[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: 94-30861]


[[Page Unknown]]

[Federal Register: December 15, 1994]


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Part X





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Species; Munz's Onion, etc. (Four 
Southwestern California Plants); Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC88

 

Endangered and Threatened Wildlife and Plants; Proposed Rule To 
List Four Southwestern California Plants as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list 
Allium munzii (Munz's onion) and Atriplex coronata var. notatior (San 
Jacinto Valley crownscale) as endangered and Brodiaea filifolia 
(thread-leaved brodiaea) and Navarretia fossalis (spreading navarretia) 
as threatened throughout their respective ranges in southwestern 
California and northwestern Baja California, Mexico, pursuant to the 
Endangered Species Act of 1973, as amended (Act). Critical habitat is 
proposed for Atriplex coronata var. notatior. These four plants occur 
in vernal pools and other wetlands or on clay soils and moist 
grasslands and are threatened by a variety of factors including: 
habitat destruction and fragmentation from agricultural and urban 
development, pipeline construction, alterations of wetland hydrology by 
draining or channelization, clay mining, off-road vehicle activity, 
cattle and sheep grazing, weed abatement, fire suppression practices, 
and competition from alien plant species. This proposed rule, if made 
final, would extend the Act's protection to these four plants.

DATES: Comments from all interested parties must be received by 
February 13, 1995. Public hearing requests must be received by January 
30, 1995.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad 
Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Fred M. Roberts, Botanist, at the 
above address (telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

