[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Proposed Rules]
[Pages 37986-37993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18241]



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[[Page 37987]]


DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD37


Endangered and Threatened Wildlife and Plants; Proposed Rule to 
List Three Plants From the Channel Islands of Southern California as 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list 
Cercocarpus traskiae (Catalina Island mountain-mahogany), Lithophragma 
maximum (San Clemente Island woodland-star), and Sibara filifolia 
(Santa Cruz Island rockcress) as endangered throughout their respective 
ranges on the Channel Islands of southwestern California, pursuant to 
the Endangered Species Act of 1973, as amended (Act). Cercocarpus 
traskiae is found primarily in coastal scrub habitats on Santa Catalina 
Island. Lithophragma maximum is found in rock crevices within coastal 
bluff scrub on San Clemente Island. Sibara filifolia is found on talus 
slopes in coastal scrub on San Clemente Island. These plants are 
threatened by a variety of factors including grazing, competition from 
non-native plant species, erosion, hybridization, stochastic events, 
and the inadequacy of existing regulations. This proposed rule, if made 
final, would implement the Federal protection and recovery provisions 
under the Act for these three species.

DATES: Comments from all interested parties must be received by October 
9, 1995. Public hearing requests must be received by September 25, 
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: Gail Kobetich, Field Supervisor, at 
the above address (telephone 619/431-9440; facsimile 619/431-9624).

SUPPLEMENTARY INFORMATION:

Background

    Cercocarpus traskiae (Catalina Island mountain-mahogany), 
Lithophragma maximum (San Clemente Island woodland-star), and Sibara 
filifolia (Santa Cruz Island rockcress) are endemic to the Channel 
Islands of southern California. These three species are restricted 
primarily to San Clemente and Santa Catalina Islands. Cercocarpus 
traskiae is currently found only on Santa Catalina Island and a single 
plant is also known from the Santa Monica Mountains. Lithophragma 
maximum and Sibara filifolia occur on San Clemente Island. Sibara 
filifolia was historically found on Santa Cruz and Santa Catalina 
Islands.
    The Channel Islands are composed of igneous and sedimentary rocks 
that have been uplifted and folded by tectonic activity (Raven 1963, 
Thorne 1967, Schaffer 1993). The maritime climate of the islands is 
characterized by hot, dry summers and mild, wet winters with periodic 
severe droughts and frequent fog (Minnich 1980, Johnson 1980). The 
archipelago is made up of two chains of islands. The Northern Channel 
Islands include the islands of San Miguel, Santa Rosa, Santa Cruz and 
Anacapa. The Southern Channel Islands are San Nicholas, Santa Barbara, 
Santa Catalina and San Clemente islands (Raven 1967).
    The Channel Islands are rich in endemic species as a result of 
their geographic isolation. A number of species have persisted on the 
islands, although their mainland counterparts have been extirpated by 
climatic change and other factors over geologic time (Raven 1963). The 
decline of endemic species, including the three plants under 
consideration herein, began before thorough botanical studies on the 
islands were completed. Their original range and distribution is 
speculative because their original habitats are now dominated by non-
native plants. Although these islands have been occupied by humans for 
at least 10,000 years, non-native plants have only become naturalized 
on the islands since their introduction by Euro-Americans during the 
last 200 years (Dr. Mark Raab, California State University, Northridge, 
pers. comm. 1994). Overgrazing and trampling of native vegetation by 
domestic animals facilitated the spread of these non-native plants 
(Raven 1963, Raven 1967, Thorne 1967, Philbrick 1980). Severe erosion 
resulting from overgrazing was exacerbated by a series of droughts in 
the 1860's, the first of several periods of severe vegetation and soil 
stripping on the islands (Johnson 1980).
    Santa Catalina Island is the largest of the southern Channel 
Islands, measuring 194 square kilometers (sq km) (75 square miles (sq 
mi)) in area. The terrain is rugged and mountainous, with a maximum 
elevation of 648 meters (m) (2,125 feet (ft)) (Powers 1980). Due to its 
proximity to the mainland, the flora of Santa Catalina Island is very 
similar to the flora of the mainland (Thorne 1967). Habitats on the 
island include oak woodlands, chaparral, coastal sage scrub, and 
grasslands (Minnich 1980). Santa Catalina is the home of Cercocarpus 
traskiae and a historical locality for Sibara filifolia (Thorne 1967).
    San Clemente Island is the southernmost of the Channel Islands in 
California. Its terrain is marked by a broad, high, plateau surrounded 
by deeply incised cliffs. The highest elevation on the 145 sq km (56 sq 
mi) island is 600 m (1,965 ft) (Powers 1980).
    Santa Cruz is the largest of the northern Channel Islands (250 sq 
km (96 sq mi)) with a maximum elevation of 753 m (2,470 ft) (Powers 
1980). The island's north shore is mountainous and rugged; the 
topography of the southern side is gentle and rolling. The Nature 
Conservancy currently owns approximately 90 percent of Santa Cruz 
Island. The remainder is owned by the National Park Service (Schuyler 
1980).
    Cercocarpus traskiae was first described by Alice Eastwood (1898) 
based on a specimen collected by Blanche Trask in 1897. Dunkle (1940) 
reduced the rank of C. traskiae to a variety of C. betuloides. Although 
Martin (1950) subsequently transferred this taxon to a variety of C. 
montanus, Munz (1959) retained it as C. betuloides var. traskiae. Munz 
(1968) later elevated C. betuloides var. traskiae to C. traskiae. 
Murray (1982) changed the rank of this taxon to a subspecies of C. 
betuloides; however, the name C. traskiae has been retained by both 
Munz (1974) and Lis (1993).
    Cercocarpus traskiae, a member of the rose family (Rosaceae), is an 
evergreen shrub or small tree that blooms from March to May. The 
flowers lack petals and occur in clusters of 4 to 10. The hypanthium 
(floral structure derived from the fused lower portions of petals, 
sepals, and stamens) is densely white-woolly, and is approximately 7 to 
14 millimeters (mm) (0.5 inch (in.)) long (Lis 1993). The fruit is an 
achene with a persistent plumose style, which dries in a spiral, 
typical of the genus. The leathery, clustered leaves are simple, 
serrate (toothed), and range from 2.5 to 6 centimeters (cm) (1 to 2.5 
in.) long. The upper surface of the leaf is glabrous (smooth); the 
undersurface is densely white-woolly. Cercocarpus betuloides var. 
blancheae, a relatively common endemic on the island, is considered to 
be distinct from C. traskiae (Eastwood 1898, Cole and Lu 1979). It is 
differentiated by its strigose (stiff, sharp, 

