[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