    Allium munzii (Munz's onion), Brodiaea filifolia (thread-leaved 
brodiaea), Atriplex coronata var. notatior (San Jacinto Valley 
crownscale), and Navarretia fossalis (spreading navarretia) occur 
within restricted or unique habitats, often in association with a 
specific soil type or hydrologic regime, or both. The composite range 
of these four taxa encompasses the interior lowlands and foothills of 
Los Angeles, San Bernardino, Orange, and Riverside Counties south into 
coastal San Diego County, California, and northwestern Baja California, 
Mexico. Although some of these taxa are relatively wide-ranging, all 
are localized in distribution within their respective ranges because of 
the restricted and patchy nature of the habitats in which they are 
found. These four species occur in clay soils or in vernal wetlands 
that have a clay hardpan or silty alkaline substrate.
    Allium munzii and B. filifolia have strong preferences for clay 
soils. Clay soils have unique physical and chemical properties. Fine 
grain size, small pore, and an expansive nature frequently results in a 
``hardpan'' layer that inhibits water percolation and root penetration. 
Although rich in mineral content, clay soils hold tightly to soil 
nutrients resulting in low nutrient availability (Donahue et al. 1977). 
Adaption to these properties frequently results in a disproportionately 
large number of plant species (as compared to other soils types) that 
are endemic to (dependant on) clay soils. For this reason, clay soils 
are an important contributor to floristic diversity in western 
Riverside and coastal San Diego Counties.
    Navarretia fossalis is largely restricted to vernal pools, with B. 
filifolia as an occasional associate species. Vernal pools occur in 
areas with shallow depressions that have a clay hardpan soil layer that 
inhibits water percolation resulting in a perched water table during 
the winter rainy season and the following spring. Vernal pools retain 
water only long enough to support relatively few species of aquatic 
emergent plants and invertebrates. As the pools dry and the surface 
water recedes toward the center of the pool, a unique and dynamic flora 
develops in its place. Vernal pools typically occur on mesa tops or 
valley floors and are surrounded by very low hills, usually referred to 
as mima mounds (Zedler 1987).
    In western Riverside County, the Domino-Traver-Willows soil 
association (Soil Conservation Service and Bureau of Indian Affairs 
1971) in the Perris, San Jacinto, and Menifee Valleys supports a unique 
assemblage of wetland habitats including vernal wetland plains and 
alkali lake playa. These vernal plains have a calcareous hardpan layer 
near the surface and as a result, a mosaic of dryer and wetter wetland 
regimes have formed. Vernal pools are scattered throughout the area. 
Obligate wetland plant species, including Plagiobothrys leptocladus 
(alkali plagiobothrys), Psilocarphus brevisimus (woolly marbles), 
Plantago elongata (= Plantago bigelovii ssp. californica) (California 
alkali plantain), and Myosurus minimus (little mousetail), occur within 
these areas but are not confined to depressions and are frequently 
found on the surrounding flats, forming an understory to alkali 
grasslands that are dominated by Deschampsia danthanioides (annual 
hairgrass) and Hordeum depressum (low barley). Of the plants considered 
in this proposed rule, A. coronata var. notatior, B. filifolia, and N. 
fossalis are found within these habitats (D. Bramlet, California Native 
Plant Society, in litt., 1993).
    Many of the same species found on the vernal plains also occur 
within the sporadically inundated playas of San Jacinto Lake and the 
San Jacinto River in Riverside County. However, the silty, alkaline 
soils found in these areas have resulted in alkali playa and alkali 
sink scrub associations that are markedly different in plant species 
composition. These communities are dominated by Suaeda moquinii (bush 
seepweed), Atriplex argentea (silverscale), Frankenia salina (alkali 
heath), Lasthenia coulteri var. glabrata (Coulter's goldfields), 
Plagiobothrys leptocladus (alkali plagiobothrys), and Cressa 
truxillensis (alkali weed).
    Allium munzii (Munz's onion) was first collected by Philip Munz 
near Glen Ivy, Riverside County, California, in 1922 and referred to as 
A. fimbriatum var. munzii based on the suggestion of F. Owenby and H. 
Aase, noted experts on the genus Allium (Munz 1959). However, this name 
was not validly published. This error was rectified by H. Traub in 1972 
(Traub 1972). In a revision of the A. fimbriatum complex, McNeal (1992) 
elevated this taxon to species status (applying the name Allium munzii) 
based on flower morphology.
    Allium munzii is a member of the lily family (Liliaceae). It is a 
scapose perennial herb, 15 to 35 centimeters (cm) (0.5 to 1.2 feet 
(ft)) tall, originating from a bulb with a papery, reddish-brown outer 
coat and light brown inner coat. The scape is firmly attached to the 
bulb. The single leaf is generally 1.5 times as long as the scape and 
is round in cross-section (terate) and hollow. The inflorescence is 
umbellate, consisting of 10 to 35 flowers. The flowers have six white, 
or white with a red midvein, perianth segments (undifferentiated petals 
and sepals) that are 6 to 8 millimeters (mm) (0.2 to 0.3 inches (in)) 
long that become red with age. The ovary is crested with fine, 
irregularly dentate processes and the fruit is a three-lobed capsule 
(Munz 1974, McNeal 1992).
    Allium munzii can be distinguished from other members of the genus 
within its range by its single hollow and terate leaf, the shape of the 
perianth segments, flower color, and the irregularly dentate crest of 
the ovary.
    Allium munzii is restricted to mesic clay soils in western 
Riverside County, California. This species is frequently found in 
association with southern needlegrass grassland, mixed grassland, and 
open coastal sage scrub or occasionally in cismontane juniper woodlands 
(California Department of Fish and Game 1989; Steve Boyd, Herbarium 
Manager, Rancho Santa Ana Botanical Garden, pers. comm., March 1993). 
A. munzii is known from 12 extant populations, 9 of which occur on 
privately owned land. Four populations occur within the Gavilan Hills 
including one at Harford Springs County Park. Two populations occur 
within the Temescal Valley. Five small populations occur in the Paloma 
Valley, Skunk Hollow, Domenigoni Hills, and Bachelor Mountain areas. 
One population is located in the Santa Ana Mountains, in part, on 
Federal land within the Cleveland National Forest (Boyd and Mistretta 
1991).
    The Service estimates that there are about 20,000 individuals of A. 
munzii (Roberts 1993a). However, in any given year the number of 
individuals varies depending on rainfall and other factors. Few of the 
populations are large, and most cover an area from several square 
meters to 8 hectares (ha) (20 acres (ac)) in extent and contain fewer 
than 1,000 individuals.
    Atriplex coronata var. notatior (San Jacinto Valley crownscale) was 
first described by Willis Jepson in 1914, based on specimen material he 
collected in 1901 from the dried bed of San Jacinto Lake, Riverside 
County, California. This taxon was considered a minor variant in a 
monographic treatment of the genus Atriplex (Hall and Clements 1923) 
and was generally not recognized as distinct from A. coronata until 
Munz (1974) concurred in Jepson's findings in his treatment of southern 
California plants.
    Atriplex coronata var. notatior is a member of the goosefoot family 
(Chenopodiaceae). It is an erect, gray-scurfy annual, 1 to 3 decimeters 
(dm) (4 to 12 in) tall. The grayish leaves are sessile, alternate, 8 to 
20 mm (0.3 to 0.8 in) long and elliptic to ovate-triangular in outline. 
This taxon is monoecious (male and female flowers on the same plant). 
The flowers are obscure and develop spherical bracts in the fruiting 
phase. These bracts have dense tubercles that are roughly equal in 
number to the marginal teeth (Munz 1974, Taylor and Wilken 1993).
    Atriplex coronata var. notatior can be distinguished from the more 
northern A. coronata var. coronata by its erect stature, the shape of 
the bract, and the number of tubercles and marginal teeth. A. coronata 
var. notatior occurs with seven other species of Atriplex within its 
range (Bramlet 1993b). It can be distinguished from these taxa by a 
combination of characteristics, including annual habit, the shape of 
the leaf, and the size and form of the bract (Munz 1974, Taylor and 
Wilkin 1993).
    Atriplex coronata var. notatior is restricted to highly alkaline, 
silty-clay soils in association with the Traver-Domino-Willows soils 
association (see Soil Conservation Service and Bureau of Indian Affairs 
1971 for soil type descriptions). It occurs in alkali sink scrub, 
alkali playa, vernal pools, and, to a lesser extent, in alkali 
grassland communities (Bramlet 1993a). These areas are typically 
flooded by winter rains. The duration and extent of flooding is 
extremely variable from one year to the next. A. coronata var. notatior 
germinates after the water has receded. It usually flowers in April and 
May and sets fruit by May or June (D. Bramlet, in litt., 1992).
    Atriplex coronata var. notatior is restricted to the San Jacinto, 
Perris, and Menifee Valleys of western Riverside County, California. 
This taxon consists of 10 populations that are primarily associated 
with the San Jacinto River and Old Salt Creek tributary drainages.
    About 280 ha (700 ac) of nearly 2,800 ha (7,000 ac) of potential 
habitat is currently occupied by A. coronata var. notatior. Three 
population complexes contain nearly 70 percent of 76 known stands and 
over 90 percent of the individual plants. These three populations 
occupy less than 80 ha (200 ac) of habitat. The number of individuals 
in these populations varies in any given year in response to rainfall, 
extent of winter flooding, and temperature. Between 1990 and 1994, an 
estimated 78,000 plants were located. Most stands contain fewer than 
1,000 individuals and the majority of the individuals are concentrated 
in fewer than 10 stands (Roberts 1993b).
    The majority of the population complexes of A. coronata var. 
notatior, including the three largest, are located on privately owned 
lands; less than 30 percent of all known stands and only 10 percent of 
the population occur on publicly owned land. This taxon is not known to 
occur on Federal lands.
    Brodiaea filifolia was first described by Sereno Watson in 1882 
based on a specimen collected by the Parish brothers in 1880 at 
Arrowhead Hot Springs, San Bernardino County, California (Niehaus 
1971). Edward Greene (1887) transferred B. filifolia to the genus 
Hookeria. However, recent floristic treatments have not adopted 
Greene's work, and B. filifolia is the currently accepted name (Munz 
1974, Beauchamp 1986, Keator 1993).
    Brodiaea filifolia is a member of the lily family (Liliaceae). It 
is a scapose perennial originating from a dark-brown, fibrous-coated 
corm. The stems are 2 to 4 dm (8 to 16 in) tall with several narrow 
leaves that are shorter than the scape. The flowers bloom from May to 
June and are arranged in a loose umbel. The six perianth segments are 
violet, spreading, and 9 to 12 mm (0.4 to 0.5 in) long. The broad and 
notched anthers are 3 to 5 mm (0.1 to 0.2 in) long. The fruit is a 
capsule (Munz 1974, Keator 1993).
    Brodiaea filifolia can be distinguished from the other species of 
Brodiaea that occur within its range (B. orcuttii, B. jolonensis, and 
B. terrestris) by the presence of narrow, pointed staminodia and a thin 
perianth tube, which splits when in fruit (Munz 1974).
    This species typically occurs on gentle hillsides, valleys, and 
floodplains in mesic, southern needlegrass grassland and alkali 
grassland plant communities in association with clay, loamy sand, or 
alkaline silty-clay soils (California Department of Fish and Game 1981, 
Bramlet 1993a). Sites of occupation are frequently intermixed with, or 
near, vernal pool complexes, such as in the vicinity of San Marcos (San 
Diego County), the Santa Rosa Plateau, and southwest of Hemet in 
Riverside County.
    The historical range of B. filifolia extends from the foothills of 
the San Gabriel Mountains at Glendora (Los Angeles County), east to 
Arrowhead Hot Springs in the western foothills of the San Bernardino 
Mountains (San Bernardino County), and south through eastern Orange and 
western Riverside Counties to Carlsbad in northwestern San Diego 
County, California (California Natural Diversity Data Base (CNDDB) 
1992; R. Riggins, private consultant, in litt., 1993).
    Twenty-seven populations of B. filifolia are known to exist. The 
majority of the remaining populations are located on the Santa Rosa 
Plateau in southwestern Riverside County and in the Vista-San Marcos-
Carlsbad region of northwestern San Diego County. The largest 
population of this species is located on the Santa Rosa Plateau, owned 
by The Nature Conservancy (TNC). One small population was recently 
discovered on Camp Pendleton Marine Corps Base (Dawn Lawson, U.S. 
Marine Corps, range conservationist, pers. comm., 1993). All other 
extant populations are on privately owned land.
    Brodiaea filifolia occupies less than 240 ha (600 ac) of habitat. 
The total number of individuals of this species and the extent of 
occupied habitat vary on an annual basis in response to the timing and 
amount of rainfall, as well as temperature patterns. Most populations 
contain fewer than 2,000 plants and occupy less than 16 ha (40 ac). The 
largest extant population is estimated to contain over 30,000 
individuals and occupies about 20 ha (50 ac) of habitat.
    Brodiaea filifolia occasionally hybridizes with B. orcuttii and 
possibly B. joloensis, where these species coexist. At least one major 
population of plants in the vicinity of Miller Mountain (San Diego 
County) in the Cleveland National Forest appears to have individuals 
that represent B. filifolia, however, the population is a hybrid swarm 
between B. orcuttii and B. filifolia (Boyd et al. 1992).
    Navarretia fossalis (spreading navarretia) was first described by 
Reid Moran in 1977 based on a collection made by Moran in 1969 near La 
Mission in northwestern Baja California, Mexico. N. fossalis is a low, 
mostly spreading or ascending, annual herb, 10 to 15 cm (4 to 6 in) 
tall. The lower portions of the stems are mostly bare. The leaves are 
soft and finely divided, 1 to 5 cm (0.4 to 2 in) long, and spine-tipped 
when dry. The flowers are white to lavender white with linear petals 
and are arranged in flat-topped, compact, leafy heads. The fruit is an 
ovoid, 2-chambered capsule (Moran 1977, Day 1993).
    Several other species within the genus occur within the range of N. 
fossalis. Two of these species, N. intertexta and N. prostrata, can 
occur in similar habitat. N. fossalis can be distinguished from these 
species by the size and shape of the calyx, the position of the corolla 
(as compared to the calyx), and the form of the corolla lobes. All 
Navarretia species can be distinguished by the appearance of the pollen 
grain surface (Day 1993; S. Spencer, Rancho Santa Ana Botanic Garden, 
in litt., 1993)
    The primary habitat of N. fossalis is vernal pools. This species 
occasionally occurs in ditches and other artificial depressions. 
However, these depressions often occur within degraded vernal pool 
habitat (Moran 1977). In western Riverside County, N. fossalis has been 
found in relatively undisturbed and moderately disturbed vernal pools 
within a larger vernal wetland plain dominated by alkali grassland 
(Bramlet 1993a).
    Navarretia fossalis is distributed from western Riverside County 
south through coastal San Diego County, California to San Quintin in 
northwestern Baja California, Mexico. Fewer than 30 populations exist 
in the United States. Nearly 60 percent of these populations are 
concentrated in three locations: on Otay Mesa in southern San Diego 
County, along the San Jacinto River in western Riverside County, and 
near Hemet in Riverside County (Bauder 1986, California Native 
Diversity Data Base 1993, Bramlet 1993a).
    The number of individuals of N. fossalis varies on an annual basis 
in response to the timing and amount of rainfall and temperature. In 
Riverside County, at least one population contains 300,000 individuals. 
Another population contains 75,000 individuals. However, each of these 
populations occupies less than 8 ha (20 ac) of habitat and the majority 
of individuals occupy an area of less than 1 ha (2 ac) (D. Bramlet, in 
litt., 1992). Most populations contain fewer than 1,000 individuals and 
occupy less than 0.5 ha (1 acre) of habitat. The Service estimates that 
less than 120 ha (300 ac) of habitat in the United States is occupied 
by this species.
    The majority of N. fossalis populations are on privately owned 
lands. Two populations occur on lands with public or Federal ownership: 
Camp Pendleton Marine Corps Base and Miramar Naval Air Station.
    In Mexico, N. fossalis is known from fewer than 10 populations 
clustered in three areas: along the international border; on the 
plateaus south of the Rio Guadelupe; and on the San Quintin coastal 
plain (Moran 1977).

