[Federal Register Volume 59, Number 240 (Thursday, December 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30860]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB73

 

Endangered and Threatened Wildlife and Plants; Endangered or 
Threatened Status for Five Plants and the Morro Shoulderband Snail From 
Western San Luis Obispo County, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973 (Act), 
as amended, for four plants and one land snail: Cirsium fontinale var. 
obispoense (Chorro Creek bog thistle), Clarkia speciosa ssp. immaculata 
(Pismo clarkia), Eriodictyon altissimum (Indian Knob mountainbalm), 
Suaeda californica (California sea-blite), and the Morro shoulderband 
snail (Helminthoglypta walkeriana); and threatened status for one 
plant: Arctostaphylos morroensis (Morro manzanita). All six species are 
found along the coast of San Luis Obispo County, California. The five 
plant taxa are threatened by one or more of the following: Residential 
development, road maintenance activities, competition from alien 
plants, recreational activities, grazing, water diversions, dredging, 
and stochastic (i.e., random) extinction by virtue of the small and 
isolated nature of the remaining populations. The Morro shoulderband 
snail is threatened by destruction of habitat, competition with a 
common garden snail, and perhaps stochastic extinction. This rule 
implements the Federal protection and recovery provisions afforded by 
the Act for these five plants and the Morro shoulderband snail.

EFFECTIVE DATE: January 17, 1995.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, Ventura Field Office, 2140 Eastman Ave., 
Suite 100, Ventura, California, 93003.

FOR FURTHER INFORMATION CONTACT: Constance Rutherford, botanist, at the 
above address, or at 805/644-1766.

SUPPLEMENTARY INFORMATION:

