[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Proposed Rules]
[Pages 37993-38011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18242]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AD39


Endangered and Threatened Wildlife and Plants; Proposed Rule for 
16 Plant Taxa From the Northern Channel Islands, California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for 16 plant taxa from the northern Channel Islands, 
California: Arabis hoffmannii (Hoffmann's rock-cress), Arctostaphylos 
confertiflora (Santa Rosa Island manzanita), Berberis pinnata ssp. 
insularis (island barberry), Castilleja mollis (soft-leaved 
paintbrush), Dudleya 

[[Page 37994]]
blochmaniae ssp. insularis (Santa Rosa Island dudleya), Dudleya sp. 
nov. ``East Point'' (munchkin dudleya), Dudleya nesiotica (Santa Cruz 
Island dudleya), Galium buxifolium (island bedstraw), Gilia tenuiflora 
ssp. hoffmannii (Hoffmann's slender-flowered gilia), Helianthemum 
greenei (island rush-rose), Heuchera maxima (island alumroot), 
Malacothamnus fasciculatus ssp. nesioticus (Santa Cruz Island 
bushmallow), Malacothrix indecora (Santa Cruz Island malacothrix), 
Malacothrix squalida (island malacothrix), Phacelia insularis ssp. 
insularis (island phacelia), and Thysanocarpus conchuliferus (Santa 
Cruz Island fringepod). The 16 plant taxa and their habitats have been 
variously affected or are currently threatened by one or more of the 
following: soil loss; habitat alteration by mammals alien to the 
Channel Islands (pigs, goats, sheep, donkeys, cattle, deer, elk, 
bison); direct predation by these same alien mammals; habitat 
alteration by native seabirds; habitat alteration due to vehicular 
traffic; overcollection for scientific or recreational purposes; 
competition with alien plant taxa; reduced genetic viability; depressed 
reproductive vigor; and the chance of stochastic extinction resulting 
from small numbers of individuals and populations.

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 should be sent to the Field 
Supervisor, Ventura Field Office, U.S. Fish and Wildlife Service, 2493 
Portola Road, Suite B, Ventura, California 93003. Comments and 
materials received will be available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Carl Benz, Assistant Field Supervisor, 
Ventura Field Office (see ADDRESSES section) (telephone number 805/644-
1766; facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

    Arabis hoffmanii (Hoffmann's rock-cress), Arctostaphylos 
confertiflora (Santa Rosa Island manzanita), Berberis pinnata ssp. 
insularis (island barberry), Castilleja mollis (soft-leaved 
paintbrush), Dudleya blochmaniae ssp. insularis (Santa Rosa Island 
dudleya), Dudleya sp. nov. ``East Point'' (munchkin dudleya), Dudleya 
nesiotica (Santa Cruz Island dudleya), Galium buxifolium (island 
bedstraw), Gilia tenuiflora ssp. hoffmannii (Hoffmann's slender-
flowered gilia), Helianthemum greenei (island rush-rose), Heuchera 
maxima (island alumroot), Malacothamnus fasciculatus ssp. nesioticus 
(Santa Cruz Island bushmallow), Malacothrix indecora (island 
malacothrix), Malacothrix squalida (Santa Cruz Island malacothrix), 
Phacelia insularis ssp. insularis (island phacelia), and Thysanocarpus 
conchuliferus (Santa Cruz Island fringepod) are California Channel 
Island endemics. The only species in this group that is not exclusive 
to the northern island group is the island rush-rose, with one 
population known from Santa Catalina Island.
    Located offshore and south of Santa Barbara County, the four 
northern islands (from west to east: San Miguel, Santa Rosa, Santa 
Cruz, and Anacapa) are the highest points on a 130 kilometer (km) (80 
mile (mi)) long seamount (Dibblee 1982). They are included within the 
boundaries of the Channel Islands National Park (CINP). Anacapa Island 
is the smallest of the four northern islands and is divided into east, 
middle, and west islands totalling 2.9 square km (1.1 square mi); it is 
the closest island to the mainland at a distance of 20 km (13 mi). East 
and Middle Anacapa islands are flat-topped, wave-cut terraces largely 
surrounded by steep cliffs. West Anacapa is the highest of the three, 
reaching 283 meters (m) (930 feet (ft)) above sea level. Santa Cruz 
Island is the largest of the California Channel Islands at 249 square 
km (96 square mi) with the highest point being 753 m (2,470 ft) above 
sea level and has a fault-controlled central valley that creates a dry 
interior condition. Santa Rosa Island is 217 square km (84 square mi) 
in area and 475 m (1,560 ft) at its highest point. San Miguel Island, 
the westernmost of the northern group, is 37 square km (14 square mi) 
in area and 253 m (830 ft) in height. Santa Catalina Island (south Los 
Angeles County) is 194 square km (75 square mi) in area and its highest 
elevation is 648 m (2,125 ft) above sea level (Power 1980).
    Much of the northern Channel Islands are managed by Federal 
agencies. San Miguel Island is under the jurisdiction of the U.S. 
Department of the Navy (Navy), but the National Park Service (NPS) has 
operational jurisdiction through a Memorandum of Agreement. Anacapa 
Island is managed by the NPS with an inholding for the U.S. Coast Guard 
lighthouse. The western 90 percent of Santa Cruz Island is owned and 
managed by The Nature Conservancy (TNC). Almost all of the remaining 10 
percent of the island is under the jurisdiction of the NPS. Except for 
the City of Avalon, Santa Catalina Island is privately owned and 
managed by the Catalina Island Conservancy.
    Anacapa and Santa Barbara islands were set aside as a National 
Monument in 1938. In 1980 the U.S. Congress abolished the National 
Monument and incorporated those lands, waters and interests into 
National Park status, adding Santa Cruz Island and Santa Rosa Island 
(at that time privately owned) within the boundaries. The NPS 
acquisition of Santa Rosa Island in 1986 was accomplished by outright 
fee purchase from the Vail and Vickers Ranching Company. This 
acquisition included the potential option for a 25-year continuation of 
cattle ranching and a subleased commercial deer and elk hunting 
operation, of which 18 years remain, as long as the Secretary of the 
Interior determines that the property is being used for purposes 
compatible with the administration of the park or with the preservation 
of its resources.
    In 1769 in San Diego, the establishment of the mission system 
began. Attempts to remove the native Chumash Indian populations from 
Santa Cruz Island to the mainland were completed by 1814 (Hobbs 1983). 
Subsequent land use practices on the islands focused on the 
introduction of a variety of livestock (sheep (Ovis domesticus), goats 
(Capra hircus), cattle (Bos taurus), burros (Equus asinus), and horses 
(E. caballus)) and game species (pigs (Sus scrofa), deer (Odocoilius 
hemionus), elk (Cervus canadensis roosevelti), rabbits (Oryctolagus 
cuniculus), wild turkey (Melegris gallopavo), California quail 
(Callipepla californica), and chukar (Alectoris chuckar)) for ranching 
and hunting purposes (Hochberg et al. 1980a, Minnich 1980, Jones et al. 
1989).
    The introduction of domestic animals to island ecosystems has had 
catastrophic effects on the vegetation. Because of the absence of 
natural population controls such as disease and predation, livestock 
overpopulated the islands. The ultimate control on population sizes for 
livestock on islands has been starvation (Sauer 1988). Records for 
Santa Cruz Island indicate that sheep had been introduced in the early 
1830's; by 1875, sheep stocking was around 50,000 head (Hobbs 1983). In 
1890, perhaps as many as 100,000 sheep grazed on Santa Cruz Island 
(Hochberg et al. 1980a). Pigs had been released on Santa Cruz Island by 
1854 (Hobbs 1983). Conditions of overgrazing combined with drought 
occurred in 1864, 1870-72, 1877, 1893-1904, 1923-24, 1935, 1946-48, 
1964, (Dunkle 1950, Johnson 1980) and most recently 1986-

