[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9495]


[[Page Unknown]]

[Federal Register: April 20, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC47

 

Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Four Plants and Threatened Status for One Plant 
From the Central Sierran Foothills of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act) for four plants: Calystegia stebbinsii (Stebbins' 
morning-glory), Ceanothus roderickii (Pine Hill ceanothus), 
Fremontodendron californicum ssp. decumbens (Pine Hill flannelbush), 
and Galium californicum ssp. sierrae (El Dorado bedstraw). The Service 
also proposes threatened status for Senecio layneae (Layne's 
butterweed). These species all occur on gabbro or serpentine soils in 
the central Sierran foothills of California within chaparral or oak 
woodland communities. Urbanization and its ensuing habitat 
fragmentation, inadequate regulatory mechanisms, road construction and 
maintenance, grading, herbicide spraying, change in fire frequency, 
off-road vehicle use, unauthorized dumping, excessive grazing 
practices, competition from invasive alien vegetation, and mining 
imperil these five species. This proposal, if made final, would 
implement the Federal protection and recovery provisions afforded by 
the Act for these plants.

DATES: Comments from all interested parties must be received by July 
19, 1994. Public hearing requests must be received by June 6, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, Sacramento Field Office, U.S. Fish and 
Wildlife Service, 2800 Cottage Way, room E-1803, Sacramento, California 
95825-1846. Comments and materials received will be available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Kirsten Tarp, Sacramento Field Office 
(see ADDRESSES section) at 916/978-4866.

SUPPLEMENTARY INFORMATION:

Background

    Calystegia stebbinsii (Stebbins' morning-glory), Ceanothus 
roderickii (Pine Hill ceanothus), Fremontodendron californicum ssp. 
decumbens (Pine Hill flannelbush), Galium californicum ssp. sierrae (El 
Dorado bedstraw), and Senecio layneae (Layne's butterweed) occur 
primarily on the Pine Hill intrusion, an area of approximately 10,400 
hectares (25,700 acres), in western El Dorado County, California, 
ranging in elevation from 138 to 628 meters (453 to 2,060 feet). In 
addition, C. stebbinsii and S. layneae have a few known isolated 
occurrences in either El Dorado, Nevada, or Tuolumne Counties, 
California. All of the species included in this proposal exhibit 
substrate preferences. C. roderickii, F. californicum ssp. decumbens, 
and G. californicum ssp. sierrae are endemic to gabbro-derived soils on 
the Pine Hill intrusion, and C. stebbinsii and S. layneae occur on 
gabbro and serpentine-derived soils. One known occurrence of S. layneae 
was found on metamorphic-derived soils.
    Gabbroic soils are derived from mafic rocks (gabbrodiorite) that 
are mildly acidic, are rich in iron and magnesium, and often contain 
other heavy metals such as chromium (Wilson 1986). Gabbro, a dark 
large-crystalled rock, is formed when liquid magma cools slowly 
underground. A red soil is formed when the rock is exposed and weathers 
at the earth's surface (EIP Associates 1991). These soils are well-
drained and are underlain by gabbrodiorite rocks at a depth of more 
than 1 meter (3.28 feet) (U.S. Department of Agriculture, Soil 
Conservation Service 1974).
    Serpentine-derived soils are formed through a process similar to 
the formation of gabbroic soils. Serpentine soils are derived from 
ultramafic rocks (e.g., serpentinite, dunite, and peridotite). They 
tend to have high concentrations of magnesium, chromium, and nickel, 
and low concentrations of calcium, nitrogen, potassium, and phosphorus 
(Kruckeberg 1984). ``Gabbro soils are considered to be edaphically 
similar to serpentine because of their mineral composition and because 
they appear to influence plant distributions in much the same way'' 
(Wilson 1986).
    The three plant communities occurring on the Pine Hill intrusion 
are chaparral, oak woodland, and savanna. The vegetation type of this 
area is distinctive enough that Robert Holland, based upon Wilson's 
research (1986), designated a community known as gabbroic northern 
mixed chaparral. This community is characterized by being ``edaphically 
restricted to ultramafic [sic] gabbro in a mixed chaparral which is 
dominated by Adenostoma fasiculatum (chamise), and usually occurring on 
rather xeric exposures'' (Holland 1986). Calystegia stebbinsii, 
Ceanothus roderickii, Fremontodendron californicum ssp. decumbens, and 
Senecio layneae occur in fire-dependent chaparral habitat; 
Fremontodendron californicum ssp. decumbens and Senecio layneae also 
occur in the ecotone between chaparral and oak woodland; Galium 
californicum ssp. sierrae and Senecio layneae occur in oak woodland 
(Wilson 1986). None of the plants in this proposal occur within 
savanna, which comprises approximately 27 percent of the vegetation on 
the Pine Hill intrusion.
    Loss of habitat, fragmentation, and alteration of natural ecosystem 
processes have resulted from residential and commercial development. 
Housing and commercial development, inadequate regulatory mechanisms, 
road maintenance, grading, change in fire frequency, unauthorized 
dumping, excessive grazing practices, herbicide spraying, mining, and 
other human-caused conditions threaten the remaining occurrences of 
these plants.