[[Page 37988]]
appressed) hairs on the undersides of the leaves and on the floral 
tube. In addition, the leaves of C. betuloides var. blancheae are not 
leathery (Eastwood 1898, Lis 1993).
    Cercocarpus traskiae is one of California's rarest trees. It is 
endemic to a particular soil type, derived from sausserite gabbro 
parent material (Gaye 1991), and is only found in Wild Boar Gully, a 
steep-sided, narrow arroyo located on southwestern Santa Catalina 
Island (Thorne 1967). Cercocarpus traskiae occurs in a coastal sage 
scrub containing Eriogonum fasciculatum (California buckwheat), Salvia 
mellifera (black sage), and Rhus integrifolia (lemonade berry). All of 
the habitat occupied by C. traskiae on Santa Catalina Island is owned 
by The Santa Catalina Island Conservancy (a private organization), 
which manages 86 percent of the land on the island.
    About 40 or 50 individuals of Cercocarpus traskiae were identified 
from Wild Boar Gully when this taxon was originally discovered 
(Eastwood 1898). The population has since been reduced to 11 mature 
trees (Cole and Lu 1979, Gaye 1991). The Santa Catalina Island 
Conservancy has planted C. traskiae seedlings in Campo Blanco Canyon, 
Ironwood Grove, and the Santa Catalina Island Nature Center in 
cooperation with the California Department of Fish and Game (Gaye, 
pers. comm. 1994).
    In 1993, a single individual of Cercocarpus traskiae was discovered 
in the Santa Monica Mountains by David Carroll (Rieseberg and Swensen 
1994; Loren Rieseberg, geneticist, Indiana State University, pers. 
comm. 1993; David Carroll, botanist, Carroll and Associates, Topanga, 
California, pers. comm. 1994). Although additional individuals may 
exist in the Santa Monica Mountains, this taxon is not likely to be 
widespread. It may represent a remnant of an ancestral or sister 
population of C. traskiae, or a hybrid between C. traskiae and the 
mainland variety, C. betuloides var. betuloides (Rieseberg and Swensen 
1994). This individual may indicate a formerly widespread distribution 
of ancestral stock (Raven 1963). However, it is also possible that this 
tree was planted (L. Rieseberg, pers. comm. 1993). Additional data or 
information on this particular occurrence is being solicited.
    Lithophragma maximum was first collected by Mrs. Nell Murbarger in 
1936 on San Clemente Island. It was originally described as 
Lithophragma maxima by Rimo Bacigalupi (1963). The specific epithet was 
later changed from L. maxima to L. maximum (Bacigalupi 1979). Although 
it was not recognized by Taylor (1965), L. maximum was retained by Munz 
(1968, 1974) and Elvander (1993).
    Lithophragma maximum is a member of the saxifrage family 
(Saxifragaceae) and blooms from April to June. It is a rhizomatous, 
perennial herb with two or three stout flowering stems from 40 to 60 cm 
(16 to 24 in.) high. Each flower-bearing stem produces 20 or more 
white, campanulate (bell-shaped) flowers, each about 1 cm (0.5 in.) in 
length (Bacigalupi 1963). The leaves are palmately compound and arise 
from the base on slender petioles 15 cm (6 in.) long. Lithophragma 
maximum is differentiated from other Lithophragma by its compound 
trifoliate leaves (Munz 1968, Elvander 1993).
    Lithophragma maximum was thought to be extinct until it was 
rediscovered in 1979 by Mitchell Beauchamp (Bacigalupi 1979). The 
number of plants on the island at Bryce Canyon has declined from 