[[Page 37995]]
91 (Halvorson 1993). These episodes resulted in livestock losses to 
starvation (Johnson 1980). Manipulation of the vegetation by over 150 
years of intensive grazing and browsing has resulted in the replacement 
of native plant communities with non-native grasslands (Minnich 1980, 
Hobbs 1983).
    Several non-native weedy plant species have invaded the disturbed 
habitats of the islands. One of the most obvious problem species is 
fennel (Foeniculum vulgare) on Santa Cruz Island. Fennel and other 
aggressive non-native weed species displace native species and further 
threaten the insular ecosystems (Smith 1989, Simberloff 1990). Research 
methods and results to date for the control of fennel were the topics 
of many presentations at the fourth Channel Islands symposium held in 
March 1994 (Brenton and Klinger 1994, Dash and Gliessman 1994, 
Gliessman 1994).
    Some progress has been made toward eliminating alien animals from 
the islands. TNC has eliminated the sheep from the western portion of 
Santa Cruz Island; however, sheep from the eastern portion of the 
island are reinvading westward. The NPS has recently removed all the 
pigs from Santa Rosa Island. A program to control goats and pigs is 
being implemented on western Santa Catalina Island. However, no action 
has been taken to eliminate deer and elk from Santa Rosa Island, or 
pigs and the remaining sheep from Santa Cruz Island, or bison from 
Santa Catalina Island.
    The main habitat types on the islands include coastal dune, coastal 
bluff, grasslands, coastal sage scrub, chaparral, oak and ironwood 
woodlands, riparian woodlands, and conifer forest; various subdivisions 
of these types have been described by Dunkle (1950), Philbrick and 
Haller (1977), Minnich (1980), and Clark et al. (1990). The floristics 
of the islands are composed of elements that have a variety of origins. 
Relictual species (wide ranging paleobotanic fossil records) such as 
the endemic island ironwoods (Lyonothamnus floribundus) and species 
with disjunct distributions with the mainland such as the Torrey pine 
(Pinus torreyana) occur in canyons and slopes that provide higher 
moisture levels than the surrounding areas. Unique insular endemics, 
including all of the species in this proposed rule, have been discussed 
by Raven (1967), Philbrick (1980), and Wallace (1985).
    Coastal beach and associated dune habitats occur in the windiest 
sandy locations on the three westernmost islands. These coastal 
habitats appear to be relatively undisturbed compared to mainland sites 
where development and recreation have largely eliminated them. Coastal 
bluff habitat has provided a refugium from habitat elimination that 
accompanies grazing by non-native animals (Minnich 1980, Halvorson et 
al. 1992). The upland habitat was largely shrubland; many of the 
representative species are now found only on bluff sites (D'Antonio et 
al. 1992). The grasslands are largely composed of non-native annual 
species and have greatly expanded at the expense of most other habitat 
types (Hobbs 1983, Cole 1994). Historic photographs reveal the loss of 
woody vegetation from the islands during the last 100 years (Hobbs 
1980, Minnich 1980). The coastal sage scrub habitat has increased in 
importance on Anacapa and San Miguel Islands where grazing effects have 
been removed (Johnson 1980). There, the controlling effects of grazing 
on the elimination of shrubs and the artificial maintenance of 
grasslands have been reversed. The coastal sage habitat is composed of 
soft-leaved, soft-stemmed plants that are palatable to browsers and 
grazers. The original coastal sage scrub habitat has been reduced by 
overgrazing to the extent that it persists only in locations that are 
inaccessible to grazing and browsing animals, as in patches of cactus 
and on bluffs (Minnich 1980, Hobbs 1983).
    The pre-grazing importance of cactus in the island communities will 
never be known. Overgrazing results in the spread of cactus to areas 
that have been denuded by livestock. Overgrazing on Santa Cruz Island 
greatly facilitated the spread of cactus to the point that over 40 
percent of the ``rangeland'' was rendered useless (Hochberg et al. 
1980a). Cactus habitats on Santa Cruz and Santa Rosa Islands have been 
dramatically reduced to improve cattle operations by the introduction 
of biological controls (Hochberg et al. 1980a).
    The physical condition of the remnant chaparral habitats has been 
modified by grazing and browsing such that shrubs form arborescent 
(treelike) shapes. The continued browsing by deer and elk on Santa Rosa 
Island has created an open ``skeleton'' community reticulated by game 
trails that provide access to nearly 100 percent of the habitat 
(Hochberg et al. 1980a; Tim Thomas, U. S. Fish and Wildlife Service 
(USFWS), pers. obs., 1993). Historic reports of the conditions on the 
islands indicate that the brushlands were impenetrable (Hochberg et al. 
1980a). Island woodlands are dominated by unique endemic species and 
heavily affected by grazing, browsing, and rooting animals seeking 
summer shelter and food (Clark et al. 1990, Halvorson 1993). The 
riparian habitats are heavily modified physically and structurally, and 
in some areas they have been completely eliminated (Hochberg et al. 
1980a, Minnich 1980). Normally, a canyon with year-round water will 
have well-developed riparian vegetation that includes willows (Salix 
spp.), sycamores (Platanus racemosa), cottonwoods (Populus spp.) and 
oaks (Quercus spp.). This vegetation would typically support a rich 
diversity of organisms, especially neo-tropical migratory bird species 
(Paul Collins, Santa Barbara Museum of Natural History, pers. comm., 
1994). The riparian habitat is one of the most significant on the 
islands. Years of livestock overutilization have considerably reduced 
this resource-rich habitat. The pine forests that are protected from 
grazing have well-developed foliar cover and pine reproduction (Hobbs 
1978). In contrast, Clark et al. (1990) report that pine forests that 
are subjected to grazing lack the protective nutrient layer of ground 
litter and exhibit no reproduction. Pigs, cattle, deer, goats, sheep, 
and bison continue to threaten and further degrade whole ecosystems on 
the islands (Sauer 1988, Halvorson 1993).
    Islands, with their many endemic species of plants and animals, 
have long attracted the attention of biologists and are among the 
world's most fragile and unique ecosystems. Fifty-four island endemic 
plant species are known from the northern Channel Islands; 15 species 
are single island endemics (Halvorson et al. 1987). Some of the most 
striking examples of extinction have occurred from islands around the 
world; from the Channel Islands, notable extinctions include the Santa 
Barbara Island song sparrow (Melospiza melodia cooperi) and the Santa 
Cruz Island monkeyflower (Mimulus brandegei). Twelve plant species have 
been extirpated from various islands within the northern island group: 
three from Santa Cruz (Malacothrix incana, Mimulus brandegei, and 
Sibaria filifolia), three from Santa Rosa (Berberis pinnata ssp. 
insularis, Phacelia insularis ssp. insularis, and Helianthemum 
greenei), and six from San Miguel (Grindelia latifolia, Ceanothus 
megacarpus ssp. insularis, Rhamnus pirifolia, Haplopappus ericoides, 
Castilleja mollis, and Dithyrea maritima) (Philbrick 1980, Halvorson et 
al. 1987, Clark et al. 1990).

[[Page 37996]]


Discussion of the Taxa Included in This Proposal

    Table 1 summarizes the growth habit and population distribution for 
the 16 taxa in this proposal.

  Table 1.--Growth Habit, Estimated Populations Within the Last Five Years, and Insular Distribution of Sixteen 
    Proposed Endangered Plant Taxa From the Northern Channel Islands, California; mA=middle Anacapa, wA=west    
    Anacapa, CR=Santa Cruz, RO=Santa Rosa, MI=San Miguel, CA=Santa Catalina, P(  )=Historic Distribution But    
                                     Believed Extirpated From This Location                                     
----------------------------------------------------------------------------------------------------------------
          Scientific name                   Growth habit                 Est. pops.             Distribution    
----------------------------------------------------------------------------------------------------------------
Arabis hoffmanii..................  Perennial herb.............  3........................  (RO), CR, (wA)      
Arctostaphylos confertifolia......  Shrub......................  Less than 10.............  RO                  
Berberis pinnata ssp. insularis...  Shrub/Vine.................  5........................  (RO), CR, wA        
Castilleja mollis.................  Perennial..................  2........................  (MI), RO            
Dudleya blochmaniae ssp. insularis  Succulent..................  1........................  RO                  
Dudleya sp. nov. ``East Point''...  Succulent..................  1........................  RO                  
Dudleya nesiotica.................  Succulent..................  1........................  CR                  
Galium buxifolium.................  Sub-shrub..................  10.......................  MI, CR              
Gilia tenuiflora ssp. hoffmannii..  Annual.....................  1........................  RO                  
Helanthemum greenei...............  Sub-shrub..................  7........................  (RO), CR, CA        
Heuchera maxima...................  Perennial..................  27.......................  RO, CR, wA          
Malacothamnus fasciculatus ssp.     Shrub......................  2........................  CR                  
 nesioticus.                                                                                                    
Malacothrix indecora..............  Annual.....................  1........................  (MI), CR            
Malacothrix squalida..............  Annual.....................  3........................  CR, mA              
Phacelia insularis ssp. insularis.  Annual.....................  5........................  MI, (RO)            
Thysanocarpus conchuliferus.......  Annual.....................  8........................  CR                  
----------------------------------------------------------------------------------------------------------------