Background

    Arctostaphylos morroensis, Cirsium fontinale var. obispoense, 
Clarkia speciosa ssp. immaculata, Eriodictyon altissimum, Suaeda 
californica, and the Morro shoulderband snail are endemic to the 
western portion of San Luis Obispo County, California. A. morroensis 
and E. altissimum occur as components of several coastal plant 
communities, referred to as central coastal scrub, central maritime 
chaparral, and coast live oak woodland by Holland (1986). Cirsium 
fontinale var. obispoense is found primarily on more inland sites, near 
seeps associated with serpentine soils. Clarkia speciosa ssp. 
immaculata is a component of grasslands that form a mosaic with 
chaparral and oak woodlands. S. californica is found in association 
with the northern coastal salt marsh community (Holland 1986) around 
Morro Bay. The Morro shoulderband snail is found within the central 
coastal dune scrub community (Holland 1986) on the south end of Morro 
Bay. These communities have also been described by Holland and Keil 
(1990), MacDonald (1988), Griffin (1988), Hanes (1988), Barbour and 
Johnson (1988), and Mooney (1988).
    The natural communities of western San Luis Obispo County have 
undergone a number of changes resulting from both human-caused 
activities and natural occurrences. The rapid urbanization of 
communities around Morro Bay, the San Luis Obispo area, and the Pismo 
Beach area has already eliminated the plants and the snail in portions 
of their ranges. Starting in the 1940's, the configuration of Morro Bay 
itself was altered by construction of a breakwater that resulted in the 
connection of Morro Rock to the mainland north of the Bay, construction 
of a marina, deposition of sediments from two watersheds (Los Osos 
Creek and Chorro Creek), and dredging of waterways within the Bay 
(Gerdes et al. 1974). Since 1935, the spit that envelops the southern 
portion of Morro Bay has also been displaced 90 feet landward as a 
result of windblown sand into the interior of the Bay (Josselyn et al. 
1989). Further urban development and other activities such as 
recreation, grazing, and utility construction threaten the remaining 
occurrences of these plants and the snail.
    Arctostaphylos morroensis (Morro manzanita) was first described by 
Wieslander and Schreiber (1939) based on a specimen collected in Hazard 
Canyon, south of Morro Bay, which is now within the boundaries of 
Montana de Oro State Park. This name has been conserved by McMinn 
(1939), Abrams (1944), Munz (1968), and Hoover (1970).
    This shrub of the heath family (Ericaceae) reaches 1.5 to 4.0 
meters (m) (5 to 13 feet (ft)) high and has oblong to ovate leaves 
grey-green to olive-green, 2.5 to 4.0 centimeters (cm) (1 to 1.5 inches 
(in)) long, with petioles 2 to 6 millimeters (mm) (0.08 to 0.20 in) 
long. The white to pinkish flowers are 5 to 8 mm (0.2 to 0.3 in) long 
and form orange-brown fruits 8 to 13 mm (0.3 to 0.5 in) in diameter. A. 
morroensis is distinguished from other manzanitas in the area by the 
following characters: the bark of the trunk is a shaggy grey to brown, 
and the leaf blades are cuneate to rounded or truncate at the base, 
with the lower surface paler and usually somewhat tomentose (short 
woolly hairs). Occasional specimens of Arctostaphylos morroensis have 
exhibited an auriculate leaf base and a leaf petiole short to lacking--
characters more representative of the rare A. cruzensis (Arroyo de la 
Cruz manzanita). Recent work by Holland et al. (1990) has clarified the 
distinctness of the taxon and its relation to A. cruzensis.
    The distribution of Arctostaphylos morroensis has been tied to the 
presence of soils derived from ancient sand dunes. These soils are 
referred to as Baywood fine sands, which were deposited during the 
Pleistocene epoch when sea levels 300 feet lower than current levels 
allowed large volumes of sand to blow inland into the Los Osos Valley. 
A. morroensis is found in association with coastal dune scrub, maritime 
chaparral, and coast live oak woodland communities in sites with no or 
low to moderate slopes. On steeper slopes, particularly on the north-
facing slopes of the Irish Hills, A. morroensis occurs in almost pure 
stands. At the time the proposal was published (December 23, 1991; 56 
FR 66400), the total number of individuals of A. morroensis was 
estimated to be 2,000 (McLeod 1991a). Since that time, additional 
surveys have resulted in population estimates ranging from 86,000 to 
153,000 (McGuire and Morey 1992, LSA Associates 1992).
    Based on the distribution of Baywood fine sands in the Morro Bay 
area, the historic habitat was estimated at between 800 and 1100 
hectares (ha) (2,000 and 2,700 acres (ac)). Much of the area covered by 
Baywood fine sands and with no to low slopes have been subject to urban 
development, primarily by the communities of Los Osos, Baywood Park, 
and Cuesta-by-the-Sea on the south and east sides of Morro Bay. Some 
development, however, has also occurred on the steeper north-facing 
slopes of the Irish Hills. Approximately 340 to 360 ha (840 to 890 ac) 
of Arctostaphylos morroensis remain (LSA Associates 1992); half of this 
consists of small or low density patches that remain in and around 
developed areas of Los Osos and Baywood Park, and half consists of more 
continuous and more dense (at least 50 percent cover by this species) 
stands of manzanita. A. morroensis was recently observed to be 
reseeding in parcels that had previously supported high densities of 
manzanita that had been mechanically cleared (LSA Associates 1992). The 
process of clearing may have provided the scarification required to 
trigger seed germination.
    Approximately 65 percent of the remaining Arctostaphylos morroensis 
habitat is within private ownership; the bulk of this is habitat with 
high densities of manzanita. Approximately 35 percent of the plant's 
habitat is on publicly owned lands within Montana de Oro State Park and 
two small preserves managed by California Department of Fish and Game 
(CDFG); most of this habitat supports low densities of A. morroensis 
(McGuire and Morey 1992).
    Cirsium fontinale var. obispoense (Chorro Creek bog thistle) is one 
of two rare subspecies of Cirsium fontinale, which was first described 
by Edward L. Greene in 1886 as Cnicus fontinalis. Six years later, he 
transferred the plant to the genus Carduus, and, in 1901, Jepson 
transferred the plant to the genus Cirsium. In 1938, J.T. Howell 
described the variety obispoense based on plants collected at Chorro 
Creek two years earlier (Abrams and Ferris 1960).
    Cirsium fontinale var. obispoense is a rugged short-lived perennial 
herb of the aster family (Asteraceae). First year plants form a rosette 
that reaches up to a meter (3.3 ft) in diameter; in the second or third 
year, the plant produces a branching stalk up to 2 m (6.6 ft) in height 
and bearing numerous heads of whitish to pinkish-lavender tinged 
flowers. Its nodding flower heads and glandular hairs on the leaves 
separate it from other thistles that occur in the area.
    Cirsium fontinale var. obispoense is restricted to open seep areas 
on serpentine soil outcrops. It is known from only nine locations; 
eight are to the south and west of San Luis Obispo, and one is 48 
kilometers (km) (30 miles (mi)) to the northwest near San Simeon. The 
type locality was surveyed for in 1985; the thistle was not located and 
is assumed to be extirpated, probably by cattle grazing (Rocco 1981). 
At the time of the last range-wide surveys in 1986, the total number of 
individuals numbered less than 3,000 (Friedman 1987). Two populations 
comprise approximately 1,000 individuals each; the remaining seven 
comprise from 50 to several hundred individuals each. Extant 
populations are threatened by trampling from cattle, proposed water 
diversions, and road maintenance and may also be declining due to 
several years of drought conditions. A recent status report also 
indicated that two non-native species, Cytisus monspessulanus (European 
broom) and Eucalyptus sp. (Eucalyptus) may be invading bog thistle 
habitat at several sites (Wikler and Morey 1992).
    Eriodictyon altissimum (Indian Knob mountainbalm) was first 
collected on Indian Knob by Philip V. Wells in 1960 and described two 
years later (Wells 1962). This diffusely branched evergreen shrub of 
the waterleaf family (Hydrophyllaceae) reaches a height of 2 to 4 m 
(6.6 to 13 ft). The sticky leaves are long (6 to 9 cm (2.4 to 3.5 in)) 
and narrow (2 to 4 mm (0.08 to 0.20 in)); the lavender flowers (1.1 to 
1.5 cm (0.4 to 0.6 in) long) are arranged in coiled clusters and 
produce numerous tiny (0.4 mm (0.02 in) long) seeds. As with other 
fire-adapted chaparral plants, E. altissimum produces new growth 
primarily from rhizomatous suckers. Only two other narrow-leaved 
Eriodictyon occur in southern California; E. angustifolium occurs in 
the New York Mountains in the eastern Mojave Desert and has much 
smaller flowers. The other, E. capitatum, is restricted to a few 
locations in coastal Santa Barbara County and has a distinctly capitate 
inflorescence.
    Eriodictyon altissimum occurs within coastal maritime chaparral and 
oak woodlands and co-occurs with Arctostaphylos morroensis in several 
locations. Vanderwier (1987) did a detailed study of chaparral and oak 
woodland communities at the type locality for E. altissimum. Only six 
stands are known, which range from the south end of Morro Bay to Indian 
Knob, between San Luis Obispo and Arroyo Grande. The rugged terrain in 
the Irish Hills (between Morro Bay and Indian Knob) has precluded 
extensive botanical surveying that may have identified other stands of 
E. altissimum. With discovery of an extension of the stand at Indian 
Knob two years ago, the largest known stand comprises 350 individuals 
(Lynn Dee Oyler, botanical consultant, pers. comm., 1991). Currently, 
the total number of individuals of E. altissimum is less than 600 
(Bittman 1985, Lynn Oyler, in litt., 1992).
    Clarkia speciosa ssp. immaculata (Pismo clarkia), a member of the 
four o'clock family (Onagraceae), was first collected in Carpenter 
Canyon by Frank Harlan Lewis and Margaret Ensign Lewis in 1947. Lewis 
and Lewis (1955) published a monograph on the genus Clarkia that 
described the plant for the first time. The plant is an erect or 
decumbent herb, with branched stems up to 5 decimeters (dm) (20 in) 
long; the petals are white or cream-colored at the base, streaking into 
pinkish or reddish-lavender in the upper part and 1.5 to 2.5 cm (0.6 to 
1.0 in) long. It is distinguished from the subspecies speciosa by its 
larger flowers and the pattern of petal color. In his flora of San Luis 
Obispo County, Hoover (1970) notes the geographical separation between 
Clarkia speciosa ssp. immaculata and the subspecies speciosa, with the 
latter occurring north of San Luis Obispo from the Santa Lucia range to 
the Salinas River drainage.
    Clarkia speciosa ssp. immaculata is found on pockets of dry sandy 
soils, possibly ancient sand dunes, within grassy openings in chaparral 
and oak woodlands. The five extant populations are located between San 
Luis Obispo and the Nipomo Mesa area and together support less than 
4,000 individuals (Myers 1987; Oyler, in litt., 1992). At least one 
historical population has been extirpated by residential development, 
and extant populations are threatened by continuing development, road 
maintenance activities, and possibly grazing.
    Suaeda californica (California sea-blite) is a succulent-leaved 
perennial plant of the goosefoot family (Chenopodiaceae). It was first 
described by Sereno Watson in 1874 based on a collection made in the 
salt marshes of San Francisco Bay. Amos Heller published the name 
Dondia californica in 1898, recognizing the genus name used by Michel 
Adanson in 1763; however, the name Suaeda has been conserved by the 
International Rules of Nomenclature (Abrams 1944). Munz (1959) 
recognized several previously recognized taxa as subspecies of S. 
californica. With this treatment, he described the range of S. 
californica as extending from San Francisco Bay south to Lower (Baja) 
California. Ferren and Whitmore (1983) noted that much of what had been 
identified as S. californica in southern California and Baja California 
is a distinct taxon, which they named Suaeda esteroa. Although both 
species occur in the upper intertidal zone, S. californica is a shrub 
with radially symmetrical flowers belonging to the section Limbogermen, 
and S. esteroa is an herbaceous perennial with bilaterally symmetrical 
flowers belonging to the section Heterosperma. Further study revealed 
that the only extant populations of Suaeda that resemble the type 
specimen of S. californica are those that occur in the vicinity of 
Morro Bay. In his revision of the genus, Ferren (1993) recognized S. 
californica as a full species.
    Suaeda californica occurs along the perimeter of Morro Bay, where 
it is restricted to the upper intertidal zone within coastal marsh 
habitat. The shrubs are discontinuously distributed in a narrow band 
around the Bay adjacent to other marsh plants including Salicornia sp. 
(pickleweed), Distichlis spicata (saltgrass), Juncus acutus (rush), 
Jaumea carnosa (Jaumea), and Frankenia salina (Frankenia) and the 
federally endangered Cordylanthus maritimus ssp. maritimus (salt marsh 
birds-beak). The distribution of S. californica around Morro Bay was 
recently mapped (Hillaker 1992). On the east side of the bay, colonies 
occur adjacent to the communities of Morro Bay, Baywood Park and Cuesta 
by-the-sea, though it apparently is absent from the more interior 
portion of the marshlands that are created by Chorro Creek runoff. On 
the west side of the bay, S. californica is found along most of the 
length of the spit excepting the northern flank adjacent to the mouth 
of the bay. Elkhorn Slough in Monterey Bay is the only other remaining 
location considered to be potential habitat for S. californica on the 
California coast (Dirk Walters, botanical consultant, pers. comm., 
1991), but this area has not been recently surveyed.
    Suaeda californica's colonial habit make it difficult to determine 
the total number of individuals comprising the species. One estimate 
places the number of individuals at no more than 500 (McLeod 1991b). 
Because the plant occupies such a narrow band in the intertidal zone, 
S. californica is threatened by any natural processes or human 
activities that alter the microtopographic gradient of this habitat. 
Such threats include: increased sedimentation of Morro Bay, the 
encroachment of sand on the east side of the spit, and dredging 
projects within the channel or the bay. The plant's restricted range 
and limited number of individuals threaten it with stochastic 
extinction.
    The Morro shoulderband snail (Helminthoglypta walkeriana) is a 
member of the land snail family Helminthoglyptidae. The Morro 
shoulderband snail was first described as Helix walkeriana by Hemphill 
(1911) based on collections made ``near Morro, California''. He also 
described a subspecies of Helix walkeriana, Helix var. morroensis, from 
``near San Luis Obispo City'' based on sculptural features of the shell 
(Roth 1985). Field (1930) transferred the taxon to the genus 
Helminthoglypta, and Roth (1985) considers morroensis to be an 
infrasubspecific form not warranting nomenclatural recognition.
    The Morro shoulderband snail is most closely related to the surf 
shoulderband (Helminthoglypta fieldi Pilsbry, 1930), which occurs in 
coastal dune habitats south of the San Luis Range to Point Arguello and 
is, therefore, disjunct from the Morro shoulderband snail. Shell 
features used to separate the two species include papillation over most 
of the body whorl, a more domed spire, and half or more of the 
umbilicus being covered by the apertural lip in the Morro shoulderband 
snail (Roth 1985).
    The Morro shoulderband snail occurs with another helminthoglyptid 
snail, the Big Sur shoulderband (Helminthoglypta umbilicata Pilsbry, 
1897). The more globose shape and incised spiral grooves distinguish 
the Morro shoulderband snail from this species (Roth 1985). The brown 
garden snail (Helix aspersa) also occurs with the Morro shoulderband 
snail, but the former has a marbled pattern on its shell that 
distinguishes it from the Morro shoulderband snail, which has a single, 
narrow band.
    The Morro shoulderband snail is restricted to sandy soils of 
coastal dune and coastal sage scrub communities near Morro Bay. The 
species has also been reported from San Luis Obispo (type locality for 
``morroensis'') and 4.8 km (3 mi) south of Cayucos (Roth 1973); no 
specimens have been collected from those localities since 1946 (Roth 
1985). Surveys by Roth (1985) resulted in the discovery of only six 
live Morro shoulderband snails, while empty shells were much more 
numerous. While cautioning that not enough data were available to make 
a more accurate estimate, Roth (1985) speculated that as few as several 
hundred individuals then existed in the remaining population of Morro 
shoulderband snails. Roth (malacological consultant, pers. comm., 1993) 
conducted a limited search for the snail in April 1992 and found no 
living individuals. However, Roth believed that even though no live 
snails were found, the limited nature of the survey along with the 
drought of the previous 4 years would preclude him from concluding the 
species was extinct (Roth, pers. comm., 1993)