between 12 and 15 plants (Beauchamp 1980) to 9 plants since its 
rediscovery (Beauchamp 1987, Mistretta 1992). Three of the 15 plants 
originally discovered are believed to remain at the bottom of Eagle 
Canyon (Kellogg and Kellogg 1993). Both locations are deeply incised 
canyons on the northeast side of the island. Sixteen additional plants 
were found in Near Death Canyon in 1990. However, less than 30 
individuals of the species are known to exist (California Natural 
Diversity Data Base (CNDDB) 1993, Mistretta 1992).
    Sibara filifolia was first collected by E.L. Greene in 1886 and 
described under the name Cardamine filifolia (Greene 1887a). Greene 
(1887b) later transferred it to Arabis filifolia. He proposed the new 
genus Sibara in 1896 and transferred A. filifolia to Sibara filifolia 
(Greene 1896). Sibara filifolia has been retained by Munz and Keck 
(1959), Munz (1968, 1974), and Rollins (1993).
    Sibara filifolia is a slender annual herb of the mustard family 
(Brassicaceae) that blooms from March to April (Hochberg et al. 1980b). 
It is 13 to 38 cm (5 to 15 in.) tall. The flowers are pink to purplish 
with spoon-shaped petals 3 to 6 mm (1/8 to 1/4 in.) in length. The 
pinnately compound leaves are 2.5 to 5 cm (1 to 2 in.) long, with 
narrow linear lobes. The fruit is a slender pod (celiac), 1.5 to 3 cm 
(3/5 to 1 in.) long, that contains many wingless seeds. Sibara 
filifolia is differentiated from S. virginica, which has white to 
pinkish petals and narrowly winged seeds, and from S. rosulata and S. 
deserti, which have white petals. Neither S. rosulata nor S. deserti 
occur on the Channel Islands (Munz 1974).
    The type location for Sibara filifolia is on Santa Cruz Island 
(Greene 1887a). It was last seen in 1936 and was not relocated during 
the 1985 survey of Santa Cruz Island (CNDDB 1993). It is thought to 
have once been common as well as wide ranging, since it was collected 
on two distant islands, Santa Catalina and Santa Cruz. Blanche Trask 
collected S. filifolia in 1901 on Santa Catalina Island where she 
reported it to be common in two locations (Thorne 1967). Its 
extirpation on Santa Cruz Island was brought about rapidly by intensive 
browsing of feral goats (Hochberg et al. 1980b).
    Sibara filifolia had never been known to occur on San Clemente 
Island (Oberbauer, in litt. 1980) until 1986 when it was discovered in 
two locations near Pyramid Head by Mitchell Beauchamp (Beauchamp 1987). 
Previously, it was thought to be extinct. The extent of its original 
range on San Clemente Island is unknown.
    Sibara filifolia presently exists solely on a sea terrace on the 
southern part of San Clemente Island, near Pyramid Head. It grows on 
volcanic rock scree (talus) in association with Opuntia prolifera 
(cholla), Selaginella bigelovii (spike-moss), and Lotus argophyllus 
(birds-foot trefoil) (CNDDB 1993, Beauchamp 1987). This area receives 
the highest amount of solar radiation on the island (Kellogg, pers. 
comm. 1994), which conflicts with records of historical localities 
indicating that S. filifolia ``is to be sought in shady places on the 
northward slope [on Santa Cruz Island]'' (Greene 1887a). There are 400 
or 500 of these plants currently located on San Clemente Island. Others 
are expected to be found on cool, north-facing cliff faces, perhaps at 
China Canyon (Beauchamp, pers. comm. 1994). However, the presence of S. 
filifolia at this location has yet to be verified.