    Hoffmann's rock-cress (Arabis hoffmannii) was first described by 
Philip Alexander Munz as Arabis maxima var. hoffmannii in 1935 based on 
specimens collected by Ralph Hoffmann at the ``sea cliffs east of 
Dick's Harbor,'' now known as Platts Harbor, on Santa Cruz Island in 
1932 (Rollins 1936). However, the first collection of this rock-cress 
was made by T.S. Brandegee in 1888 from an unspecified location on 
Santa Cruz Island. In 1936, Reed Clark Rollins elevated the taxon to 
species status by publishing the name Arabis hoffmannii. This 
nomenclature is upheld in the most recent treatment for the genus 
(Rollins 1993).
    Arabis hoffmannii is a slender herbaceous perennial in the mustard 
(Brassicaceae) family. The one to several stems reach 0.6 m (2.0 ft) 
high, and have slightly toothed basal leaves. The white flowers, 
comprised of four petals 1 centimeter (cm) (0.4 inch (in)) long, are 
found at the tips of the stems. The slightly curved fruits are borne on 
long stalks and enclose two rows of seeds in each of two chambers. The 
only other rock-cress that occurs on the islands, Arabis glabra var. 
glabra, is a taller plant with cream colored flowers, and occurs as an 
alien in open meadows and slopes.
    Since Brandegee's collection was made in 1888, very few collections 
of Arabis hoffmannii have been made. On Santa Cruz Island, Reid Moran 
made a collection from the ``Central Valley'' in 1950, and Jim 
McPherson collected the plant near Centinela Grade, possibly the same 
location, in 1967 (Steve Junak, pers. comm. 1993). It was not until 
1985 that Steve Junak relocated a population at this location (Schuyler 
1986). For many decades, Hoffmann's original collection site, near 
Platts Harbor on Santa Cruz Island, was in ``an area of intense feral 
animal (sheep) disturbance,'' and no plants could be found (Hochberg et 
al. 1980a). However, surveys conducted by TNC in 1985 were successful 
in relocating two small populations, one comprising three individual 
plants, near Platts Harbor (Schuyler 1986).
    According to Reid Moran's field notes, he collected Arabis 
hoffmannii from Anacapa Island in 1941 ``on the slopes above Frenchy's 
Cove'' (S. Junak, pers. comm. 1993). However, no specimens from this 
collection have been found in herbaria with known collections of island 
species, and recent surveys by Junak have failed to relocate the plant 
on Anacapa Island (S. Junak, pers. comm. 1993). Ralph Hoffmann reported 
the plant from ``the bank above Water Canyon'' on Santa Rosa Island in 
1930, but numerous recent surveys have failed to locate any plants on 
that island (S. Junak, pers. comm. 1993).
    Arabis hoffmannii is currently known from three small populations 
that collectively cover less than 0.4 hectare (1 acre) on Santa Cruz 
Island. The two populations near Platts Harbor are located on rocky 
volcanic cliffs along a north-facing canyon on lands owned by TNC. 
Because of their inaccessibility, and the loose structure of the 
volcanic rock, the two cliff populations have not been thoroughly 
surveyed. Only a few dozen plants have been directly observed, but the 
cliffs may support additional individuals. The population near 
Centinela Grade is growing on Santa Cruz Island volcanics and is 
associated with giant coreopsis (Coreopsis gigantea), Santa Cruz Island 
buckwheat (Eriogonum arborescens), and coastal prickly pear (Opuntia 
littoralis), on lands owned and managed by TNC. When Junak relocated 
this population, approximately 30 individuals were seen. TNC has 
monitored this population since 1990, with fewer than 30 plants 
observed each year (Klinger 1994a). The major threats to Arabis 
hoffmannii are loss of soil, habitat degradation, and predation 
resulting from feral pig rooting. Because of the small numbers of 
populations and individuals, the taxon is also vulnerable to stochastic 
(random) extinction by such events as storms, drought, landslide, or 
fire. Small numbers of isolated populations and individuals also make 
the taxon vulnerable to reduced reproductive vigor.
    Santa Rosa Island manzanita (Arctostaphylos confertiflora) was 
first described by Alice Eastwood as Arctostaphylos confertiflora in 
1934 from a collection made by Hoffmann 

[[Page 37997]]
four years earlier ``in a sheltered dell south of Black Mountain'' on 
Santa Rosa Island (Eastwood 1934). Abrams (1951) synonymized the taxon 
with Arctostaphylos subcordata; eight years later, Munz published the 
new combination Arctostaphylos subcordata var. confertiflora (Munz and 
Keck 1973). However, in treatments of the genus, including the most 
recent, Wells (1968, 1993) has continued to uphold the original 
taxonomy.
    Arctostaphylos confertiflora is a perennial shrub in the heath 
(Ericaceae) family that grows 0.1 to 2.0 m (4 in to 6.5 ft) high (Wells 
1993). The plant has smooth, dark red-purple bark, densely hairy 
branchlets, bracts, and pedicels, and light green, round-ovate leaves. 
The flowers are borne in numerous dense panicles that mature into 
flattened reddish-brown fruits (McMinn 1951). The only other manzanita 
that occurs on Santa Rosa Island, Arctostaphylos tomentosa, forms a 
fire-resistant burl at the base of the stems; Arctostaphylos 
confertiflora is not burl-forming and is considered an obligate seeder, 
requiring fire for regeneration. It occurs in prostrate and upright 
forms, the former most likely due to climatic and herbivorous 
influences (McMinn 1951).
    Arctostaphylos confertiflora is known only from two areas on Santa 
Rosa Island. In the northeast portion of the island near, and east of, 
Black Mountain, individual plants have been observed at scattered sites 
from upper Lobos Canyon east to the Torrey pine groves along Becher's 
Bay, a distance of about 5 km (3 mi). The plant occurs on sedimentary 
substrates, which consist of Monterey shales and soft volcanoclastic 
sediments derived from San Miguel volcanics (Weaver et al. 1969). Near 
the southern tip of the island, a few individuals are scattered on the 
slopes above South Point on sandstone outcrops. The taxon occurs as a 
component of mixed chaparral, mixed woodland, Torrey pine woodland, and 
island pine woodland communities. Junak estimated that total habitat 
for the plant comprises only a few acres (S. Junak, pers. comm. 1994); 
Clark et al. (1990) noted that it occurs in very low numbers. The major 
threats to Arctostaphylos confertiflora are soil loss, habitat 
alteration and predation caused by cattle grazing and elk and deer 
browsing, which have resulted in reproductive failure. Because of the 
small numbers of isolated populations and individuals, the taxon is 
also vulnerable to stochastic extinction by such events as storms, 
drought, or fire. Small numbers of populations and individuals also 
make the taxon vulnerable to reduced reproductive vigor.
    Island barberry (Berberis pinnata ssp. insularis) was first 
described by Munz and Roos (1950) as Berberis pinnata ssp. insularis 
based on a specimen collected by Carl B. Wolf in 1932 ``west of summit 
of Buena Vista Grade (also known as Centinela Grade), interior of Santa 
Cruz Island.'' In 1981, James Roof realigned this taxon with the genus 
Mahonia because the leaves are compound, in contrast with the simple 
leaves of Berberis (Roof 1981). However, Moran (1982) made the case 
that this one character was insufficient to defend Mahonia as a 
distinct natural group; subsequent treatments have included all North 
American taxa previously referred to Mahonia as Berberis. Therefore, 
this taxon has been referred to as Berberis pinnata ssp. insularis by 
Munz (1974), Smith (1976), and Williams (1993).
    Berberis pinnata ssp. insularis is a perennial shrub in the 
barberry family (Berberidaceae). The plant has spreading stems that 
reach 2 to 8 m (5 to 25 ft) high, with large leaves divided into 5 to 9 
glossy green leaflets. Clusters of yellow flowers at the branch tips 
develop into blue berries covered with a white bloom (waxy coating). 
Because new shoots can sprout from underground rhizomes, many stems may 
actually represent one genetic clone (Hochberg et al. 1980b, California 
Native Plant Society (CNPS) 1984, Williams 1993).
    Berberis pinnata ssp. insularis is found in moist, shaded canyons 
on Santa Cruz and West Anacapa Island. Hoffmann found several 
individuals ``in Elder canyon that runs from west into Canada de la 
Casa'' on Santa Rosa Island in 1930 (California Natural Diversity Data 
Base (CNDDB) 1993); however, in spite of recent surveys, no plants have 
been found on the island since that time. Dunkle collected Berberis 
pinnata ssp. insularis on West Anacapa Island in 1940; the plant was 
not found there again until 1980. One clone is found in Summit Canyon 
associated with chaparral species, including poison oak (Toxicodendron 
diversilobum), monkeyflower (Diplaucus parviflorus), coyote bush 
(Baccharis sp.), goldenbush (Haplopappus detonsus), island alum-root 
(Heuchera maxima) and wild cucumber (Marah macrocarpus). Four 
populations occur on Santa Cruz Island. One population on the north 
slope of Diablo Peak comprises 24 large ``stems'' and 75 small 
``stems'' (Klinger 1994c); this number of stems may represent one or 
several clonal individuals. In 1979, the two populations near Campo 
Raton were estimated to be less than 10 individuals; in 1985, only one 
plant was seen (CNDDB 1994). The size of the population at Hazard's 
Canyon has not been determined due to inaccessibility.
    Berberis pinnata ssp. insularis is threatened by soil loss and 
habitat alteration caused by feral pig rooting. Because of the small 
numbers of populations and individuals, the taxon is also vulnerable to 
stochastic extinction by such events as storms, drought, or fire. Small 
numbers of isolated populations and individuals also make the taxon 
vulnerable to reduced reproductive vigor.
    Soft-leaved paintbrush (Castilleja mollis) was first described by 
Francis W. Pennell as Castilleja mollis in 1947, based on material 
collected on Santa Rosa Island in 1939 (Ingram 1990, Heckard and Ingram 
1991). Munz and Keck (1973) and Hoover (1970) included plants of 
coastal sand dunes of San Luis Obispo County in the description of this 
taxon. However, Ingram (1990) has concluded that the taxon is endemic 
to Santa Rosa Island.
    Castilleja mollis is a presumably partially parasitic perennial 
herb in the figwort (Scrophulariaceae) family. The plant has semi-
prostrate branches that reach 40 cm (16 in) in length, with bracts and 
upper leaves that are grayish, fleshy, broad and rounded and crowded at 
the apex, and the bract and calyx are yellow to yellowish green above 
(Heckard and Ingram 1991). Ingram's studies outlined a number of 
morphological differences between Castilleja mollis and the similar 
Castilleja affinis, including the indument (covering) of distinctive 
branched hairs and rounded stem leaves in the former taxon.
    Two collections of Castilleja mollis were also made by F.H. Elmore 
from Point Bennett on San Miguel Island in 1938 (Heckard and Ingram 
1991); despite recent searches, the taxon has not been seen on the 
island since then (S. Junak, pers. comm. 1994). Castilleja mollis is 
known from two areas on Santa Rosa Island: Carrington Point in the 
northeast corner of the island, and west of Jaw Gulch and Orr's Camp 
(this location also referred to as Pocket Field) along the north shore 
of the island. At Carrington Point, the plant is associated with 
stabilized dune scrub vegetation that is dominated by goldenbush 
(Isocoma venetus var. sedoides), lupine (Lupinus albifrons), and 
Pacific ryegrass (Leymus pacificus). At the Pocket Field location, the 
paintbrush is associated with the non-native iceplant (Carpobrotus spp. 
and Mesembryanthemum spp.), native milkvetch (Astragalus miguelensis), 
and alien grasses. 