Previous Federal Action

    Federal government action on the four plant taxa considered in this 
rule 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 and presented to Congress on January 9, 1975, recommended B. 
filifolia for endangered status. The Service published a notice in the 
July 1, 1975, Federal Register (40 FR 27823), of its acceptance of the 
report as a petition within the context of section 4(c)(2) (now section 
4(b)(3)(A)) of the Act and of the Service's intention to review the 
status of the plant taxa named therein, including B. filifolia. The 
Service published a proposal in the June 16, 1976, Federal Register (42 
FR 24523) to determine approximately 1,700 vascular plants to be 
endangered species pursuant to section 4 of the Act. B. filifolia was 
also included in this Federal Register notice.
    General comments received in response to the 1976 proposal were 
summarized in the April 26, 1978, Federal Register (43 FR 17909). The 
Endangered Species Act amendments of 1978 required all proposals over 2 
years old to be withdrawn, although a 1-year grace period was given to 
those proposals already over 2 years old. In the December 10, 1979, 
Federal Register (44 FR 70796), the Service published a notice of 
withdrawal for that portion of the June 6, 1976, proposal that had not 
been made final, along with four other proposals that had expired.
    The Service published an updated notice of review of plants in the 
Federal Register on December 15, 1980 (45 FR 82480). This notice 
included B. filifolia and N. fossalis as category 1 candidate taxa 
(species for which data in the Service's possession are sufficient to 
support a proposal for listing). On November 28, 1983, the Service 
published a supplement to the Notice of Review in the Federal Register 
(48 FR 53640). The plant Notice of Review was again revised on 
September 27, 1985 (50 FR 39526). B. filifolia and N. fossalis were 
included in the 1983 and 1985 supplements as category 2 candidate taxa 
(species for which data in the Service's possession indicate listing 
may be appropriate, but for which additional biological information is 
needed to support a proposed rule). A. fimbriatum var. munzii (now 
treated as A. munzii) was included in the 1985 Notice of Review as a 
category 2 taxon. On February 21, 1990, a revised Notice of Review was 
published in the Federal Register (55 FR 6184) that included A. 
fimbriatum var. munzii and B. filifolia as category 1 candidate taxa, 
and A. coronata var. notatior as a category 2 candidate taxon; the 
status of N. fossalis remained unchanged from the 1985 Notice of 
Review. All four plant taxa were listed as category 1 candidate species 
in the September 30, 1993, Notice of Review (58 FR 51144).
    Section 4(b)(3)(B) of the Endangered Species Act of 1973, as 
amended in 1982, requires the Secretary to make findings on pending 
petitions within 12 months of their receipt. Section 4(b)(3)(C)(1) of 
the Act further requires that all petitions pending on October 13, 
1982, be treated as having been newly submitted on that date. That was 
the case for B. filifolia because the 1975 Smithsonian report had been 
accepted as a petition. In October of 1983, 1984, 1985, 1986, 1987, 
1988, 1989, 1990, 1991, and 1992, the Service found that the petitioned 
listing of this species was warranted, but precluded by other pending 
listing proposals of higher priority. Publication of this proposal 
constitutes the final warranted finding for this taxon.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) 
and regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act set forth the procedures for adding species to 
the Federal lists. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1). These factors and their application to Allium munzii 
(Traub) McNeal (Munz's onion), Atriplex coronata Wats. var. notatior 
Jepson (San Jacinto Valley crownscale), Brodiaea filifolia Wats. 
(thread-leaved brodiaea), and Navarretia fossalis Moran (spreading 
navarretia) are discussed below and summarized in Table 1.

                                          Table 1.--Summary of Threats                                          
----------------------------------------------------------------------------------------------------------------
                                                                         Threats                                
                                       -------------------------------------------------------------------------
                Species                                                       Alteration                        
                                        Urbanization   ORV1 use     Mining        of       Trampling     Alien  
                                         agriculture                           hydrology    grazing     species 
----------------------------------------------------------------------------------------------------------------
Allium munzii.........................           X            X           X   ..........          X           X 
Atriplex coronata var. notatior.......           X            X   ..........          X           X           X 
Brodiaea filifolia....................           X    ..........  ..........  ..........          X           X 
Navarretia fossalis...................           X            X   ..........          X           X           X 
----------------------------------------------------------------------------------------------------------------
1 ORV = off road vehicle.                                                                                       