Previous Federal Action

    Federal government action on two of the 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 
Cercocarpus traskiae and Lithophragma maximum (as L. maxima) for 
endangered status and Sibara filifolia as threatened. 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 

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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 C. traskiae, L. maximum and S. filifolia. The 
Service published a proposal in the June 16, 1976, Federal Register (41 
FR 24523) to determine approximately 1,700 vascular plants to be 
endangered species pursuant to section 4 of the Act. Cercocarpus 
traskiae and L. maximum were also included in this Federal Register 
notice. This list contained only proposed endangered species; 
therefore, Sibara filifolia was not included on the list.
    General comments received in response to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register (43 FR 17909) notice. 
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. In the December 10, 1979, Federal Register 
(44 FR 70796), the Service published a notice of withdrawal for that 
portion of the June 16, 1976, proposal that had not been made final, 
along with four other proposals that had expired.
    The Service published a Notice of Review for plants in the Federal 
Register on December 15, 1980 (45 FR 82480). This notice listed the 
status of Cercocarpus traskiae and Lithophragma maximum as Category 1 
candidate taxa (species for which data in the Service's possession are 
sufficient to support a proposal for listing) and also added Sibara 
filifolia to the list as a Category 1* candidate taxon (species for 
which Service data indicate likely extinction). The status of the three 
species remained unchanged until the Notice of Review for plants 
published in the Federal Register on February 21, 1990, when Sibara 
filifolia was changed to Category 1 status following its rediscovery on 
San Clemente Island.
    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 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 Cercocarpus traskiae and Lithophragma maximum because 
the 1975 Smithsonian report had been accepted as a petition. On October 
13, 1983, the Service found that the petitioned listing of these 
species was warranted, but precluded by other pending listing proposals 
of higher priority, pursuant to section 4(b)(3)(B)(iii) of the Act. 
Notification of this finding was published in the Federal Register 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 petition 
was reviewed in October of 1984, 1985, 1986, 1987, 1988, 1989, 1990, 
1991, 1992, and 1993. Publication of this proposal constitutes the 
final finding for these three plant taxa.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act (16 U.S.C. 1533 et seq.) 
and regulations (50 CFR 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 Cercocarpus 
traskiae Eastwood (Catalina Island mountain-mahogany), Lithophragma 
maximum Bacigalupi (San Clemente Island woodland-star), and Sibara 
filifolia Greene (Santa Cruz Island rockcress) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of their habitat or range. Destruction of habitat by feral 
animals has caused long-term impacts to the structure of the habitat on 
all the Channel Islands. Loss of habitat for endemic species was 
precipitated by defoliation from overgrazing, the loss of topsoil, and 
formation of incised canyons due to increased erosion (Kellogg and 
Kellogg 1994). The loss of soil organic matter and reduction of soil 
nutrient cycling and water-holding capacity promoted the invasion of 
non-native plants.
    The decline of the native flora of Santa Catalina Island began with 
the proliferation of introduced herbivores (Thorne 1969). Goats were 
introduced to the island as early as 1807 (Misty Gaye, naturalist, 
Catalina Island Conservancy, pers. comm. 1994). Goats are known to 
consume coarse vegetation such as shrubs and trees, including 
Cercocarpus traskiae (Coblentz 1980). Sheep ranching became important 
on the island in the 1850's (Minnich 1980). Sheep eat herbaceous 
vegetation that would have included Sibara filifolia. Other non-native 
herbivores introduced to Santa Catalina Island included pigs, bison, 
and deer. Pigs uprooted seedlings and impacted both S. filifolia and C. 
traskiae (Thorne 1969; Gaye, pers. comm. 1994). Although the Santa 
Catalina Island Company eliminated sheep grazing in the 1950's (Thorne 
1969), the population of feral goats and pigs continued to increase. A 
goat and pig management program has reduced the number of feral 
herbivores that threaten native plant species but the threat still 
remains (see Factor C) (Dave Garcelon, depredation control biologist, 
Institute For Wildlife, Santa Catalina Island, pers. comm. 1994; Gaye, 
pers. comm. 1994).
    Pigs continue to degrade the habitat of Cercocarpus traskiae on 
Santa Catalina Island by preventing surface litter from accumulating. 
Surface litter holds moisture and seeds on the steep slopes. Pigs also 
create a network of bare trails with compacted soils. The vegetation 
loses its tiered, overlapping structure because shrubs become isolated 
by surrounding trails (Gaye, pers. comm. 1994). A noticeable increase 
in surface litter and a corresponding increase in seedlings of all 
types have been observed since the numbers of pigs and goats have 
declined, but trails and bare soil are still common (Gaye, pers. comm. 
1994).
    The San Clemente Island Sheep and Wool Company leased that island 
from the U.S. Government from 1877 to 1934 (Raven 1963). The island's 
ownership was subsequently transferred to the Department of Defense 
(Navy). The island is currently used as an artillery practice range and 
as a ship-to-shore bombing area (Kellogg and Kellogg 1994). Goats were 
present on San Clemente Island prior to 1827 (Dunkle 1950). Although 
the Navy eliminated sheep grazing in 1934, the goat population 
proliferated (Kellogg and Kellogg 1994). In addition, the California 
Department of Fish and Game introduced pigs to the island in 1951 and 
mule deer in 1962. Populations of feral pigs and goats ranged between 
15,000 and 25,000. The Navy removed all feral goats and pigs by 1991, 
in an effort to preserve endemic flora and fauna (Clark Winchell, 
biologist, Navy, Department of Natural Resources, pers. comm. 1994).
    The decline of Santa Cruz Island's flora, including extirpated 
populations of Sibara filifolia, is primarily due to overgrazing by 
sheep and other non-native herbivores. Sheep, cattle, horses, and pigs 
were introduced to Santa Cruz Island (Steve Junak, herbarium curator, 
Santa Barbara Botanic Gardens, pers. comm. 1994). The population of 
sheep has ranged from between 20,000 and 50,000 or more (Schuyler 1980, 
Brumbaugh 1980). Cycles of defoliation and erosion are evident in the 
stratigraphic studies of deposits from debris slides and correlate with 
the introduction of sheep to the island and periods of drought 
(Brumbaugh 1980). 

