[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11257]


[[Page Unknown]]

[Federal Register: May 10, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC52

 

Endangered and Threatened Wildlife and Plants; Proposed 
Threatened Status for Castilleja Levisecta (Golden Paintbrush)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list 
the plant Castilleja levisecta (golden paintbrush) as a threatened 
species pursuant to the Endangered Species Act of 1973, as amended 
(Act). This species once occurred from Oregon north to Vancouver Island 
in British Columbia, Canada. Only 10 disjunct populations of this plant 
now exist, in open grasslands ranging from south of Olympia, 
Washington, in Thurston County, north through the Puget Trough to 
southwest British Columbia, Canada. One of these populations may be 
extirpated. Threats to the species include competition with encroaching 
native and alien plant species, habitat modification through succession 
in the absence of fire, predation, and the reduced ability of small, 
isolated populations to recover from stochastic (random) events. Direct 
human-caused threats include development of habitat, possible damage 
associated with road maintenance, and catastrophic fire. This proposal, 
if made final, would implement the Federal protection and recovery 
provisions of the Act for this plant.

DATES: Comments from all interested parties must be received by July 
11, 1994. Public hearing requests must be received by June 24, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, Boise Field Office, U.S. Fish and 
Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho 83705. 
Comments and materials received will be available by appointment for 
public inspection during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Alison Beck Haas or Dr. Robert Parenti 
at the above address (208/334-1931).

SUPPLEMENTARY INFORMATION:

Background

    Castilleja levisecta (golden paintbrush) was first collected near 
Mill Plain, Washington, by Thomas Jefferson Howell in 1880 and was 
described by Jesse More Greenman in 1898 (Greenman 1898). A perennial 
herb of the snapdragon family (Scrophulariaceae), C. levisecta 
typically has 5 to 15 erect to spreading unbranched stems, reaches a 
height of 0.5 meter (m) (20 inches (in)), and is covered with soft, 
sticky hairs. The lower leaves are entire and narrowly pointed; the 
upper leaves are broader, usually with one to three pairs of short 
lateral lobes on the distal end. The flower, mostly hidden by the 
overlapping bracts, has a calyx 15 to 18 millimeters (mm) (0.6 to 0.7 
in) long and deeply cleft, and a corolla 20 to 23 mm (0.8 to 0.9 in) 
long, with a slender galea (concave upper lip) three to four times the 
length of the unpouched lower lip (Hitchcock and Cronquist 1978). It is 
distinguished from the other Castilleja species within its range by 
brilliant golden to yellow floral bracts. The plant flowers from April 
to June. When not flowering, the plant is inconspicuous. The species 
may be semi-parasitic like other members of the genus Castilleja, 
requiring a host plant for seedling development (Heckard 1962, Sheehan 
and Sprague 1984).
    The plant tends to grow in clumps. One genet (genetic individual) 
may consist of 1 to 15 ramets (stems), making the calculation of exact 
numbers of individual plants difficult. Also, a wide variability of 
numbers of ramets per plant among genets and sites exists. Determining 
the number of ramets that comprise an individual plant generally 
requires destroying the plant (Reid Schuller, Natural Area Scientist, 
Washington Department of Natural Resources, pers. comm., 1992). In 
addition, variation in census methods exists. Therefore, estimates of 
population densities are difficult.
    Western Oregon and Washington (and southern Vancouver Island) have 
a maritime climate, characterized by wet, mild winters and cool, 
relatively dry summers. Precipitation averages 800 to 1,350 mm (31 to 
53 in) in the Puget-Willamette Trough (Sheehan and Sprague 1984).
    The plant occurs in open grasslands at elevations below 100 m (328 
feet (ft)) around the periphery of the Puget Trough. Most populations 
occur on glacially derived soils, either gravelly glacial outwash or 
clayey glacio-lacustrine sediments (Sheehan and Sprague 1984). 
Associated species include Festuca idahoensis, Festuca rubra, Plantago 
lanceolata, Holcus lanatus, Achillea millefolium, Pteridium aquilinum, 
and several species of Vicia and Bromus (Sheehan and Sprague 1984). 
Frequent, low intensity fires can be important in maintaining habitat 
for some plant species. Historically, periodic fires in the Puget 
Trough were instrumental in maintaining native grassland habitat by 
limiting successional encroachment of trees and shrubs (Sheehan and 
Sprague 1984).
    Historically, Castilleja levisecta has been reported from over 30 
sites in the Puget Trough of Washington and British Columbia, and as 
far south as the Willamette Valley of Oregon (Sheehan and Sprague 
1984). In 1984, the Service conducted an assessment of the status of 
the species throughout its range. The plant was found to be extirpated 
from more than 20 historic sites (Sheehan and Sprague 1984). Many 
populations were found to be extirpated by conversion of habitat to 
agricultural, residential, and commercial development. In Oregon, C. 
levisecta historically occurred in the grasslands and prairie of the 
Willamette Valley; the species has been extirpated from all of these 
sites as the habitat has disappeared. The area around the type locality 
at Mill Plain, Washington, was converted to pasture and orchards some 
time after the plant was first collected there in 1880. Housing 
developments currently occupy the site (Sheehan and Sprague 1984).
    Castilleja levisecta is now known from 10 extant populations. Seven 
occur in Washington: one just south of Olympia in Thurston County, five 
on Whidbey Island in Island County, and one on San Juan Island in San 
Juan County. In British Columbia, Canada, three populations exist: two 
populations on islands off the southern coast of Vancouver Island and 
one in the city of Victoria, Vancouver Island.
    The southernmost population of Castilleja levisecta occurs at the 
Rocky Prairie site south of Olympia, Washington, in Thurston County. 
The site is owned by the Washington Department of Natural Resources and 
is designated as a Natural Area Preserve that is managed primarily for 
protection of C. levisecta and Aster curtus, and preservation of the 
remnant native grassland community (R. Schuller, pers. comm., 1991). In 
1983, the time of the last complete census, 15,000 plants were 
sporadically distributed throughout the 15-hectare (ha) (37-acre (ac)) 