Previous Federal Action

    Federal government actions on three of the five plants began as a 
result of section 12 of the Endangered Species Act of 1973, which 
directed the Secretary of the Smithsonian Institution to prepare a 
report on those plants considered to be endangered, threatened, or 
extinct. This report, designated as House Document No. 94-51, was 
presented to Congress on January 9, 1975, and included Arctostaphylos 
morroensis as threatened and Eriodictyon altissimum and Clarkia 
speciosa ssp. immaculata as endangered. The Service published a notice 
in the July 1, 1975, Federal Register (40 FR 27823), of its acceptance 
of the report of the Smithsonian Institution as a petition within the 
context of section 4(c)(2) (petition provisions are now found in 
section 4(b)(3) of the Act) and its intention thereby to review the 
status of the plant taxa named therein. The above three taxa were 
included in the July 1, 1975, notice. On June 16, 1976, the Service 
published a proposal in the Federal Register (42 FR 24523) to determine 
approximately 1,700 vascular plant species to be endangered species 
pursuant to section 4 of the Act; Eriodictyon altissimum was included 
in this document.
    General comments received in relation to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The 1978 Amendments to the Endangered Species Act required that 
all proposals over 2 years old be withdrawn. A 1-year grace period was 
given to those proposals that would otherwise expire within one year of 
the passage of the 1978 amendments. In the December 10, 1979, Federal 
Register (44 FR 70796), the Service published a notice of withdrawal of 
the June 6, 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 
morroensis, Clarkia speciosa ssp. immaculata and Eriodictyon altissimum 
as category 1 species and Cirsium fontinale var. obispoense as a 
category 2 species. Category 1 species are those for which the Service 
has on file substantial information on biological vulnerability and 
threats to support preparation of listing proposals, while category 2 
species are those for which data in the Service's possession indicate 
listing is possibly appropriate, but for which substantial data on 
biological vulnerability and threats are not currently known or on file 
to support proposed rules. On November 28, 1983, the Service published 
in the Federal Register a supplement to the Notice of Review (48 FR 
53640); the plant notice was again revised September 27, 1985 (50 FR 
39526). A. morroensis and E. altissimum were included in both of these 
revisions as category 1 species; Clarkia speciosa ssp. immaculata and 
Cirsium fontinale var. obispoense were included as category 2 species. 
On February 21, 1990, (55 FR 6184) the plant notice was again revised, 
and A. morroensis, Clarkia speciosa ssp. immaculata and E. altissimum 
were all included as category 1 species, and Cirsium fontinale var. 
obispoense was included as a category 2 species.
    Section 4(b)(3)(a) of the Endangered Species Act, as amended in 
1982, requires the Secretary to make certain findings on pending 
petitions within 12 months of their receipt. Section 2(b)(1) of the 
1982 amendments further requires that all petitions pending on October 
13, 1982 be treated as having been newly submitted on that date. This 
was the case for Arctostaphylos morroensis, Clarkia speciosa ssp. 
immaculata and Eriodictyon altissimum, because the 1975 Smithsonian 
report had been accepted as a petition. In October of 1983, 1984, 1985, 
1986, 1987, 1988, 1989, and 1990, the Service found that the petitioned 
listing of A. morroensis, Clarkia speciosa ssp. immaculata and E. 
altissimum was warranted but precluded by other higher priority listing 
actions. Publication of the proposed rule in the Federal Register on 
December 23, 1991 (56 FR 66400), constituted the final finding for the 
petitioned actions.
    The portions of this rule concerning Suaeda californica are largely 
based on scientific and commercial information on the species, 
unpublished reports by Wayne Ferren, unpublished reports from the CDFG 
(1991), and information gathered from several botanists, including Mr. 
Dirk Walters and Mr. Malcolm McLeod.
    A reevaluation of the existing data on the status of Cirsium 
fontinale var. obispoense and threats to its continued existence 
provided sufficient information to support proposing this species for 
listing as endangered.
    The Service entered into a contract with the Sierra Club 
Foundation, San Francisco, California, to investigate the status of 
California land snails. A final report dated August 25, 1975, contained 
data indicating that several of the snails studied were either 
threatened or endangered species candidates. On April 28, 1976, the 
Service proposed endangered or threatened status for 32 land snails in 
the Federal Register (41 FR 17742); this proposal included the Morro 
shoulderband snail (under the common name ``banded dune snail'') as 
endangered. The proposed rulemaking that included proposed endangered 
status for the Morro shoulderband snail was withdrawn December 10, 
1979, (44 FR 70796) because of the 1978 amendments to the Act, which 
required the withdrawal of proposals over 2 years old.
    The Service undertook a status review of the mollusc in 1984, which 
resulted in the report by Roth (1985). Based on that information, the 
Morro shoulderband snail appeared as a category 1 species in the Animal 
Notices of Review of May 22, 1984 (40 FR 675); January 6, 1989 (54 FR 
554); and November 21, 1991 (56 FR 58820).
    On December 23, 1991, the Service published a proposed rule in the 
Federal Register (56 FR 66400) to list the five plants and the Morro 
shoulderband snail as endangered. In that proposed rule and associated 
notifications, all interested parties were requested to submit factual 
reports or information relevant to a final decision on the listing 
proposal. Appropriate State agencies, county governments, Federal 
agencies, scientific organizations, and other interested parties were 
contacted and requested to comment. No requests for a public hearing 
were received. To allow for additional comment, the comment period was 
reopened from June 8 to July 8, 1992. Notice of reopening of the 
comment period was published in the Federal Register on June 8, 1992, 
(57 FR 24221) and, along with a summary of the proposal, in the San 
Luis Obispo County Telegram Tribune on June 17, 1992.