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Most feral herbivores have been removed but pigs remain (see Factor C).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Due to its extreme rarity, Cercocarpus traskiae 
may become vulnerable to collecting by curiosity seekers as a result of 
increased publicity following the publication of a listing proposal. 
Overutilization is not known to be applicable for Lithophragma maximum 
and Sibara filifolia. Both species occur on San Clemente Island, where 
public access is restricted by the Navy.
    C. Disease or predation. Feral herbivores continue to threaten the 
survival of Cercocarpus traskiae on Santa Catalina Island and the 
possible reappearance of Sibara filifolia on Santa Catalina and Santa 
Cruz Islands. Non-native mule deer (Odocoileus hemionus) and goats 
(Capra hircus) consume endemic plants including Cercocarpus traskiae. 
Severe browsing may kill plants directly and prevent successful 
reproduction of surviving individuals (Thorne 1969; Gaye, pers. comm. 
1994).
    The decline of Cercocarpus traskiae is primarily due to grazing by 
feral goats and pigs (Sus scrofa). They nearly extirpated this taxon by 
the early 1970's (Gaye, pers. comm. 1994). Fencing was installed around 
the last two individuals known to exist at that time (Rieseberg 1991). 
This fencing was improved to exclude pigs in 1985, and perimeter 
fencing was added to limit access by other non-native animals (Gaye 
1991). As a result, seedling counts increased from 1 in 1984 to 55 in 
1986 and 74 seedlings in 1987 (CNDDB 1993, Gaye 1988). In 1994, 
however, a total of only 54 seedlings was found (Gaye, pers. comm. 
1994). Most of the C. traskiae trees do not have individual pig-proof 
fencing around them and the perimeter fencing does not exclude pigs 
(Gaye, pers. comm. 1994). Pigs are limiting the recovery of C. traskiae 
seedlings because they uproot new seedlings while searching for bulbs. 
Approximately 2,000 pigs remain on Santa Catalina Island. The Santa 
Catalina Island Conservancy pig removal program is keeping the 
populations from increasing (Dave Garcelon, pers. comm. 1994).
    Although managers for the Santa Catalina Island Conservancy have 
removed more than 8,000 goats from the island, 300 to 400 goats remain 
on the island. Populations of introduced mule deer are increasing, now 
that goat populations have been reduced (Garcelon, pers. comm. 1994). 
Reduced predation by goats has resulted in successful basal sprouting 
of Cercocarpus traskiae, but a continued increase in deer populations 
might reverse this trend. Although the perimeter fencing along Wild 
Boar Gully limits the access of deer and goats to Cercocarpus, it does 
not entirely exclude them (Gaye 1988).
    Sibara filifolia was apparently extirpated from Santa Cruz Island 
by overgrazing (Hochberg et al. 1980b). Although some areas have been 
fenced, sheep and pigs continue to re-invade these areas and their 
numbers appear to be increasing. It is possible that Sibara filifolia 
could be rediscovered on Santa Cruz Island; however, grazing by non-
native animals may prevent its re-establishment (Steve Junak, pers. 
comm. 1994).
    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 (CESA); (2) the California Environmental Quality Act (CEQA) and the 
National Environmental Policy Act (NEPA); (3) conservation provisions 
under section 404 of the Federal Clean Water Act (CWA) and section 1603 
of the California Fish and Game Code; (4) occurrence with other species 
protected by the Federal Endangered Species Act or other Federal laws; 
and (5) local laws and regulations.
    The California Fish and Game Commission has listed Cercocarpus 
traskiae and Lithophragma maximum as endangered under the Native Plant 
Protection Act (NPPA) (Division 2, chapter 10, section 1900 et seq. of 
the California Fish and Game Code) and the California Endangered 
Species Act (CESA) (Division 3, chapter 1.5, section 2050 et seq.). 
Listing by the State of California requires individuals to obtain a 
memorandum of understanding with the California Department of Fish and 
Game (CDFG) to possess or ``take'' a listed species. Although both 
statutes prohibit the ``take'' of State-listed plants (chapter 10, 
section 1908 and chapter 1.5, section 2080, California Fish and Game 
Code), State law appears to exempt the taking of such plants via 
habitat modification or land use change by the landowner. After the 
CDFG notifies a landowner that a State listed plant occurs on his or 
her property, State law requires only that the landowner notify the 
agency ``at least 10 days in advance of changing the land use to allow 
salvage of such plant'' (Chapter 10, section 1913, California Fish and 
Game Code). Sibara filifolia is not State-listed and has no protection 
under these laws.
    The California Environmental Quality Act (CEQA) (Public Resources 
Code, section 21000 et seq.) requires that the potential environmental 
impacts of proposed projects be disclosed to the public. 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 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.'' Once significant effects are identified, 
the lead agency may either require mitigation or determine that 
``overriding social and economic considerations'' make mitigation 
infeasible (California Public Resources Code, Guidelines, section 
15093). In the latter case, projects may be approved that cause 
significant environmental damage, such as destruction of endangered 
plant species or their habitat. Small projects on private lands, such 
as road building or fence installation, often qualify for an exemption 
under CEQA known as a ``negative declaration.'' These projects do not 
require a full environmental assessment. Consequently, take of 
endangered species could result because the existence of the plant at 
the project site may have been overlooked.
    Like CEQA, the National Environmental Policy Act (NEPA) requires 
disclosure of the environmental effects of projects under Federal 
jurisdiction. Sibara filifolia and Lithophragma maximum are found on 
San Clemente Island, which is federally owned. However, the Service's 
comments through NEPA's environmental review processes are only 
advisory. Project proponents are not required to avoid impacts to these 
species, and proposed mitigation measures are frequently not adequately 
implemented.
    Section 1603 of the California Fish and Game Code authorizes the 
Department of Fish and Game to regulate streambed alteration. The 
Department must be notified and approve any work that substantially 
diverts, alters, or obstructs the natural flow or substantially changes 
the bed, channel, or banks of any river, stream, or lake. If an 
existing fish or wildlife resource may be substantially adversely 
affected by a project, CDFG must submit proposals to protect the 
species within 30 days. However, if the Department does not respond 
within 30 days of notification, the applicant may proceed with the 
work.
    Section 404 of the Clean Water Act authorizes the U.S. Army Corps 
of 