site. A fire in 1985 eliminated the southernmost patch of C. levisecta, 
and the population was estimated to be about 7,000 plants in 1991 (R. 
Schuller, pers. comm., 1991). A population census at this burned area 
in 1993 revealed approximately 2,000 plants (Schuller, pers. comm., 
1994).
    Five populations are located on the north half of Whidbey Island, 
Island County, in Puget Sound. The largest of these occurs near Forbes 
Point on the west side of Crescent Harbor and is owned by the 
Department of Defense (Whidbey Island Naval Air Station). Navy 
personnel conducted a census of Castilleja levisecta in 1985 and 
counted more than 10,000 stems at the site (Clampitt 1985). The 
population was monitored in 1990, when it was estimated to be in the 
thousands, and again in 1991, when a reduction in density of about 25 
percent was observed. The site was mapped and measures about 20 by 60 m 
(66 by 197 ft) (Matt Klope, Whidbey Island Naval Air Station, pers. 
comm., 1992).
    A second population on Whidbey Island is located at Fort Casey 
State Park where approximately 120 plants occur on a 0.04 ha (0.10 ac) 
site (John Gamon, Botanist, Washington Natural Heritage Program, pers. 
comm., 1994). This State-owned historic site is managed as a park for 
recreational use (Ken Hagerman, Fort Casey State Park Manager, 
Washington Department of Parks, pers. comm., 1991).
    A third Whidbey Island population of Castilleja levisecta occurs on 
the Bocker Environmental Preserve. This population occurs on two sites: 
one is 60 by 150 m (197 by 492 ft) on the Preserve, and a second is 
adjacent to the Preserve in a 4-square m (43-square ft) area. In 1993, 
273 individuals existed (J. Gamon, pers. comm., 1994). The Preserve is 
owned by Seattle Pacific University and is used for environmental 
education courses (Keith Ludemann, Environmental Education Supervisor, 
Bocker Environmental Preserve, pers. comm., 1992).
    A fourth Whidbey Island population occurs at Ebey's Landing, where 
300 to 400 plants are found in a 10 by 30-m (33 by 98-ft) area (Sheehan 
and Sprague 1984). This site is privately owned.
    The fifth Whidbey Island population of Castilleja levisecta is 
located at West Beach, at a site approximately 0.66 ha (1.6 ac) in 
size. The property is privately owned and is adjacent to a county road. 
In 1991 it supported 10 to 20 plants (M. Klope, pers. comm., 1991), 
down from about 200 in 1984 (Sheehan and Sprague 1984). In a letter to 
the Island County engineer, a citizen reported that roadside 
maintenance activities by the county had resulted in the elimination of 
the population (Steve Erickson, Whidbey Environmental Action Network, 
in litt., 1991). Subsequent field inspection by Washington Natural 
Heritage Program staff confirmed that the population had been reduced 
to about five plants; however, the cause of the plant's decline at this 
site is unknown (Mark Sheehan, Washington Natural Heritage Program, in 
litt., 1992).
    The final U.S. population occurs on San Juan Island (San Juan 
County), and is located on a privately owned parcel near the Mar Vista 
Resort at False Bay. The site is approximately 4.3 by 3.0 m (14.1 by 
9.8 ft) in size, and is comprised of 20 to 25 plants (Mark Sheehan, 
pers. comm., 1991; Sheehan and Sprague 1984).
    Three extant populations of Castilleja levisecta occur near 
Victoria, British Columbia, Canada. One population is located on Alpha 
Islet, consisting of 200 to 300 plants, and is under the management of 
the Ministry of Parks. A second population, estimated at several 
thousand plants, in an area of about 2.3 ha (5.7 ac), is located on the 
Trial Islands and is currently managed by the Ministry of Parks as an 
Ecological Reserve. A third site consists of one clump (fewer than 10 
plants) and was known to occur at Beacon Hill Municipal Park within the 
city of Victoria (Adolf Ceska, Curator of Botany, Royal British 
Columbia Museum, pers. comm., 1991). The current status of the Beacon 
Hill population is unknown.
    Castilleja levisecta is threatened by habitat modification through 
succession of grassland to shrub and forest habitat, and low potential 
for expansion and refugia due to constriction of habitat. In addition, 
because the current distribution of the species has been greatly 
reduced from the historic distribution, the species is vulnerable to 
other threats such as collecting by recreational users, reduced vigor 
and reproductive potential due to predation, interspecific competition 
with native and exotic woody species, and a reduced ability to recover 
from catastrophic natural or human-caused events, such as catastrophic 
fire or accidental chemical spills from an adjacent highway and 
railroad. Two sites are vulnerable to potential residential or 
commercial development.

