[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31064]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC96
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Four Plants From Vernal Pools and Mesic Areas in
Northern California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes endangered
status pursuant to the Endangered Species Act of 1973, as amended (Act)
for four plants: Lasthenia conjugens (Contra Costa goldfields),
Navarretia leucocephala ssp. pauciflora (few-flowered navarretia),
Navarretia leucocephala ssp. plieantha (many-flowered navarretia), and
Parvisedum leiocarpum (Lake County stonecrop). These species grow in
and around the margins of vernal pools and in seasonally wet areas in
northern California. Habitat loss and degradation imperil the continued
existence of these plants. This proposal, if made final, would
implement the protection of the Act for these plants.
DATES: Comments from all interested parties must be received by
February 17, 1995. Public hearing requests must be received by February
2, 1995.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 2800
Cottage Way, Room E-1803, Sacramento, California 95825-1846. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Kenneth W. Fuller (see ADDRESSES) at
916/978-4866.
SUPPLEMENTARY INFORMATION:
Background
Lasthenia conjugens was described from specimen collected near
Antioch in Contra Costa County, California (Greene 1888). Hall (1914)
included the taxon within Baeria fremontii, however, Ferris (1958)
later recognized this material as B. fremontii var. conjugens. Ornduff
(1966) submerged the genus Baeria under Lasthenia and recognized the
specific rank of Lasthenia conjugens.
Lasthenia conjugens is a showy spring annual in the aster family
(Asteraceae) that grows 10 to 30 centimeters (cm) (4 to 12 inches (in))
tall and is usually branched. The leaves are opposite, light green, and
usually have a feather-like arrangement with narrow clefts extending
more than halfway toward the stem. The flowers are found in terminal
yellow heads. The phyllaries are one-third to one-half fused; the
achenes are less than 1.5 millimeters (mm) (0.06 in) long and always
lack a pappus. L. conjugens flowers from March to June. The partially
fused phyllaries and the lack of a pappus distinguish this species from
L. fremontii and L. burkei, which it otherwise closely resembles.
Habitat for Lasthenia conjugens consists of vernal pools in open
grassy areas in woodland and valley grassland communities at elevations
of 1 to 445 meters (m) (3 to 1,460 feet (ft)). Historically found in
such habitats in Alameda, Contra Costa, Mendocino, Santa Barbara, Santa
Clara, Napa, and Solano Counties, California, this species is now
apparently restricted to five localized populations in Napa and Solano
Counties (California Native Plant Society (CNPS) 1978). One population
is located on Travis Air Force Base, Solano County, California. All
other populations are on private lands.
The type specimen for Navarretia pauciflora was collected from a
playa 8 kilometers (km) (5 miles (mi)) north of Lower Lake, Lake
County, California (Mason 1946). Day (1993) revised the treatment of
Navarretia and reduced N. pauciflora to a subspecies of N.
leucocephala. More than a dozen species of Navarretia occur in the
region, including several restricted to vernal pools. Five subspecies
of Navarretia leucocephala are currently recognized (Day 1993), two of
which may hybridize with N. leucocephala ssp. pauciflora (Alva Day,
California Academy of Sciences, pers. comm. 1993). These two
subspecies, N. leucocephala ssp. bakeri and N. leucocephala ssp.
plieantha, differ from N. leucocephala ssp. pauciflora in stature,
degree of hairiness, or size, number, or lobing of floral parts. The
species that are being proposed for listing are not hybrids.
Navarretia leucocephala ssp. pauciflora is a prostrate, spreading,
and much-branched annual herb in the phlox family (Polemoniaceae). This
plant grows 1 to 4 cm (0.4 to 1.6 in) in height. The nearly hairless
leaves are linear and entire, or parted into a few linear lobes, and 1
to 2.5 cm (0.4 to 1.0 in) long. The inflorescence is a head of 2 to 15
blue or white (fading to blue) flowers. A few spiny, leaf-like bracts
below each head extend out 1.5 to 3 times the radius of the head;
bracts within the head are shorter. The funnel-shaped corollas are 5 to
7 mm (0.2 to 0.3 in) long with five lobes 1.5 mm (0.06 in) long. Each
corolla lobe has a single unbranched vein. The stigma has two minute
lobes. N. leucocephala ssp. pauciflora flowers May to June.