[[Page 37991]]
Engineers (Corps) to regulate the discharge of dredged or fill 
materials into waters of the United States (33 CFR parts 230-330). 
Waters of the United States include navigable and other waters, their 
headwaters (streams with an average annual flow of less than 5 cubic 
feet per second), and wetlands (either adjacent to other waters or 
isolated). Section 404 regulations require that applicants obtain an 
individual permit for projects that do not meet the terms and 
conditions of any available Nationwide permits (33 CFR part 330). 
Projects that qualify for authorization under Nationwide Permit 26 (NWP 
26) will adversely impact 0.40 to 4.0 hectares (1 to 10 acres) of 
isolated or headwater wetlands, and cause only minimal environmental 
impacts. These projects can usually be permitted with minimal 
environmental review by the Corps. Projects that qualify for 
authorization under NWP 26 and that affect less than 0.41 hectares (1 
acre) of isolated waters or headwaters may proceed without notifying 
the Corps. Evaluation of impacts of such projects is thus precluded 
under the section 404 permit process, although an individual permit may 
be required by the Corps if projects otherwise qualifying under NWP 26 
would have greater than minimal environmental impacts. The Corps, 
however, is generally reluctant to withhold authorization under NWP 26 
unless the existence of a federally listed threatened or endangered 
species would be jeopardized. Candidate species receive no special 
consideration under section 404, regardless of the type of permit 
deemed necessary. Thus, these three taxa currently receive insufficient 
protection under section 404. Cercocarpus traskiae and Lithophragma 
maximum may grow in gullies and canyons that may be regulated as 
jurisdictional waterways under section 404 of the CWA or section 1603 
of the California Fish and Game Code. These waterways do not have 
running water most of the year and plants could be damaged when project 
planners fail to recognize that a section 404 or section 1603 permit is 
required for the intended action.
    The location of extant populations of these three species does not 
coincide with that of federally listed plant species on the islands. 
Therefore, Federal protection under the Act does not currently extend 
to the species being proposed (Kellogg and Kellogg 1994; Gaye, pers. 
comm. 1994). Local laws and regulations are currently providing 
inadequate protection for these species. Laws prohibiting ``take'' of 
native plants do not protect them from feral herbivores. Although 
managers of San Clemente Island have removed herbivores from the 
island, natural threats and impacts from activities such as fires, 
bombing, and bulldozing continue (Kellogg, pers. comm. 1994).
    E. Other natural or manmade factors affecting their continued 
existence. As a consequence of habitat degradation on the islands, the 
proportion of invasive exotic plant species to native and endemic 
species has increased. On San Clemente Island, 98 species are exotic 
(Kellogg and Kellogg 1994), compared to 1886 when Lyon's ``Flora of our 
southwestern archipelago'' listed only 10 exotic plant species (Lyon 
1886). Naturalized exotics have permanently altered the species 
composition of natural communities and increased competition with 
native species. Non-native plants have invaded native habitat and 
removed niches for rare and sensitive species (Hochberg et al. 1980a). 
The abundance of exotic plants continues to adversely affect the 
island's endemic plant species and contributes to their slow recovery 
from predation by feral animals prior to their removal in 1991 (Kellogg 
and Kellogg, 1993). The disparity between the reported habitat of 
Sibara filifolia on shady north-facing slopes and its present habitat 
on grass-free, south-facing slopes suggests that grasses may prevent 
the expansion of S. filifolia into otherwise suitable habitat (Green 
1887a; Kellogg, pers. comm. 1994).
    Lithophragma maximum is thought to have existed on the plateau area 
of San Clemente Island before the invasion of non-native grasses 
(Kellogg, pers. comm. 1994). The remaining habitat of L. maximum 
persists only within steep canyons. Erosion threatens not only the 
individual plants but the entire habitat that supports them. During the 
winter of 1979-1980, ``large portions of canyon walls were observed to 
have sloughed off taking large numbers of endemic plants with them'' 
(Beauchamp and Ferguson 1980).
    Fires related to military activities, drought, and erosion have 
contributed to the decline of Lithophragma maximum, Sibara filifolia, 
and other species endemic to San Clemente Island (Kellogg and Kellogg 
1994).
    Cercocarpus traskiae is threatened by hybridization with the 
locally common C. betuloides var. betuloides. Because only 12 mature 
individuals of C. traskiae are known to exist, genetic swamping of the 
species would be the probable outcome of hybridization. The uniqueness 
of the species would be compromised or lost due to the influx of 
variability from the larger population. Rieseberg has recommended 
elimination of mature hybrids as a means of preserving the species 
(Rieseberg et al. 1989).
    Stochastic (random) events threaten the continued existence of 
Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia by 
virtue of their small population sizes and limited distribution. The 
limited gene pool may depress reproductive vigor, or a single human-
caused or natural environmental disturbance could destroy a significant 
percentage of the remaining individuals. Cercocarpus traskiae is known 
from only 2 populations with 12 mature individuals. Two populations 
comprising fewer than 30 individuals of L. maximum are known to exist. 
Sibara filifolia is known from only 1 population of 400 to 500 
individuals.
    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 
Cercocarpus traskiae, Sibara filifolia, and Lithophragma maximum as 
endangered. Two of the species are known from fewer than 30 
individuals. All three species are known from no more than two 
populations. The three species are threatened by one or more of the 
following: degradation of habitat and predation by feral animals, 
competition with exotic plant species, erosion, hybridization, and 
inadequacy of existing regulatory mechanisms. Small population size and 
limited distribution make these species particularly vulnerable to 
extinction and/or reduced reproductive vigor from stochastic events. 
Because these species are in danger of extinction throughout all or a 
significant portion of their ranges, they fit the definition of 
endangered as defined in the Act. Critical habitat is not being 
proposed for these species at this time for reasons discussed below.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at 