Previous Federal Action

    Federal action on this species began when the Service published a 
notice of review for plants on December 15, 1980 (45 FR 82480). In this 
notice, Castilleja levisecta was included as a category 1 candidate. 
Category 1 candidates are those species for which the Service has on 
file substantial information on biological vulnerability and threats to 
support preparation of listing proposals. Pending completion of updated 
status surveys, the status was changed to category 2 in the November 
28, 1983, supplement to the Notice of Review (45 FR 53640). Category 2 
candidates are those species for which information in possession of the 
Service indicates that proposing to list as endangered or threatened is 
possibly appropriate, but for which conclusive data on biological 
vulnerability and threat are not currently available to support a 
proposed rule. C. levisecta remained a category 2 candidate in the 
September 27, 1985, Notice of Review for plants (50 FR 39526). In the 
February 21, 1990, Notice of Review (55 FR 6184), C. levisecta was 
elevated to category 1 status, based on additional data collected by 
the Washington Natural Heritage Program. The species remained in 
category 1 in the September 30, 1993, Notice of Review for plants.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species 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. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1) of the Act. These factors and their application to 
Castilleja levisecta Greenman (golden paintbrush) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Historic loss of prairie/grassland habitat in the Puget Trough has 
reduced the range of Castilleja levisecta, and habitat loss continues 
to be the primary threat to remaining populations. Currently, 
encroachment by native and exotic woody species, as discussed in more 
detail under Factor E, is the primary cause of this habitat 
modification.
    Development for residential or commercial use is a potential threat 
at two of the privately owned sites, West Beach and False Bay. The 
False Bay site is adjacent to a resort that may be sold in the near 
future, which ultimately may lead to expansion (M. Sheehan, pers. 
comm., 1991). The West Beach site is surrounded by residences and may 
be developed in the future. Although no plans for development have been 
initiated so far at these sites, the habitat for these two populations 
remains vulnerable to threats due to the adjacency to areas that 
receive high human use, and to the potential for development on these 
privately owned commercial and residential sites.
    In recent history, fire suppression played a critical role in the 
reduction of grassland habitat in the Puget Trough and, therefore, in 
the reduction in numbers and sizes of Castilleja levisecta populations. 
A large, high intensity fire at any of the remaining sites where C. 
levisecta occurs could potentially eliminate populations, though the 
Service is unaware of permanent extirpations of this species due to 
fire. The ecology of the species should be studied further to determine 
the relationship between its habitat needs and fire, the effects of 
fire on reproductive viability, and the subsequent success of 
recruitment from outside burned areas.
    The Washington Department of Natural Resources is conducting some 
experimental burning, and the Navy has also expressed interest in 
conducting burns (R. Schuller, M. Klope, pers. comm., 1991). Fire is a 
potential tool for maintaining and expanding habitat, however, because 
Castilleja levisecta has been reduced to 10 disjunct populations, and 
the potential for recruitment from other populations is low. The use of 
fire must be carefully considered to avoid the potential for 
extirpations. Interspecific competition and the role of fire in 
maintaining C. levisecta habitat are overlapping factors (see Factor 
E).
    Loss of suitable habitat from either encroachment of woody species 
or development in the areas surrounding the disjunct populations 
prevents expansion of the species and affords no refugia in the case of 
catastrophic events that affect existing populations. Because the 
grassland habitat in the areas surrounding the existing populations has 
been lost, it is doubtful that the populations would expand naturally. 
Thus, the continued existence of Castilleja levisecta is threatened by 
the absence of available habitat for recruitment and colonization.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Castilleja levisecta has no known commercial use. Because of its 
showy golden-yellow bracts, recreational users may pick flowers at 
public sites. Fort Casey State Park, Bocker Environmental Preserve, 
Forbes Point, and Beacon Hill Municipal Park are sites of high levels 
of public use; collection and trampling are potential threats at these 
sites (see Factor E). For example, Fort Casey State Park receives a 
high amount of recreational use, and the potential for overcollection 
is considered a genuine threat. Visitor use has increased within the 
last decade, and park users have been observed picking the flowering 
plant at Fort Casey State Park (K. Hagerman, pers. comm., 1991). Once 
numbering over 500 plants (Hagerman, pers. comm., 1991), the Fort Casey 
State Park population had significantly declined to approximately 120 
individuals by 1993 (J. Gamon, pers. comm., 1994). Some taxa have 
become vulnerable to collection by curiosity seekers as a result of 
increased publicity following publication of a listing proposal.

C. Disease or Predation

    Disease is not known to be a factor threatening Castilleja 
levisecta. Populations may have been reduced from historical levels by 
grazing by livestock and browsing by rabbits (Sheehan and Sprague 
1984). Browsing of the tops of C. levisecta plants, probably by rabbits 
and/or deer, has been observed at the Bocker Environmental Preserve. 
The effect of that browsing is unknown, although presumably it could 
affect seed number and reproductive viability (K. Ludemann, pers. 
comm., 1991). Grazing by livestock and exotic feral rabbits also 
threatens the False Bay population (Sheehan and Sprague 1984). In 1990 
and 1991 at the Forbes Point site, Klope (pers. comm., 1991) observed 
heavy predation on herbaceous material and seeds by rodents. Signs of 
predation also were noted there in 1984 and 1985 (Clampitt 1985), which 
may be reducing the reproductive potential at that site.
    The Rocky Prairie Natural Area Preserve population of Castilleja 
levisecta has historically harbored a population of the Whulge 
checkerspot butterfly (Euphydryas editha taylori), a state sensitive 
species, which is a potential seed predator. Because C. levisecta is 
not a specific host and no individual butterflies were observed at the 
site in 1991, the threat is probably low at this time (Mark Sheehan, 
pers. comm., 1991). Though several species of caterpillar were known to 
prey on C. levisecta (Sheehan and Sprague 1984, Evans et al. 1984), 
they do not currently pose a threat (R. Schuller, pers. comm., 1991).
    Predation by native species is one of the natural pressures 
historically faced by Castilleja levisecta, but populations that have 
been reduced due to other factors are very vulnerable to decline and 
are less able to rebound after periods of heavy predation.