Discussion of the Five Species Proposed for Listing

    G. Ledyard Stebbins collected the type specimen of Calystegia 
stebbinsii in 1970, 17 kilometers (10 miles) west of Placerville in El 
Dorado County, California. Richard K. Brummitt (1974) described the 
species using specimens collected by Stebbins as the type.
    Calystegia stebbinsii is a leafy perennial herb in the morning-
glory family (Convolvulaceae). Its stems, which range up to 1 meter 
(3.28 feet) in length, generally lie flat on the ground. The leaves are 
palmately lobed with the two outermost lobes being divided again. The 
leaf lobes are narrow and lance-shaped. White flowers, which appear in 
May through June, are on stalks 3 to 13 centimeters (1 to 5 inches) 
long and bear two leaf-like bracts. The fruit is a slender capsule. Its 
distinctively shaped leaves, each having 7 to 9 narrow lance-shaped 
lobes, distinguish C. stebbinsii from other California morning-glories.
    Calystegia stebbinsii occurs in two localized areas. Most 
occurrences of C. stebbinsii are discontinuously scattered within two 
population centers in the northern and southern portions of the Pine 
Hill intrusion. C. stebbinsii does not occur at the center of the 
intrusion on Pine Hill. It was recently discovered in Nevada County 
near the County landfill, where it was sparsely scattered over 
distances of 6.5 kilometers (3.5 miles) (California Natural Diversity 
Database (CNDDB) 1992). In El Dorado County it is associated with 
chaparral on gabbro soils. In Nevada County it occurs on serpentine. It 
was possibly transplanted from El Dorado County by the transport of 
soil to the Nevada County Sanitary Landfill (Carla DeCrona, California 
Department of Fish and Game (CDFG), pers. comm., 1992; The Union 1991). 
C. stebbinsii occurs primarily on privately owned land. The Bureau of 
Land Management (BLM) manages land for some occurrences. Development 
has extirpated at least one-third of the known occurrences (CDFG 
1990a). Other threats to these populations include inadequate 
regulatory mechanisms, off-road vehicle use, grading, dumping, road 
maintenance, change in fire frequency, and competition with invasive 
alien vegetation.
    Beecher Crampton first collected Ceanothus roderickii in 1956 from 
Pine Hill in El Dorado County. Walter Knight described C. roderickii in 
1968, naming it after Wayne Roderick, who first suspected the 
horticultural value of this endemic shrub (Knight 1968). Walter Knight 
(1968) considered C. roderickii to be most closely related to C. 
cuneatus, which also grows throughout the area. C. roderickii can be 
differentiated from its congeners by its blue-tinged flowers, prostrate 
habit, and inconspicuously horned fruit.
    Ceanothus roderickii is a prostrate evergreen shrub of the 
buckthorn family (Rhamnaceae) that generally grows to 3 meters (9.84 
feet) in diameter. The smooth gray-brown branches radiate from a 
central axis and root when they come into contact with the ground. Its 
leaves are semi-erect with entire margins. Small whitish flowers tinged 
with blue appear from May through June. Its fruit is an inconspicuously 
horned globe-shaped capsule.
    Ceanothus roderickii is restricted to gabbro soil in openings in 
chaparral or more infrequently on previously disturbed sites within 
chaparral (Wilson 1986). It is restricted to one localized area of 
approximately 10 known extant occurrences discontinuously scattered in 
the Pine Hill intrusion (CNDDB 1992). Residential and commercial 
development, inadequate regulatory mechanisms, off-road vehicle use, 
road-widening, change in fire frequency, and other human-caused 
conditions are responsible for the decline of C. roderickii. Commercial 
development has extirpated two known occurrences. C. roderickii occurs 
primarily on private land. BLM owns part of one site and the California 
Department of Forestry (CDF) owns another site.
    Beecher Crampton made the first collection of Fremontodendron 
californicum ssp. decumbens in 1956. Robert M. Lloyd (1965) described 
F. californicum ssp. decumbens as F. decumbens based on the type Lloyd 
collected in May 1964 from ``California, El Dorado Co., Pine Hill, ca. 
3 kilometers north of Rescue.'' Philip Munz (1968) reduced F. decumbens 
to a subspecies of F. californicum. Walter M. Kelman (1991), in his 
revision of Fremontodendron, recognized F. californicum ssp. decumbens 
as a full species based upon morphological variation. This taxon is 
currently known as Fremontodendron californicum ssp. decumbens 
(Whetstone and Atkinson 1993).
    Fremontodendron californicum ssp. decumbens is a branched spreading 
shrub of the cacao family (Sterculiaceae) growing to 1.3 meters (4 
feet) tall. Dense star-shaped hairs cover the leaves and the younger 
twigs and branchlets. Its leaves are elliptic-ovate to ovate, shallowly 
or deeply palmately lobed with 5 to 7 lobes. Showy light-orange to 
reddish-brown flowers appear from late April to early July. Its fruit 
is a capsule. F. californicum ssp. decumbens can be distinguished from 
F. californicum ssp. californicum and F. mexicanum by its decumbent 
growth habit, its relatively long peduncles, and its copper-orange 
flowers.
    Fremontodendron californicum ssp. decumbens occurs on scattered 
rocky outcrops either in chaparral or in the ecotone between woodland 
and chaparral. It depends on fire to promote seed germination. It is 
only known from one localized area near Pine Hill in western El Dorado 
County scattered within an area of approximately 2,000 hectares (5,000 
acres). Although there are some reports of F. californicum ssp. 
decumbens occurring in some small scattered populations in Yuba or 
Nevada County, other reports describe these individuals as aberrant F. 
californicum ssp. californicum. F. californicum ssp. decumbens occurs 
primarily on private land, but one site is on BLM land. CDF and CDFG 
also own another site.
    The largest population of Fremontodendron californicum ssp. 
decumbens is on the Pine Hill Ecological Reserve managed by CDFG. The 
proximity of this plant to human population centers and intensive 
development activities renders F. californicum ssp. decumbens 
vulnerable to the long-term effects of fire suppression. Its restricted 
distribution increases its susceptibility to catastrophic events such 
as disease or pest outbreak, severe drought, or other natural or human-
caused disasters. In addition, residential and commercial development 
(including unregulated grading for homes or barns on existing large 
parcels), inadequate regulatory mechanisms, and trash dumping threaten 
F. californicum ssp. decumbens.
    The type specimen for Galium californicum ssp. sierrae was 
collected 1.7 kilometers (1 mile) north of Pine Hill Lookout in western 
El Dorado County, California. Lauramay Dempster and G. Ledyard Stebbins 
(1968) described G. californicum ssp. sierrae.
    Galium californicum ssp. sierrae is a softly hairy perennial herb 
in the coffee family (Rubiaceae). Four narrow leaves are arranged at 
each node. The pale yellow flowers, which are clustered at the tips of 
stems, appear in May and June. Minute hairs cover the fleshy fruit. It 
can be distinguished from other subspecies of G. californicum by its 
very narrow leaves.
    Galium californicum ssp. sierrae is restricted to one localized 
area; the Pine Hill and surrounding ridges to the west within a 
distance of approximately 4 kilometers (2.5 miles) (Baad and Hanna 
1987). It inhabits oak woodland areas, including sites with ponderosa 
pine and digger pine (Wilson 1986). G. californicum ssp. sierrae occurs 
primarily on private land. BLM manages at least one population, and it 
is not clear whether another existing population occurs on BLM or on 
private land. CDF and CDFG manage one site as well. Residential 
development, inadequate regulatory mechanisms, road construction, 
grazing, and irrigation threaten G. californicum ssp. sierrae. Its 
restricted distribution and limited numbers of individuals make it 
susceptible to catastrophic events such as disease or pest outbreak, 
severe drought, or other natural or human-caused disasters.
    Kate Layne-Curran collected the type for Senecio layneae in May 
1883 from El Dorado County, California, on Sweetwater Creek, not far 
from Folsom. Edward L. Greene first described S. layneae in 1883 
(Greene 1883). Although Asa Gray reduced S. layneae to a variety of S. 
fastigiatus (1884), it currently is known as S. layneae (Barkley 1993). 
The type population is now thought to be extirpated due to inundation 
by Folsom Lake.
    Senecio layneae is a perennial herb of the aster family 
(Asteraceae) that sprouts from a rootstock. Its mostly basal lance-
shaped leaves are 8 to 24 centimeters (3 to 10 inches) long. The 
several flower heads are 4 to 6 centimeters (2 to 3 inches) wide each 
having 5 to 8 orange-yellow ray flowers and numerous yellow disk 
flowers. S. layneae flowers between April and June.
    Senecio layneae grows in open rocky areas within chaparral plant 
communities, primarily on gabbro soil formations and occasionally on 
serpentine soils. Most known sites are scattered within a 16,200 
hectare (40,000-acre) area in western El Dorado County. A few other 
colonies occur in the Eldorado National Forest in El Dorado County and 
in the BLM Red Hills Management Area in Tuolumne County (BioSystems 
Analysis, Inc. 1984). S. layneae primarily occurs on privately owned 
land. Some populations of S. layneae also occur on Federal land managed 
either by the Forest Service or BLM. One site is on land managed by CDF 
and CDFG. Residential and commercial development, inadequate regulatory 
mechanisms, road maintenance, change in fire frequency, off-road 
vehicle use, competition with invasive alien vegetation, excessive 
grazing practices, mining and other human-caused conditions threaten 
and are responsible for the declining trend for S. layneae (CDFG 1990b, 
CNDDB 1992).