Summary of Comments and Recommendations

    During the comment periods, the Service received written and oral 
comments from 13 parties. The CDFG, the California Department of Parks 
and Recreation (CDPR), The Nature Conservancy, the Center for Plant 
Conservation, and the California Native Plant Society were among the 
eight commenters expressing support for the listing proposal. Four 
commenters were neutral; three of these provided additional information 
on potential project impacts, and one expressed concern over the 
implications of listing for private landowners. One commenter initially 
was neutral, but apparently shifted to opposing the listing proposal. 
Results of additional surveys for the plants (Oyler, in litt., 1992; 
CDFG 1991; LSA Associates 1992) and additional biological information 
that was submitted to the Service since publication of the proposal 
have been incorporated into this final rule.
    Opposing comments and other comments questioning the rule have been 
organized into specific issues. The California Fish and Game Commission 
(Commission) was considering the State listing of Arctostaphylos 
morroensis during the same period covered by the Service's comment 
period. The Service obtained several documents directed to the 
Commission that included comments opposing the State listing of A. 
morroensis. Because these comments are germane both to the State and 
the Federal listing of this species, they have been incorporated into 
the issues. The Service's response to each issue is summarized below:
    Issue 1: One commenter stated that the population estimate of 2,000 
individuals for Arctostaphylos morroensis that appeared in the proposal 
was too low and that the population is more likely closer to 150,000 
individuals. Furthermore, this large population size makes the 
likelihood of imminent extinction a low probability.
    Service Response: The Service acknowledges that the number of 
individuals of Arctostaphylos morroensis is much higher than the 
estimate that was available when the proposal was prepared. The Service 
agrees that because this species is a long-lived perennial, combined 
with the higher population estimates, the probability of imminent 
extinction is low. However, mapping by Mullany (1990) and others (LSA 
Associates 1992) indicates that A. morroensis currently occupies less 
than 365 ha (900 ac) of habitat. Of this, two thirds is in private 
ownership with no legal protection and where a number of proposed 
projects will further destroy and fragment the habitat. The remaining 
third is in public ownership, comprised primarily of stands with low 
densities of manzanita that may represent only 20 percent or less of 
the total individuals. However, the restricted range and narrow habitat 
requirements of A. morroensis, coupled with continuing alteration, 
destruction, and fragmentation of habitat, make it vulnerable to 
becoming endangered in the near future and, thus, meet the definition 
of ``threatened.'' The Service, therefore, has determined that 
threatened status is more appropriate than endangered status and has 
made this change in the final rule.
    Issue 2: One commenter estimated current manzanita habitat losses 
to development to be 63 percent of the ``low productivity'' habitat, 25 
percent of the ``moderate productivity'' habitat, and only 9 percent of 
the ``high productivity'' habitat. Therefore, development has had a 
disproportionately low impact on Arctostaphylos morroensis and does not 
represent a trend toward imminent extinction.
    Service Response: Even though most of the development has occurred 
within habitat supporting low densities of Arctostaphylos morroensis, 
the biological importance of this habitat to the species should not be 
dismissed. Development has fragmented remaining A. morroensis habitat 
in the northern and central portions of its range, leaving small 
pockets or individual shrubs on vacant lots and in back yards. The 
viability of these fragments, and their contribution toward maintaining 
viability of the species as a whole, is unknown. Furthermore, the 
effects of development in habitat with higher densities of A. 
morroensis may have been understated by the commenter, because the 
``productivity'' of the habitat was calculated based on the 
distribution of Baywood fine sands within each slope class, rather than 
the actual distribution of A. morroensis within each slope class. One 
development has been built within an area that previously supported 
high density A. morroensis habitat. Two developments planned within 
adjacent habitat support intermediate to high densities of A. 
morroensis. These two developments could affect up to 60 ha (150 ac) of 
manzanita habitat.
    In addition to direct removal of habitat, development has had 
secondary effects on quality of adjacent remaining habitat, such as 
fragmentation, deterioration of habitat due to increased recreational 
activity, and the introduction of non-native species. Although the 
Service agrees that the extinction of A. morroensis is not imminent 
(see Service Response 1 above), past development appears to be a major 
cause of past habitat loss, and pending development proposals represent 
significant potential losses and degradation of additional habitat.
    Issue 3: One commenter believes that current trends to protect 
Arctostaphylos morroensis make listing unnecessary. These trends 
include tougher local land use regulations, greater protection of the 
plants in Montana de Oro State Park, and the future public acquisition 
of more habitat such as open space and more parklands.
    Service Response: Although local land use regulations may have been 
strengthened, their primary purpose is not to protect Arctostaphylos 
morroensis or other sensitive species. For instance, current 
restrictions on building on slopes over a certain grade may reduce the 
number of units that can be constructed on a parcel over what may have 
been allowed previously. Constructing fewer units per parcel, however, 
does not ensure the integrity of any Arctostaphylos morroensis habitat 
that may have been spared on steeper, unbuildable slopes. Protection of 
A. morroensis habitat within Montana de Oro State Park accounts for 
only one-third of the acreage of habitat and only 20 percent of the 
number of individuals. Efforts to acquire additional habitat are 
currently underway for 37 ha (90 ac) of A. morroensis habitat. These 
efforts, however, are still in progress, and even if habitat is 
acquired, do not ensure that management and protection of this habitat 
will be effective in maintaining the long-term viability of A. 
morroensis at this location. The Service therefore concludes that 
current trends to protect A. morroensis habitat do not preclude the 
need to list the species.
    Issue 4: One commenter stated that Eucalyptus poses no imminent 
threat of extinction to Arctostaphylos morroensis, because the acreage 
of A. morroensis habitat currently occupied by Eucalyptus is low, the 
rate of Eucalyptus spread appears slow, and removal programs are 
underway.
    Service Response: The only Eucalyptus removal program the Service 
is aware of is that being conducted by Montana de Oro State Park. This 
effort has focused on removing Eucalyptus seedlings from outside the 
bounds of the original groves and not specifically from Arctostaphylos 
morroensis habitat. While the Park's efforts are to be commended, the 
acreage of A. morroensis habitat enhanced by these efforts is small. 
However, Eucalyptus is recognized as only one of several, and certainly 
not the largest, threats to the continued existence of A. morroensis.
    Issue 5: One commenter stated that brushing (mechanical clearing) 
is an effective technique for regenerating senescent stands of 
Arctostaphylos morroensis. Therefore, the inability to maintain natural 
fire cycles within urban neighborhoods adjacent to manzanita stands 
could not be perceived as a threat.
    Service Response: Some evidence shows that mechanical clearing may 
serve to scarify Arctostaphylos morroensis seed, a process that would 
typically be provided by natural fire cycles in wildland chaparral 
communities. However, regeneration of A. morroensis on mechanically 
cleared parcels has not been shown to achieve full restoration of 
ecosystem processes present within an intact chaparral community. The 
role of fire within chaparral communities may serve other purposes, 
such as nutrient cycling, that cannot be duplicated by mechanical 
clearing. Further research may indicate that mechanical clearing may be 
a tool in managing fragmented manzanita habitat within urban 
neighborhoods where risk associated with controlled burns is considered 
unacceptable. The intent of the Endangered Species Act, however, is to 
protect species and the natural habitats upon which they depend. The 
opportunity to maintain selected sites with mechanical clearing does 
not reduce the need to maintain habitat using natural ecosystem 
processes, such as controlled burns.
    Issue 6: One commenter was concerned that the listing of 
Eriodictyon altissimum would limit his rights as a private property 
owner.
    Service Response: Listing of E. altissimum, as well as the other 
species in this rule, under the Endangered Species Act will trigger the 
protective measures under section 9 of the Act, prohibiting the 
collection, destruction, or damaging of these species on any area if it 
is in violation of any State law (see the Available Conservation 
Measures section of this rule for a complete discussion). In addition, 
the Act requires that Federal agencies insure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of any listed species, or destroy or adversely 
modify its critical habitat, if any is designated. Any activity on 
private land that requires Federal involvement (such as a section 404 
permit under the Clean Water Act) and that may affect these species 
would have to be reviewed by the Service to ensure that the continued 
existence of the species would not be jeopardized. If the Service 
determines that an activity may jeopardize the continued existence of 
the species, the Service is required to provide reasonable and prudent 
alternatives to the applicant. These alternatives should accommodate 
the applicant, but avoid jeopardy to the species. In a non-jeopardy 
situation, the Service would provide recommendations, in the form of 
reasonable and prudent measures, which would allow the activity to 
proceed without jeopardizing the species existence.
    Recovery planning for the species may include recommendations for 
land acquisition or easements involving private landowners. These 
efforts would be undertaken only with the cooperation of the landowner. 
In the majority of cases, presence of an endangered or threatened 
species does not preclude private landowners from utilizing their land 
in the manner originally intended.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Arctostaphylos morroensis 
Wies. & Schreib. (Morro manzanita) be classified as threatened and 
Cirsium fontinale var. obispoense J. T. Howell (Chorro Creek bog 
thistle), Clarkia speciosa ssp. immaculata Lewis & Lewis (Pismo 
clarkia), Eriodictyon altissimum Wells (Indian Knob mountainbalm), 
Suaeda californica Wats. (California sea-blite), and the Morro 
shoulderband snail (Helminthoglypta walkeriana) should be classified as 
endangered species. Procedures found at Section 4 of the Act and 
regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act were followed. 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). These factors and their 
application to Arctostaphylos morroensis Wies. & Schreib. (Morro 
manzanita), Cirsium fontinale var. obispoense J. T. Howell (Chorro 
Creek bog thistle), Clarkia speciosa ssp. immaculata Lewis & Lewis 
(Pismo clarkia), Eriodictyon altissimum Wells (Indian Knob 
mountainbalm), Suaeda californica Wats. (California sea-blite), and the 
Morro shoulderband snail (Helminthoglypta walkeriana) are as follows:

