[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24492]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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


DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AC 98

 

Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for the Plant Lessingia Germanorum (San Francisco 
Lessingia) and Threatened Status for the Plant Arctostaphylos Imbricata 
(San Bruno Mountain manzanita) From 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 Lessingia germanorum (San Francisco lessingia), and 
threatened status for Arctostaphylos imbricata (San Bruno Mountain 
manzanita), two plants from the San Francisco peninsula of California. 
Lessingia germanorum occurs in central dune scrub, and is known from 
five sites on the Presidio in San Francisco County, and one site on San 
Bruno Mountain in San Mateo County, California. This taxon has been 
affected by and is endangered by competition with invasive alien 
vegetation, residential and commercial development, sand quarrying, 
increased pedestrian traffic and recreational activities, inadequate 
regulatory mechanisms, bulldozing, shading by native and non-native 
vegetation, incidental use of fertilizers, and other anthropogenic 
activities. Arctostaphylos imbricata occurs in coastal scrub habitat, 
and is only known from five small populations on San Bruno Mountain in 
San Mateo County; this plant has been affected by and is vulnerable to 
changes in fire frequency. This taxon is also threatened by collection, 
as it is used horticulturally as an ornamental plant. Because of the 
limited number of extant individuals of A. imbricata and L. germanorum 
and their severely restricted distribution, they also are subject to an 
increased likelihood of extinction from stochastic events. 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 
December 5, 1994. Public hearing requests must be received by November 
18, 1994.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, 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 (see ADDRESSES section) 
at 916/978-5805.

SUPPLEMENTARY INFORMATION:

Background

    Lessingia germanorum (San Francisco lessingia) and Arctostaphylos 
imbricata (San Bruno Mountain manzanita) are endemic to the northern 
San Francisco peninsula in California. Lessingia germanorum is found 
within the central dune scrub community. Arctostaphylos imbricata is a 
component of the coastal scrub community.
    The natural communities of the northern San Francisco peninsula 
have undergone a number of changes as a result of human-caused 
activities. The northern part of the San Francisco peninsula is highly 
urbanized. By 1984, over 90 percent of the northern peninsula's natural 
habitat had been disturbed or eliminated (Orsak and Schooley 1984). 
Urbanization has eliminated Lessingia germanorum from part of its 
range, and intensive commercial and residential development are 
ongoing. San Bruno Mountain was the last large parcel of open space in 
the northern San Francisco peninsula, and pursuant to section 
10(a)(1)(B) of the Act, was the site of the United States' first 
habitat conservation plan after a decade-long land use battle (Bean et 
al. 1991). Urban development also has fragmented the remaining habitats 
for these plants. Habitat fragmentation increases the risks of 
extinction due to chance events such as pest or disease outbreaks, 
reproductive failure (which is possibly devastating to annual plants), 
or other natural or human-caused disasters. Other anthropogenic 
activities such as sand quarrying, increased pedestrian traffic and 
recreational activities, change in fire frequency, bulldozing, or the 
incidental use of fertilizers, also variously threaten the remaining 
occurrences of these plants.