D. The Inadequacy of Existing Regulatory Mechanisms

    No legal mechanism for the protection of Castilleja levisecta or 
its habitat exists. The species is listed as endangered by the 
Washington Natural Heritage Program (Washington Natural Heritage 
Program 1990), and as a category R4 species (restricted distribution, 
large population) by the province of British Columbia (A. Ceska, pers. 
comm., 1991). Four sites are included among the Natural Heritage 
Program's Registry of Natural Areas (L. Smith, pers. comm., 1991). The 
Rocky Prairie site was acquired by the Washington Department of Natural 
Resources for the purpose of protection of C. levisecta and Aster 
curtus, a Federal category 2 candidate (R. Schuller, pers. comm., 
1991). All of these designations are important because they recognize 
the sensitive status of the species and encourage land managers and 
agencies to consider the species in management plans; however, they 
provide no protection under the law. Therefore, changing land 
management priorities or inadequate funding for protection could leave 
the species vulnerable at many of the sites.
    Except for the Rocky Prairie Natural Area Preserve population, all 
publicly owned Castilleja levisecta populations are managed for 
purposes other than plant preservation. Thus, when conflicts between 
those purposes and management of the species arise, the primary 
function likely will take priority.
    The Rocky Prairie Natural Area Preserve population has the highest 
level of protection of the 10 sites. Existing on State-owned property 
actively managed for plant conservation, this is the only site with 
known efforts to eliminate non-native species, including prescribed 
burning and hand removal of invasive plants. Efforts by the Washington 
Department of Natural Resources to eliminate the invasive Cytisus 
scoparius at this site are voluntary, and not based in governmental 
statutory requirements; hence, State regulatory protection is not 
ensured. The long-term viability of the population continues to face 
threats from invasion of woody species and potentially catastrophic 
events, such as accidental spills from the nearby highway and railroad 
or large, high intensity fires.
    The Fort Casey population is also on publicly -owned land, the Fort 
Casey State Park. Although present managers are employing limited 
protective measures, the plant is vulnerable to picking (see Factor B) 
and stochastic events due to the population's small size.
    The Forbes Point population occurs on Federal land, on Whidbey 
Island Naval Air Station. The Department of Defense is currently 
participating in the Washington Registry of Natural Areas Program. A 
Navy staff biologist has undertaken measures to evaluate the 
population's status. Efforts have also been made to eradicate some 
invasive alien species. However, funding for more aggressive means of 
protecting the plant, such as fencing to preclude rodent predation and 
human trampling, has not been available. Signs have been erected 
designating the site as a research area, but there is no enforcement 
against public use of this site, which receives considerable foot 
traffic associated with a popular beach area nearby (M. Klope, pers. 
comm., 1991).
    The populations of Castilleja levisecta at Ebey's Landing and the 
Bocker Environmental Preserve are also listed on the Washington 
Registry of Natural Areas. Ebey's Landing is on private property 
surrounded by the Ebey's Island Historic Reserve. The Bocker 
Environmental Preserve, owned by Seattle Pacific University, is 
currently managed as a natural area used for education purposes, and no 
active management to retain grassland habitat exists. Although C. 
levisecta is considered in the current management of the Historic 
Reserve, the area is not managed specifically for the plant, and the 
population is threatened by predation and invasion of woody species. 
The West Beach and False Bay populations of the species are on private 
property and receive no legal protection.
    The Castilleja levisecta populations in Canada also receive no 