    A. The present or threatened destruction, modification, or 
curtailment of their habitat or range. The natural plant communities of 
coastal Orange and San Diego Counties, western Riverside and 
southwestern San Bernardino Counties, California, and northwestern Baja 
California, Mexico, have undergone significant changes as a result of 
both direct and indirect human-caused activities. The rapid 
urbanization of this region (which currently harbors over 17 million 
people) has already eliminated a significant portion of the habitat for 
these four taxa. The remaining patches of habitat are frequently 
isolated, degraded, and/or fragmented by agricultural practices, 
streambed channelization and other hydrological alterations, weed 
abatement, fire suppression practices, grazing, and mining.
    Allium munzii occurs in open coastal sage scrub and mesic native 
perennial grasslands. B. filifolia is known to occur in mesic native 
perennial grasslands. These communities have undergone significant 
reductions due to urban and agricultural development (Fish and Wildlife 
Service 1993, Oberbauer and Vanderweir 1991). Approximately 59 percent 
of the coastal sage scrub in Riverside County has been destroyed since 
1945 and as much as 71 percent has been destroyed since 1930 (Fish and 
Wildlife Service 1993). In San Diego County, 95 percent of the native 
perennial grasslands and 72 percent of the coastal sage scrub have been 
destroyed (Oberbauer and Vanderweir 1991).
    Little is known concerning the historical distribution of A. 
munzii. However, as much as 80 to 90 percent of the clay soils in 
western Riverside County that may have supported habitat for A. munzii 
have been adversely modified through extensive agriculture, 
urbanization, and clay mining (California Department of Fish and Game 
1989).
    Allium munzii has recently been extirpated from at least two sites 
as a result of either agricultural development or clay mining. Other 
populations of this species have been reduced in terms of available 
habitat and numbers. One population of A. munzii was partially 
eliminated in 1982 by the realignment of the Interstate 15 freeway 
corridor in the Temescal Valley of Riverside County (Roberts 1993a). 
Another population was reduced when a portion of its habitat was 
inundated for a reservoir (California Department of Fish and Game 
1989).
    Discing for the purpose of weed abatement or dry land farming 
results in habitat loss and population declines of A. munzii. Discing, 
combined with impacts from off-road vehicle activity, has recently 
affected over 30 percent of the population of A. munzii. (Steve Boyd 
and Dave Bramlet, pers. comm., 1993)
    Of 12 known populations of A. munzii, 3 occur within major proposed 
development projects. One of these proposed projects will eliminate all 
of the A. munzii and much of its potential habitat within the project 
boundaries (Roberts 1993a).
    Over 25 percent of B. filifolia populations have been eliminated by 
urbanization and agricultural conversion. One of the two largest 
populations of this species occurs in the Vista-San Marcos-Carlsbad 
region of northwestern San Diego County; nearly half of this population 
has been eliminated (California Native Diversity Data Base 1993; Wayne 
Armstrong, Palomar College, pers. comm., 1993). Over the last 15 years, 
nearly 60 ha (150 ac) of occupied habitat containing over 80,000 plants 
have been eliminated in the cities of San Marcos and Vista (CNDDB 1992; 
Taylor and Burkhart 1992; Wayne Armstrong, pers. comm., 1993). 
Urbanization continues to be the most significant threat to this 
species. Over 25 percent of the remaining populations of B. filifolia 
in San Diego and Riverside Counties are currently within proposed or 
approved development projects. It is probable that the only known 
population of B. filifolia reported for San Bernardino County in nearly 
70 years will be removed by a major pipeline project (Robert Thorne, 
Rancho Santa Ana Botanical Garden, pers. comm., 1993; Edna Rey, U.S. 
Fish and Wildlife Service, pers. comm., 1993).
    The only population of B. filifolia known to occur on Federal land 
was recently discovered within an abandoned weapons impact area on Camp 
Pendleton Marine Corps Base in San Diego County (Dawn Lawson, pers. 
comm., 1993).
    At least one population of B. filifolia is associated with mesic 
grasslands that occur in association with vernal pools. This population 
occurs on 26 ha (65 ac) of habitat located near downtown San Marcos in 
San Diego County. Although the site is not currently within a planned 
project, the landowner intends to develop the site (Wayne Armstrong, 
pers. comm., 1993). This area also contains a small population of N. 
fossalis and a diverse number of other sensitive plant taxa.
    Vernal pools have undergone an extraordinary reduction in number 
and have nearly been eliminated in Los Angeles, Orange, and San Diego 
Counties, California, and greatly reduced in Riverside County. In San 
Diego County, over 97 percent of vernal pool habitat occupied, in part, 
by N. fossalis, had been lost by 1990 (Bauder 1986, Oberbauer and 
Vanderweir 1991).
    Loss estimates for vernal pools and vernal wetlands in Riverside 
County are less certain and are based on the status of soil types that 
support these kinds of habitat. The Service estimates that about 12,800 
ha (32,000 ac) in the Perris, western San Jacinto, and Menifee Valleys 
were historically dominated by alkali scrub, alkali playa, alkali 
grassland, or vernal pool plant communities and contained significant 
populations of B. filifolia, A. coronata var. notatior, and N. 
fossalis. About 75 percent of this area is currently under a 
combination of intensive cultivation, urbanization, or channelization; 
is being filled; or is otherwise highly disturbed. A significant 
portion of the remaining 2,800 ha (7,000 ac) has been disturbed (Tierra 
Madre Consultants 1992, Roberts 1993b).
    Extant populations of A. coronata var. notatior, B. filifolia, and 
N. fossalis are associated with the San Jacinto River and a tributary 
of Old Salt Creek just west of the city of Hemet. Much of this area has 
been subject to dry land farming or irrigated farming at some time 
during the last 100 years. However, a 5-year drought contributed 
significantly to a reduction in agricultural activity, particularly 
along the San Jacinto River. Conversely, in some areas, the soils have 
routinely been too wet and too alkaline for dry land farming. Both of 
these factors have contributed to the continued existence of these taxa 
in this area.
    Major commercial and urban development, transportation, and flood 
control projects have been proposed in General and Specific Plans for 
both the San Jacinto River Valley and the area west of Hemet. According 
to documents on file with the County of Riverside and the City of 
Perris, these proposals will result in over 19,000 new residential 
units, as well as hotel and commercial developments encompassing over 
3,200 ha (8,000 ac) (Riverside County Planning Department 1991; Louis 
Massey, Department of Planning, City of Perris, pers. comm., 1993; Mark 
Goldberg, City of Hemet, pers. comm., 1993). These projects will reduce 
potential habitat for A. coronata var. notatior, N. fossalis, and B. 
filifolia over 1,400 ha (3,500 ac) (Roberts 1993b). These projects will 
destroy over 45 percent of the A. coronata var. notatior populations 
and at least 70 percent of the N. fossalis populations within the 
project areas.
    Although the urbanization that will result from these major 
projects and others associated with the cities of San Jacinto and Hemet 
may not occur for 2 to 5 years, these same areas are more imminently 
threatened by a recent increase in pipeline construction, dry land 
farming, and weed abatement activities.
    Three pipeline projects have recently destroyed vernal pool, alkali 
grassland, and alkali playa habitat and directly impacted several 
populations of A. coronata var. notatior, N. fossalis and at least one 
historical site for B. filifolia in the San Jacinto River floodplain 
near Hemet (Roger Turner, Eastern Municipal Water District, pers. 
comm., 1992, 1993; Tierra Madre Consultants 1992).
    In 1993, over 200 ha (500 ac) of occupied or potential habitat for 
A. coronata var. notatior, B. filifolia, and N. fossalis were disced 
for weed abatement or fire suppression purposes (Roberts 1993b). In 
June 1993, an additional 80 ha (200 ac) of habitat containing A. 
coronata var. notatior and N. fossalis were disced and seeded for dry 
land farming (Bill Sweeney, landowner, pers. comm., 1993). At least 13 
stands of A. coronata var. notatior have been adversely modified since 
1990, including 2 of the largest. This has resulted in the potential 
loss of nearly 14 percent of the plants (Roberts 1993b).
    Navarretia fossalis also occurred historically in the vicinity of 
Murrieta Hot Springs in Riverside County during the 1920's (Spencer, in 
litt., 1993). Much of the Murrieta Hot Spring area has been urbanized 
or converted to agriculture resulting in a significant reduction and 
fragmentation of potential N. fossalis habitat (Service, unpublished 
data).
    In San Diego County, N. fossalis occurs within vernal pool 
complexes (Bauder 1986, California Native Diversity Data Base 1993, 
Hogan and Belk 1992). These areas have been and continue to be impacted 
by urbanization and agricultural conversion (Bauder 1986; Nancy Gilbert 
and Ellen Berryman, U.S. Fish and Wildlife Service, pers. comm., 1993).
    The largest concentration of N. fossalis occurs on Otay Mesa in San 
Diego County. At least 37 proposed Precise Plans and Tentative Maps for 
development have been filed pursuant to the California Environmental 
Quality Act for this area. These plans encompass about 80 percent of 
the undeveloped portion of the mesa within the jurisdiction of the city 
of San Diego and virtually all but four of the remaining vernal pool 
complexes. Several of these projects will impact N. fossalis. At least 
one major transportation project has been proposed for Otay Mesa and 
could potentially impact vernal pools that are occupied by N. fossalis 
(California Department of Transportation 1993).
    Navarretia fossalis are found on Federal lands managed by the Navy: 
Miramar Naval Air Station and Camp Pendleton Marine Corps Base. These 
lands are used, in part, for military training activities that involve 
off-road vehicle maneuvers that adversely impact this species (Hogan 
and Belk 1992).
    Trash dumping has also degraded vernal pools in San Diego County. 
Chunks of concrete, tires, refrigerators, furniture, and other pieces 
of garbage or debris have been found in pools containing N. fossalis. 
This trash crushes or shades vernal pool plants, disrupts the 
hydrologic functions of the pool, and, in some cases, may release toxic 
substances.
    Vernal pools in Riverside and San Diego Counties and, to a lesser 
extent, the alkali wetland habitats of Riverside County have also been 
degraded by off-road vehicles. These vehicles compact soils, crush 
plants when water is present, cause turbidity, and leave deep ruts. 