Discussion of the Two Species Proposed for Listing

    Adelbert von Chamisso first collected Lessingia germanorum in 1816 
on the sand hills of San Francisco, California (Howell 1929). Chamisso 
described L. germanorum in 1829 and named it in honor of the Lessings, 
a German family of scientists and authors. John Thomas Howell (1929) 
recognized 11 varieties of L. germanorum. According to the rules for 
botanical nomenclature, when a new subspecies is described in a species 
not previously divided into infraspecific taxa, an autonym (an 
automatically created name) is created (i.e. Lessingia germanorum var. 
germanorum). Howell distinguished L. germanorum var. germanorum from 
the other varieties by the presence of few glands and by the absence of 
either odorous or bitter glandular secretions. Other treatments (Ferris 
1959, Munz and Keck 1968) also recognized varieties of L. germanorum. 
Currently L. germanorum is recognized as a distinct species (Lane 
1993).
    Lessingia germanorum is a slender annual of the aster family 
(Asteraceae) with diffusely branched stems 10 to 30 centimeters (cm) (4 
to 12 inches (in)) high. The herbage and stems are glandless and 
covered with grayish, loosely interwoven hairs. Tubular lemon yellow 
disc flowers with a brownish or purplish band are clustered into heads 
that are solitary at the end of branchlets. The seeds, which are 
attached to a crown of hairlike bristles, are light and easily carried 
by the wind. Lessingia germanorum typically flowers between August and 
November.
    Historically, Lessingia germanorum occurred within the coastal dune 
scrub community throughout the San Francisco peninsula. Currently L. 
germanorum is restricted to the Presidio area of the San Francisco 
peninsula, and one occurrence near the base of San Bruno Mountain. L. 
germanorum grows on remnant sand dunes and sand terraces in open areas 
with blowing sand (Susan Smith, Yerba Buena Chapter, California Native 
Plant Society, pers. comm., 1992), at an elevational range between 24 
to 91 meters (m) (80 to 300 feet (ft)). It is associated with 
Chorizanthe cuspidata, Lotus scoparius, and Lupinus arboreous (or 
Lupinus chamissonis). Five small populations, four natural and one 
introduced, occur within the Presidio in San Francisco County. One of 
the populations on the Presidio was established after approximately 10 
cubic yards of sand was removed from the site of another population for 
use on the base golf course. In 1989, an additional population was 
discovered on San Bruno Mountain in northern San Mateo County. 
Collectively, the populations inhabit less than 0.8 hectares (2 acres) 
(Terri Thomas, Golden Gate National Recreation Area, pers. comm., 1993; 
Paul Reeberg, National Park Service, pers. comm., 1993). Population 
numbers for L. germanorum vary from year to year, but from 1980 to 1989 
the total on the Presidio was less than 1,500 individuals per year 
(California Department of Fish and Game (CDFG) 1989). The population on 
San Bruno Mountain is estimated to have 1,600 to 1,800 individuals 
(Paul Reeberg, pers. comm., 1993). The five small populations within 
the Presidio have been managed by the Department of Defense but will be 
transferred to the National Park Service effective October 1, 1994. The 
population on San Bruno Mountain is jointly owned by Daly City and a 
private landowner (Annemarie Quevedo, Assistant Planner for Daly City, 
in litt., 1992).
    The populations on the Presidio are threatened by competition with 
invasive alien vegetation, shading from native and introduced shrubs 