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

    Arctostaphylos morroensis is scattered within coastal maritime 
chaparral and oak woodland communities, ranging from the northeast side 
of Morro Bay to the south end of Montana de Oro State Park--a distance 
of less than 16 km (10 mi). The distribution of A. morroensis around 
Morro Bay has been tied to the distribution of Baywood fine sands 
(ancient wind-blown beach sands) that are also habitat for the 
endangered Morro Bay kangaroo rat (Dipodomys heermannii ssp. 
morroensis). Approximately a third of A. morroensis habitat is owned 
and managed by the CDPR (Montana de Oro State Park) but is still 
subject to alteration. Groves of non-native Eucalyptus trees that were 
planted in the early 1900's have encroached on nearby stands of A. 
morroensis (Holland et al. 1990). The CDPR initiated a stand 
containment project in 1989, which removed seedling trees that were 
established beyond the perimeter of the original groves. Current 
efforts are focused upon removal within the Hazard Canyon riparian 
corridor. If the containment project is not maintained, however, new 
expansion of the Eucalyptus into A. morroensis habitat can be 
anticipated. Recent installment of a trans-Pacific telephone cable 
resulted in the removal of approximately 300 plants in Hazard Canyon 
within the boundaries of the Park (CDPR, in litt., 1992).
    With the exception of two parcels owned by CDFG, the remaining 
habitat for Arctostaphylos morroensis is in private ownership on lands 
that surround the communities of Morro Bay, Baywood Park, and Los Osos. 
Expansion of these communities has extirpated some A. morroensis 
habitat, and much of what remains is slated for residential development 
(LSA Associates 1990; Keil 1990; Holland 1990; San Luis Obispo County 
1991) and sewage treatment ponds (Morro Group 1989).
    Eriodictyon altissimum, like Arctostaphylos morroensis, is 
scattered within coastal maritime chaparral and oak woodland 
communities, primarily near Morro Bay. Five of six extant stands occur 
within several or more square kilometers (few square miles) of each 
other, from the south side of the community of Los Osos to the north 
end of Montana de Oro State Park. Each of these stands comprises less 
than 50 plants. The sixth and largest stand, comprised of 350 
individuals, is found 24 km (15 mi) to the southeast on Indian Knob, 
between San Luis Obispo and Arroyo Grande. Two of the Morro Bay stands 
are on lands owned and managed by Montana de Oro State Park and co-
occur with A. morroensis in Hazard Canyon. Careful planning prior to 
the recent installation of a trans-Pacific telephone cable avoided 
potential impacts to individuals of the mountainbalm (CDPR, in litt., 
1992).
    Other stands in the Morro Bay area occur on private land threatened 
by residential development. One stand occurs on a parcel used by the 
community of Los Osos to evaporate sewage sludge and is being closely 
monitored by local botanists (Bittman 1985). Surface mining of tar 
sands was proposed for the Indian Knob area several years ago 
(Vanderwier 1987). Although the proposal is not currently being 
pursued, economic incentive may exist to do so in the future. The 
parcel is currently grazed by livestock. As with other members of this 
genus, Eriodictyon altissimum is thought to be adapted to ecologic 
disturbance, specifically to periodic fire within the chaparral 
community. Field botanists have noted that most stands of E. altissimum 
are mature to senescent in age and that appropriate management may be 
needed to revitalize the stands (Bittman 1985).
    Cirsium fontinale var. obispoense is restricted to open seep areas 
in serpentine soil outcrops. It probably has never been abundant due to 
its narrow habitat requirements. Most of C. fontinale var. obispoense 
is distributed between Morro Bay and San Luis Obispo. One of the two 
largest populations is found on Pennington Creek, a tributary of Chorro 
Creek, on lands managed as a biological reserve by California 
Polytechnic University, San Luis Obispo. Despite the University's 
objective to maintain the reserve in its natural state, illegal grazing 
from an adjacent cattle allotment has occurred (V.L. Holland, 
California Polytechnic University, San Luis Obispo, pers. comm., 1991). 
The type locality for Cirsium fontinale var. obispoense was surveyed 
for the plant in 1986; no plants were found, and the population is 
presumed to be extirpated (Friedman 1987). The other large population 
is found near Laguna Lake in the upper Los Osos Valley watershed, on 
lands partially owned by the City of San Luis Obispo. This population 
has been subjected to cattle grazing. Nearby urbanization has resulted 
in increased recreational use and an increase in alien plant species. 
In 1991, the city fenced off a small portion of the habitat to remove 
grazing pressures on C. fontinale var. obispoense (Tina Hall, The 
Nature Conservancy, pers. comm., 1991). Five other small populations 
occur within 8 km (5 mi) of Laguna Lake. Three of these are remote 
enough that few human-induced threats currently exist, but the other 
two are on lands that are slated for development (Friedman 1987; Morro 
Group 1988). One disjunct population occurs along San Simeon Creek, 
approximately 48 km (30 mi) northwest of the Pennington Creek 
population. This population occurs on private lands that are grazed. 
Developments proposed for adjacent parcels may remove water from the 
San Simeon Creek watershed (San Luis Obispo County 1991). Since Cirsium 
fontinale var. obispoense depends on moisture from seeps, it would be 
threatened by any proposal to divert water from the watershed above the 
seeps.
    Clarkia speciosa ssp. immaculata is restricted to pockets of dry 
sandy soils within chaparral and oak woodlands south of San Luis 
Obispo, between the town of Edna and the Nipomo Mesa area. All five 
extant populations are located on private lands. The most recent 
surveys revealed that the two largest populations, each supporting 
about 2,000 individuals, were subject to cattle grazing and to road 
grading where the plant occurs along roadsides (CDFG 1991). A third 
small population from the type locality consists of less than 100 
individuals and is subject to the effects of roadside traffic, road 
grading and herbicide spraying. A fourth population was reduced to 
about 100 individuals by residential development. A fifth population 
was discovered in 1992 in the Nipomo Mesa area during construction of a 
sedimentation basin. About 25 percent of the 800 individuals comprising 
the population were destroyed during pre-construction grading (Oyler, 
in litt., 1992). Of four other historical locations, two were 
extirpated by residential development, and two were extirpated by 
undetermined causes, most likely mowing and other secondary impacts 
associated with urban development (Myers 1987).
    Suaeda californica is discontinuously distributed around the narrow 
upper intertidal zone of Morro Bay where it is concentrated in three 
stands. One stand is located on tidal flats within Morro Bay State 
Park. A second stand, consisting of only six plants, is located within 
Sweet Springs Marsh. The third population is located within Montana de 
Oro State Park. All three stands are threatened by recreational 
activity on the tidal flats and erosion from changing hydrologic 
conditions in the intertidal zone. Sedimentation of the Bay from the 
Los Osos Creek and Chorro Creek watersheds has altered the abundance 
and distribution of marsh habitat on the east side of the bay. Dredging 
of the Bay may alter subsurface currents and affect shoreline 
stability. The CDPR is currently developing a proposal to dredge the 
marina at Morro Bay State Park; this activity will likely result in the 
removal of a dozen individual plants (U.S. Fish and Wildlife Service 
1993). S. californica was collected from a fourth location just north 
of Morro Bay but has not been seen there since 1929 (Wayne Ferren, 
pers. comm. 1991). The type locality, on Alameda Island in San 
Francisco Bay, has long since been altered by urbanization as has much 
of coastal marsh habitat along the central California coast.
    The following discussion of habitat and range of the Morro 
shoulderband snail is summarized from the report by Roth (1985). The 
Morro shoulderband snail formerly occupied primarily coastal dune scrub 
habitat along approximately 8 km (5 mi) of dunes extending into Morro 
spit, at Baywood Park, San Luis Obispo, sites between Morro Bay and 
Cayucos and probably along Morro Bay in the vicinity of Cuesta-by-the 
Sea. The snail and its habitat have been eliminated by residential and 
other development from Baywood Park, Cuesta-by-the-Sea, San Luis 
Obispo, and the sites between Cayucos and Morro Bay. Evidence of living 
Morro shoulderband snails in the past decade has been found only at a 
few sites within 3 km (2 mi) of one another in coastal dune scrub 
habitat. This habitat has been degraded by off-road vehicle activity 
and maturation of the dune vegetation.