This type of damage may alter the microhydrology of the pools. Dirt 
roads that go through or adjacent to pools are widened as motorists try 
to avoid mud puddles, and, in this way, the pools are gradually 
destroyed.
    The vernal pool, alkali grassland, alkali playa, and alkali sink 
habitats upon which N. fossalis and A. coronata var. notatior and, to a 
lesser extent, B. filifolia depend are also vulnerable to indirect 
destruction due to an alteration of the supporting watershed. An 
increase in water due to urban run-off leads to increased inundation 
and makes pools vulnerable to invasion by marshy plant species 
resulting in decreased abundance of obligate vernal pool taxa. At the 
other extreme, some pools and alkali wetlands have been drained or 
blocked from their source of water and have shown an increased 
domination by upland plant species. Of the species considered herein, 
N. fossalis is the most vulnerable to alterations in hydrology.
    Development projects adjacent to vernal pools and alkali wetlands 
are often responsible for adverse alterations in drainage. Hydrological 
alterations are sometimes a result of agricultural development, or a 
combination of urban development and agriculture. This situation is 
exemplified by recent activities near Hemet in Riverside County, 
California. In 1989, drainage structures were constructed within alkali 
grassland and vernal pools west of Hemet in association with an Auto 
Mall (Mark Goldberg, pers. comm., 1993). These structures have 
significantly reduced standing water and are responsible for the 
gradual drying of wetland vegetation as evidenced by relic stands of 
Eleocharis palustris and other obligate wetland species (Wayne Ferren, 
University of California, Santa Barbara, pers. comm., 1993). 
Historically, wetlands have been drained for agriculture. In this case, 
the land becomes suitable for urban development.
    Livestock grazing typically changes the composition of native plant 
communities by reducing or eliminating those species that cannot 
withstand grazing and trampling and by enabling more resistant (usually 
non-native) species to increase in abundance. Taxa that were not 
previously part of the native flora may be introduced and flourish 
under a grazing regime and may reduce or replace native species through 
competition for resources. Plants within vernal pools or adjacent 
alkali grasslands, playa, or scrub habitats may be trampled and killed 
or grazed prior to seed production.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization is not currently a known threat 
factor for the four taxa considered herein.
    C. Disease or predation. Neither disease nor natural predation are 
known to be a factor for the four plant taxa. Cattle grazing occurs on 
Otay Mesa in areas where several vernal pool complexes contain N. 
fossalis. Intensive sheep grazing occurs west of Hemet and along the 
San Jacinto River in habitat occupied by N. fossalis, A. coronata var. 
notatior, and B. filifolia. A. munzii is not a forage plant utilized by 
domestic livestock, so far as can be determined by the Service.
    D. The inadequacy of existing regulatory mechanisms. Existing 
regulatory mechanisms that could provide some protection for these 
species include: (1) listing under the California Endangered Species 
Act; (2) consideration under the California Environmental Quality Act; 
(3) implementation of conservation plans pursuant to the State of 
California's Natural Community Conservation Planning Act of 1991; (4) 
section 404 of the Federal Clean Water Act; (5) occurrence with other 
species protected by the Federal Endangered Species Act; (6) land 
acquisition and management by Federal, State, or local agencies, or by 
private groups and organizations; (7) local laws and regulations; and 
(8) Mexican law.
    The California Fish and Game Commission has listed B. filifolia as 
endangered and A. munzii (=A. fimbriatum var. munzii) as threatened 
under the Native Plant Protection Act (NPPA) (Div. 2, chapter 10, 
section 1900 et seq. of the California Fish and Game Code) and the 
California Endangered Species Act (CESA) (Div. 3, chapter 1.5, section 
2050 et seq.). A. coronata var. notatior and N. fossalis are included 
on Lists 1A, 1B, or 2 of the California Native Plant Society's 
Inventory (Smith and Berg 1988), which, in accordance with section 
1901, chapter 10 of the California Department of Fish and Game Code, 
makes them eligible for State listing. Although NPPA and CESA both 
prohibit the ``take'' of State-listed plants (chapters 10 and 1.5, 
sections 1908 and 2080, respectively), these existing statutes appear 
inadequate to protect against the taking of such plants via habitat 
modification or land use change by the landowner. After the Department 
notifies a landowner that a State-listed plant grows on his or her 
property, the Fish and Game Code 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 10, section 1913).
    In addition, development proposals in Carlsbad (San Diego County) 
and in the Gavilan Hills (Riverside County) that involve direct impacts 
to A. munzii and B. filifolia have proceeded without notification to 
with the Department (Roberts 1993(a); Jim Dice, California Department 
of Fish and Game, pers. comm., 1993). In another case, a landowner 
disced a stand of N. fossalis growing with the State-listed Orcuttia 
californica for fire control without notifying the California 
Department of Fish and Game (Howard Windsor, Riverside County Fire 
Department, pers. comm., 1993).
    The majority of the known populations of the four taxa considered 
herein occur on privately owned land. Local lead agencies empowered to 
uphold and enforce the regulations of the California Environmental 
Quality Act (CEQA) have made determinations that have or will adversely 
affect A. munzii, A. coronata var. notatior, B. filifolia, and N. 
fossalis. Required biological surveys are often inadequate and project 
proponents may ignore the results of surveys if occurrences of 
sensitive species are viewed as a constraint on project design. 
Mitigation measures used to condition project approvals are essentially 
experimental and fail to adequately guarantee long-term protection of 
sustainable populations. Relocation attempts have failed. Project 
designs have also failed to provide an adequate buffer zone around 
sensitive plant populations to protect their long-term viability 
(WESTEC 1988, D. Bramlet, in litt., 1992, Hogan and Belk 1992, S. Boyd, 
pers. comm., 1993, M. Simovich, pers. comm., 1993).
    Even though impacts to rare plant taxa including N. fossalis, B. 
filifolia, and A. coronata var. notatior were considered significant 
under CEQA when several pipeline projects and Specific Plans were 
proposed in Riverside County, California, only A. coronata var. 
notatior was consistently considered in the environmental impact 
analyses. These projects proposed either no or inadequate mitigation 
for impacts to sensitive plant taxa (D. Bramlet, in litt., 1992; 
Roberts 1993b). In another case, a major development in San Marcos (San 
Diego County) resulted in a 70 percent reduction in B. filifolia 
habitat. Although 5 ha (12 ac) were set aside for preservation of this 
species, the preserve is surrounded by residential development, has 
inadequate buffers, and is poorly configured (WESTEC 1988).
    The State of California has established the Natural Community 
Conservation Planning (NCCP) program to address the conservation needs 
of natural ecosystems throughout the State. The initial focus of this 
program is the coastal sage scrub community. A. munzii has been 
included as one of the species for consideration under the Coastal Sage 
Scrub NCCP Program. However, only 3 of 12 populations of A. munzii that 
occur on private lands have been enrolled in this voluntary program. At 
the present time, no plans have been completed or implemented, and no 
protection is currently provided by the NCCP program to the taxa 
considered herein.
    Under section 404 of the Clean Water Act, the U.S. Army Corps of 
Engineers (Corps) regulates the discharge of fill into waters of the 
United States, including navigable waters, wetlands (e.g., vernal 
pools), and other waters. The Clean Water Act requires project 
proponents to obtain a permit from the Corps prior to undertaking many 
activities (e.g., grading, discharge of soil or other fill material) 
that would result in the fill of wetlands under the Corps' 
jurisdiction. The Corps promulgated Nationwide Permit Number 26 (see 33 
CFR 330.5(a)(26)) to address fill of isolated or headwater wetlands 
totalling less than 4 ha (10 ac). Under Nationwide Permit 26, proposals 
that involve the fill of wetlands less than 0.4 ha (1 ac) are 
considered authorized. Where fill would adversely modify between 0.4 to 
4 ha (1 to 10 ac) of wetland, the Corps circulates a predischarge 
notification to the Service and other interested parties for comment to 
determine whether or not an individual permit should be required for a 
proposed fill activity and associated impacts.
    Individual permits are required for the discharge of fill material 
that would fill or adversely modify greater than 4 ha (10 ac) of 
wetlands. The review process for the issuance of individual permits is 
more rigorous than for nationwide permits. Unlike nationwide permits, 
an analysis of cumulative wetland impacts is required for individual 
permit applications. Resulting permits may include special conditions 
that require the avoidance or mitigation of environmental impacts. On 
nationwide permits, the Corps has discretionary authority to require an 
applicant to seek an individual permit if the Corps believes that the 
resources are sufficiently important, regardless of the wetland's size. 
In practice, the Corps rarely requires an individual permit when a 
project would qualify for a nationwide permit, unless a threatened or 
endangered species or other significant resources might be adversely 
affected by the proposed activity.
    Atriplex coronata var. notatior and N. fossalis could potentially 
be affected by projects requiring a permit from the Corps under section 
404 of the Clean Water Act. Although the objective of the Clean Water 
Act is to ``restore and maintain the chemical, physical, and biological 
integrity of the Nation's waters'' (33 U.S.C. 1341 et seq.), which 
include navigable and isolated waters, headwaters, and adjacent 
wetlands, no specific provisions adequately address the need to 
conserve candidate species such as those considered herein.
    In Riverside County, the Corps has not required a permit or 
mitigation for filling of wetland habitat occupied by A. coronata var. 
notatior, N. fossalis, or B. filifolia in instances where the land had 
previously been used for agriculture or where the wetland was 
determined not to be within the jurisdiction of the Corps. The Corps 
has indicated a lack of certainty over whether hydric soils existed on 
the site, even though hydric vegetation and hydrologic features were 
present (Service, in litt., 1993). Even if the Corps establishes 
jurisdiction under the Clean Water Act over vernal pools, this does not 
ensure their protection. At least two vernal pool complexes under Corps 