Previous Federal Action

     Federal government actions on the five plants began as a result of 
section 12 of the Endangered Species Act of 1973, as amended (16 U.S.C. 
1531 et seq.), 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 Fremontodendron decumbens (now known as 
Fremontodendron californicum ssp. decumbens), Galium californicum ssp. 
sierrae, and Senecio layneae as endangered and Ceanothus roderickii as 
threatened species. The Service published a notice in the July 1, 1975, 
Federal Register (40 FR 27823) of its acceptance of the report of the 
Smithsonian Institution as a petition within the context of section 
4(c)(2) (petition provisions are now found in section 4(b)(3) of the 
Act) and its intention thereby to review the status of the plant taxa 
named therein. The above four taxa were included in the July 1, 1975, 
notice. On June 16, 1976, the Service published a proposal in the 
Federal Register (41 FR 24523) to determine approximately 1,700 
vascular plant species, including C. stebbinsii, F. decumbens, G. 
californicum ssp. sierrae, and S. layneae, 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 
the July 1, 1975, Federal Register publication.
    General comments received in relation to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The Endangered Species Act Amendments of 1978 required that all 
proposals over 2 years old be withdrawn. A 1-year grace period was 
given to those proposals already more than 2 years old. In the December 
10, 1979, Federal Register (44 FR 70796), the Service published a 
notice of withdrawal of the June 16, 1976, proposal, along with four 
other proposals that had expired.
    The Service published an updated notice of review for plants on 
December 15, 1980 (45 FR 82480). This notice included Calystegia 
stebbinsii, Fremontodendron decumbens, Galium californicum ssp. 
sierrae, and Senecio layneae as category 1 candidates for Federal 
listing, and Ceanothus roderickii as a category 2 candidate. Category 1 
taxa are those for which the Service has on file substantial 
information on biological vulnerability and threats to support 
preparation of listing proposals. Category 2 taxa are those for which 
data in the Service's possession indicate listing is possibly 
appropriate, but for which substantial data on biological vulnerability 
and threats are not currently known or on file to support proposed 
rules. On November 28, 1983, the Service published in the Federal 
Register a supplement to the Notice of Review (48 FR 53640). This 
supplement changed C. stebbinsii, F. decumbens, G. californicum ssp. 
sierrae, and S. layneae from category 1 to category 2 candidates.
    The September 27, 1985 (50 FR 39526), plant notice of review 
included Calystegia stebbinsii, Ceanothus roderickii, Fremontodendron 
californicum ssp. decumbens (as Fremontodendron decumbens), Galium 
californicum ssp. sierrae, and Senecio layneae as category 2 
candidates. The February 21, 1990 (55 FR 6184), and September 30, 1993 
(58 FR 51144), plant notices of review included C. roderickii and F. 
californicum ssp. decumbens (as F. decumbens) as category 1 candidates 
and C. stebbinsii, G. californicum ssp. sierrae, and S. layneae as 
category 2 candidates. On December 9, 1993, the Service issued petition 
findings for 990 candidate species that had been under ``warranted but 
precluded'' findings, including C. stebbinsii, G. californicum ssp. 
sierrae, and S. layneae (58 FR 64828). The Service detailed in the 
notice of findings the reasons the data were insufficient, at that 
time, to either propose or assign these plants to category 3. For C. 
stebbinsii, the Service indicated that current information on this 
species was based on reports from only a small portion of its known 
range, and population trends for the remaining range were unknown. For 
G. californicum ssp. sierrae and S. layneae, the Service noted that 
population trends for the remaining range were unknown and ecological 
or other biological requirements were uncertain. Since the preparation 
of that notice, additional information was received on the status of C. 
stebbinsii, G. californicum ssp. sierrae, and S. layneae, which 
resulted in the elevation of these species to category 1.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
certain findings on pending petitions within 12 months 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. This was the case for Ceanothus 
roderickii, Fremontodendron californicum ssp. decumbens, Galium 
californicum ssp. sierrae, and Senecio layneae because the 1975 
Smithsonian report was accepted as a petition. On October 13, 1982, the 
Service found that the petitioned listing of these species was 
warranted but precluded by other pending listing actions in accordance 
with section 4(b)(3)(B)(iii) of the Act. Notification of this finding 
was published on January 20, 1984 (49 FR 2485). Such a finding requires 
the petition to be recycled, pursuant to section 4(b)(3)(C)(i) of the 
Act. The finding was reaffirmed annually in October of 1983 through 
1993. Publication of this proposal constitutes the final finding for 
the petitioned action.