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

    Overutilization is not currently known to be a factor for the five 
plants; but unrestricted collecting for scientific or horticultural 
purposes or excessive visits by individuals interested in seeing rare 
plants could result from increased publicity as a result of this final 
rule. The Morro shoulderband snail's extremely limited range and 
numbers and its taxonomic distinctness make it highly vulnerable to 
recreational or scientific collectors.

C. Disease or Predation

    In efforts to control alien species of thistle, the San Luis Obispo 
County Agriculture Department introduced the seed-head weevil 
(Rhinocyllus conicus) to several sites in San Luis Obispo County in the 
early 1980's. Initial reports from field botanists indicated that the 
seed-head weevils were foraging upon Cirsium fontinale var. obispoense. 
However, more recent observations indicate that since the length of the 
flowering season of the thistle far exceeds the egg-laying period of 
the weevil, predation probably accounts for only a small reduction in 
seed availability (Charles Turner, Agricultural Research Services, U.S. 
Dept. Agriculture, pers. comm., 1991). No data exist on the effects of 
disease or predation on the other plant taxa.
    Livestock grazing is believed to have caused the extirpation of 
Cirsium fontinale var. obispoense at the type locality on Chorro Creek 
(Rocco 1981). Half of the eight extant sites are on private lands that 
are grazed. Clarkia speciosa ssp. immaculata has been subject to 
livestock grazing at two of the four extant locations. Unlike C. 
fontinale var. obispoense, however, observations of field botanists 
indicate that Clarkia speciosa ssp. immaculata may be able to sustain a 
certain amount of grazing by livestock (T. Dunn, The Nature 
Conservancy, in litt. 1987).
    During his survey for Morro shoulderband snails, Hill (1974) noted 
that many of the empty large subadult shells contained vacant 
sarcophagid fly puparia, which suggested to Roth (1985) that 
``mortality from parasitoid infestation often occurs before H. 
walkeriana reaches breeding condition'' (Roth 1985). Roth (1985) also 
documented one snail that had been recently killed by a rodent.