and trees, foot traffic, sand quarrying, bulldozing, and other 
anthropogenic activities (CDFG 1989; California Natural Diversity 
Database (CNDDB) 1992; Susan Smith, pers. comm., 1992; Paul Reeberg, 
pers. comm., 1993; Terri Thomas, pers. comm., 1993). The population 
located on San Bruno Mountain is threatened by urbanization, trampling, 
competition from invasive alien vegetation, and bulldozing (Thomas Reid 
Associates, in litt, 1991; Susan Smith, pers. comm., 1992; Paul 
Reeberg, pers comm., 1993). Both the Presidio and San Bruno Mountain 
populations are threatened by stochastic environmental events.
    Alice Eastwood (1931) originally described Arctostaphylos imbricata 
in 1931, based on material collected from the San Bruno Hills in 1915. 
Until 1967, various authors either synonymized A. imbricata with A. 
andersonii (Jepson 1939), or considered it to be a variety of A. 
andersonii (Adams in McMinn 1935). James Roof followed Eastwood's 
treatment and acknowledged A. imbricata as a distinct species (Roof 
1967). Philip Wells (1988) subsumed A. montariensis as a subspecies of 
A. imbricata, necessitating the creation of an autonym as discussed 
above (i.e., A. imbricata ssp. imbricata). He since has recognized A. 
imbricata as a distinct species in his 1993 treatment of California 
Arctostaphylos (Wells 1993).
    Arctostaphylos imbricata is a low spreading evergreen shrub of the 
heath family (Ericaceae) that lacks a basal burl. Attaining a height of 
20 cm (8 in), this highly branched shrub forms mats that are up to 
about 6 meters (m) (6 yards (yd)) in diameter. The bright green oblong 
to ovate leaves are hairless, except on the midrib, and densely 
overlapping. Small white urn-shaped flowers appearing from February to 
May are densely clustered at the end of branchlets. After fire, A. 
imbricata regenerates from seed instead of resprouting from a basal 
burl. A. imbricata can be distinguished from its congeners by its 
prostrate habit and its shorter, densely arranged leaves and compact 
flower clusters (Roof 1967).
    Arctostaphylos imbricata is restricted to San Bruno Mountain in 
northern San Mateo County. On San Bruno Mountain, five small 
occurrences cover approximately 80 hectares (33 acres) (Paul Reeberg, 
in litt., 1993). The most abundant population has 400 to 500 plants; 
other populations have as few as 15 plants (Roman Gankin, San Mateo 
County Planning Department, pers. comm., 1993). The plant grows in 
rocky exposed areas such as open ridges within coastal scrub or 
manzanita scrub at an elevation range of 275 to 365 m (900 to 1,200 
ft). Where it occurs, it is the dominant plant species, and may be 
associated with Baccharis pilularis (coyote brush), Vaccinium ovatum 
(huckleberry), Rhamnus californica (coffeeberry), and Arctostaphylos 
uva-ursi var. suborbiculata (bearberry). A. imbricata has never been 
known from more than the five populations that occur today. Four of the 
five populations occur on land owned by San Mateo County Parks and 
Recreation; the fifth population is privately owned (Thomas Reid 
Associates 1991). The proximity of this plant on San Bruno Mountain to 
human population centers and intensive development activities renders 
A. imbricata vulnerable to change in the frequency of fires (i.e., as a 
result of a fire suppression policy), which are needed for the plants 
to reproduce sexually. Its highly restricted distribution increases its 
susceptibility to catastrophic events such as disease or pest outbreak, 
severe drought, or other natural or human-caused disasters.