Navarretia leucocephala ssp. pauciflora is found growing in
volcanic ash substrate, clay pan vernal pools in chaparral, grassland,
or mixed coniferous forest in southern Lake and Napa Counties. The
subspecies has an elevation range of 450 to 850 m (1,400 to 2,800 ft)
over a 50 square kilometer (sq km) (20 square mile (sq mi)) area.
Historically, N. leucocephala ssp. pauciflora was known from nine sites
in Napa and Lake Counties. The subspecies has become extirpated from
six historic localities (CNPS 1990a). The three extant populations
occur on private lands.
Navarretia plieantha was described from the margin of Bogg's Lake
in Lake County, California (Mason 1946). Day (1993) revised the
treatment of Navarretia and reduced the taxon to a subspecies of N.
leucocephala. N. leucocephala ssp. plieantha is distinguished from
Navarretia leucocephala ssp. pauciflora by its more numerous flowering
heads (20 to 50 flowers versus 2 to 15), and in having three or more
pairs of outer bracts with the bract lobes being forked or three-four
branched from the base. It is distinguished from other congeners in the
region by stature, degree of hairiness, or size, number, or lobing of
floral parts.
Navarretia leucocephala ssp. plieantha is a prostrate annual herb
in the phlox family (Polemoniaceae) that forms a mat 5 to 20 cm (2 to 8
in) wide. The leaves are 3 to 4 cm (1 to 1.6 in) long and linear or
with a few widely spaced linear lobes. The inflorescence is a head
composed of 20 to 50 white or blue flowers. Each head is 1.5 to 2 cm
(0.6 to 0.8 in) across and is subtended by 3 to 4 leaf-like bracts that
are simple-pinnate or compound-pinnate and extend out 1 to 2 times the
radius of the head. The bracts within the head are shorter. The funnel-
shaped corolla is 5 to 6 mm (0.2 to 0.24 in) long with five lobes each
2 mm (0.7 in) long. The stigma is two-cleft or entire. N. leucocephala
ssp. plieantha flowers in May and June.
Navarretia leucocephala ssp. plieantha is found in dry meadows,
along the margins of volcanic ash substrate vernal pools and lakes, and
in open, wet ground in forest openings. It has an elevation range of
700 to 915 m (2,300 to 3,000 ft) over a 1,000 sq km (390 sq mi) area.
N. leucocephala ssp. plieantha is historically known from seven
locations in Lake and Sonoma Counties, California. One of the historic
populations in Sonoma County has not been seen in 32 years and is
considered potentially extirpated (CNPS 1987). Four population
localities are found in Lake County. One population is protected on The
Nature Conservancy preserve at Bogg's Lake. The remaining three extant
populations are on private lands.
Parvisedum leiocarpum was described from 6.5 mi. north of Lower
Lake, Lake County, California, as Sedella leiocarpa (Sharsmith 1940).
Clausen (1946) subsequently reassigned the taxon to Parvisedum
leiocarpum. Two similar species occur within the range of P.
leiocarpum. P. pentandrum differs in having shorter petals, top-shaped
flowers, and carpels with glandular bumps on the surfaces. Crassula
connata differs in having only one to a few, four-petaled flowers above
each leaf base, which are not arranged in definite cymes.