[[Page 37992]]
which listing under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. Service 
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.
    The Service finds that designation of critical habitat is not 
prudent at this time for Cercocarpus traskiae. All known populations of 
this species are on privately owned lands with little or no Federal 
involvement. The additional protection of critical habitat is achieved 
through Federal agency consultation under section 7 of the Act. The 
Santa Catalina Island Conservancy is aware of the presence of the 
species, supports the proposal to list the species, and is currently 
working to protect the population. Therefore the designation of 
critical habitat for C. traskiae would not appreciably benefit the 
species. Additionally, maps published in the Federal Register giving 
precise locations of populations of C. traskiae, as required for 
designation of critical habitat, may increase incidents of vandalism or 
collection of this species by collectors or curiosity seekers.
    The Service also determines that designation of critical habitat is 
not prudent for Sibara filifolia or Lithophragma maximum. Extant 
populations of these two species occur on Federal lands managed by the 
Navy and are subject to section 7 consultation and recovery planning 
under the Act. San Clemente Island is owned by the Navy and contains 
the only known populations of these two species (with the exception of 
one mainland individual of Lithophragma maximum). The present range of 
Sibara filifolia is within the ship to shore bombing area on San 
Clemente Island. Section 7 consultation (50 CFR 402 subpart B) requires 
that Federal agencies confer with the Service to evaluate the potential 
impacts of any federally executed, funded, or authorized actions on 
listed and proposed species or critical habitat. Listing of these two 
species as endangered would ensure that consultation occurs and 
potential impacts to the species are considered. Due to the limited, 
insular range of Sibara filifolia and Lithophragma maximum, designation 
of critical habitat would not provide any additional benefit to them.