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C 1533) and regulations (50 CFR part 
424) promulgated to implement the listing provisions of the Act set 
forth the procedures for adding species to the Federal lists of 
endangered and threatened species. A species may be determined to be 
endangered or threatened due to one or more of the five factors 
described in section 4(a)(1). These factors and their application to 
Calystegia stebbinsii Brummitt (Stebbins' morning-glory), Ceanothus 
roderickii Knight (Pine Hill ceanothus), Fremontodendron californicum 
ssp. decumbens (Lloyd) Munz (Pine Hill flannelbush), Galium 
californicum H. & A. ssp. sierrae Dempster & Stebbins (El Dorado 
bedstraw), and Senecio layneae Greene (Layne's butterweed) are as 
follows:
    A. The Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range. At least 80 percent of the 
occurrences for these five plant species are on private land. They 
primarily occur on the Pine Hill intrusion, an area of approximately 
10,400 hectares (25,700 acres) in western El Dorado County. A few 
isolated occurrences of Calystegia stebbinsii or Senecio layneae are 
known in either El Dorado, Nevada, or Tuolumne Counties (EIP Associates 
1991, CNDDB 1992). The primary threat facing these five species and 
their associated habitat is the ongoing and threatened destruction and 
modification of habitat by one or more of the following: urbanization 
and its ensuing habitat fragmentation, road construction and 
maintenance, off-road vehicle use, grading, and mining.
    Nearly all the remaining occurrences of all five species are 
threatened by destruction of habitat through residential or commercial 
development. The human population of the four counties just east of the 
Sacramento metropolitan area (Nevada, Placer, El Dorado, and Amador) 
increased 375 percent between 1960 and 1992 (Engellenner 1993). El 
Dorado County, which has a projected population growth of 54 percent 
between 1990 and 2005, is one of the most rapidly growing counties in 
California (California Department of Finance 1991, Jones and Stokes 
Associates 1992). In 1991, the population grew by 4.2 percent; faster 
than the projected growth rate of 3.6 percent (California Department of 
Finance 1992). Western El Dorado County is becoming a bedroom community 
as it is easily accessible by freeway from several nearby cities 
including Sacramento. Most of the new residential growth in El Dorado 
County is expected to occur within western El Dorado County near 
Highway 50 (Jones and Stokes Associates 1992), which crosses the 
southern portion of the Pine Hill intrusion.
    Within the gabbro soil and adjacent serpentine formations in 
western El Dorado County, 39 proposed development projects, which 
variously threaten to fragment the habitat of all five species, are 
currently on file with El Dorado County. A 730-hectare (1,800-acre) 
development is only 1 of 16 large projects proposed in El Dorado County 
(Wiegand 1991). Development currently is planned for approximately 5 
percent of this 16,200-hectare (40,000-acre) area. In addition, the El 
Dorado County General Plan update proposes the conversion of vacant and 
agricultural land to various residential uses within the 38,400-hectare 
(95,000-acre) western service area of the El Dorado County Irrigation 
District (EID) (Jones and Stokes Associates 1992), which encompasses 
the entire Pine Hill intrusion.
    The proposed land uses within the western service area of the EID 
include a 1,000 percent increase in single family residences (from a 
current level of 1,857 hectares (4,589 acres) to 20,254 hectares 
(50,047 acres)) and a doubling of the rural residential uses (from 
7,630 hectares (18,860 acres) to 15,780 hectares (39,000 acres)) (Jones 
and Stokes Associates 1992). The El Dorado County Water Agency proposed 
the construction of either additional dams, water storage facilities, 
or water conveyance lines on the South Fork of the American River 
(Jones and Stokes Associates 1992, El Dorado County Water Agency 1993). 
The subsequent induced growth would affect all five species in both the 
northern and southern portions of the Pine Hill intrusion and adjacent 
serpentine, either by further fragmenting the habitat (as discussed 
below) or by directly destroying habitat. The increasing number of 
people and changes in land uses will continue to place an ever-greater 
strain on undeveloped areas through activities such as off-road vehicle 
traffic, unauthorized garbage dumping, and changes in the pattern of 
wildfires.
    Historical gold rush activities and clearing for agriculture 
reduced and fragmented habitat of the five plants. Currently, these 
plants face threats from habitat fragmentation associated with 
commercial and residential development and road construction. 
Fragmentation splits habitat into smaller, more isolated units and has 
two primary effects. First, habitat fragmentation may alter the 
physical environment, changing the amount of incoming solar radiation, 
water, wind, or nutrients for the remnant vegetation (Saunders et al. 
1991). Second, a higher proportion of these fragmented natural areas is 
subject to influences from external factors (e.g., additional 
development, lawn and garden watering, herbicide drift, and off-road 
vehicular use) that disrupt natural ecosystem processes.
    The vegetation structure on the Pine Hill intrusion has changed 
significantly due to commercial and residential development, road 
construction, and historical fragmentation. Hunter and Horenstein 
(1991) characterized vegetation structure on the Pine Hill intrusion 
and estimated the median patch size to be only 11 hectares (27 acres). 
This degree of fragmentation is significant within chaparral because 
plant species will disappear from fragments between 10 and 100 hectares 
(25 to 250 acres) in size due to persistent disturbance and potentially 
due to change in fire frequency (Soule et al. 1992). These and other 
effects of fragmentation are discussed further under Factor E.
    Twelve potential preserve sites were identified as the best 
remaining habitat for the five plants on the Pine Hill intrusion and 
adjacent serpentine (EIP Associates 1991). Within these 12 sites, at 
least 11 residential or commercial projects (Bass Lake Estates, Cameron 
Ridge, Fremont's Peak, Kanaka Valley, Pinnacles, Ponderosa 50, Sunset 
Heights, Woodleigh Ridge, and 3 approved parcel splits) are proposed 
(El Dorado County Planning Staff 1992). These projects threaten all 
five plants to varying degrees by directly destroying individual plants 
or further fragmenting and destroying their habitat.