Previous Federal Action

    Federal government actions on the two plants began on June 16, 
1976, when the Service published a proposal in the Federal Register (41 
FR 24523) to determine approximately 1,700 vascular plant species to be 
endangered 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. 
Arctostaphylos imbricata was included in the June 16, 1976, Federal 
Register document.
    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 Arctostaphylos 
imbricata and Lessingia germanorum (as Lessingia germanorum var. 
germanorum) as category 1 candidates for Federal listing. 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. On November 28, 1983, the Service 
published in the Federal Register a supplement to the Notice of Review 
(48 FR 53640). This supplement changed L. germanorum var. germanorum 
from a category 1 to a category 2 candidate. 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.
    The plant notice was revised again on September 27, 1985 (50 FR 
39526). Arctostaphylos imbricata and Lessingia germanorum var. 
germanorum were included as category 1 candidates. Both species 
retained category 1 status in the most recent revision of the plant 
notice published on February 21, 1990 (55 FR 6184).
    Mr. Brian O'Neill, General Superintendent of the Golden Gate 
National Recreation Area, petitioned the Service to emergency list 
Lessingia germanorum as an endangered species on May 28, 1991.
    Although the Service did not emergency list Lessingia germanorum, 
it did publish a 90-day finding in the Federal Register on August 19, 
1992 (57 FR 37513) that substantial information had been presented 
indicating that listing may be warranted. Section 4(b)(3)(B) of the Act 
requires the Secretary to make findings on petitions found to present 
substantial information indicating that the petitioned action may be 
warranted within 12 months of their receipt. The Service has conducted 
a status review and determined that the petitioned action is warranted. 
Publication of this proposed rule 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 
threatened and endangered 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 
Lessingia germanorum Cham. (San Francisco lessingia) and Arctostaphylos 
imbricata Eastw. (San Bruno Mountain manzanita) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Threats facing the habitat of 
these plants include being threatened, eliminated, or adversely 
modified by one or more of the following: urbanization, change in fire 
frequency, competition with invasive alien vegetation, sand quarrying, 
off-road vehicles, bulldozing, foot traffic, and bicycle use.
    The natural habitat of the San Francisco peninsula already has been 
severely curtailed due to urbanization. Historically, suitable 
Lessingia germanorum habitat has decreased by 90 percent since European 
settlement (CDFG 1990). Urban development extirpated populations of L. 
germanorum at Lone Mountain and Lake Merced (both in the City of San 
Francisco) (CNDDB 1992). Historical populations of L. germanorum at 
Mountain View Lake and Ocean View Downs also have been extirpated, 
presumably due to urban development and competition with invasive alien 
vegetation (CDFG 1989). On San Bruno Mountain, approximately 4 hectares 
(10 acres) of potential habitat remains for L. germanorum (Paul 
Reeberg, pers. comm., 1993). Although it is unlikely that any 
additional significant populations will be located in this area, the 
area may be important for reintroduction efforts. Most of the central 
dune scrub on San Bruno Mountain has been covered by ``homes, 
cemeteries, a flower farm, and the Colma Dump'' (McClintock et al. 
1990).
    Urban development potentially threatens the population of Lessingia 
germanorum that occurs on San Bruno Mountain in San Mateo County 
outside the boundary for the San Bruno Mountain HCP (Paul Reeberg, 
pers. comm., 1993) (for a discussion of the HCP, see Factor D). A 
project has been approved for the construction of seven additional 
dwellings within a few hundred yards of the San Bruno population 
(Annemarie Quevedo, pers. comm., 1993). Activities associated with this 
development, such as trampling, would adversely affect this population.
    Fragmentation of the coastal scrub dune community caused by past 
urban development also threatens this species. Habitat fragmentation 
has two primary effects. First, habitat fragmentation may alter the 
physical environment, changing the amount of incoming solar radiation, 
water, wind, or nutrients where the remnant vegetation occurs (Saunders 
et al. 1991). Second, when populations are fragmented into smaller, 
isolated units, risks of extinction due to chance events increases (see 
Factor E).
    The habitat of Lessingia germanorum has been altered by the 
introduction of non-native vegetation. L. germanorum requires blowing 
sand and non-compacted soils. Off-road vehicle use, foot and bicycle 
traffic, and trampling by joggers compacts the soil and promotes the 
establishment of invasive alien vegetation (CDFG 1989; Susan Smith, 
pers. comm., 1992). All populations of L. germanorum are threatened by 
competition with aggressive alien plant species. Carpobrotus sp. (ice 
plant) covers extensive dune areas on the Presidio, stabilizing the 
dune system where it occurs. L. germanorum in contrast, requires some 
dune movement, which results in areas of exposed sand (CDFG 1989). Ice 
plant competes with L. germanorum at all five occurrences on the 
Presidio. In addition to ice plant, other alien plants competing with 
L. germanorum, include Bromus diandrus, Avena barbata, Rumex sp., 
Raphanus sp., and Sonchus sp. (Susan Smith, pers. comm., 1992). On San 
Bruno Mountain Cortaderia sp. (pampas grass) encroachment is a severe 
threat. CDFG reported that ``without special protection and management, 
San Francisco lessingia will continue its declining trend'' (CDFG 
1992). Currently the populations of L. germanorum are being weeded by 