D. The Inadequacy of Existing Regulatory Mechanisms

    Under the Native Plant Protection Act (chapter 1.5 section 1900 et 
seq. of the Fish and Game Code) and California Endangered Species Act 
(chapter 1.5 section 2050 et seq.), the California Fish and Game 
Commission has listed Clarkia speciosa ssp. immaculata, Eriodictyon 
altissimum, and Cirsium fontinale var. obispoense as endangered. Though 
both statutes prohibit the ``take'' of State-listed plants (chapter 1.5 
section 1908 and section 2080), State law appears to exempt the taking 
of such plants via habitat modification or land use change by the 
landowner. After the CDFG notifies a landowner that a State-listed 
plant grows on his or her property State law requires only that the 
landowner notify the agency ``at least 10 days in advance of changing 
the land use to allow salvage of such plant.'' (chapter 1.5 section 
1913).
    In 1991, the California Fish and Game Commission (Commission) was 
petitioned to list Arctostaphylos morroensis as a threatened species. 
However, the Commission decided that ecosystem-based regional planning 
efforts could provide adequate safeguards for the survival of A. 
morroensis. In 1993, while recognizing that ``substantial losses to 
Morro Bay manzanita habitat have occurred, and that the long-term 
survival of Morro Bay manzanita remains precarious,'' the Commission 
made a finding that listing was not warranted. In contribution to the 
regional planning efforts, the California Coastal Conservancy granted 
funding to the Land Conservancy of San Luis Obispo County to develop 
conservation strategies for the State and federally endangered Morro 
Bay kangaroo rat, as well as sensitive species, including A. 
morroensis, in the Morro Bay area. The strategies are to be developed 
in conjunction with the CDFG, the CDPR, local and county planning 
agencies, and local landowners (Land Conservancy of San Luis Obispo 
1993). Efforts to date have been hampered by a conflict in goals of the 
participating entities. Legally binding conservation measures that 
would afford protection to A. morroensis have yet to be developed.
    The Morro shoulderband snail is not specifically protected under 
State or local law. However, State park policy for Montana de Oro State 
Park calls for management programs to be prepared and implemented to 
perpetuate this and other taxa of special concern. Collection of this 
species is prohibited on State Park land except by permit. This 
protection applies only to individuals and does not prevent the effects 
of indirect human disturbance, such as recreational activities, from 
harming this species and its habitat.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    The introduction and invasion by alien plants into coastal sage 
scrub and maritime chaparral communities has adversely affected native 
flora and fauna, including Arctostaphylos morroensis and the Morro 
shoulderband snail. Williams and Williams (1984) tracked changes in 
abundance and frequency of 16 taxa in a coastal dune scrub community 
over a 10-year period on the sand spit of Morro Bay. They observed that 
differences in successional patterns in wind, lee, and ridge habitats 
were correlated with wind conditions, stabilization of dunes over time, 
and seed dispersal strategies of certain taxa. At the same time, they 
noted that the alien Mesembryanthemum chilense (seafig) had increased 
in both wind and lee positions on the spit and suggested that over 
time, M. chilense would supplant native species throughout the dune 
system.
    Another alien species, Ehrharta calcina (veldt grass), has spread 
to the Morro Bay region, probably from the area between Lompoc and the 
Nipomo Mesa, where it was planted to stabilize sandy soils (Smith 
1976). E. calcina invades not only disturbed areas, such as vacant 
lots, road cuts, and utility corridors in the Morro Bay region, it is 
also becoming naturalized within native plant communities, including 
chaparral containing Arctostaphylos morroensis in Montana de Oro State 
Park (C. Rutherford, U.S. Fish and Wildlife Service, pers. obs., 1993). 
On one vacant lot, seedlings of A. morroensis appear to be competing 
favorably with Ehrharta (LSA Associates 1992). While Ehrharta more 
likely competes for resources with herbaceous species than with 
perennials such as A. morroensis, the long-term effects of this species 
on the dynamics of native communities are not understood.
    Stands of Arctostaphylos morroensis within Montana de Oro State 
Park are being overtopped by spreading Eucalyptus plantations that were 
planted in the early 1900's. A. morroensis is not able to survive such 
encroachment, due to reduction in available soil moisture, increased 
shading, and the effects of growth-inhibiting terpenes that are 
released from the Eucalyptus (Holland et al. 1990). The General Plan 
for Montana de Oro State Park (CDPR 1988) calls for the removal of 
exotic species, including Eucalyptus, but a removal program has only 
been partially implemented.
    As mentioned under Factor ``A'', Cirsium fontinale var. obispoense 
occurs in several areas grazed by livestock. Grazing and trampling by 
livestock, coupled with mesic to hydric conditions around seeps, favors 
growth of alien plants, once they have become established. Unlike alien 
thistle taxa, C. fontinale var. obispoense is probably not able to 
compete with other alien plants.
    The Morro shoulderband snail may be experiencing competition from 
the brown garden snail (Helix aspersa). The brown garden snail, 
presumed to be an escapee from an adjacent golf course and housing 
development, has established feral populations on the spit of Morro 
Bay. Roth (1985) discussed several factors that may be the basis for 
such competition. While estivation sites and food preferences for the 
two snails differ, competition for shelter sites may limit the numbers 
of Morro shoulderband snails. The coastal dune scrub community within 
the survey area is mature to the point that lower limbs of the large 
older shrubs may be too far off the ground to offer good shelter. Roth 
(1985) found both snails occasionally using alien M. chilense, as well 
as pieces of particleboard for shelter sites, and suggested that more 
preferred shelter sites were unavailable. Increasing development 
surrounding the State Parks will increase threats from this and other 
exotic animals and plants that disperse from developed areas.
    At least several Morro shoulderband snails have been killed as a 
result of controlled burning of coastal scrub that was carried out to 
improve habitat for the endangered Morro Bay kangaroo rat within 
Montana de Oro State Park. Park staff are aware of the presence of the 
snails, have conducted pre-burn searches for them, but have not 
detected any in the areas that have been burned since Roth's first 
reported fire-caused mortalities (Vince Cicero, Montana de Oro State 
Park, pers. comm. 1991). Drought and/or heat may have contributed to 
egg mortality in the Morro shoulderband snail (Roth 1985). Other snail 
taxa that occur within California's areas of Mediterranean climate 
copulate, oviposit, and undergo an active growth phase during the rainy 
season. Roth (1985) found intact but desiccated Helminthoglypta eggs 
``scattered in considerable numbers'' within the survey area, though 
the species could not be determined. Roth (1985) suggested that this 
represented several years' accumulation of egg deposits whose viability 
may have been lowered by drought and/or heat conditions.
    Several of the plants and the Morro shoulderband snail are also 
threatened with stochastic (i.e., random) extinction due to the small 
size and isolation of the remaining populations. The limited gene pool 
may depress reproductive vigor, or a single human-caused or natural 
environmental disturbance could destroy a significant percentage of the 
individuals of these species. Depressed seed viability has recently 
been documented by Holland et al. (1990) in some stands of 
Arctostaphylos morroensis. Annual plants, such as Clarkia speciosa ssp. 
immaculata, and short-lived perennial plants, such as Cirsium fontinale 
var. obispoense, are subject to wide fluctuations in population numbers 
from year to year. Such taxa may have difficulty in maintaining a 
viable population size after a series of poor seed production years. 
While Suaeda californica is a perennial plant, the low number of 
individuals and restricted range of the plant within the widely 
fluctuating hydrologic conditions in Morro Bay also subject it to 
stochastic extinction.
    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 issue this 
final rule. These six taxa are vulnerable to one or more of the 
following threats: habitat destruction, residential development, road 
maintenance activities, competition from alien plants or the common 
garden snail, recreational activities, grazing, water diversions, 
dredging, and perhaps stochastic extinction. Based on the Service's 
evaluation of the status and threats facing these species, the 
preferred action is to list Cirsium fontinale var. obispoense, Clarkia 
speciosa ssp. immaculata, Eriodictyon altissimum, Suaeda californica, 
and the Morro shoulderband snail as endangered. Though population sizes 
for Arctostaphylos morroensis are larger than were known at the time of 
the proposal, the specific substrate requirements limit the amount of 
suitable habitat. Much of the historic habitat has already been 
destroyed, with over half of that remaining on private lands and 
lacking permanent protection or active management for the conservation 
of the species. The preferred action is to list A. morroensis as 
threatened. For the reasons discussed below, the Service is not 
proposing to designate critical habitat for these species at this time.