Parvisedum leiocarpum is a very low, erect to spreading, annual in
the stonecrop family (Crassulaceae) with reddish stems 3 to 5 cm (1 to
2 in) tall. The fleshy, succulent leaves are oblong, 4 to 5 mm (0.16 to
0.19 in) long, and fall off the stem by flowering time. The
inflorescence is a cyme of campanulate yellow flowers that are crowded
on the curving flowering stems in two rows. The five petals are 3 to
3.5 mm (0.12 to 0.14 in) long with large, club-shaped red nectaries.
The five carpels have smooth surfaces. P. leiocarpum flowers in April
and May.
Parvisedum leiocarpum is found on volcanic substrate in areas of
impeded drainage, such as in and along the margins of vernal pools and
depressions in bedrock. The historic range of the species encompasses
six collection localities within a 16 km (10 mi) radius from Siegler
Springs near Lower Lake, Lake County, California (California Department
of Fish and Game (CDFG) 1991b). Elevations of occurrence range from 365
to 790 m (1,300 to 2,600 ft). P. leiocarpum has apparently been
destroyed at three sites within this area (CDFG 1991b, CNPS 1990b). The
extant site populations of P. leiocarpum cover a total area of less
than 1.2 hectares (ha) (3 acres (ac)). All populations occur on private
lands; none are protected.
Previous Service Actions
Federal government actions on these four plants began as a result
of section 12 of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), which directed the Secretary of the Smithsonian
Institution to prepare a report on those plants considered to be
endangered, threatened, or extinct in the United States. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975, and included Lasthenia conjugens as threatened; and
Navarretia pauciflora (now known as Navarretia leucocephala ssp.
pauciflora), Navarretia plieantha (now known as Navarretia leucocephala
ssp. plieantha), and Parvisedum leiocarpum 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 four 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. The list of 1,700 plant taxa
was assembled on the basis of comments and data received by the
Smithsonian Institution and the Service in response to House Document
No. 94-51 and the July 1, 1975, Federal Register publication.
Navarretia pauciflora and Navarretia plieantha were included in the
June 16, 1976, Federal Register document. General comments received in
relation to the 1976 proposal were summarized in an April 26, 1978,
Federal Register publication (43 FR 17909).
The Endangered Species Act Amendments of 1978 required that all
proposals over 2 years old be withdrawn. A 1-year grace period was
given to those proposals already more than 2 years old. In the December
10, 1979, Federal Register (44 FR 70796), the Service published a
notice of withdrawal of the June 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 Lasthenia
conjugens, Navarretia pauciflora, Navarretia plieantha, and Parvisedum
leiocarpum as category 1 candidates for Federal listing. Category 1
taxa are those for which the Service has on file substantial
information on biological vulnerability and threats to support
preparation of listing proposals. On November 28, 1983, the Service
published a supplement to the Notice of Review (48 FR 39526). This
supplement changed Lasthenia conjugens, Navarretia plieantha,
Navarretia pauciflora, and Parvisedum leiocarpum from category 1 to
category 2 candidates. Category 2 taxa are those for which data in the
Service's possession indicate listing is possibly appropriate, but for
which substantial data on biological vulnerability and threats are not
currently known or on file to support proposed rules.
The plant notice was revised on September 27, 1985 (50 FR 39526).
Lasthenia conjugens, Navarretia pauciflora, Navarretia plieantha, and
Parvisedum leiocarpum were included as category 2 candidates. Another
revision of the plant notice was published on February 21, 1990 (55 FR
6184). In this revision Lasthenia conjugens, Navarretia plieantha, and
Parvisedum leiocarpum were elevated to category 1 candidates.
Navarretia pauciflora was retained as a category 2 candidate. Since the
publication of that notice, the Service has received additional
information on the status of Navarretia leucocephala ssp. pauciflora
that supports the proposed listing of this species. The September 30,
1993, plant notice of review (58 FR 51144) included all four plant taxa
as category 1 candidates.