volunteers from the California Native Plant Society (CNPS). Without 
their assistance, L. germanorum would be outcompeted by the invasive 
alien vegetation.
    The habitat of Lessingia germanorum also has been modified at one 
site by tree planting. Native and introduced shrubs and trees, 
including Pinus radiata, were planted at the Presidio in the late 
1800's. These trees alter the habitat of L. germanorum by increasing 
the amount of shade (CDFG 1989; CNDDB 1992; Susan Smith, pers. comm., 
1992), which adversely affects L. germanorum.
    Bulldozing and sand quarrying activities have adversely affected 
Lessingia germanorum. Bulldozing to stabilize a slope on San Bruno 
Mountain destroyed about one-eighth of the L. germanorum population 
(Paul Reeberg, pers. comm., 1993; Thomas Reid Associates, in litt., 
1991). In January 1989, most of the habitat for one population of L. 
germanorum on the Presidio was destroyed when sand was removed to 
repair a tee on the base golf course (CDFG 1990). Sand quarrying is an 
on-going threat at this site; any sand quarrying activities that may 
occur in the future would negatively impact this species.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization currently is not known to be a 
factor for Lessingia germanorum. Overutilization is potentially a 
threat to Arctostaphylos imbricata, which is used horticulturally as an 
ornamental plant. Two years ago, cuttings were made from plants located 
at Kamchatka Point on San Bruno Mountain. The remnant portions of the 
plants indicated that the clippings were performed with horticultural 
expertise (Doug Heisinger, Park Ranger, San Mateo County Park, pers. 
comm., 1993). Some A. imbricata being sold at local plant sales may 
originate from clippings from the natural populations (Paul Reeberg, 
pers. comm., 1993). Unrestricted collecting for scientific or 
horticultural purposes or excessive visits by groups or individuals 
interested in seeing rare plants could potentially result from 
increased publicity following publication of a proposed rule to list 
these species.
    C. Disease or predation. There are no known disease or predation 
threats to Lessingia germanorum or Arctostaphylos imbricata at this 
time.
    D. The inadequacy of existing regulatory mechanisms. The State of 
California Fish and Game Commission has listed Arctostaphylos imbricata 
and Lessingia germanorum as 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). 
Listing by the State of California requires individuals to obtain a 
memorandum of understanding with the CDFG to possess or ``take'' a 
listed species. Though both the California Endangered Species Act and 
the California Native Plant Protection Act prohibit the ``take'' of 
State-listed plants (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. After CDFG notifies a 
landowner that a State-listed plant grows on his or her property, State 
law only requires that the land owner 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).
    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 but are not so listed 
are given the same protection as those species that are officially 
listed with the State or Federal governments. 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. Protection of listed species through 
CEQA is, therefore, dependant upon the discretion of the lead agency.
    CEQA pertains to projects that occur on lands other than Federal 
land. The National Environmental Policy Act (NEPA) requires disclosure 
of the environmental effects of projects on Federal lands. Certain 
actions can be categorically excluded from the NEPA process when (a) 
the action or group of actions would have no significant effect on the 
quality of the human environment, and (b) the actions or group of 
actions would not involve unresolved conflicts concerning alternative 
uses of available resources. Exceptions to the categorical exclusions 
exist. One of these exceptions is when the action would affect a 
species listed or proposed to be listed on the List of Endangered or 
Threatened Species. Until a species is federally listed or proposed, 
this exception to the categorical exclusion would not be applied 
regardless of the State listing status.
    A Memorandum of Understanding was established in 1987 between the 
Service, the National Park Service, Department of Defense, and CDFG for 
the purposes of mutual cooperation for management of sensitive native 
plant communities on the Presidio. However, Lessingia germanorum is not 
specifically addressed in the document (CDFG 1989). Sand quarrying and 
other activities that were endangering it have not been prevented and 
continue to threaten the species with extinction.
    Arctostaphylos imbricata currently derives limited protection from 
the San Bruno Mountain Habitat Conservation Plan (HCP). An HCP, 
pursuant to sections 10(a)(1)(B) and 10(a)(2)(A) of the Act, is 
required for the Service to issue a permit for incidental take of a 
federally listed species of wildlife when such taking is incidental to, 
and not the primary purpose of, an otherwise lawful activity. HCPs are 
the mechanism through which incidental take of federally listed animals 
can be permitted for non-Federal actions. Future actions that are part 
of the permit are subject to review under section 7 of the Act.
    The San Bruno Mountain HCP, developed in 1983 for three listed 
animals, also identified several candidate species in the area of 
concern, including Arctostaphylos imbricata. However, no species-
specific management actions for A. imbricata are identified in the HCP, 
and none have been implemented. The protection to this plant afforded 
by the HCP may, therefore, be inadequate to insure its long-term 
survival.
    E. Other natural or manmade factors affecting its continued 
existence. As discussed in Factor A, off-road vehicle use, foot and 
bicycle traffic, and trampling by joggers degrade the habitat of 
Lessingia germanorum. These activities also directly destroy individual 
