Federal Register, Volume 59 Issue 240 (Thursday, December 15, 1994)

[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