[[Page 37998]]

    In 1993, the Jaw Gulch population was estimated to comprise up to 
1,000 individuals covering an area of less than 2 hectares (5 acres) 
(C. Rutherford and T. Thomas, USFWS, pers. obs. 1993). During Ingram's 
field studies in 1990, the Carrington Point population consisted of 
only 20 individuals (Ingram 1990); more favorable climatic conditions 
in the past few years may have resulted in higher numbers of plants, 
perhaps as many as several hundred. The Jaw Gulch population was also 
used as a bedding area for deer during the fall of 1993 (Dan Richards, 
CINP, pers. comm. 1994). Threats to Castilleja mollis are soil loss, 
habitat alteration and predation caused by cattle grazing, deer and elk 
browsing, deer bedding, and competition with alien plant taxa. Because 
of the small numbers of isolated populations and individuals, the taxon 
is also vulnerable to stochastic extinction by such events as storms, 
drought, or fire. Small numbers of populations and individuals also 
make the taxon vulnerable to reduced reproductive vigor.
    Santa Rosa Island dudleya (Dudleya blochmaniae ssp. insularis) was 
first described as Hasseanthus blochmaniae ssp. insularis by Reid Moran 
(1950a) based on a collection made at ``Old Ranch Point'' on Santa Rosa 
Island in 1950. Moran (1953) combined the genus Hasseanthus as a 
subgenus of Dudleya; Hasseanthus had previously been segregated from 
Dudleya on the basis of stem characteristics and the presence of vernal 
(withering) leaves. In so doing, he published the new combination 
Dudleya blochmaniae ssp. insularis (Moran 1953). A recent attempt was 
made by Thompson (1993) to resegregate Hasseanthus from Dudleya; 
however, because rules of nomenclature were not followed and the 
morphological differences between these two groups do not appear to 
merit recognition at the genus level, the taxon will be recognized in 
this proposed rule under the name Dudleya blochmaniae ssp. insularis.
    Dudleya blochmaniae ssp. insularis is a small succulent perennial 
in the stonecrop family (Crassulaceae). The plant has a corm-like root 
structure, and 15 to 30 oblanceolate leaves in a basal rosette, from 
which several flowering stems 3 to 7 cm (1.2 to 2.8 in) long arise. The 
white, five-petaled flowers and the resulting fruits are fused at the 
base and wide-spreading distally. This subspecies is distinguished from 
two other mainland subspecies of Dudleya blochmaniae on the basis of 
the more numerous rosette leaves, shorter floral stems, more pronounced 
glaucousness of young floral stems and their leaves, and the size and 
shape of the lower bracts (Moran 1950a, Bartel 1993).
    Dudleya blochmaniae ssp. insularis is only known from the type 
locality near Old Ranch Point, also known as Marsh Point, on the east 
end of the island. The taxon occupies an area of less than 1 hectare (2 
acres) of an ancient marine terrace with a cobbly surface, and 
associated with owl's clover (Castilleja exserta), goldfields 
(Lasthenia californica), and alien annual grasses. The number of 
individuals is estimated to be 2,000 (Rutherford and Thomas, pers. obs. 
1993). Threats to Dudleya blochmaniae ssp. insularis are soil loss; 
habitat alteration caused by cattle, elk, and deer trampling; vehicle 
access; and collecting. Because this taxon is restricted to one 
population, the plant is also vulnerable to stochastic extinction by 
such events as storms, drought, or fire. The single population and 
restricted number of individuals also make the taxon vulnerable to 
reduced reproductive vigor.
    Munchkin dudleya (Dudleya sp. nov. ``East Point'' (S. McCabe, pers. 
comm. 1994)) was first collected by Reid Moran in 1950. In his 
dissertation on the genus Dudleya, he included it in the description of 
Dudleya greenei, but remarked upon how it differed, and described it as 
``forma nana.'' Subsequent floras treated the form in synonymy with 
Dudleya greenei (Munz and Keck 1973, Smith 1976). In 1993, Paul H. 
Thomson illegitimately published the name Dudleya nana, based on the 
description of forma nana in Moran's dissertation. Stephen McCabe has 
submitted an article describing a new species of Dudleya to the journal 
Madrono (S. McCabe, pers. comm. 1994).
    Like Dudleya blochmaniae ssp. insularis described above, this plant 
is a small succulent perennial in the stonecrop family (Crassulaceae). 
The plant has a short caudex-like stem, and small, gray, ovate to 
oblanceolate leaves in a cluster of up to 20 basal rosettes, from which 
several flowering stems 2.5 to 7 cm (1 to 2.75 in) long arise. The pale 
yellow, five-petaled flowers are fused at the base and spread only at 
the tips.
    Dudleya sp. nov. ``East Point'' is known only from one population 
comprising three colonies near East Point on Santa Rosa Island. The 
total number of individuals in the three colonies has been estimated to 
be 3,200 (S. McCabe, pers. comm. 1994). The colonies occur on a low 
windswept ridge with a cobbly soil surface, which is bereft of any 
other vegetation save scattered alien annual grasses. Several hundred 
plants were observed uprooted with roots exposed during the spring of 
1993, most likely a result of cattle grazing and trampling (S. Chaney, 
CINP, pers. comm. 1993). Threats to Dudleya sp. nov. ``East Point'' are 
soil loss, habitat alteration, and predation caused by cattle and deer 
trampling and grazing. Because it is restricted to one population, the 
taxon is vulnerable to stochastic extinction by such events as storms, 
drought, or fire. The single population and limited number of 
individuals also make the taxon vulnerable to reduced reproductive 
vigor.
    Santa Cruz Island dudleya (Dudleya nesiotica) was first described 
by Reid Moran (1950b) as Hasseanthus nesioticus based on a specimen 
collected from ``flat area near edge of sea bluff, Fraser Point,'' on 
the west end of Santa Cruz Island in 1950. Three years later, Moran 
(1953) transferred the species to the genus Dudleya, thereby forming 
the new combination Dudleya nesiotica.
    Like the two previously described dudleyas, Dudleya nesiotica is a 
succulent perennial in the stonecrop family (Crassulaceae). The plant 
has a corm-like stem with 8 to 16 oblanceolate leaves in a basal 
rosette from which several flowering stems 3 to 10 cm (1.2 to 4.0 in) 
tall arise. The five white-petaled flowers and resulting fruits are 
erect to ascending.
    Dudleya nesiotica is known only from one population comprising two 
colonies within 1.6 km (1 mi) of the type locality at Fraser Point on 
the west end of Santa Cruz Island. Approximately 1,000 plants occupy 
less than 10 acres of habitat. The colonies are situated on the lowest 
marine terrace in association with iceplant (Mesembryanthemum 
crystallinum and M. nodiflorum), alkali heath (Frankenia salina), 
goldfields, and pickleweed (Salicornia virginica). Threats to Dudleya 
nesiotica are soil loss, habitat alteration, and predation caused by 
pig rooting. Like many dudleyas, Dudleya nesiotica is also threatened 
by collecting for botanical or horticultural use (Moran 1979). Because 
the taxon is restricted to only one population, it is also vulnerable 
to stochastic extinction by such events as storms, drought, or fire. 
The single population and limited number of individuals also make the 
taxon vulnerable to reduced reproductive vigor.
    Island bedstraw (Galium buxifolium) was first described by E.L. 
Greene as Galium buxifolium in 1886 based on specimens collected on 
Santa Cruz Island (Ferris 1960). In 1958, Lauramay Dempster (1958) 
described the taxon as a variety of Galium catalinense. Ferris 