    Activities often associated with rural residential areas, such as 
clearing chaparral for fire protection around houses, bulldozing land 
(grading for houses or barns), planting fruit trees, and irrigation, 
also have modified the habitat within western El Dorado County (James 
Jokerst, Jones and Stokes Associates, pers. comm., 1993; Jo Van Ess, 
California State University, Sacramento, pers. comm., 1993). The 
ongoing repetitive clearing of chaparral destroys the habitat. 
Irrigation involved with lawn maintenance also adversely affects these 
species (Jo Van Ess, pers. comm., 1993; James Jokerst, pers. comm., 
1993).
    Commercial and residential development extirpated at least one-
third of the known occurrences of Calystegia stebbinsii (CDFG 1990a, 
CNDDB 1992). Most of the remaining occurrences for C. stebbinsii are on 
the Pine Hill intrusion. All of these sites, except for those in the 
northern part, are in areas undergoing rapid development and are 
threatened by commercial and private development as discussed above. 
Habitat for C. stebbinsii in Nevada County is threatened by a proposed 
County works project (CDFG 1990a).
    Other human activities also destroy or damage habitat of Calystegia 
stebbinsii. One occurrence was adversely impacted by grading. Off-road 
vehicle use has adversely impacted the habitat of C. stebbinsii at one 
site (CNDDB 1992). In the northern part of the Pine Hill intrusion, 
several hills are scarred with off-road vehicle tracks. Erosion 
promoted by scarring adversely modifies the habitat. Road maintenance 
and herbicide spraying potentially threaten another site of C. 
stebbinsii that occurs along a road cut (CNDDB 1992).
    Shopping center construction and other commercial development 
extirpated two occurrences of Ceanothus roderickii (CNDDB 1992). Road-
widening also threatens the habitat of C. roderickii at one site (CNDDB 
1992). Off-road vehicle use degrades the habitat at three sites in the 
northern part of the gabbro area (CNDDB 1992).
    Construction of houses on and near Pine Hill resulted in the loss 
of many individuals of Fremontodendron californicum ssp. decumbens 
(George Clark, in litt., 1993). Land clearing activities that occur 
with road construction also threaten F. californicum ssp. decumbens. In 
1968, all the vegetation along the Pine Hill approach road was cut. In 
1969, the west slope of Pine Hill was cleared by the CDF, demolishing 
80 percent of the F. californicum ssp. decumbens within the boundaries 
of the current Pine Hill Ecological Reserve (Baad and Hanna 1987). Most 
of these shrubs have resprouted. Presently, the Pine Hill Ecological 
Reserve, managed by CDFG, has the largest occurrence of F. californicum 
ssp. decumbens.
    No known extirpations of Galium californicum ssp. sierrae due to 
residential or commercial development have occurred. However, as 
discussed above, residential or commercial development and activities 
associated with rural residential areas threaten G. californicum ssp. 
sierrae within the potential reserve area identified as the best 
remaining habitat. G. californicum ssp. sierrae has a very small 
population size and a restricted distribution almost entirely on 
private land. As discussed above and under Factor E below, small 
population size and fragmentation increases the plants' vulnerability 
to these threats.
    Commercial and residential development extirpated two occurrences 
of Senecio layneae (CNDDB 1992). Many of the remaining occurrences of 
S. layneae are in areas undergoing rapid commercial and residential 
development. S. layneae is also potentially threatened by a variety of 
disturbances including road maintenance, vegetation removal, and off-
road vehicle use (CNDDB 1992). Road widening occurs in the vicinity of 
development within El Dorado County, and this activity has already 
extirpated one occurrence and threatens an additional five sites (CNDDB 
1992). Intensive off-road vehicle use threatens two additional 
occurrences of this species (CNDDB 1992). Off-road vehicle use occurred 
historically in Tuolumne County on BLM land, but no longer occurs 
there. Currently, off-road vehicle use occurs on two sites within the 
Pine Hill intrusion on privately owned land. One site of S. layneae in 
the northern part of the intrusion is impacted by heavy off-road 
vehicle use and has been fragmented by the numerous roads that traverse 
the entire area. A southern site of S. layneae that occurs across 89 
hectares (221 acres) was graded and grubbed in preparation for 
development and is subject to off-road vehicle use over part of the 
site (CNDDB 1992).
    Habitat for Senecio layneae within the Traverse Creek Botanical 
Area in Eldorado National Forest historically was fragmented by 
serpentine quarrying. In addition, mining claims for semi-precious 
stones and gold exist on S. layneae habitat in the Eldorado National 
Forest. Although the Eldorado National Forest is trying to withdraw 
these claims, this withdrawal action may not be achieved (Mike Foster, 
Eldorado National Forest, pers. comm., 1993).
    Destruction and fragmentation of habitat by commercial and 
residential development is the most significant and imminent threat 
facing Calystegia stebbinsii, Ceanothus roderickii, Fremontodendron 
californicum ssp. decumbens, Galium californicum ssp. sierrae, and 
Senecio layneae. Proposed residential or commercial development within 
the Pine Hill intrusion, combined with growth induced by proposed dams 
on the South Fork of the American River, threaten the majority of sites 
within the Pine Hill intrusion and adjacent serpentine in western El 
Dorado County and will adversely impact most of the range of all five 
taxa. Road widening, off-road vehicle use, garbage dumping, and other 
human-caused conditions associated with increased development threaten 
individual occurrences of these five species throughout their 
respective ranges.
    B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes. Overutilization is not currently known to be a 
factor for the five plants, but unrestricted collecting for scientific 
or horticultural purposes, vandalism, or excessive visits by 
individuals interested in seeing rare plants could result from 
increased publicity as a result of this proposal. Two of the species 
included in this proposal, Ceanothus roderickii and Fremontodendron 
californicum ssp. decumbens, have been used horticulturally (Schmidt 
1993, Whetstone 1993), but they do not appear to be threatened by 
collection in the wild.
    C. Disease or predation. Disease is a potential factor for 
Fremontodendron californicum ssp. decumbens. In cultivation F. 