jurisdiction in San Diego County have been destroyed or degraded 
without a section 404 permit (Jim Dice, pers. comm., 1993; Carrie 
Phillips, U.S. Fish and Wildlife Service, pers. comm., 1993).
    The Endangered Species Act of 1973, as amended, (Act) may 
incidentally afford protection to the species under consideration in 
this proposal if they co-exist with species already listed as 
threatened or endangered under the Act. Pogogyne abramsii (San Diego 
mesa mint), Pogogyne nudiscula (Otay Mesa mint), Orcuttia californica 
(California Orcutt grass), Eryngium aristulatum var. parishii (San 
Diego button celery), and the Riverside fairy shrimp (Streptocephalus 
wootoni) are listed as endangered under the Act and occur in the same 
habitat as several of the taxa considered in this proposal. However, 
these species are generally not found in the same vernal pool complexes 
as the taxa considered in this proposal. N. fossalis co-exists with 
other listed species in only seven vernal pool complexes (one in 
Riverside County, six in San Diego County).
    The Stephens' kangaroo rat (Dipodomys stephensi) is listed as 
endangered and the coastal California gnatcatcher (Polioptila 
californica) is listed as threatened under the Act. These species occur 
in coastal sage scrub (gnatcatcher) and grassland (kangaroo rat) 
habitats. Although A. munzii is known from similar habitats, less than 
30 percent of its population overlaps known populations of these listed 
animals. Where overlap does occur, the A. munzii populations are either 
already preserved or potentially protected from development by other 
regulations. However, in these cases, A. munzii is still threatened by 
off-road vehicle activity and exotic plant species.
    Land acquisition and management by Federal, State, or local 
agencies or by private groups and organizations has contributed to the 
protection of some localities inhabited by the taxa under consideration 
in this proposal. However, as discussed below, these efforts are often 
directed at other species and are inadequate to assure the long-term 
survival of the taxa considered in this proposal.
    Allium munzii is found in the Cleveland National Forest and is 
recognized by the Forest Service as a sensitive species (Forest Service 
1992). The Forest Service has policies to protect sensitive plant taxa, 
including attempting to establish these species in suitable or historic 
habitat, and encouraging land ownership adjustments to acquire and 
protect sensitive plant habitat. To this end, the Forest Service (1992) 
has released a Management Guide for A. munzii. However, only a portion 
of a single population actually occurs within the Cleveland National 
Forest, and it continues to be threatened by off-road vehicle activity.
    The Service recently entered into a Memorandum of Understanding 
(MOU) with local jurisdictions in Riverside County, the California 
Department of Fish and Game, and the Corps concerning channelization of 
the San Jacinto River and protection of A. coronata var. notatior 
habitat along the river. The purpose of this MOU is to reconcile 
conflicts between the conservation of this floodplain species and 
proposed flood control measures associated with major urban development 
plans. New information on the distribution of A. coronata var. notatior 
indicates that less than 10 percent of its population would be 
protected in the project area. The MOU does not address the 
conservation of N. fossalis, B. filifolia, or other rare plant taxa 
that also occur within the project area. The proposed project could 
result in significant urban development and hydrological alterations 
that will contribute to the decline of all these taxa. The MOU has no 
binding control over private land use. In 1993, about 160 ha (400 ac) 
within a potential preserve area for A. coronata var. notatior were 
disced, apparently as weed abatement. It is noteworthy that the 
location of these 160 ha (400 ac) coincides with the location of 
proposed development project areas (Roberts 1993b).
    At least two of the taxa considered herein occur within the San 
Jacinto Wildlife Preserve, which is managed by the State of California. 
Although this preserve provides protection from urbanization and 
agriculture, it was originally established to maintain waterfowl 
hunting along the San Jacinto River. In meeting this objective, a 
significant area of habitat for the taxa considered in this proposal 
has been converted into waterfowl habitat and planted with exotic 
grasses as food for migrating waterfowl. Habitat within the preserve is 
also threatened, in part, with destruction from construction of utility 
lines (Metropolitan Water District of Southern California 1992).
    The Santa Rosa Plateau Preserve is managed by The Nature 
Conservancy and contains the largest remaining population complex of B. 
filifolia and a single, small population of N. fossalis. Although these 
populations are managed for long-term protection and viability, they 
represent only a fraction of the range of either species and do not 
adequately ensure the continued existence of these species.
    The County of Riverside has initiated the preparation of a Multi-
Species Habitat Conservation Plan (MSHCP). Although the intent of this 
plan is to identify and acquire areas with high biological diversity 
and sensitive species, the program is focused on animal species. Plant 
taxa are not well represented. The MSHCP has identified potential 
acquisition areas and has made limited land acquisitions. These areas, 
as currently proposed, will not provide for the long-term survival of 
A. munzii, N. fossalis, or B. filifolia. The largest known A. coronata 
var. notatior population is within a potential acquisition area. 
However, this site is still threatened by seasonal agricultural 
activities.
    Local laws and regulations potentially offer some protection to 
species considered within this proposal but these laws and regulations 
are subject to overriding considerations, are seldom enforced, and, in 
some cases, are conflicting. For example, the city of Hemet General 
Plan requires that biological surveys be conducted at sites that may 
contain sensitive plants prior to alteration of a site for development. 
However, the City has also adopted an ordinance that requires vacant 
land to be cleared for weed abatement (Ron Wrench, City of Hemet, Fire 
Department, pers. comm., 1993). This activity has contributed to the 
decline of A. coronata var. notatior, N. fossalis, and other sensitive 
plant species for which the City general plan requires surveys.
    Habitat in Riverside County for A. coronata var. notatior, N. 
fossalis, and B. filifolia has been degraded by discing for weed 
abatement and fire management purposes. County ordinances require that 
parcels smaller than 2 ha (5 ac) and up to 30 meters (100 feet) 
adjacent to roads be cleared to reduce the potential for fire (Howard 
Windsor, Riverside County Fire Abatement, pers. comm., 1993). These 
activities have contributed to the decline of N. fossalis and the 
Federal endangered Orcuttia californica. In some cases, landowners have 
exceeded the clearing requirements resulting in additional reduction of 
sensitive plant populations and the adverse modification of their 
habitat.
    Navarretia fossalis also occurs in northwestern Baja California, 
Mexico. The Service is not aware of any existing regulatory mechanisms 
in Mexico that would protect this taxon or its habitat. Although Mexico 
has laws that could provide protection to rare plants, these laws are 
not easily enforced.
    E. Other natural or manmade factors affecting their continued 
existence. Non-native species of grasses and forbs have invaded many of 
southern California's plant communities. Their presence and abundance 
are often an indirect result of habitat disturbance from grazing, 
development, mining, discing, and alteration of hydrology. All four 
plant taxa considered in this proposal are subject to displacement by 
such alien plant species.
    Many vernal pools on Otay Mesa and in San Marcos (San Diego County) 
have become dominated by Lolium perenne. This alien plant species is 
tolerant of inundation and displaces native species such as N. fossalis 
and B. filifolia. Other non-native grass species such as Avena barbata 
and Bromus rubens are dominate on the clay soils required by A. munzii. 
In Riverside County, Crypsis niliaca, an aggressive alien grass, has 
been seeded as a food source for migratory waterfowl along the San 
Jacinto River. This species is becoming widespread and has replaced or 
is in the process of replacing native vernal pool and other native 
species, including N. fossalis, B. filifolia, and A. coronata var. 
notatior, on the San Jacinto Wildlife Preserve and other areas west of 
Hemet (D. Bramlet, in litt., 1992).
    The taxa under consideration in this proposal are highly reliant on 
seasonal rainfall. Drier conditions, such as those that prevailed from 
1986 to 1992, reduce the number of individuals in populations. Climatic 
conditions stress species and reduce germination and survival rates. 
Negative effects of habitat loss and degradation from other factors 
including development, discing, and grazing, when combined with 
climatic conditions, increase the level of threat to the involved 
species.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these four taxa in determining to propose this 
rule. Based on this evaluation, the Service finds that Allium munzii 
and A. coronata var. notatior are in danger of extinction throughout 
all or a significant portion of their ranges. Both taxa are threatened 
by urbanization and agricultural development, off-road vehicle use, 
trampling and grazing by cattle and sheep, and competition from exotic 
plant taxa. A. munzii is also threatened by clay mining activities. A. 
coronata var. notatior is threatened by alteration of hydrology of its 
vernal pool and alkali vernal wetland plains habitats. Therefore, the 
preferred action is to list these taxa as endangered.
    For reasons discussed below, the Service finds that B. filifolia 
and N. fossalis are likely to become endangered species in the 
foreseeable future throughout all or a significant portion of their 
ranges. Therefore, the preferred action is to list these taxa as 
threatened. While many populations of B. filifolia are threatened by 
urbanization and agricultural development, trampling, grazing, and 
competition from exotic plant taxa, the Service finds that threatened 
status is appropriate for B. filifolia because the largest remaining 
populations are protected. The Service finds that threatened status is 
appropriate for N. fossalis because, while many populations are 
threatened by urbanization and agricultural development, alteration of 
hydrology of its vernal pool habitat, trampling, and competition from 
exotic plant taxa, this taxon has demonstrated resilience to some forms 
of disturbance and occurs in enough populations that it is not in 
immediate danger of extinction. Except for A. coronata var. notatior, 
critical habitat is not being proposed for these taxa for the reasons 
discussed below.