plants. A bike path runs through the middle of one of the populations 
of L. germanorum (CNDDB 1992). Hiking trails occur adjacent to three 
populations (Terri Thomas, pers. comm., 1993).
    All Presidio populations of Lessingia germanorum are subject to 
occasional unauthorized vehicle use. This disturbance directly destroys 
the plants and encourages establishment of invasive alien vegetation. 
Weedy species tend to colonize the tracks left by the vehicles (Susan 
Smith, pers. comm., 1992). An environmental education camp exists near 
the location of one population of L. germanorum. No signs or fences 
currently protect this site. These plants are vulnerable to habitat 
degradation from trampling due to their proximity to the camp.
    When the ownership of the Presidio is transferred from the 
Department of the Army to the National Park Service, a marked increase 
in visitation by the public is expected (Terri Thomas, pers. comm., 
1992, 1993). Increased foot traffic and other recreational activities 
are likely to negatively impact Lessingia germanorum because the 
populations are close to trails. In addition, the park is patrolled by 
police on horseback. Horses can trample the plants directly and compact 
the soil. The potential is high for populations of L. germanorum on the 
Presidio to be adversely impacted by these activities.
    Garbage dumping has degraded the habitat at one site on the 
Presidio where Lessingia germanorum occurs (CNDDB 1992). Digging by 
pets also adversely affects L. germanorum at all sites on the Presidio 
by destroying individual plants (Laura Nelson, Golden Gate National 
Recreation Area, pers. comm., 1993; Peter Lacivita, San Francisco Corps 
of Engineers, pers comm., 1993).
    On San Bruno Mountain, fertilizer run-off from a housing 
development above the slope supporting the largest population of 
Lessingia germanorum (Paul Reeberg, pers. comm., 1993) threatens this 
site. The nitrogen in these fertilizers promotes invasion by weed 
species that compete with L. germanorum.
    Change in fire frequency threatens Arctostaphylos imbricata. Fire 
suppression policies have altered natural processes occurring on San 
Bruno Mountain. If a fire were to break out on San Bruno Mountain, 
attempts would be made by the County to extinguish the fire (Doug 
Heisinger, San Mateo County Park Department, pers. comm., 1993), to 
protect the surrounding homes and commercial buildings. A. imbricata is 
a fire-adapted plant that regenerates from seed rather than resprouting 
from a basal burl. After a fire, seeds that have accumulated in the 
soil (i.e. seed bank) sprout, which reestablishes the population. 
Between fires A. imbricata spreads vegetatively. Reproduction by seed 
is important to maintain the genetic diversity within the species. No 
significant seedling establishment occurs until fire eliminates 
competing vegetation, as with a recent fire at Kamchatka Point that 
killed the mature plants yet subsequently induced regeneration from 
seed (Roman Gankin, pers. comm., 1993). Fire replenishes soil nutrients 
and facilitates seed germination and seedling reestablishment by 
eliminating competition and shading. If the time between fires is too 
long, A. imbricata has little opportunity to reproduce sexually and 
individuals may become senescent. Conversely, fire occurring too 
frequently also poses a threat. If consecutive fires occurred within a 
short period (5 years), a non-sprouting species could be eliminated 
(Paul Zedler, San Diego State University, pers. comm., 1993; Michael 
Vasey, San Francisco State University, pers. comm., 1993). The plants 
either would not reach flowering age or not retain enough seed in the 
soil during the interval between fires to ensure the persistence of the 
species.
    As discussed in Factor A, habitat fragmentation may adversely alter 
the physical environment. In addition, habitat fragmentation increases 
the risks of extinction by leaving the species vulnerable to chance 
events such as pest or disease outbreaks, reproductive failure (which 
can be devastating to annual plants), or other natural or human-caused 
disasters. The small isolated nature of the remaining populations and 
restricted distribution of both Lessingia germanorum and Arctostaphylos 
imbricata make extinction due to stochastic events more likely. A local 
catastrophe, such as a flood, disease outbreak, extended drought, 
landslide, or 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 problems associated with small populations 
would increase.
    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. Lessingia germanorum has been reduced to five small populations 
on the Presidio in San Francisco County and one site on San Bruno 
Mountain in San Mateo County; collectively, the populations inhabit 
less than 0.8 hectares (2 acres). This taxon has been adversely 
affected and is endangered by competition with invasive alien 
vegetation, sand quarrying, increased traffic and recreational 
activities, inadequate regulatory mechanisms, shading by alien and 
native vegetation, incidental use of fertilizers, bulldozing, 
residential and commercial development, other anthropogenic activities, 
and stochastic events. Lessingia germanorum is in danger of extinction 
throughout all or a significant part of its range, and the preferred 
action is, therefore, to list it as endangered. Arctostaphylos 
imbricata has always been rare, and is restricted to five small 
populations on San Bruno Mountain in San Mateo County. This species is 
vulnerable to alterations of the natural fire regime and stochastic 
events. Because the threats facing Arctostaphylos imbricata are long-
term rather than imminent, the species is not now in immediate danger 
of extinction throughout all or a significant portion of its range. 
However, with continued alteration of the natural fire cycle, the plant 
is likely to become endangered within the foreseeable future. As a 
result, the preferred action is to list A. imbricata as threatened.