californicum ssp. decumbens is highly susceptible to a wilt disease 
that can kill the plant almost overnight (Knight 1972). It is not known 
if this mortality has been observed in the field. Plants proximate to 
residences may be vulnerable to supplemental moisture from irrigation 
of lawns or gardens. Disease is not known to be a factor for any of the 
other taxa.
    Intense insect and rodent predation occurs on Fremontodendron 
californicum ssp. decumbens. Boyd and Serafini (1992) studied 
reproductive attrition in F. californicum ssp. decumbens. They found 
that less than 2 percent of flower buds produced fruit because of 
predation by insects. In addition, rodents destroyed 90 percent of 
seeds under shrubs within 8 to 10 months (Boyd and Serafini 1992). 
Since F. californicum ssp. decumbens is very restricted in range and 
few individuals exist, this predation increases the chance for 
extinction as discussed under Factor E.
    Overgrazing by horses in rural residential areas within the Pine 
Hill intrusion threaten Calystegia stebbinsii, Galium californicum ssp. 
sierrae, and Senecio layneae. The horses, when confined, severely graze 
virtually all available vegetation. The herbaceous gabbro plants are 
especially likely to be grazed (Jo Van Ess, pers. comm., 1993).
    Documentation of population extirpations as a result of disease and 
predation does not exist. However, as discussed under Factors A and E, 
small population size and fragmentation increases the plants' 
vulnerability to predation.
    D. The Inadequacy of Existing Regulatory Mechanisms. Calystegia 
stebbinsii is listed as an endangered species under the California 
Endangered Species Act (chapter 1.5 sec. 2050 et seq. of the California 
Fish and Game Code and Title 14 California Code of Regulations 670.2). 
Ceanothus roderickii, Fremontodendron californicum ssp. decumbens, 
Galium californicum ssp. sierrae, and Senecio layneae are listed by the 
State as rare. Individuals are required to obtain a memorandum of 
understanding with the CDFG to possess or ``take'' a species listed 
under the California Endangered Species Act. Although the ``take'' of 
State-listed plants is prohibited (California Native Plant Protection 
Act, chapter 10 sec. 1908 and California Endangered Species Act, 
chapter 1.5 sec. 2080), State law exempts the taking of such plants via 
habitat modification or land use changes by the owner. This State law 
does not necessarily prohibit activities that could extirpate these 
species. After CDFG notifies a landowner that a State-listed plant 
grows on his or her property, State law requires that the landowner 
notify the agency ``at least 10 days in advance of changing the land 
use to allow salvage of such a plant'' (Native Plant Protection Act, 
chapter 10 sec. 1913). Ten days may not allow adequate time for 
agencies to coordinate the salvage of the plants.
    The California Environmental Quality Act (CEQA) requires a full 
disclosure of the potential environmental impacts of proposed projects. 
The public agency with primary authority or jurisdiction over the 
project is designated as the lead agency and is responsible for 
conducting a review of the project and consulting with the other 
agencies concerned with the resources affected by the project. Section 
15065 of the CEQA Guidelines requires a finding of significance if a 
project has the potential to ``reduce the number or restrict the range 
of a rare or endangered plant or animal.'' Species that are eligible 
for listing as rare, threatened, or endangered are given the same 
protection as species officially listed under the State or Federal 
Endangered Species Acts. Once significant effects are identified, the 
lead agency has the option to require mitigation for effects through 
changes in the project or to decide that overriding considerations make 
mitigation infeasible. In the latter case, projects may be approved 
that cause significant environmental damage, such as destruction of 
endangered species and their habitats. Protection of listed species 
through CEQA is, therefore, dependent upon the discretion of the lead 
agency.
    Section 21080(b) of CEQA allows certain projects to be exempted 
from the CEQA process. Ministerial projects, those projects that the 
public agency must approve after the applicant shows compliance with 
certain legal requirements, may be approved or carried out without 
undertaking CEQA review.
    When development occurs and individual project effects are 
mitigated in accordance with the provisions in CEQA, the developer 
often will set aside small natural areas within the development. These 
small ``set asides'' are vulnerable to the problems of habitat 
fragmentation as discussed further under Factors A and E. These small 
set asides are impractical to manage for fire (discussed further under 
Factor E). Land development and multiple ownership makes difficult the 
planning and implementation of controlled burns at the appropriate fire 
frequency necessary for the maintenance of chaparral.
    Within El Dorado County over the past several years, attempts have 
been made to establish a preserve system to protect gabbro chaparral 
habitat. An initial report on preserve sites and rare plant strategies 
was completed in November 1991. The report identified 12 potential 
preserve sites. In 1992, El Dorado County held public workshops 
concerning this report. A rare plant advisory committee, consisting of 
members from the development community, various agencies (CDFG, BLM, 
Service), El Dorado County planning staff, CNPS and others, was 
established to identify feasible preserve sites, funding mechanisms, 
and management strategies for these preserves. The County Board of 
Supervisors evaluated the preserve sites identified by the rare plant 
advisory committee and eliminated the large southern preserve site. It 
approved in principle two other large preserve sites; however, the 
majority of the Board did not consider any local funding to establish 
or maintain the preserves (George Clark, in litt., 1993; Kirsten Tarp, 
U.S. Fish and Wildlife Service, pers. obs., 1993). It is unlikely that 
the establishment and maintenance of a sufficient reserve system will 
occur without adequate funding.
    E. Other Natural or Manmade Factors Affecting Its Continued 
Existence. Altered periodicity of fire threatens Calystegia stebbinsii, 
Ceanothus roderickii, Fremontodendron californicum ssp. decumbens, and 
Senecio layneae. These plants occur within a fire-adapted plant 
community, either within chaparral or on the ecotone between chaparral 
and woodland. Fire suppression policies have altered natural processes 