Critical Habitat

    As defined by section 3(5)(A) of the Act, the term ``critical 
habitat'' for a threatened or endangered species means--(i) the 
specific areas within the geographical area occupied by the species, at 
the time it is listed in accordance with the provisions of section 4 of 
this Act, on which are found those physical or biological features (I) 
essential to the conservation of the species and (II) which may require 
special management considerations or protection; and (ii) specific 
areas outside the geographical area occupied by the species at the time 
it is listed . . . upon a determination by the Secretary that such 
areas are essential for the conservation of the species.
    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 a taxon is listed. 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 threatened 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.
    Critical habitat is not determinable if insufficient information 
exists to perform an economic impact analysis of designating a 
particular area as critical habitat or if the biological needs of the 
species are not sufficiently well known to permit identification of an 
area as critical habitat (50 CFR 424.12(a)(2)).
    The Service finds that designation of critical habitat is not 
prudent at this time for A. munzii and B. filifolia. Most populations 
of A. munzii and B. filifolia are on privately owned lands with little 
or no Federal involvement. The additional protection provided by the 
designation of critical habitat is achieved through section 7. 
Therefore, the designation of critical habitat for these two taxa would 
not appreciably benefit the species. Identification of critical habitat 
is also expected to increase the degree of threat from human activity 
for these two taxa. Publication of precise maps and descriptions of 
critical habitat could result in additional habitat destruction through 
trampling, discing, and grading. Unregulated grazing activity, which 
results in trampling of habitat by sheep or cattle, may be encouraged 
to reduce habitat viability.
    In several cases, after a species has been identified and located 
on a site, the landowner has elected to disc or otherwise alter the 
site. A number of these alterations have occurred and could represent 
efforts to eliminate sensitive resources that could pose a constraint 
to future development. In 1986, one land owner hired a biological firm 
to identify A. munzii localities on a specific property in Riverside 
County. After the report was released, areas of clay soil (including 
those with A. munzii populations) on the parcel were disced (Department 
1989). In another case in Los Angeles County, after a population of B. 
filifolia was identified and well publicized in Glendora, the site was 
disced for fire control (Swinney 1991).
    The largest remaining population of B. filifolia occurs on the 
Santa Rosa Plateau, which is managed by The Nature Conservancy. The 
Nature Conservancy is adequately managing the mesic grassland habitat 
within the preserve for the long-term preservation of B. filifolia and 
other sensitive plant species. Although the Service finds that the area 
is essential to the conservation of B. filifolia, designation of 
critical habitat at the Santa Rosa Plateau Preserve would not 
appreciably benefit the species. No Federal activities are expected to 
occur that would be the basis for formal consultation under section 7 
of the Act. It is primarily through this means that added protection is 
provided to listed species through a critical habitat designation.
    Based on the information discussed above, the Service finds that it 
is not prudent at this time to designate critical habitat for A. munzii 
and B. filifolia because such a designation may increase the degree of 
threat from trampling, discing, or other destructive activities and is 
unlikely to appreciably benefit the conservation of these taxa. 
Protection of habitat for A. munzii and B. filifolia will be addressed 
through the recovery process and, if Federal involvement occurs, 
through the section 7 consultation process.
    The Service is in the process of defining critical habitat and 
determining more clearly what the ecological requirements and 
constituent elements are for N. fossalis. The Service may find that 
determination of critical habitat is not prudent for this taxon, 
however, at this time designation of critical habitat is not 
determinable.
    The Service is proposing to designate critical habitat in Riverside 
County for A. coronata var. notatior. Although this designation is 
likely to increase the degree of threat to this taxon from human-
related activities, the Service finds that the benefits of the 
additional protection provided through recognition and requirements for 
section 7 compliance associated with a critical habitat designation 
exceed the risk of vandalism and other destructive activities. A. 
coronata var. notatior and its habitat in Riverside County are 
resilient to intermittent discing and agricultural activities as 
indicated by the history of disturbance and reestablishment of this 
taxon in the area west of Hemet and along the San Jacinto River.
    The Service is required to base critical habitat designations on 
the best scientific data available, after taking into consideration the 
probable economic and other impacts of making such a designation (50 
CFR 424.12(a)). In determining what areas to propose as critical 
habitat, the Service considers those physical and biological features 
that are essential to the conservation of the species and that may 
require special management considerations or protection. Such 
requirements include, but are not limited to, the following: (1) space 
for individual and population growth; (2) food, water, air, light, 
minerals, or other nutritional or physiological requirements; (3) cover 
or shelter; (4) sites for breeding, reproduction, rearing of offspring, 
germination, or seed dispersal; and, generally, (5) habitats that are 
protected from disturbance or are representative of the historic 
geographical and ecological distributions of a species. The Service 
also considers primary constituent elements of critical habitat that 
may include, but are not limited to, the following: roost sites; 
nesting grounds; spawning sites; feeding sites; seasonal wetlands or 
drylands; water quality or quantity; host species; plant pollinators; 
geological formation; vegetation type; and specific soil types.
    Critical habitat is being proposed for A. coronata var. notatior to 
include alkali grassland, alkali sink, and vernal pools in Riverside 
County, California. The following areas are proposed as critical 
habitat:
    1. Approximately 1,266 ha (3,165 ac) located along 10 km (6 miles) 
of the San Jacinto River from just above Davis Road south by southwest 
to Interstate 215.
    2. About 272 ha (680 ac) along a tributary to Old Salt Creek, west 
of the town of Hemet, between Florida Avenue, Ryan Airfield, and the 
Atchison Topeka and Santa Fe Railroad tracks.
    A total of approximately 1,540 ha (3,845 ac) are being proposed as 
critical habitat. These areas contain the majority of the remaining 
known populations of A. coronata var. notatior and potentially suitable 
habitat for this taxon in Riverside County. Both of the proposed 
critical habitat areas contain (or with recovery will contain) suitable 
alkali grassland, alkali scrub, alkali sink, or vernal pool habitat for 
this taxon. The distribution of A. coronata var. notatior is patchy 
within this habitat and is expected to shift over time. Because of 
these spatial and temporal factors, it is important to protect the 
watershed and microhabitat diversity upon which this taxon depend. Both 
areas contain unoccupied habitat or former (degraded) habitat that is 
needed for recovery of ecosystem integrity and to increase or maintain 
populations of this taxon.
    Floodplains (seasonal wetlands) dominated by alkali playas, alkali 
scrub, alkali grasslands, and vernal pools represent the primary 
constituent elements of critical habitat for A. coronata var. notatior 
with respect to its survival needs (hydrology, soils, and associated 
species). The majority of these habitats occur in association with the 
Willows soils series (as defined by the Soil Conservation Service and 
Bureau of Indian Affairs (1971)) but some occur within the Waukena, 
Traver, Domino, and Chino soils series. These habitats can recover from 
dry land farming activities that are left fallow and undisturbed for a 
number of years. As additional information is obtained, designation of 
other critical habitat areas may be proposed.
    Atriplex coronata var. notatior requires seasonal inundation and/or 
flooding. The seasonal wetland habitats that it occupies are dependent 
on adjacent transitional wetlands and marginal wetlands within the 
watershed. These adjacent habitats would not be adequately protected 
under the listing prohibitions of the Act. Designation of critical 
habitat will benefit A. coronata var. notatior by providing additional 
protection to the ecosystem upon which it depends through recognition 
and section 7 consultation procedures (where applicable).
    Section 4(b)(8) requires, for any proposed or final regulation that 
designates critical habitat, a brief description and evaluation of 
those activities (public or private) that may adversely modify such 
habitat or may be affected by such designation.
    Actions that could adversely affect critical habitat for A. 
coronata var. notatior include: (1) destruction of alkali grassland, 
playa or scrub, and vernal pool habitat; (2) destruction of the hard 
pan layer that is responsible for a perched water table; or (3) 
increases in human-associated disturbance. Specific actions that could 
cause these effects are stream channelization, draining of ponds, water 
diversion, sheep grazing, discing for weed abatement, and conversion to 
agriculture or residential development. Complete or major destruction 
of the alkaline floodplain environment would significantly reduce or 
eliminate A. coronata var. notatior from the affected area and further 
endanger this species throughout the remainder of its range and 
preclude opportunities for recovery. Stream channelization would remove 
flooding that is necessary, in part, for seed dispersal. Draining 
winter ponds would alter the hydrology and render the habitat unusable 
and increase the opportunity for exotic and upland plants to invade. 
Sheep grazing selectively removes native species, damages plants 
through trampling, and encourages the establishment of invasive exotic 
plant species. Discing gradually reduces the viability and diversity of 
the habitat, particularly the perennial plant component, and increases 
the opportunity for weedy exotic plant species to invade and alter the 
habitat.
    At least three Federal agencies (Corps, Environmental Protection 
Agency (EPA), and the Federal Highway Administration (FHA)) have or may 
have jurisdiction and responsibilities within the proposed critical 
habitat, and section 7 consultations might be required in a number of 
instances. Known proposals that could require consultation include: 
channelization of the San Jacinto River; widening of the Ramona 
Expressway; Metropolitan Water District Inland Feeder and Eastside 
Reservoir pipeline projects; and a number of specific plans sponsored 
by the County of Riverside and the City of Perris. These projects have 
the potential for significant adverse effects on A. coronata var. 
notatior. Section 7 consultation procedures usually result in 
modification, rather than curtailment of such projects.
    Section 4(b)(2) of the Act requires the Service to consider 
economic and other impacts of designating a particular area as critical 
habitat. The Service will consider these impacts and all additional 
relevant information obtained during the public comment period or 
otherwise developed by the Service before finalizing this proposed 
action.