regulatory protection. Legislation to protect endangered species has 
been proposed to the British Columbia government, but currently no 
Federal or Provincial law protects sensitive species. Trial Islands, 
offshore from the city of Victoria, is designated as an Ecological 
Reserve by the British Columbia Ministry of Parks. The small population 
at Alpha Islet also is located within a designated Ecological Reserve. 
However, this designation does not require specific management 
recommendations for the plant. Because this designation is an 
administrative one, it could potentially be reversed by administrative 
decision, and the site could be used for other purposes (M. Sheehan, 
pers. comm., 1990).
    The third Canada population of Castilleja levisecta, at Beacon Hill 
Municipal Park, is unprotected. The population consists of fewer than 
10 plants and occurs in a portion of the park that receives heavy 
recreational use (A. Ceska, pers. comm., 1991).
    In summary, no comprehensive management plan exists for Castilleja 
levisecta, and protection and recovery efforts have not been 
coordinated among population sites. Therefore, regulatory mechanisms 
are not adequate to ensure the continued existence of this species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Grassland habitat has historically been maintained by periodic 
fires that prevented encroachment of woody plant species (Sheehan and 
Sprague 1984). Fire suppression in recent years has led to invasion of 
grasslands by native species such as Pseudotsuga menziesii, Rosa sp., 
and Berberis aquifolim. Encroachment by non-native species such as 
Cytisus scoparius and Hiracium pilosella also occurs. These species are 
naturally invasive and tend to become the dominant species in areas 
where they occur, competing with Castilleja levisecta for space and 
nutrients.
    Interspecific competition is a serious threat to the continued 
existence of Castilleja levisecta. Loss of grassland habitat due to 
invasion of woody species threatens the plant at the Rocky Prairie 
Natural Area Preserve (R. Schuller, pers. comm., 1991), Bocker 
Environmental Preserve (K. Ludemann, pers. comm., 1991), Ebey's Landing 
(Jim Larson, Chief, Division of Natural Resources, National Park 
Service, pers. comm., 1991), West Beach (Laura Smith, Associate State 
Director, The Nature Conservancy, pers. comm., 1991), and Forbes Point 
(M. Klope, pers. comm., 1991) sites. C. levisecta cannot survive under 
a closed canopy, and species such as Pseudotsuga menziesii, Rosa sp., 
Berberis aquifolim, and the non-native Cytisus scoparius overtop 
Castilleja levisecta. Those species may also outcompete C. levisecta 
for root space and nutrients (Sheehan and Sprague 1984). The species 
appears to be unable to compete successfully against species that tend 
toward monoculture (J. Gamon, pers. comm., 1990).
    Control of invasive species and the prevention of conversion of 
habitat is difficult. Some efforts have been made to remove 
interspecific competitors mechanically or by hand at the population 
sites of Castilleja levisecta. However, the practice is expensive, 
labor intensive, and dependent upon volunteer workers and discretionary 
efforts by land managers (Sheehan and Sprague 1984; R. Schuller, K. 
Hagerman, and M. Klope, pers. comm., 1991). At the Rocky Prairie 
Natural Area Preserve site, volunteers associated with The Nature 
Conservancy and the Washington Department of Natural Resources have 
made efforts to control Cytisus scoparius, but it still remains a 
threat.
    The Castilleja levisecta habitat at four of the Whidbey Island 
population sites (Fort Casey State Park, Forbes Point, Bocker 
Environmental Preserve, and West Beach) are also threatened with the 
succession of tree and shrub communities. If left unchecked, 
encroachment of Rosa sp. will soon eliminate the population at the West 
Beach site (L. Smith, pers. comm., 1991). Clampitt (1985) noted the 
encroachment of several other aggressive plants, specifically Rubus sp. 
(blackberry), Vicia sp. (vetch) and Trifolium sp. (clover) onto C. 