within several plant communities in California. Historically, fire 
occurred in chaparral on the average of 3 to 5 times every 100 years 
(Boyd 1985). As described below, fire is important for seed germination 
and for seedling reestablishment by eliminating competition and 
shading, as well as replenishing nutrients to the soil. Without 
periodic fires, the previously mentioned four plants either do not 
reproduce by seed or may become shaded by other plants. In a study of 
the effects of controlled burning on 3 rare plants occurring on Pine 
Hill within western El Dorado County, Boyd (1985, 1987) found that fire 
killed C. roderickii shrubs, but caused a 22-fold increase in seed 
germination. He also found that the growth rate of seedlings was 
greater in the burned area than in the unburned area.
    Fremontodendron californicum ssp. decumbens seeds require heat from 
fire to germinate. F. californicum ssp. decumbens also resprouts 
vegetatively after a burn. In studying reproductive attrition in F. 
californicum ssp. decumbens, Boyd and Serafini (1992) found that F. 
californicum ssp. decumbens cannot reproduce sexually without fire. 
They concluded that to maintain genetic diversity and establish plants 
at new localities within the boundaries of the current populations, 
sexual reproduction may be necessary over long time periods.
    Initial studies also show C. stebbinsii needs disturbance by either 
heat or scarification for germination to occur (Tim Nosal, CDFG, pers. 
comm., 1993; Paul Boch, Nevada County Agricultural Commissioner, in 
litt, 1993). C. stebbinsii also is associated with fire. At the Nevada 
County landfill site, this species is more prevalent in the burned 
areas than in the unburned areas (Paul Boch, in litt., 1993). C. 
stebbinsii is eliminated as soon as the surrounding chaparral grows 
tall enough to shade it.
    Excessive fire frequency also potentially threatens Ceanothus 
roderickii and Fremontodendron californicum ssp. decumbens. These 
plants need sufficient time between burns to set enough seed to 
replenish the soil seedbank. Mature plants of F. californicum ssp. 
decumbens also need to build up carbohydrate reserves to be able to 
resprout after a fire (Boyd 1985).
    The total suppression of fire or the total suppression of 
disturbance threatens Senecio layneae and Calystegia stebbinsii. 
Limited surface disturbance has been beneficial to these species in 
certain circumstances by promoting initial establishment (James 
Jokerst, pers. comm., 1993). S. layneae appears to be an early 
successional species that occupies temporary openings on gabbro or 
serpentine and is eliminated as vegetation grows up around it (Baad and 
Hanna 1987).
    Competition with invasive alien vegetation, herbicide spraying, and 
unauthorized dumping threaten individual occurrences of Calystegia 
stebbinsii. An introduced species of field bind weed, Convolvulus sp. 
competes with one colony of Calystegia stebbinsii within Nevada County 
(CNDDB 1992). Trash dumping also threatens three occurrences of C. 
stebbinsii (CNDDB 1992). Herbicide spraying potentially threatens a 
significant portion of one occurrence of C. stebbinsii near Shingle 
Springs and several local occurrences adjacent to roads (Tim Nosal, 
pers. comm., 1993).
    Herbicide spraying and trash dumping threaten one occurrence of 
Ceanothus roderickii (CNDDB 1992). Habitat degradation from garbage 
dumping on ridge-tops around Pine Hill degrades the habitat and is a 
minor threat to Fremontodendron californicum ssp. decumbens (James 
Wilson, Sierra College, pers. comm., 1993).
    As discussed under Factor A, habitat fragmentation may alter the 
physical environment. Plant species will disappear from fragments that 
are from 10 to 100 hectares in size due to persistent disturbance and 
potentially due to change in fire frequency (Soule et al. 1992). In 
addition, habitat fragmentation increases the risks of extinction due 
to environmental, demographic, or genetic stochasticity. The small, 
isolated nature of the remaining populations and the restricted 
distribution of Fremontodendron californicum ssp. decumbens and Galium 
californicum ssp. sierrae make stochastic extinction more likely. 
Chance events, such as local catastrophes, floods, disease outbreaks, 
reproductive failure, extended droughts, landslides, or a combination 
of several such events, could destroy part of a single population or 
entire populations. A local catastrophe also could decrease a 
population to so few individuals that the risk of extirpation due to 
genetic and demographic problems associated with small populations 
would increase.
    Competition with invasive alien vegetation and shading from native 
tree and shrub species potentially threaten Senecio layneae. Several 
alien plant species, including Cytisus scoparius (Scotch broom), have 
become established within the Traverse Creek Botanical Area in Eldorado 
National Forest due to a variety of disturbances and potentially 
threaten this occurrence of S. layneae (Duron 1990, Pollak 1990).
    One occurrence of Senecio layneae is thought to have been 
extirpated by road-side herbicide application (Oren Pollak, The Nature 
Conservancy, pers. comm., 1993). This activity potentially threatens 
several other occurrences of this species.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to propose this 
rule. Proposed residential and commercial development within the Pine 
Hill intrusion, urbanization in western El Dorado County, which will be 
induced by proposed dams on the South Fork of the American River, and 
inadequate regulatory mechanisms threaten all five taxa throughout all 
or a significant portion of their respective ranges. Road construction 
and maintenance, grading, unauthorized dumping, excessive grazing 
practices, herbicide spraying, off-road vehicle use, competition from 
invasive alien vegetation, shading by native vegetation, irrigation, 
and mining affect individual occurrences of the five taxa.
    Calystegia stebbinsii, Ceanothus roderickii, Fremontodendron 
californicum ssp. decumbens, and Galium californicum ssp. sierrae are 
in danger of extinction throughout all or a significant portion of 
their ranges, and the preferred action is therefore to list them as 
endangered. Because of its wider distribution, Senecio layneae is not 
now in immediate danger of extinction throughout all or a significant 
portion of its range; however, it is likely to become an endangered 
species in the foreseeable future throughout all or a significant 
portion of its range. Therefore, the preferred action is to list 
Senecio layneae as threatened.