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 activities. 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. 
The protection required of Federal agencies and the prohibitions 
against certain activities involving listed plants and animals 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 with the 
Service on any action that is likely to jeopardize the continued 
existence of a proposed species or result in destruction or adverse 
modification of proposed critical habitat. If a species is subsequently 
listed, section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or 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.
    Federal agencies expected to have involvement with A. coronata var. 
notatior, B. filifolia, and N. fossalis include the Corps and the EPA 
due to their permit authority under section 404 of the Clean Water Act. 
The Federal Aviation Administration has jurisdiction over areas with 
vernal pools containing N. fossalis near Montgomery Field within the 
city limits of San Diego and Brown Field on Otay Mesa in San Diego 
County. This jurisdiction would also apply if any of the taxa 
considered in this rule are discovered at Perris Airport or Ryan 
Airport in Riverside County. The FHA will likely be involved through 
potential funding of highway construction projects near Hemet 
(Riverside County) and Otay Mesa (San Diego County). N. fossalis occurs 
on Miramar Naval Air Station and on Camp Pendleton Marine Corps Base. 
These bases will likely be involved through military activities or 
potential excessing of Federal lands. The Immigration and 
Naturalization Service will need to evaluate the effects of its 
activities on N. fossalis, which is known to occur along the 
international border and could be trampled by persons entering the 
United States illegally. The Forest Service has jurisdiction over at 
least a portion of one population of A. munzii in Cleveland National 
Forest.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, 17.63, 17.71 and 17.72 set forth a series of prohibitions and 
exceptions that apply to all endangered or threatened plants. With 
respect to the four plant taxa considered herein, all trade 
prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61 
and 17.71, 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 in interstate 
or foreign commerce, or remove and reduce to possession any such 
species from areas under Federal jurisdiction. In addition, for plants 
listed as endangered, the Act makes it illegal to maliciously damage or 
destroy any such species on Federal lands or remove, cut, dig up, 
damage, or destroy any such species in knowing violation of any State 
law or regulation, including criminal trespass laws. Certain exceptions 
apply to agents of the Service and State conservation agencies. Seeds 
from cultivated specimens of threatened plant species are exempt from 
these prohibitions provided that a statement of ``cultivated origin'' 
appears on their containers.
    The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the 
issuance of permits to carry out otherwise prohibited activities 
involving endangered or threatened plants under certain circumstances. 
It is anticipated that few trade permits would ever be sought or issued 
for the taxa considered herein because they are not common in 
cultivation or in the wild. These species have specific germination and 
growth requirements including, in some cases, seasonal inundation that 
would be difficult to recreate in cultivation.
    Requests for copies of the requirements and regulations on permits 
or trade in wildlife and plants and inquiries regarding them should be 
addressed to the U.S. Fish and Wildlife Service, Ecological Services, 
Endangered Species Permits, 911 NE., 11th Avenue, Portland, Oregon 
97232-4181 (503/231-2063; FAX 503/231-6243.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to these taxa;
    (2) The location of any additional populations of these species and 
the reasons why any habitat should or should not be determined to be 
critical habitat as provided by section 4 of the Act;
    (3) Additional information concerning the range, distribution, and 
population size of these taxa;
    (4) Current or planned activities in the subject area and their 
possible impacts on these species; and
    (5) Any foreseeable economic and other impacts resulting from the 
proposed designation of critical habitat, especially for A. coronata 
var. notatior.
    The final decision on this proposal will take into consideration 
the comments and any additional information received by the Service, 
and such communications may lead to a final regulation that differs 
from this proposal.
    The Endangered Species Act provides for a public hearing on this 
proposal, if requested. Requests must be received within 45 days of the 
date of publication of the proposal. Such requests must be made in 
writing and addressed to the Field Supervisor of the Carlsbad Field 
Office (see ADDRESSES section).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment or Environmental Impact Statement, 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 Field Supervisor, Carlsbad Field Office (see 
ADDRESSES section).

Author

    The primary author of this proposed rule is Fred M. Roberts, Jr. of 
the Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulations Promulgation

PART 17--[AMENDED]

    Accordingly, it is hereby proposed to amend part 17, subchapter B 
of chapter I, title 50 of the Code of Federal Regulations, 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. Section 17.12(h) is amended 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                                                                                                                                   
                                                                      * * * * * * *                                                                     
Allium munzii (=A.         Munz's onion............  U.S.A. (CA).............  Liliaceae...............  E                                 NA         NA
 fimbriatum var. munzii).                                                                                                                               
                                                                      * * * * * * *                                                                     
Atriplex coronata var.     San Jacinto Valley        U.S.A. (CA).............  Chenopodiaceae..........  E                           17.96(a)         NA
 notatior.                  crownscale.                                                                                                                 
                                                                      * * * * * * *                                                                     
Brodiaea filifolia.......  Thread-leaved brodiaea..  U.S.A. (CA).............  Liliaceae...............  T                                 NA         NA
                                                                      * * * * * * *                                                                     
Navarretia fossalis......  Spreading navarretia....  U.S.A. (CA), Mexico.....  Polemoniaceae...........  T                                 NA         NA
                                                                      * * * * * * *                                                                     
--------------------------------------------------------------------------------------------------------------------------------------------------------


    4. It is further proposed to amend Sec. 17.96(a) for plants by 
adding critical habitat of Atriplex coronata var. notatior in the same 
alphabetical order as the species occurs in Sec. 17.12(h).


Sec. 17.96  Critical habitat--plants.

    (a) * * *
* * * * *
    Family Chenopodiaceae: Atriplex coronata var. notatior (San 
Jacinto Valley crownscale). California, Riverside County (San 
Bernardino Meridian):
    1. San Jacinto River (USGS 7.5' Quads: Lakeview 1979 and Perris 
1979).
    T4S, R2W: NW1/4 sec.5, SW1/4, NE1/4, and SE1/4 sec. 6; NW1/4 and 
W1/2 SW1/4 sec. 7.
    T4S, R3W: San Jacinto River and adjacent lands below the 1,430 
foot contour in sec. 12; sec. 13, San Jacinto River and adjacent 
lands commencing at a point 0.2 miles west of the northeast corner 
of sec. 13, then southwest to a point 0.25 miles east of the 
southwest corner of sec. 13; E1/2 SE1/4 sec. 14; E1/2 SW1/4, NE1/4, 
W1/2 SE1/4, and NE1/4 SE1/4 sec. 23; W1/2 NW1/4 sec. 24; N1/2 NW1/4 
and SW1/4 NW1/4 sec. 26; SE1/4 NE1/4 and S1/2 sec. 27; San Jacinto 
River and adjacent lands east of Perris Valley storm channel in SE1/
4 sec. 33; N1/2 and SW1/4 sec.34.
    T5S, R3W: N1/2 NE1/4 sec. 4 east of Interstate 215.
    2. Unnamed tributary to Old Salt Creek (USGS 7.5' Quad: 
Winchester 1979).
    T5S, R1W: W1/4 and S1/2 NW1/4 SW1/4 sec. 18.
    T5S, R2W: SE1/4 NW1/4, E1/2, E1/2 SW1/4, and E1/2 W1/2 SW1/4 
sec. 13; SE1/4 NE1/4 sec. 23; west of Metropolitan Water District 
canal and north of Atchison Topeka Railroad track in W1/2 sec. 24.
    Primary constituent elements include floodplain habitat in 
association with alkali scrub, alkali playa, alkali grassland, and 
vernal pool plant communities on associated soils.

BILLING CODE 4310-55-P

TN15DE94.016


BILLING CODE 4310-55-C
    Dated: August 31, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-30861 Filed 12-14-94; 8:45 am]
BILLING CODE 4310-55-P