[[Page 37999]]
(1960) suggested that the taxon was subspecifically distinct, but still 
synonymized the taxon with Galium catalinense. Thirteen years later, 
Dempster (1973) reestablished the taxon as a separate species based on 
differences in the nutlet hairs between it and Galium catalinense.
    Galium buxifolium is a small, stout woody shrub in the bedstraw 
(Rubiaceae) family. The plant grows to 12 decimeters (dm) (4 ft) in 
height, and has swollen nodes bearing numerous leafy branches. The 
leaves are larger than those of most other Galium taxa, and have 
conspicuous lateral veins with stout hairs on the lower surface 
(Dempster 1973). The relatively broad leaves and the tiny upward-curved 
hairs that cover the fruits are unique characteristics that distinguish 
it from the six other species of Galium that occur on the islands 
(Hochberg et al. 1980b).
    A putative collection of Galium buxifolium was made from the 
``Torrey Pine grove, Santa Rosa Island,'' in 1941 by Reid Moran; 
apparently this was a misidentified collection of Galium nuttallii 
(York, in litt. 1987). Therefore no known collections of this taxon are 
known from Santa Rosa Island. Galium buxifolium is currently known from 
Santa Cruz and San Miguel Islands where it occurs on north-facing sea 
cliffs. Eight populations occur on TNC lands on Santa Cruz Island. In 
1980, Hochberg et al. (1980b) noted that 2 of these populations 
comprised fewer than 50 individuals each, and the remaining populations 
comprised less than 6 individuals each. Two populations were located on 
San Miguel Island in 1993, 1 comprising about 200 individuals, and 1 
comprising fewer than 10. Five other historical collections have been 
made from the island, but none have been seen for almost 30 years.
    The plant occurs on ``bluffs and rocky slopes'' (Dempster 1973) in 
coastal sage scrub and island pine forest. Threats to Galium buxifolium 
are soil loss, habitat alteration, and predation caused by feral pig 
rooting and sheep grazing. Because of the small numbers of isolated 
populations and individuals, the taxon is also vulnerable to stochastic 
extinction by such events as storms, drought, or fire. Small numbers of 
populations and individuals also make the taxon vulnerable to reduced 
reproductive vigor.
    Hoffmann's slender-flowered gilia (Gilia tenuiflora var. 
hoffmannii) was first described as Gilia hoffmannii by Alice Eastwood 
in 1940 based on collections made by Ralph Hoffmann ``in sandy soil at 
East Point'' on Santa Rosa Island ten years earlier (Eastwood 1940). 
Eastwood remarked that, although the taxon is related to Gilia 
tenuiflora, no variation of the latter included the leafy stems and 
terminal congested inflorescence of Gilia hoffmannii (Eastwood 1940). 
Nevertheless, Jepson (1943) included the taxon in the description of 
Gilia tenuiflora var. tenuiflora in his flora of California, as did 
Abrams (1951) in his flora of the Pacific states. In 1959, Munz renamed 
the varieties of tenuiflora as subspecies, including ssp. hoffmannii 
(Munz and Keck 1973). This nomenclature has been upheld in the latest 
treatment of the genus (Day 1993). Of the four subspecies of Gilia 
tenuiflora, the subspecies hoffmannii is the only one that occurs in 
southern California. Two other Gilia species occur on Santa Rosa 
Island; Gilia tenuiflora ssp. hoffmannii is distinguished from them by 
the presence of arachnoid woolly pubescence at the base of the stem.
    Gilia tenuiflora ssp. hoffmannii is a small, erect annual herb in 
the phlox (Polemoniaceae) family. The central stem grows 6 to 12 cm 
(2.4 to 4.7 in) tall, arising from a rosette of densely hairy, strap-
shaped, short-lobed leaves. The flowers are purplish and funnel-shaped 
below, widening to five pinkish corolla lobes.
    Gilia tenuiflora ssp. hoffmannii has only been collected from two 
locations on Santa Rosa Island. A collection was made by Reid Moran 
from the ``arroyo between Ranch and Carrington Point'' in 1941 
(Rutherford and Thomas 1994); however, numerous surveys conducted in 
recent years have failed to relocate the plant at this location. This 
location most likely falls within the parcel of property, adjacent to 
the ranchhouse, that has been heavily disturbed by cattle ranching 
operations. The only currently extant population occurs at the type 
locality near East Point on Santa Rosa Island. Here, it occurs as a 
component of dune scrub vegetation with sand verbena (Abronia 
maritima), silver beach-weed (Ambrosia chamissonis), saltgrass 
(Distichlis spicata), miniature lupine (Lupinus bicolor), plantain 
(Plantago erecta), and sand-dune bluegrass (Poa douglasii) (T. Thomas, 
in litt. 1993). The population consists of several hundred individuals 
and occupies an area of not more than 0.8 hectares (2 acres). Threats 
to Gilia tenuiflora ssp. hoffmannii are soil loss, habitat alteration 
and predation caused by cattle grazing, and elk and deer browsing. A 
sandy service road used by NPS and ranchers bisects the population. 
Because the taxon is restricted to one population, it is also 
vulnerable to stochastic extinction by such events as storms, drought, 
or fire. The single population and limited number of individuals also 
make the taxon vulnerable to reduced reproductive vigor.
    Island rush-rose (Helianthemum greenei) was first described by 
Robinson as Helianthemum greenei in 1895 (Abrams 1951). The type 
locality is described as ``a dry summit near the central part of the 
island of Santa Cruz'' (Abrams 1951). This nomenclature has been upheld 
in the most recent treatment for the genus (McClintock 1993).
    Helianthemum greenei is a small shrub in the rock-rose (Cistaceae) 
family. The plant grows to 0.5 m (18 in) tall and has alternate leaves 
covered with star-shaped hairs. The reddish, glandular stalks support 
yellow-petalled flowers to 2.5 cm (1 in) wide. The fruit is a pointed 
capsule 0.6 cm (0.25 in) long. A more abundant species found on the 
islands, Helianthemum scoparium, is similar in appearance, but is not 
glandular-hairy and has greenish stalks and smaller fruits (Hochberg 
1980b).
    McMinn (1951) and later Thorne (1967) report seeing Helianthemum 
greenei on San Miguel Island, but there are no collections in island 
herbaria (Hochberg et al. 1980b, Wallace n.d.). Two collections of the 
plant were made from Santa Rosa Island by Epling and Erickson and Dunn 
in the 1930's (Wallace 1985); however, no collections on Santa Rosa 
Island have been made since that time, despite recent surveys. 
Helianthemum greenei was reported from the northeast side of Black Jack 
Mountain on Santa Catalina Island by Thorne (1967) in 1966; no 
collections have been made since then, but a population of three 
individuals was recently reported from this location (Janet Takara, 
Catalina Island Conservancy, pers. comm. 1994). Habitat for the plant 
on Santa Catalina Island is being grazed by goats, mule deer, and 
bison, and is being rooted by pigs.
    In addition to the one population on Santa Catalina Island, 
Helianthemum greenei is currently known from ten populations on Santa 
Cruz Island. The taxon is found in open, exposed areas in chaparral, 
coastal sage scrub, and island pine forest. In 1980, prior to sheep 
removal from TNC lands on Santa Cruz Island, Hochberg et al. (1980b) 
found that, of ten populations, only two comprised several dozen 
individuals, and six others comprised less than six individuals. 
Hochberg et al. (1980b) indicated that the plant is eliminated by 
intense feral animal disturbance, and noted that the population 
recorded by Abrams and Wiggins in 1930 at Pelican 