Critical Habitat

    Section 4(a)(3) of the Act and implementing regulations (50 CFR 
424.12) requires that, to the maximum extent prudent and determinable, 
the Secretary determine critical habitat concurrently with determining 
a species to be endangered or threatened. The Service finds that 
designation of critical habitat is not presently prudent for these 
species. Because the five plants face numerous human-caused threats 
(see Factors A and E in ``Summary of Factors Affecting the Species'') 
and the five occur predominantly on private land, the publication of 
precise maps and descriptions of critical habitat in the Federal 
Register would make these plants more vulnerable to incidents of 
vandalism and, therefore, could contribute to the decline of these 
species and increase enforcement problems. The listing of these species 
as endangered and/or threatened also publicizes the rarity of these 
plants and, thus, can make these plants attractive to researchers, 
horticulturalists, or collectors of rare plants, as discussed under 
Factor B.
    Protection of the habitat of these species will be addressed 
through the recovery process and the section 7 consultation process. 
The Service believes that Federal involvement in the areas where these 
plants occur can be identified without the designation of critical 
habitat. Therefore, the Service finds that designation of critical 
habitat for these plants is not prudent at this time because such 
designation likely would increase the degree of threat from vandalism, 
collecting, or other human activities.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
activities. 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 State 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 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) of the Act requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a proposed species 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 insure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or to 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.
    At least 80 percent of the occurrences for these five species are 
privately owned. However, BLM manages land supporting populations of 
all five plants, and Senecio layneae occurs on Federal land managed by 
Forest Service. Both agencies would become involved with any or all of 
these species as they are responsible for managing land use of areas 
supporting these species.
    The Veterans Administration and the U.S. Department of Housing and 
Urban Development (Federal Home Administration loans) may become 
involved with these species through their administration of Federal 
mortgage programs. The construction and maintenance of roads and 
highways by the Federal Highway Administration, the relicensing of 
hydroelectric projects by the Federal Energy Regulatory Commission, and 
the contracting of surface waters for irrigation, industrial, or 
municipal uses by the Bureau of Reclamation would necessitate 
involvement with these species under the Act. Also, the Army Corps of 
Engineers would become involved with these species through its 
permitting authority under section 404 of the Clean Water Act. By 
regulation, nationwide permits may not be issued where a federally 
listed endangered or threatened species would be affected by a proposed 
project without first completing formal consultation pursuant to 
section 7 of the Act. The presence of a listed species would highlight 
the national importance of these resources. Therefore, the Army Corps 
of Engineers would be required to consult with the Service on any 
proposed dam construction or any proposed permits for fill operations 
that would adversely affect any of these plants.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 for endangered plant species and 17.71 and 17.72 for 
threatened plant species set forth a series of general prohibitions and 
exceptions that apply to all endangered or threatened plants. With 
respect to the five gabbro plants from El Dorado, Nevada, or Tuolumne 
Counties, California, all trade prohibitions of section 9(a)(2) of the 
Act, implemented by 50 CFR 17.61 or 17.71, would apply. These 
prohibitions, in part, would make it illegal for any person subject to 
the jurisdiction of the United States to import or export; deliver, 
receive, carry, transport or ship in interstate or foreign commerce in 
the course of a commercial activity; sell or offer for sale these 
species in interstate or foreign commerce; or remove and reduce to 
possession federally listed plant species from areas under Federal 
jurisdiction; maliciously damage or destroy any such species on any 
area under Federal jurisdiction; or remove, cut, dig up, damage, or 
destroy any such plant species on any other area in knowing violation 
of any State law or regulation or in the course of any violation of a 
State criminal trespass law. Seeds from cultivated specimens of 
threatened plant taxa are exempt from these prohibitions provided that 
a statement ``of cultivated origin'' appears on the containers. Certain 
exceptions apply to agents of the Service and State conservation 
agencies. The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for 
the issuance of permits to carry out otherwise prohibited activities 
involving endangered or threatened plant species under certain 
circumstances. The Service anticipates few trade permits would ever be 
sought or issued for the five species because the plants are not common 
in cultivation or in the wild. Requests for copies of the regulations 
on listed plants and inquiries regarding them may be addressed to the 
U.S. Fish and Wildlife Service, Endangered Species Permits, 911 N.E. 
11th Avenue, Portland, Oregon 97232-4181 (telephone 503/231-6241, 
facsimile 503/231-6243).

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 Calystegia stebbinsii, Ceanothus 
roderickii, Fremontodendron californicum ssp. decumbens, Galium 
californicum ssp. sierrae, or Senecio layneae;
    (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 by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of these species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on these species.
    Any final decision on this proposal 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 Act provides for a public hearing on this proposal, if 
requested. Requests must be received within 45 days of the date of 
publication of this proposal. Such requests must be made in writing and 
addressed to the Field Supervisor of the Sacramento Field Office (see 
ADDRESSES section).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment, 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. 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

    A complete list of all references cited herein is available upon 
request from the Field Supervisor, Sacramento Field Office (see 
ADDRESSES section).

Author

    The primary author of this proposed rule is Kirsten Tarp, 
Sacramento Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

    Accordingly, the Service hereby proposes 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.

    2. Section 17.12(h) is amended by adding the following, in 
alphabetical order under the families indicated, and by adding a new 
family ``Sterculiaceae--Cacao family,'' in alphabetical order, to the 
List of Endangered and Threatened Plants to read as follows:


Sec. 17.12   Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Species                                                                                                                      
---------------------------------------------------------------  Historic range        Status          When listed    Critical habitat   Special rules  
       Scientific name                    Common name                                                                                                   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Asteraceae--Aster family:                                                                                                                               
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Senecio layneae...........  Layne's butterweed............  U.S.A (CA)        T                 NA                NA                NA              
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Convolvulaceae--Morning-glory                                                                                                                           
 family:                                                                                                                                                
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Calystegia stebbinsii.....  Stebbins' morning-glory.......  U.S.A. (CA)       E                 NA                NA                NA              
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Rhamnaceae--Buckthorn family:                                                                                                                           
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Ceanothus roderickii......  Pine Hill ceanothus...........  U.S.A. (CA)       E                 NA                NA                NA              
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Rubiaceae--Coffee family:                                                                                                                               
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
    Galium californicum.......  El Dorado bedstraw............  U.S.A. (CA)       E                 NA                NA                NA              
        ssp. sierrae..........                                                                                                                          
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Sterculiaceae--Cacao family:                                                                                                                            
    Fremontodendron             Pine Hill flannelbush.........  U.S.A. (CA)       E                 NA                NA                NA              
     californicum.                                                                                                                                      
        ssp. decumbens........                                                                                                                          
                                                                                                                                                        
                                                                     * * * * * * *                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: April 4, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-9495 Filed 4-19-94; 8:45 am]
BILLING CODE 4310-55-P