Section 4(b)(3)(B) 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 Lasthenia conjugens, Navarretia pauciflora, Navarretia
plieantha, and Parvisedum leiocarpum because the 1975 Smithsonian
report had been accepted as a petition. On October 13, 1982, the
Service found that the petitioned listing of these species was
warranted, but precluded by other pending listing actions, in
accordance with section 4(b)(3)(B)(iii) of the Act; notification of
this finding was published on January 20, 1984 (49 FR 2485). Such a
finding requires the petition to be recycled, pursuant to section
4(b)(3)(C)(i) of the Act. The finding was reviewed in October of 1983
through 1993. Publication of this proposal constitutes the final
finding for the petitioned action.
Summary of Factors Affecting the Species
Section 4 of the Act (16 U.S.C. 1533) and regulations (50 CFR Part
424) promulgated to implement the listing provisions of the Act set
forth the procedures for adding species to the Federal lists of
endangered and threatened species. A species may be determined to be
endangered or threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Lasthenia conjugens Ornduff (Contra Costa goldfields), Navarretia
leucocephala Benth. ssp. pauciflora (H. Mason) Day (few-flowered
navarretia), Navarretia leucocephala Benth. ssp. plieantha (H. Mason)
Day (many-flowered navarretia), and Parvisedum leiocarpum (H. Sharsm.)
R.T. Clausen (Lake County stonecrop) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Their Habitat or Range
The primary threats to Lasthenia conjugens, Navarretia leucocephala
ssp. pauciflora, Navarretia leucocephala ssp. plieantha, and Parvisedum
leiocarpum consist of activities that result in the destruction of the
plants or hydrologic changes in their vernal pool habitats. Such
activities include urbanization, industrial development, agricultural
land conversion, off-highway vehicle use, horseback riding, trampling
by grazing cattle, and road widening. Damage or destruction of vernal
pool habitat happens quickly and easily due to the extremely friable
nature of the soil and the dependency of the pool upon an intact
durapan or impermeable subsurface soil layer.
Lasthenia conjugens is no longer found in five of the seven
counties in which it historically occurred. Agricultural land
conversion, urbanization, and associated developments have extirpated
populations of this species in Alameda, Contra Costa, Santa Clara, and
Santa Barbara Counties (CNDDB 1993, CNPS 1978). Agricultural land
conversion has extirpated one additional population of L. conjugens in
Napa County (CNDDB 1993). Widening and straightening of Ledgewood Creek
north of Cordelia Road in Solano County by the U. S. Army Corps of
Engineers eliminated a large amount of habitat and plants of L.
conjugens (Ann Howald, CDFG, pers. comm., 1993). Urbanization threatens
a population of L. conjugens in Napa County (CNDDB 1993; Jake Ruygut,
CNPS, in. litt., 1993). Off-highway vehicle traffic has adversely
impacted this same population (CNDDB 1993). Industrial development
threatens a population of L. conjugens in Solano County (CNDDB 1993).
Navarretia leucocephala ssp. pauciflora has disappeared at over 50
percent of the sites from which it historically occurred. Extant
populations continue to decline due to anthropogenic activities. Two
population sites have been adversely affected by drainage or, in one
case, by the attempt to create a more permanent water source (CDFG
1989b). One partially drained site, Manning Flat in Lake County, has
experienced significant accelerated soil erosion, reducing the amount
of available habitat and the plant population (McCarten 1985; CDFG
1989b). Off-highway vehicle use has damaged several population sites in
Lake County (CDFG 1989b; CNDDB 1993). Agricultural land conversion to a
rice field adversely affected another population site in Lake County
(CDFG 1989b). Pond construction for cattle watering partially destroyed
the population of N. leucocephala ssp. pauciflora at Ely Flat in Lake
County and severely altered the hydrology of its habitat (CDFG 1989b).
Agricultural land conversion threatens this same population (CDFG
1989b; CNPS 1990a).