Critical Habitat

    Critical habitat, as defined by section 3 of the Act and 50 CFR 
424.02 (d) is: (i) the specific areas within the geographical area 
occupied by a species, at the time it is listed in accordance with the 
Act, on which are found those physical or biological features (I) 
essential to the conservation of the species and (II) that may require 
special management considerations or protection and; (ii) specific 
areas outside the geographical area occupied by a species at the time 
it is listed, upon a determination that such areas are essential for 
the conservation of the species. Designations of critical habitat must 
be based on the best scientific data available and must take into 
consideration the economic and other relevant impacts of specifying any 
particular area as critical habitat at the time the species is listed 
as endangered or threatened.
    Section 4(a)(3) of the Act 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 Arctostaphylos imbricata and Lessingia germanorum, at this time. 
Because A. imbricata and L. germanorum face the threat of collection, 
the publication of precise maps and descriptions of critical habitat in 
the Federal Register would make these plants more vulnerable to 
incidents of collection and, therefore, could contribute to the decline 
of this species and increase enforcement problems. The listing of A. 
imbricata and L. germanorum also publicizes their rarity and, thus, can 
make these plants attractive to researchers, curiosity seekers, or 
collectors of rare plants. A. imbricata occurs at very few locations 
entirely on San Bruno Mountain. Any activity that would adversely 
modify critical habitat would likely jeopardize the continued existence 
of the species as well. The designation of critical habitat therefore 
would not provide additional benefit for this species beyond the 
protection afforded by listing. Designation of critical habitat 
therefore would not be prudent for A. imbricata or L. germanorum.

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 Federal action may 
affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    Five populations of Lessingia germanorum occur on Federal land 
managed by the Department of Defense. Arctostaphylos imbricata occurs 
within the San Bruno Mountain Habitat Conservation Plan area.
    Listing these two plants would provide for development of a 
recovery plan(s) for them. Such plan(s) would bring together both State 
and Federal efforts for conservation of the plants. The plan(s) would 
establish a framework for agencies to coordinate activities and 
cooperate with each other in conservation efforts.
    The plans would set recovery priorities and estimate costs of 
various tasks necessary to accomplish them. They also would describe 
site-specific management actions necessary to achieve conservation and 
survival of the two plants. Additionally, pursuant to section 6 of the 
Act, the Service would be able to grant funds to affected States for 
management actions promoting the protection and recovery of these 
species.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 for endangered plants and 50 CFR 17.71 and 17.72 for 
threatened plants set forth a series of general prohibitions and 
exceptions. With respect to Lessingia germanorum, proposed to be listed 
as endangered, 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 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 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.
    Arctostaphylos imbricata, proposed to be listed as threatened, 
would be subject to similar prohibitions (16 U.S.C. 1538(a)(2)(E); 50 
CFR 17.61, 17.71). Seeds from cultivated specimens of threatened plant 
taxa are exempt from these prohibitions provided that a statement ``of 
cultivated origin'' appears on the shipping 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 and threatened plant species under certain 
circumstances. The Service anticipates few trade permits would ever be 
sought or issued for the two 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, Ecological Services, Permits Branch, 
911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (503/231-6241) 
(FAX: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 Lessingia germanorum and Arctostaphylos 
imbricata;
    (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 Lessingia germanorum and Arctostaphylos imbricata;
    (4) current or planned activities in the subject area and their 
possible impacts on Lessingia germanorum and Arctostaphylos imbricata, 
or their possible impacts on a proposal to designate critical habitat 
for L. germanorum;
    (5) specific information on the amount and distribution of suitable 
occupied or unoccupied habitat in the area of Lessingia germanorum, 
including updated information and maps on land ownership and land 
designation;
    (6) specific information on the biological value of areas that 
could be proposed as critical habitat, to other listed, proposed, or 
candidate species, and the relation of a proposal to designate critical 
habitat to maintaining biodiversity and ecosystem integrity;
    (7) any foreseeable economic and other impacts resulting from a 
proposed designation of critical habitat for Lessingia germanorum;
    (8) specific examples of acts of taking or vandalism that have 
destroyed or damaged individuals or populations of Lessingia germanorum 
or Arctostaphylos imbricata; and
    (9) the methodology the Service might use, under section 4(b)(2) of 
the Act, in determining if the benefits of excluding an area from 
critical habitat outweigh the benefits of specifying the area as 
critical habitat;
    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 the 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