levisecta habitat at Forbes Point. Invasive shrubs are succeeding in 
competition with C. levisecta at the Bocker Environmental Preserve 
site. Numbering over 1,200 individuals in 1984, by 1993 the population 
had declined significantly to 273 individuals (J. Gamon, pers. comm., 
1994).
    In 1985, approximately 10 percent of the Castilleja levisecta 
population at the Rocky Prairie Natural Area Preserve site was burned 
when a prairie fire was started by sparks from an adjacent railroad 
line. Abundance of C. levisecta at the burned site was initially 
reduced by about 85 percent within the burned area. Monitoring in 
subsequent years has shown a slow recovery of numbers; in 1991 the 
population was up to about 50 percent of its pre-fire density. 
Experimental burning has since been used at that site to study the 
effects of fire on C. levisecta, which is ongoing with no conclusive 
results as yet (R. Schuller, pers. comm., 1991). While fire may 
temporarily reduce the abundance of C. levisecta, it may also promote 
the plant over time by maintaining open prairie habitat that would 
otherwise become shrub and forest lands through natural succession.
    Trampling by recreationists threatens the plant at several 
locations. The few plants that occur at the Beacon Hill Municipal Park 
site in Victoria are located in a heavily used area of the park. A 
cross country ski event in 1991 apparently damaged the existing clump 
of plants (A. Ceska, pers. comm., 1991). The Forbes Point site on 
Whidbey Island is accessible to the public; clam diggers have been 
observed walking through the Castilleja levisecta site (M. Klope, pers. 
comm., 1991).
    The isolation and small sizes of Castilleja levisecta populations 
make the species vulnerable to extirpation from stochastic (i.e., 
random) events. Because of the disjunct distribution of the plant, 
recolonization of a population following a catastrophic elimination is 
unlikely. Genetic variability is also reduced in small, isolated 
populations, and the chances of adapting to environmental change is 
less likely.
    Adjacent land use activities also threaten the species' survival. 
Conversion of surrounding habitat to later successional stages and 
conversion to development eliminate refugia, and limit the ability of 
Castilleja levisecta to recolonize areas beyond the existing sites. 
Threats from a railroad line, a highway, and a residential area 
bordering the Rocky Prairie site include catastrophic fire and chemical 
spills. Digging by domestic dogs from nearby subdivisions has destroyed 
habitat within the enclosure at Rocky Prairie (R. Schuller, pers. 
comm., 1991). Road maintenance adjacent to the West Beach site may have 
destroyed that population (S. Erickson, in litt., 1991).
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list 
Castilleja levisecta as threatened. Threats to C. levisecta include 
habitat destruction and modification through succession of prairie and 
grassland habitats to shrub and forest lands; development of property 
for industrial, residential and agricultural use; low potential for 
expansion and refugia due to constriction of habitat; recreational 
picking; predation; absence of legal mandates for protection of the 
plant or its habitat; interspecific competition with native and exotic 
woody species; and stochastic events due to the small size of the 
populations and limited number of individuals.
    Because many of the sites are designated as preserves or afforded 
some level of protection through current management efforts, the 
species is not currently in danger of extinction. However, because the 
species' distribution is much reduced from historic records, and the 
current sites face threats from the factors listed above, Castilleja 
levisecta is likely to become endangered within the foreseeable future 
throughout all or a significant portion of its range. The species 
therefore fits the definition of threatened as defined by the Act. 
Critical habitat is not being proposed for this species for reasons 
discussed in the Critical Habitat section of this rule.