Navarretia leucocephala ssp. plieantha has apparently been
extirpated at one population site in Sonoma County. This area has been
severely impacted by horseback riding, feral pigs (Sus scrofa), and a
tree eradication program (CNDDB 1993; John Herrick, CNPS, pers. comm.,
1993). Off-highway vehicle use has resulted in the destruction of
plants and habitat of this subspecies at one location in Sonoma County,
and at four population sites in Lake County (CDFG 1991a). Urbanization
threatens one population site in Lake County and the extant population
site in Sonoma County (CNDDB 1993). Attempted drainage of a pool in
Lake County containing Navarretia leucocephala ssp. plieantha has
resulted in the invasion of two competitive weeds, Centaurea
solstitialis and Taeniatherum caput-medusa (CNDDB 1993).
Parvisedum leiocarpum has been extirpated from 50 percent of its
historic population sites. Attempted drainage has altered the hydrology
of two of the three remaining vernal pools containing populations of
this plant (CNPS 1990b). Drainage attempts at one of the sites resulted
in severe erosion and a reduction of habitat and plant numbers (CNPS
1990b). Widening of Highway 29 by California Department of
Transportation also threatens to impact this population (CNPS 1990b).
Discing has occurred at the third population site (CNDDB 1993). All
population localities occur on privately owned, flat land next to major
roads. This makes them vulnerable to urban development and agricultural
land conversion (CDFG 1989a, CNPS 1990b). Off-highway vehicle use has
occurred at two of the three P. leiocarpum population sites (CNDDB
1993, CNPS 1990b).
Population sites for each of the four species are impacted by
trampling from grazing cattle and by feral pigs. Trampling by livestock
threatens all populations of Parvisedum leiocarpum (CDFG 1989a).
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Due to the localized and limited distribution of Lasthenia
conjugens, Navarretia leucocephala ssp. pauciflora, Navarretia
leucocephala ssp. plieantha, and Parvisedum leiocarpum, indiscriminate
collecting of plants could seriously affect these species.
Overutilization is not known to occur at this time.
C. Disease or Predation
Not known to be applicable.
D. The Inadequacy of Existing Regulatory Mechanisms
The State of California Fish and Game Commission has listed
Parvisedum leiocarpum and Navarretia plieantha (now known as Navarretia
leucocephala ssp. plieantha) as endangered species under the California
Endangered Species Act (Chapter 1.5 Section 2050 et seq. of the
California Fish and Game Code and Title 14 California Code of
Regulations 670.2 ). The California Fish and Game Commission also has
listed Navarretia pauciflora (now known as Navarretia leucocephala ssp.
pauciflora) as threatened. Listing by the State of California requires
individuals to obtain a memorandum of understanding with the CDFG to
possess or ``take'' a listed species. Although the ``take'' of State-
listed plants is prohibited (California Native Plant Protection Act,
Chapter 10 Section 1908 and California Endangered Species Act, Chapter
1.5 Section 2080), State law exempts the taking of such plants via
habitat modification or land use changes by the owner. After CDFG
notifies a landowner that a State-listed plant grows on his or her
property, State law requires that the land owner notify the agency ``at
least 10 days in advance of changing the land use to allow salvage of
such a plant'' (Native Plant Protection Act, Chapter 10 Section 1913).
The California Environmental Quality Act ((CEQA) Public Resources
Code Sections 21000-21177) requires a full disclosure of the potential
environmental impacts of proposed projects. The public agency with
primary authority or jurisdiction over the project is designated as the
lead agency, and is responsible for conducting a review of the project
and consulting with the other agencies concerned with the resources
affected by the project. Section 15065 of the CEQA Guidelines, as
amended, requires a finding of significance if a project has the
potential to ``reduce the number or restrict the range of a rare or
endangered plant or animal.'' Species that are eligible for listing as
rare, threatened, or endangered, but are not so listed, are given the
same protection as those species that are officially listed with the
State or Federal governments. Once significant effects are identified,
the lead agency has the option to require mitigation for effects
through changes in the project or to decide that overriding
considerations make mitigation infeasible (CEQA Section 21002). In the
latter case, projects may be approved that cause significant
environmental damage, such as destruction of endangered species.