[[Page 38000]]
Bay has not been relocated. The major threats to Helianthemum greenei 
are soil loss, altered fire frequencies and intensities, rooting by 
feral pigs, sheep grazing, and competition with other shrubs that have 
increased in cover due to a release in grazing pressure. Because of the 
small numbers of isolated populations and individuals, the taxon is 
also vulnerable to stochastic extinction by such events as storms, 
drought, or fire.
    Island alumroot (Heuchera maxima) was first described by E.L. 
Greene (1886a) as Heuchera maxima based on collections from the 
``northward slope of Santa Cruz Island.'' This nomenclature has been 
upheld in the most recent treatment of the genus (Elvander 1993). 
Heuchera maxima is a perennial herb in the saxifrage (Saxifragaceae) 
family. The round basal leaves are up to 7 cm (2.8 in) broad on long 
petioles up to 25 cm (10 in) in length. The flowering stalks are up to 
6.1 dm (2 ft) long and scattered with small white-petaled flowers 
(Hochberg 1980b). No other Heuchera species occurs on the islands; 
however, young plants of Heuchera maxima could resemble species of 
Jepsonia, Lithophragma, or Saxifraga that occurs on the islands. 
Heuchera maxima can be distinguished from these other taxa by its 
larger size at maturity, and flowers with ten stamens rather than five.
    Heuchera maxima grows primarily on moist, shady, north-facing 
canyon bottoms, walls, and seacliffs, but occurs in a few interior 
localities as well. Collections of Heuchera maxima were made from Santa 
Rosa Island by Hoffmann in 1929 and Dunkle in 1939; however, locality 
information for these collections is vague. More recently, the plant 
has been collected from four locations on Santa Rosa Island (Cherry, 
Lobos, Ranch, and Windmill Canyons) (Rutherford and Thomas 1994). 
Heuchera maxima is also known from 11 locations on West Anacapa Island 
(Rutherford and Thomas 1994; S. Junak, in litt. 1984). On Santa Cruz 
Island, 12 populations occur along the west half of the north shore. 
All populations observed by Hochberg et al. (1980b) on Santa Cruz 
Island comprised less than 50 individuals each, and in some cases 
comprised less than 6 individuals each. Threats to Heuchera maxima are 
soil loss, habitat alteration and predation resulting from cattle 
grazing, feral pig rooting, and elk and deer browsing. Because of the 
small numbers of populations and individuals, the taxon is also 
vulnerable to stochastic extinction by such events as storms, drought, 
or fire.
    Santa Cruz Island bushmallow (Malacothamnus fasciculatus var. 
nesioticus) was first described by James W. Robinson as Malvastrum 
nesioticum in Asa Gray's Flora of North America in 1897, based on 
material collected by E.L. Greene in 1886 (Abrams 1951). Over the next 
four decades, the taxon was placed in several different genera, as 
Malacothamnus nesioticus by Abrams, Sphaeralcea nesiotica and later 
Sphaeralcea fasciculata var. nesiotica by Jepson, and Malvastrum 
fasciculatum var. nesioticum by McMinn (Kearney 1951). Kearney (1951) 
published the new combination Malacothamnus fasciculatus var. 
nesioticus. In 1993, David Bates synonymized var. nesioticus, as well 
as seven other taxa, with Malacothamnus fasciculatus, a highly variable 
species ``with many indistinct and intergrading local forms'' (Bates 
1993). Of var. nesioticus, he notes that the taxon is essentially 
indistinguishable from the mainland ``var. nuttallii.'' However, recent 
studies on the genetics of Malacothamnus have determined that var. 
nesioticus is a distinct variety (Swenson et al. in prep.).
    Malacothamnus fasciculatus var. nesioticus is a small soft-woody 
shrub in the mallow (Malvaceae) family. The plant reaches up to 2 m (6 
ft) tall, and has slender branches covered with star-shaped hairs. The 
palmately shaped leaves are dark green on the upper surface and gray on 
the lower surface. The rose-colored flowers are up to 3.75 cm (1.5 in) 
broad and scattered along the ends of the branches (Hochberg et al. 
1980b). It is differentiated from the mainland var. nuttallii by its 
bicolored leaves and genetic distinction (Swenson et al. in prep.).
    Malacothamnus fasciculatus var. nesioticus is known from only two 
small populations on Santa Cruz Island where it occurs within a coastal 
sage scrub community. One population of less than 50 individuals (10 
clones) is located on the west shore of the island near the historic 
Christi Ranch. A second population was discovered in 1993 in the 
Central Valley near the University of California Field Station (Swensen 
et al. in prep.). Recent genetic analyses of the Central Valley 
population indicated that, although there are 19 individual shrubs, 
they comprise only 3 genotypes, or 3 clones. Threats to Malacothamnus 
fasciculatus var. nesioticus are soil loss, habitat alteration and 
predation resulting from past sheep grazing and current feral pig 
rooting. Because of the small numbers of populations and individuals, 
the plant is also vulnerable to stochastic extinction by such events as 
storms, drought, or fire. The small numbers of isolated populations and 
restricted number of individuals also make the taxon vulnerable to 
reduced reproductive vigor.
    Santa Cruz Island malacothrix (Malacothrix indecora) was first 
described by E.L. Greene (1886) as Malacothrix indecora based on 
specimens collected from ``islets close to the northern shore'' of 
Santa Cruz Island (Smith 1976). In 1957, E. Williams published the 
combination Malacothrix foliosa var. indecora (Ferris 1960); Munz 
(1974) subsequently synonymized the taxon with Malcothrix foliosa. 
However, Ferris (1960) and others (Smith 1976, Davis 1980) continued to 
recognize the taxon as a separate species with the name Malacothrix 
indecora. This nomenclature is upheld in the most recent treatment of 
the genus (Davis 1993).
    Malacothrix indecora is an annual herb in the aster (Asteraceae) 
family. The 20 to 40 cm (8 to 16 in) tall stems support numerous 
broadly lobed fleshy leaves with blunt tips. The greenish yellow 
flowers are in hemispheric heads surrounded by linear bracts (Hochberg 
1980b; Scott in Junak et al., in prep.). Two other annual species of 
Malacothrix occur on the same islands as Malacothrix indecora; however, 
the achenes (seeds) of Malacothrix similis are topped with 18 teeth and 
1 bristle and Malacothrix squalida is topped with irregular teeth and 
no bristle, whereas Malacothrix indecora has neither of these features 
(Scott in Junak et al., in prep.).
    Collections of Malacothrix indecora were made from several 
locations along the northeast shore of San Miguel Island and on Prince 
Island by Greene, and later by Hoffmann (Hochberg et al. 1979; Davis 
1987). In 1978, Hochberg et al. (1979) observed three populations; 
Halvorson et al. (1992) reported finding this species at one location 
during surveys in 1988 and 1989, but no collections were made to 
confirm identification of the taxon. On Santa Cruz Island, Malacothrix 
indecora was first collected near Twin Harbor by Williams in 1939 
(Davis 1987); this population has not been relocated.
    Malacothrix indecora is currently known from only one population 
discovered by Junak in 1980 at Black Point on the west end of Santa 
Cruz Island. Several hundred individuals were observed there by Junak 
in 1985 in exposed coastal flats and associated with Santa Cruz Island 
buckwheat (Eriogonum grande var. rubescens) and iceplant 
(Mesembryanthemum nudiflorum) (CNDDB 1991). On a subsequent trip in 
1989, only 50 plants 