Bean, M.J, Fitzgerald, S.G. and M.A. O'Connell. 1991. Reconciling 
conflicts under the Endangered Species Act: The habitat conservation 
planning experience. World Wildlife Fund.
California Department of Fish and Game. 1988. California native 
plant status report for Arctostaphylos imbricata. Unpublished report 
4 pp.
California Department of Fish and Game. 1989. Report to the Fish and 
Game Commission on the status of San Francisco Lessingia (Lessingia 
germanorum). California Department of Fish and Game, Natural 
Heritage Division Status Report 89-15, unpublished report 15 pp.
California Department of Fish and Game. 1990. California Native 
Plant Status Report for Lessingia germanorum var. germanorum. 
Unpublished report 4 pp.
California Department of Fish and Game. 1992. 1991 annual report on 
the status of California State listed threatened and endangered 
animals and plants. 193 pp.
California Natural Diversity Database. 1992. Rarefind: A database 
application for the California Dept. of Fish and Game Natural 
Heritage Division data.
Eastwood, A. 1931. New species of plants from western North America. 
Proc. Calif. Acad. Sci. Ser. 4, 20:149-150.
Ferris, R. 1959. Taxonomic notes on western plants. Contr. Dud. 
Herb. 5:99-108.
Howell, J.T. 1929. A systematic study of the genus Lessingia Cham. 
Univ. of Calif. Pub. in Botany 16:1-44.
Jepson, W. 1939. A Flora of California, Vol. III. Assoc. Students 
Store, University of California, Berkeley.
Lane, M. 1993. Lessingia. In: The Jepson Manual Higher Plants of 
California. James C. Hickman, Editor. pp 304-307. University of 
California Press, Berkeley.
McClintock, E., W. Knight and N. Fahy. 1968. A flora of the San 
Bruno Mountains, San Mateo County, California. Proc. Calif. Acad. 
Sci. Ser. 4, 32:626
McClintock, E., P. Reeberg and W. Knight. 1990. A flora of the San 
Bruno Mountains. California Native Plant Society special publication 
8. Sacramento, CA.
McMinn, H. E. 1935. Manual of Flowering Shrubs of California. 
University of California Press, Berkeley, California.
Munz, P. A. 1959. A California Flora. University of California 
Press, Berkeley.
Munz, P. and D. Keck. 1968. A California Flora and Supplement. 
University of California Press, Berkeley.
Orsak, L. and D.E. Schooley. 1984. San Bruno Mountain. The San 
Francisco Peninsula's priceless refuge for rare and endangered 
species. Pacific Discovery 37:4-9.
Roof, J.B. 1967. Arctostaphylos montariensis, a new species of 
manzanita from San Mateo County, California. Four Seasons 2(3):6-16.
Saunders, D.A., R.J. Hobbs, and C.R. Margules. 1991. Biological 
consequences of ecosystem fragmentation: A review. Conservation 
Biology 5:18-32.
Thomas Reid Associates. 1991. Rare plants on San Bruno Mountain 1991 
update, unpublished.
Wells, P.V. 1988. New combinations in Arctostaphylos (Ericaceae): 
Annotated list of changes in status. Madrono 35:330-341.
Wells, P.V. 1993. Arctostaphylos. In: The Jepson Manual Higher 
Plants of California. James C. Hickman, Editor. University of 
California Press. Berkeley, CA. pp 545-559.

Author

    The primary author of this proposed rule is Kirsten Tarp (see 
ADDRESSES section); telephone 916/978-4866.

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 families indicated, 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   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Asteraceae--Aster                                                                                               
family:                                                                                                         
                                                                                                                
                                                  * * * * * * *                                                 
    Lessingia        San Francisco       U.S.A. (CA).......  E             ...........           NA           NA
     germanorum       lessingia.                                                                                
     (=Lessingia                                                                                                
     germanorum                                                                                                 
     var.                                                                                                       
     germanorum).                                                                                               
                                                                                                                
                                                  * * * * * * *                                                 
Ericaceae--Heath                                                                                                
 family:                                                                                                        
                                                                                                                
                                                  * * * * * * *                                                 
    Arctostaphylos   San Bruno Mountain  U.S.A. (CA).......  T             ...........           NA           NA
     imbricata       manzanita                                                                                  
     (=Arctostaphyl                                                                                             
     os imbricata                                                                                               
     ssp.                                                                                                       
     imbricata).                                                                                                
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: September 23, 1994.
Mollie M. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-24492 Filed 9-30-94; 8:45 am]
BILLING CODE 4310-55-P