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 
practices. Recognition through listing results in public awareness and 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the States and requires that recovery 
plans be developed 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, 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 species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of the 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 consultation with the Service.
    The U.S. Army Corps of Engineers would be involved through their 
permitting authority under section 404 of the CWA. The Navy owns San 
Clemente Island and administers lands containing Sibara filifolia and 
Lithophragma maximum and authorizes, funds, or otherwise conducts 
activities that may affect these species.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.61, 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 the species to possession from areas 
under Federal jurisdiction. In addition, for plants listed as 
endangered, the Act prohibits the malicious damage or destruction on 
areas under Federal jurisdiction and the removal, cutting, digging up, 
or damaging or destroying of such plants in knowing violation of any 
State law or regulation, including State criminal trespass law. Certain 
exceptions to the prohibitions 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 plants under certain circumstances. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species. It is anticipated that few trade permits would 
ever be sought or issued for these species since they are not in 
cultivation or common in the wild.
    It is the policy of the Service, published in the Federal Register 
(59 FR 34272) on July 1, 1994, to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of this 
listing on proposed and ongoing activities within the species' range. 
Sibara filifolia and Lithophragma maximum are known to occur on lands 
under the jurisdiction of the Navy. Collection, damage, or destruction 
of listed species on these lands is prohibited, although in appropriate 
cases a Federal endangered species permit may be issued to allow 
collection. Such activities on non-Federal lands, as would be the case 
for Cercocarpus traskiae, would constitute a violation of section 9, if 
activities were conducted in knowing violation of State law or 
regulations or in violation of State criminal trespass law. The Service 
is not aware of any otherwise lawful activities currently being 
conducted or proposed by the public that would be affected by this 
listing and result in a violation of section 9.
    Questions regarding whether specific activities would constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Carlsbad Field Office (see ADDRESSES section). Requests 
for copies of the regulations concerning listed plants and general 
inquiries regarding prohibitions and permits may be addressed to the 
U.S. 

[[Page 37993]]
Fish and Wildlife Service, Ecological Services, Endangered Species 
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone 
503/231-2063; facsimile 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 Sibara filifolia, Lithophragma maximum, 
and Cercocarpus traskiae;
    (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.
    Final promulgation of the regulations on these species 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 one or more public hearings 
on this proposal, if requested. Requests must be received by September 
25, 1995. 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 Environmental 
Assessments or Environmental Impact Statements, 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 U.S. Fish and Wildlife Service, Carlsbad Field Office 
(see ADDRESSES section).

    Author. The primary author of this document is Debra Kinsinger, 
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 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 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 name           Status     When listed    Critical     Special  
     Scientific name            Common name                                                                                       habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Flowering Plants                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Cercocarpus traskiae....  Catalina Island          U.S.A. (CA)............  Rosaceae...............  E             ...........           NA           NA
                           mountain-mahogany.                                                                                                           
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Lithophragma maximum....  San Clemente Island      U.S.A. (CA)............  Saxifragaceae..........  E             ...........           NA           NA
                           woodland-star.                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Sibara filifolia........  Santa Cruz Island        U.S.A. (CA)............  Brassicaceae...........  E             ...........           NA           NA
                           rockcress.                                                                                                                   
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: July 5, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-18241 Filed 7-24-95; 8:45 am]
BILLING CODE 4310-55-P