[[Page 38001]]
were observed in the same location (S. Junak, pers. comm. 1994). 
Threats to Malacothrix indecora are soil loss, habitat alteration and 
predation resulting from feral pig rooting and seabird activity. 
Historic habitat for Malacothrix indecora on San Miguel Island and 
Prince Island has been altered by seabird nesting activity. Because of 
the small numbers of populations and individuals, the taxon is also 
vulnerable to stochastic extinction by such events as storms, drought, 
or fire. The small numbers of populations and restricted number of 
individuals also make the taxon vulnerable to reduced reproductive 
vigor.
    Island malacothrix (Malacothrix squalida) was first described by 
E.L. Greene in 1886 from specimens collected above Prisoner's Harbor on 
Santa Cruz Island (Davis, in litt. 1987). In 1957, E. Williams 
published the combination Malacothrix foliosa var. squalida; a year 
later, Roxana Ferris (1960) published the combination Malacothrix 
insularis var. squalida. In 1959, Munz recognized the taxon as 
Malacothrix squalida; however, 14 years later, he synonymized it with 
M. foliosa (Munz 1974). In a review of insular species of Malacothrix, 
Davis (1980) recognized the taxon as Malacothrix squalida.
    Like Malacothrix indecora, Malacothrix squalida is an annual herb 
in the aster family. However, the plant only reaches 9 cm (3.5 in) 
tall, and has linear to widely lanceolate leaves that are irregularly 
toothed or lobed. The light yellow flowers are clustered in hemispheric 
heads 12 to 15 millimeters (mm) (0.5 to 0.6 in) long. Malacothrix 
indecora is the only other annual Malacothrix that occurs on the same 
island as M. squalida; however, the latter is a much larger species, 
and also differs in the achene characteristics previously mentioned 
(Scott in Junak et al., in prep.).
    Malacothrix squalida has been collected from two locations along 
the north shore of Santa Cruz Island; Greene collected it near 
Prisoner's Harbor in 1886, but the species was not seen on the island 
again until Philbrick and Benedict collected it in 1968 near Potato 
Harbor (Rutherford and Thomas 1994). On Middle Anacapa Island, the 
plant was first collected by Martin Piehl in 1963, and more recently in 
1978 and 1986. The plant is known from several small colonies atop 
coastal bluffs on the east end of the island. Surveys by Junak and 
Davis in 1989 failed to find any individuals; however, this may have 
been the result of a drought year (S. Junak, pers. comm. 1994). Threats 
to Malacothrix squalida are soil loss, habitat alteration and predation 
resulting from sheep grazing, feral pig rooting, and seabird nesting. 
Because of the small numbers of isolated populations and individuals, 
the taxon is also vulnerable to stochastic extinction by such events as 
storms, drought, or fire. The small numbers of isolated populations and 
restricted number of individuals also make the taxon vulnerable to 
reduced reproductive vigor.
    Island phacelia (Phacelia insularis ssp. insularis) was first 
described by Munz as Phacelia insularis in 1932 based on plants growing 
``on sand dunes at northeastern part of Santa Rosa Island'' (Munz 
1932). Jepson published the new combination Phacelia curvipes var. 
insularis in 1943. After examining specimens from coastal northern 
California and determining their affinity to the island plants, John 
Thomas Howell re-elevated the taxon to specific level, separating out 
the northern California plants as Phacelia insularis var. 
continentalis, leaving Phacelia insularis var. insularis to refer to 
the island plants (Howell 1945). In 1951, Abrams, who did not have 
access to collections of Phacelia from northern California, included 
the taxon in the description of Phacelia divaricata, a taxon common in 
southern California. In 1959, Munz published the new combination 
Phacelia divaricata var. insularis (Constance 1979). Lincoln Constance 
agreed with Howell's interpretation and has referred to the taxon as 
Phacelia insularis var. insularis (Constance 1979). This nomenclature 
has been upheld in the latest treatment of the genus (Wilken et al. 
1993).
    Phacelia insularis ssp. insularis is a decumbent (reclining), 
branched annual of the waterleaf (Hydrophyllaceae) family. The short-
hairy and glandular stems grow to 1.5 dm (6 in) high from a basal 
rosette of leaves. The small lavender to violet, bell-shaped flowers 
are borne in loose cymes. The other variety of Phacelia insularis, the 
variety continentalis, is found on the mainland of northern California. 
Phacelia insularis var. insularis can be distinguished from the other 
species of Phacelia on the islands based on the hastate leaf shape with 
basal lobes. The other Phacelia have pinnately divided or undivided but 
ovate leaves.
    Phacelia insularis ssp. insularis occurs on Santa Rosa Island and 
San Miguel Island. However, the last collections from Santa Rosa Island 
were made by Clifton Smith at Carrington Point in 1973; the plant has 
not been observed on the island since then despite recent searches. On 
San Miguel Island, Phacelia insularis ssp. insularis was collected by 
Hoffmann in 1930 and by Munz in 1932. It was not collected again until 
1978, when four populations were found (Hochberg et al. 1979). A fifth 
population was discovered by Charles Drost on a bluff above Cuyler 
Harbor in 1984 (Halvorson et al. 1992). Phacelia insularis ssp. 
insularis is found within the island grassland community which is 
dominated by alien grasses, including slender wild oat (Avena barbata), 
wild oat (Avena fatua), ripgut (Bromus diandrus), and soft chess 
(Bromus hordeaceus), with scattered occurrences of native bunchgrasses, 
shrubs, and herbs (Hochberg et al. 1979). Threats to Phacelia insularis 
ssp. insularis are soil loss, habitat alteration caused by cattle 
grazing and elk and deer browsing. Because of the small numbers of 
populations and individuals, the plant is also vulnerable to stochastic 
extinction by such events as storms, drought, or fire. The small 
numbers of populations and restricted number of individuals also make 
the taxon vulnerable to reduced reproductive vigor.
    Santa Cruz Island fringepod (Thysanocarpus conchuliferus) was first 
described as Thysanocarpus conchuliferus by E.L. Greene in 1886 based 
on material he and Brandegee collected where they found it ``common on 
mossy shelves and crevices of high rocky summits and northward slopes'' 
on Santa Cruz Island (Greene 1886b). Four decades later, Jepson 
published the new combination Thysanocarpus laciniatus var. 
conchuliferus as one of three varieties of Thysanocarpus laciniatus 
(Jepson 1925). Abrams re-elevated the taxon to species status in 1944. 
Munz, however, republished the taxon as one of six varieties of T. 
laciniatus in 1959 (Munz and Keck 1973). In the most recent treatment 
of the genus, Reed C. Rollins re-elevated the taxon to species status 
(Rollins 1993).
    Thysanocarpus conchuliferus is a small delicate annual herb in the 
mustard (Brassicaceae) family. The one to several branches grow 5 to 
12.7 cm (2 to 5 in) high. The narrow, linearly lobed leaves alternate 
along the stems, which terminate in a raceme of minute pink to lavender 
flowers. While all members of this genus have round, flattened fruits 
that are fringed with wings, Thysanocarpus conchuliferus is the only 
species with a bowl-shaped fruit; this taxon is also smaller in stature 
than T. lacianatus, which occurs in the same habitat (Rutherford and 
Thomas 1994).
    In 1932, Ralph Hoffmann reported that Thysanocarpus conchuliferus 
was 

[[Page 38002]]
``frequent. . . from the north shore to the southwest portion of the 
island'' (Hochberg et al. 1980a). A total of 14 historical locations 
are known from herbarium records. In 1980, eight of these populations 
were relocated (Hochberg et al. 1980b); in 1991, individuals were found 
at six of these locations, and none were found at five other locations 
(Klinger 1994b). In 1993, no individuals were found at any of the 14 
known locations. Survey reports indicate that, in addition to abundant 
rainfall that may have increased competition from alien grasses, 
rooting by feral pigs was observed at all 14 locations (Klinger 1994b).
    Thysanocarpus conchuliferus occurs on rocky outcrops on ridges and 
canyon slopes, and is associated with a variety of herbs, ferns, 
grasses, dudleya, and Selaginella (Santa Barbara Botanical Garden 
1994). Threats to Thysanocarpus conchuliferus are soil loss, habitat 
alteration and predation resulting from feral pig rooting. In favorable 
years, competition with luxuriant alien grasses may also constitute a 
threat (Klinger 1994b). Because of the small numbers of isolated 
populations and individuals, the plant is also vulnerable to stochastic 
extinction by such events as storms, drought, landslide, or fire. The 
small numbers of populations and restricted number of individuals also 
make the taxon vulnerable to reduced reproductive vigor.