Protection of listed species through CEQA is, therefore, dependant upon
the discretion of the agency involved.
Because vernal pools are generally small and scattered, they are
treated as isolated wetlands or waters of the United States for
regulatory purposes by the U. S. Army Corps of Engineers under section
404 of the Clean Water Act. The Clean Water Act regulates discharge of
fill material into wetlands but does not itself protect the plants.
Nationwide Permit No. 26 (33 CFR part 330.5 (a)(26)) was established by
the Corps to facilitate issuance of permits for discharge of fill into
wetlands up to 4 ha (10 ac). For project proposals falling under
Nationwide Permit No. 26, the Corps has been reluctant to withhold
authorization unless a federally listed threatened or endangered
species is known to be present, regardless of the significance of other
wetland resources. The section 404 regulations require an applicant to
obtain an individual permit to fill isolated wetlands or waters greater
than 4 ha (10 ac). A project proponent affecting wetland fill of less
than one acre is only required to notify the Corps of their intent to
fill wetlands. Compensatory mitigation generally is not required for
projects affecting less than one acre. In either case, candidate
species receive no special consideration. Additionally and equally
important, upland watersheds are not provided any protection.
Disturbance to or loss of pool hydrological conditions has damaged
populations and habitat as discussed previously in Factor A. Reductions
in water volume and inundation adversely affect all four plants. Thus,
as a consequence of the small scale of vernal pools and lack of
protection of associated uplands, these vernal pools receive
insufficient protection.
E. Other Natural or Manmade Factors Affecting Their Continued Existence
These four plant species are restricted in range and population
numbers. Lasthenia conjugens is currently known from five population
sites, Navarretia leucocephala ssp. pauciflora from three sites,
Navarretia leucocephala ssp. plieantha from four sites, and Parvisedum
leiocarpum from three sites. All four species occupy highly restricted
and vulnerable habitats. The combination of low populations, narrow
range, and restriction and vulnerability of habitat make these plants
susceptible to destruction of all or a significant part of any
population from random natural events such as flood, drought, disease,
or other natural occurrences. Low population numbers also make the
populations vulnerable to genetic variations. Changes in gene
frequency, inbreeding, and genetic drift can result from populations
becoming genetically depauperate.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Lasthenia conjugens, Navarretia leucocephala ssp. pauciflora,
Navarretia leucocephala ssp. plieantha, and Parvisedum leiocarpum as
endangered. Endangered status is appropriate for these four species due
to the vulnerability of their restrictive habitats, threats posed to
those habitats by urbanization, agricultural land conversion, drainage,
road widening, off-highway vehicle use, stochastic events, and
inadequate regulatory mechanisms. Critical habitat is not proposed for
these species for reasons discussed below.
Critical Habitat
Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat
concurrently with determining a species to be endangered or threatened.
The Service finds that the designation of critical habitat is not
prudent for these species at this time. Because the four species face
numerous anthropogenic threats (see Factors A, B, and E in the
``Summary of Factors Affecting the Species'') and occur predominantly
on private land, Federal actions affecting these species are limited.
Designating critical habitat would not provide any additional
protection to the species. The publication of precise maps and
descriptions of critical habitat in the Federal Register may make the
plants even more vulnerable to incidents of vandalism and, therefore,
could contribute to the decline of the four plant species. Thus,
designation of critical habitat would not be beneficial and is
accordingly, not prudent. Responsible agencies will be notified of the
importance of protecting the habitat of the species. Protection of the
species' habitat will be addressed through the recovery process and,
under limited circumstances, through the section 7 consultation
process.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the State and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed plants are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR Part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer
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
insure 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.