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 at the time the species is determined to be endangered 
or threatened. The Service finds that designation of critical habitat 
is not prudent for these species. The Service's regulations (50 CFR 
424.12(a)(1)) state that designation of critical habitat is not prudent 
when one or both of the following situations exist: (1) The species is 
imperiled by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of such threat 
to the species; or (2) such designation of critical habitat would not 
be beneficial to the species.
    In the case of Arctostaphylos morroensis, Cirsium fontinale var. 
obispoense, Clarkia speciosa ssp. immaculata, Eriodictyon altissimum, 
Suaeda californica, and the Morro shoulderband snail, the second 
criterion is met. Most populations of these species are found on state 
or private lands where Federal involvement in land-use activities does 
not generally occur. Additional protection resulting from critical 
habitat designation is achieved through the section 7 consultation 
process. Since section 7 would not apply to land-use activities 
occurring within critical habitat, its designation would not 
appreciably benefit the species. Protection of these species' habitats 
will be addressed through the recovery process.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing encourages and 
results in conservation actions by Federal, State, and private 
agencies, groups, and individuals. The Endangered Species Act provides 
for possible land acquisition and cooperation with the States and 
requires that recovery actions be carried out for all listed species. 
Such actions are initiated by the Service following listing. The 
protection required of Federal agencies and the prohibitions against 
taking and harm of the shoulderband snail and 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 being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) 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 
listed subsequently, section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of such a species or to 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    The U.S. Army Corps of Engineers (Corps) may become involved with 
Arctostaphylos morroensis through its permitting authority as described 
under section 404 of the Clean Water Act. By regulation, nationwide or 
individual permits cannot be issued where a federally listed endangered 
or threatened species would be affected by a proposed project without 
first completing formal consultation pursuant to section 7 of the Act. 
The proposal to dredge the marina at Morro Bay State Park is likely to 
involve the Corps. The Corps will also be involved with the removal of 
unexploded ordnance at Montana de Oro State Park, which may potentially 
affect habitat for A. morroensis, Eriodictyon altissimum, and the Morro 
shoulderband snail. Construction of new sewage treatment facilities are 
being contemplated by the communities surrounding Morro Bay. If any 
Federal funding or permits are required during the expansion or 
construction of new treatment facilities, those Federal agencies would 
also be subject to the requirements of section 7 of the Act. The range 
of the Morro Bay kangaroo rat, a federally listed endangered species, 
overlaps that of A. morroensis and the Morro shoulderband snail. Should 
the Service issue any permits under section 10(a)(1)(A) or 10(a)(1)(B) 
of the Act for activities related to the recovery of the Morro Bay 
kangaroo rat, the Service would be required to do an internal section 7 
consultation to assess what potential adverse effects the permitting 
action would have on other listed species and to identify measures to 
avoid or minimize such impacts.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 for endangered plants and at 50 CFR 17.71 and 17.72 
for threatened plants set forth a series of general prohibitions and 
exceptions that apply to all threatened or endangered plants. With 
respect to the four plant taxa being 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 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; or to 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, or damage or destroy any such 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 morroensis, herein being listed as threatened, would 
be subject to similar prohibitions (16 U.S.C. 1538 (a)(2)(E); 50 CFR 
17.71). 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, 17.63, and 17.72 also provide for the issuance of 
permits to carry out otherwise prohibited activities involving 
endangered plant species under certain circumstances. Requests for 
copies of the regulations on plants and inquiries regarding them may be 
addressed to the U.S. Fish and Wildlife Service, Ecological Services, 
Endangered Species Permits, 911 NE. 11th Avenue, Portland, Oregon, 
97232-4181 (Telephone 503/231-2063, Facsimile 503/231-6243).
    It is the policy of the Service (59 FR 34272) to identify to the 
maximum extent practicable those activities that would or would not 
constitute a violation of section 9 of the Act at the time of listing. 
The intent of this policy is to increase public awareness of the effect 
of the listing on proposed and ongoing activities within a species' 
range. Nearly all the presently known locations for these five plants 
are on private lands. Collection, damage or destruction of these 
species on public lands is prohibited, although in appropriate cases a 
Federal endangered species permit may be issued to allow collection. 
Removal, cutting, digging up, damaging or destroying endangered plants 
on non-Federal lands would constitute a violation of section 9 if 
conducted in knowing violation of State law or regulations, including 
State criminal trespass law. The Service is not aware of any otherwise 
lawful activities being conducted or proposed by the public that will 
be affected by this listing and result in a violation of section 9.
    Permits also may be issued to carry out otherwise prohibited 
activities involving endangered wildlife species under certain 
circumstances. Regulations governing permits are at 50 CFR 17.22 and 
17.23. Such permits are available for scientific purposes, to enhance 
the propagation or survival of the species, for incidental take in 
connection with otherwise lawful activities, and economic hardship 
under certain circumstances.
    The Act and implementing regulations found at 50 CFR 17.21 set 
forth a series of general prohibitions and exceptions that apply to all 
endangered wildlife. With respect to the Morro shoulderband snail, 
these prohibitions, in part, make it illegal for any person subject to 
the jurisdiction of the United States to take (including harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt 
any such conduct), import or export, transport in interstate or foreign 
commerce in the course of a commercial activity, or sell or offer for 
sale in interstate or foreign commerce any listed species. It is also 
illegal to possess, sell, deliver, carry, transport, or ship any such 
wildlife that has been taken illegally. Certain exceptions apply to 
agents of the Service and State conservation agencies.
    As indicated above, it is the policy of the Service (59 FR 34272) 
to identify to the maximum extent practicable those activities that 
would or would not constitute a violation of section 9 of the Act at 
the time of listing. The intent of this policy is to increase public 
awareness of the effect of this listing on proposed and ongoing 
activities within a species' range. During the public comment period 
inquiries were made as to the effect listing would have on development 
and private landowner activities. The Service believes that, based on 
the best available information, the following action will not result in 
a violation of section 9 with respect to the Morro shoulderband snail: 
momentary moving of individual snails out of danger (e.g., road, path).
    Activities that the Service believes could potentially result in 
the take of the Morro shoulderband snail, include, but are not limited 
to, unauthorized collecting or capture of the species, except as noted 
above to momentarily move an individual out of harm's way; introduction 
of exotic species (e.g., other species of snails); unauthorized 
destruction or alteration of the species' habitat (e.g., dredging, 
filling, channelization, discharge of fill material, operation of any 
vehicles); violations of discharge or withdrawal permits; pesticide 
applications in violation of label restrictions; or other illegal 
discharges or dumping of toxic chemicals, silt, or other pollutants 
into the habitat supporting the species.
    Other unauthorized activities not identified in the above two 
paragraphs will be reviewed on a case-by-case basis to determine if a 
violation of section 9 of the Act may have occurred with respect to 
this snail. The Service does not consider these lists to be exhaustive 
and provides them for the information of the public.
    The Service anticipates that few trade permits would ever be sought 
or issued for any of the five plants or the Morro shoulderband snail.

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 of 1973, as amended. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited herein is available upon 
request from the Ventura Field Office (See ADDRESSES above).

Authors

    The primary authors of this final rule are Constance Rutherford 
(plants), Ventura Field Office, U.S. Fish and Wildlife Service, 2140 
Eastman Avenue, Suite 100, Ventura, California 93003 (805/644-1766) and 
Steven M. Chambers (snail), Albuquerque Regional Office, U.S. Fish and 
Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 87103 (505/
766-3972).

List of Subjects in 50 CFR Part 17

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

Regulations Promulgation

PART 17--[AMENDED]

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended, as set forth below:
    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. Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under SNAILS, to the List of Endangered and Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                Species                                                     Vertebrate                                                  
------------------------------------------------------------------------                    population                                                  
                                                                                               where                                Critical    Special 
                                                                          Historic range    endangered     Status    When listed    habitat      rules  
            Common name                        Scientific name                                  or                                                      
                                                                                            threatened                                                  
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
               Snails                                                                                                                                   
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Snail, Morro shoulderband (=banded   Helminthoglypta walkeriana........  U.S.A. (CA)       NA            E                   567           NA         NA
 dune).                                                                                                                                                 
                                                                      * * * * * * *                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec. 17.12(h) by adding the following, in alphabetical 
order under FLOWERING PLANTS, to the List of Endangered and Threatened 
Plants to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species                                                                                                                           
----------------------------------------------------      Historic range                Family             Status    When listed    Critical    Special 
     Scientific name              Common name                                                                                       habitat      rules  
--------------------------------------------------------------------------------------------------------------------------------------------------------
     Flowering Plants                                                                                                                                   
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Arctostaphylos morroensis  Morro manzanita.........  U.S.A. (CA).............  Ericaceae...............  T                   567           NA         NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Cirsium fontinale var.     Chorro Creek bog thistle  U.S.A. (CA).............  Asteraceae..............  E                   567           NA         NA
 obispoense .                                                                                                                                           
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Clarkia speciosa ssp.      Pismo clarkia...........  U.S.A. (CA).............  Onagraceae..............  E                   567           NA         NA
 immaculata .                                                                                                                                           
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Eriodictyon altissimum ..  Indian Knob mountainbalm  U.S.A. (CA).............  Hydrophyllaceae.........  E                   567           NA         NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Suaeda californica ......  California sea-blite....  U.S.A. (CA).............  Chenopodiaceae..........  E                   567           NA         NA
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: November 14, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-30860 Filed 12-14-94; 8:45 am]
BILLING CODE 4310-55-M