Critical Habitat

    Section 4(a)(3) of the Act, as amended, requires that, to the 
maximum extent prudent and determinable, the Secretary designate 
critical habitat concurrently with determining a species to be 
endangered or threatened. The Service finds that designation of 
critical habitat is not prudent for this species. Such a determination 
would result in no known benefit to Castilleja levisecta. As discussed 
above under Factor B in the Summary of Factors Affecting the Species, 
C. levisecta is vulnerable to taking. Publication of precise maps and 
critical habitat descriptions in the Federal Register would be likely 
to increase the degree of threats from taking and vandalism, and would 
increase enforcement problems. All involved parties and landowners have 
been notified of the importance of the species' habitat. Protection of 
its habitat will be addressed through the recovery and section 7 
consultation processes. Therefore, the Service finds that designation 
of critical habitat for C. levisecta is not prudent at this time, 
because a designation would increase the degree of threat from 
vandalism, collecting, and other human activities, and because it is 
unlikely to aid in the conservation of this species.

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. Recovery efforts encourage communication and 
cooperative efforts among various land managers and owners. The Act 
provides for possible land acquisition and cooperation with the State 
and requires that recovery actions be carried out for all listed 
species. That would encourage protection and recovery efforts at Rocky 
Prairie Natural Area Preserve and Fort Casey State Park, sites owned by 
the State of Washington. The protection required by Federal agencies 
and prohibitions against certain activities involving listed plants are 
discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is 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 informally 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 subsequently listed, 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 a listed 
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. The population of Castilleja levisecta at Forbes Point occurs 
on Federal land at Whidbey Island Naval Air Station. Any Federal 
actions there would be subject to section 7 requirements.
    The Act and implementing regulations found at 50 CFR 17.71 and 
17.72 set forth a series of general prohibitions and exceptions that 
apply to all threatened plants. With respect to Castilleja levisecta, 
all trade prohibitions of section 9(a)(2) of the Act, implemented by 50 
CFR 17.61, would apply. These prohibitions, in part, make it illegal 
with respect to any endangered or threatened plant for any person 
subject to the jurisdiction of the United States to import or export; 
transport in interstate or foreign commerce in the course of a 
commercial activity; sell or offer for sale this species in interstate 
or foreign commerce; remove and reduce to possession the 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 endangered or threatened plant 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 species are exempt from 
these prohibitions provided that a statement of ``cultivated origin'' 
appears on their containers. Certain exceptions apply to agents of the 
Service and State conservation agencies. The Act and 50 CFR 17.62 and 
17.63 also provide for the issuance of permits to carry out otherwise 
prohibited activities involving endangered and threatened plant species 
under certain circumstances. It is anticipated that few trade permits 
would ever be sought or issued because the species is not common in 
cultivation or in the wild. Requests for copies of the regulations on 
plants and inquiries regarding them may be addressed to the Office of 
Management Authority, U.S. Fish and Wildlife Service, 4401 North 
Fairfax Drive, Room 420C, Arlington, Virginia 22203-3507 (703/358-
2104).

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 this species;
    (2) The location of any additional populations of this species and 
the reasons why any habitat of this species should or should not be 
determined to be critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of this species; and
    (4) Current or planned activities and their possible impacts on 
this species.
    The 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 Endangered Species 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 sent to the Field Supervisor, 
Boise 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 Endangered 
Species 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

Clampitt, C. 1985. Report: Census of Castilleja levisecta population 
at Forbes Point. Prepared for L. Smith, The Nature Conservancy, 
Washington Field Office, Seattle, Washington. 4pp.
Evans, S., R. Schuller, and E. Augenstein. 1984. A report on 
Castilleja levisecta Greenman at Rocky Prairie, Thurston County, 
Washington. Unpubl. Report to The Nature Conservancy, Washington 
Field Office, Seattle, Washington. 56pp.
Greenman, J.M. 1898. Some new and other noteworthy plants of the 
Pacific Northwest. Bot. Gaz. 25:261-269.
Heckard, L.R. 1962. Root parasitism in Castilleja. Bot. Gaz. 124:21-
29.
Hitchcock, C.L., and A. Cronquist. 1978. Flora of the Pacific 
Northwest. Univ. of Washington Press, Seattle.
Sheehan, M., and N. Sprague. 1984. Report on the status of 
Castilleja levisecta. Unpubl. Report submitted to the U.S. Fish and 
Wildlife Service, Portland, Oregon. 82pp.
Washington Natural Heritage Program. 1990. Endangered, threatened 
and sensitive vascular plants of Washington. Department of Natural 
Resources, Olympia. Second printing. 52pp.

Authors

    The primary author of this proposed rule is Alison Beck Haas, Boise 
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 Regulation 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 family Scrophulariaceae, to the List of 
Endangered and Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                 Species                                                                                        
-------------------------------------------    Historic range      Status    When listed    Critical    Special 
   Scientific name         Common name                                                      habitat      rules  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Scrophulariaceae--Sn                                                                                            
 apdragon family:                                                                                               
                                                                                                                
                                                  * * * * * * *                                                 
    Castilleja        Golden paintbrush...  U.S.A. (WA, OR),     T           ...........           NA         NA
     levisecta.                              Canada (B.C.).                                                     
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: April 25, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-11257 Filed 5-9-94; 8:45 am]
BILLING CODE 4310-55-P