Federal involvement may include Federal mortgage programs,
including the Veterans Administration and the U.S. Department of
Housing and Urban Development (Federal Home Administration loans), the
Federal Highway Administration in the case of impacts from federally
funded bridge and road construction, the Army Corps of Engineers
through jurisdiction of section 404 of the Clean Water Act, the
Environmental Protection Agency through the Clean Water Act's
provisions for pesticide registration and waste management actions, and
proposed activities on Travis Air Force Base.
Listing Lasthenia conjugens, Navarretia leucocephala ssp.
pauciflora, Navarretia leucocephala ssp. plieantha, and Parvisedum
leiocarpum as endangered would provide for development of a recovery
plan (or plans) for them. Such plan(s) would bring together both State
and Federal efforts for conservation of the plants. The recovery
plan(s) would establish a framework for agencies to coordinate
activities and cooperate with each other in conservation efforts. The
plan(s) would set recovery priorities and estimate costs of various
tasks necessary to accomplish them. It also would describe site-
specific management actions necessary to achieve conservation and
survival of these four plants. Additionally, pursuant to section 6 of
the Act, the Service would be more likely to grant funds to affected
states for management actions promoting the protection and recovery of
these species.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 for endangered plant species set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. With respect to the four plants from the four counties in
northern California, 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; deliver, receive, carry, transport,
or ship 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 federally listed plant species from
areas under Federal jurisdiction; maliciously damage or destroy any
such plant species on any area under Federal jurisdiction; or remove,
cut, dig up, damage, or destroy any such plant species on any other
area in knowing violation of any State law or regulation or in the
course of any violation of a State criminal trespass law. Seeds from
cultivated specimens of threatened plant taxa are exempt from these
prohibitions provided that a statement ``of cultivated origin'' appears
on the shipping containers. Certain exceptions apply to agents of the
Service and State conservation agencies. The Act and 50 CFR 17.62 and
17.63 also provide for the issuance of permits to carry out otherwise
prohibited activities involving endangered or threatened plant species
under certain circumstances. The Service anticipates few trade permits
would ever be sought or issued for the four species because the plants
are not common in cultivation or in the wild. Requests for copies of
the regulations on listed plants and inquiries regarding them may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services,
Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon
97232-4181 (503/231-6241; FAX 503/231-6243).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Lasthenia conjugens, Navarretia
leucocephala ssp. pauciflora, Navarretia leucocephala ssp. plieantha,
and Parvisedum leiocarpum;
(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 species; and
(4) Current or planned activities in the subject area and their
possible impacts on these species.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Act provides for a public hearing on this proposal, if
requested. Requests must be received within 45 days of the date of
publication of the proposal. Such requests must be made in writing and
addressed to the Field Supervisor of the Sacramento Field Office (see
ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Field Supervisor, Sacramento Field Office (see
ADDRESSES section).
Author
The primary author of this proposed rule is Kenneth W. Fuller, U.S.
Fish and Wildlife Service, Sacramento Field Office (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order, under the plant families indicated, to the List of
Endangered and Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Species
------------------------------------------- Historical range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Asteraceae--aster
family:
* * * * * * *
Lasthenia Contra Costa U.S.A. (CA)........ E ........... NA NA
conjugens. goldfields.
* * * * * * *
Crassulaceae--stonec
rop family:
* * * * * * *
Parvisedum Lake County U.S.A. (CA)........ E ........... NA NA
leiocarpum. stonecrop.
* * * * * * *
Polemoniaceae--phlox
family:
* * * * * * *
Navarretia Few-flowered U.S.A. (CA)........ E ........... NA NA
leucocephala navarretia.
ssp. pauciflora
(-Navarretia
pauciflora).
* * * * * * *
Navarretia Many-flowered U.S.A (CA)......... E ........... NA NA
leucocephala navarretia.
ssp. plieantha
(-Navarretia
plieantha).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: November 9, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-31064 Filed 12-16-94; 8:45 am]
BILLING CODE 4310-55-P