Previous Federal Action

    Federal action on these plants began as a result of section 12 of 
the Endangered Species Act of 1973, which directed the Secretary of the 
Smithsonian Institution to prepare a report on those plants considered 
to be endangered, threatened, or extinct in the United States. This 
report, designated as House Document No. 94-51, was presented to 
Congress on January 9, 1975. In that document, Arabis hoffmannii, 
Castilleja mollis, Dudleya blochmaniae ssp. insularis, Galium 
buxifolium, Gilia tenuiflora ssp. hofmannii, and Berberis pinnata ssp. 
insularis were considered to be endangered, and Dudleya nesiotica and 
Malacothamnus fasciculatus var. nesiotica (as Malacothamnus 
fasciculatus) were considered to be threatened. 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. 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. Dudleya nesiotica 
was 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 portion of the June 6, 1976, proposal that 
had not been made final, along with four other proposals that had 
expired.
    The Service published an updated notice of review for plants on 
December 15, 1980 (45 FR 82480). This notice included Arabis 
hoffmannii, Castilleja mollis, Dudleya blochmaniae ssp. insularis, 
Dudleya nesiotica, and Malacothamus fasciculatus var. nesiotica as 
Category 1 taxa. 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. Arctostaphylos confertiflora 
and Galium buxifolium were included as Category 2 taxa. 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. On November 28, 1983, the Service published in the 
Federal Register a supplement to the Notice of Review (48 FR 53640), in 
which Arabis hoffmannii was listed as a Category 1* taxon, the asterisk 
indicating that the species is believed to be extinct. In the same 
notice, Castilleja mollis, Dudleya blochmaniae ssp. insularis, Dudleya 
nesiotica, Helianthemum greenei, Heuchera maxima, Berberis pinnata ssp. 
insularis, Malacothamnus fasciculatus, Phacelia insularis var. 
insularis, and Thysanocarpus conchuliferus were included as Category 2 
candidates.
    The plant notice was revised again on September 27, 1985 (50 FR 
39526). In that notice, all taxa maintained their previous status. On 
February 21, 1990 (55 FR 6184), the plant notice was again revised. In 
this notice, Arabis hoffmannii was included as a Category 1 candidate, 
as individuals of this taxon had been rediscovered since the previous 
Notice of Review. Arctostaphylos confertiflora, Castilleja mollis, 
Dudleya blochmaniae ssp. insularis, Dudleya nesiotica, Galium 
buxifolium, Gilia tenuiflora ssp. hoffmannii, Helianthemum greenei, 
Heuchera maxima, Berberis pinnata ssp. insularis, Malacothamnus 
fasciculatus, Phacelia insularis var. insularis, and Thysanocarpus 
conchuliferus were included as Category 2 candidates. Malacothrix 
indecora was included in the February 21, 1990, notice for the first 
time as a Category 2 candidate.
    The plant notice was revised on September 30, 1993 (58 FR 51144). 
In this notice, Arabis hoffmannii, Arctostaphylos confertiflora, 
Castilleja mollis, Dudleya blochmaniae ssp. insularis, Galium 
buxifolium, Gilia tenuiflora ssp. hoffmannii, Berberis pinnata ssp. 
insularis, Malacothamnus fasciculatus var. nesioticus, Malacothrix 
indecora, Phacelia insularis var. insularis, and Thysanocarpus 
conchuliferus were included as Category 1 candidates. Dudleya 
nesiotica, Helianthemum greenei, and Heuchera maxima were included as 
Category 2 candidates; Malacothrix squalida was included for the first 
time as a Category 2 candidate. Dudleya nesiotica, Helianthemum 
greenei, Heuchera maxima, and Malacothrix squalida are being included 
in this proposal based on a more thorough review of existing 
information, and additional information that was brought to the 
attention of the Service by Steve Junak, botanist at Santa Barbara 
Botanic Garden. Dudleya sp. nov. ``East Point'' is being included in 
this proposal on the basis of new published information concerning its 
distinctness as a taxon and a review of existing biological information 
that indicates the species should be elevated to Category 1 status and 
that listing is warranted.
    Section 4(b)(3)(B) of the Act 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 Arabis hoffmannii, 
Castilleja mollis, Dudleya blochmaniae ssp. insularis, Dudleya 
nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii, 
Berberis pinnata ssp. insularis, and Malacothamnus fasciculatus var. 
nesioticus 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 

[[Page 38003]]
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 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 
1993. Publication of this proposal constitutes the warranted finding 
for these species, as well as for Arctostaphylos confertiflora, 
Helianthemum greenei, Heuchera maxima, Malacothrix indecora, 
Malacothrix squalida, Phacelia insularis var. insularis, and 
Thysanocarpus conchuliferus.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) 
and regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act set forth the procedures for adding species to 
the Federal lists. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1). These factors and their application to Arabis 
hoffmannii (Munz) Roll., Arctostaphylos confertiflora Eastw., Berberis 
pinnata Lag. ssp. insularis Munz, Castilleja mollis Penn., Dudleya 
blochmaniae (Eastw.) Moran ssp. insularis (Moran) Moran, Dudleya 
nesiotica (Moran) Moran, Dudleya sp. nov. ``East Point'' (S. McCabe), 
Galium buxifolium E. Greene, Gilia tenuiflora Benth. ssp. hoffmannii 
(Eastw.) A.& V. Grant, Helianthemum greenei Rob., Heuchera maxima E. 
Greene, Malacothamnus fasciculatus (Nutt.) E. Greene ssp. nesioticus 
(Rob.) Kearn., Malacothrix indecora E. Greene, Malacothrix squalida E. 
Greene, Phacelia insularis Munz var. insularis, and Thysanocarpus 
conchuliferus E. Greene are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    The single most important loss of resources to insular ecosystems 
is the loss of soils, as the soils are the foundation for the unique 
island ecosystems and the insular endemic species found within them. 
This loss of soils is the result of historic grazing and browsing by 
sheep, goat, cattle, deer, elk, and bison, and rooting by pigs on the 
various islands starting in the early 1800's, and in certain cases, 
continuing today.
    The increased loss of soils and the resulting change in vegetation 
have been documented from sediment and pollen records in a soil core 
dating back 5,200 years from the Old Ranch Canyon marsh on eastern 
Santa Rosa Island (Cole 1994). Rates of sedimentation prior to the 
introduction of livestock averaged 9 mm/year (yr) (0.35 in/yr), 
increasing to 58 mm/yr (2.28 in/yr) after the introduction of grazing 
(Cole 1994). Pollen records demonstrate that the conversion of 
brushland to grassland occured with the onset of ranching in the early 
1800's. This change in vegetation is reflected by an increased 
abundance of grass pollen, a decrease in pollen from the mint and pea 
families, and a massive increase in sediment (Cole 1994). The potential 
for large sediment loads is also illustrated by the recent attempts to 
stabilize soils at Johnson's Lee on the south side of Santa Rosa 
Island; rice straw wattles placed along hillside contours trapped large 
volumes of sediment after only one season of rains (Sellgren 1994).
    A comparison of historical descriptions of island vegetation with 
current conditions indicates that large-scale alteration of habitats 
caused by large numbers of non-native mammals on the islands resulted 
in significant loss of soils as well as changes in plant communities in 
terms of structural composition, species richness, species composition, 
and absolute cover. In 1883, Thompson and West described the effects of 
sheep grazing on Santa Cruz Island: ``The island becomes at some times 
overstocked, and may be said to be in that condition much of the time. 
The result is that the grasses, being cropped so close, die out, and 
allow the loosened soil to be removed by wind and rain'' (Hochberg et 
al. 1980a). However, at that time, vegetation elsewhere on the island 
was still relatively intact; Greene described mixed forests of large-
leaved maple (Acer macrophyllum), live oak (Quercus agrifolia), black 
cottonwood (Populus trichocarpa), and willow (Salix laevigata) thriving 
in the canyons (Hochberg et al. 1980a). Another account was given by 
Delphine Adelaide Caire in 1933, who reflected on the conditions of 
Santa Cruz Island: ``Its present natural beauty does not come up to 
that of the past. The bed of the stream that skirts the Main Ranch on 
its way from Pacacho Diablo was much narrower than it is today; 
mountain slopes were heavily wooded and centuries-old oaks were 
numerous. In the course of years, rains have accomplished their ruinous 
work, carrying off a great amount of topsoil, the innumerable trails 
cut by sharp sheep trotters having been a contributing factor in such 
devastation'' (Hochberg et al. 1980a).
    The importance of soils in maintaining habitat for the proposed 
taxa is found not only in their physical properties, but in their 
biotic properties as well. Healthy soils play host to a complex matrix 
of soil organisms, including fragile microbial components, that assist 
in such processes as water-holding capacity, soil fertility, and 
nutrient cycling. These processes have been adversely affected by the 
activities of alien mammals. For instance, the loss of leaf litter from 
trampling and rooting changes soil temperatures, increases the loss of 
moisture, reduces the humus layers, and results in a reduced soil fauna 
(Bennett 1993). The breakdown of organic material, transport of fungal 
spores, and nutrient recycling have been documented for soil mites on 
Santa Catalina Island (Bennett 1993). Soil mite diversity decreased 
with increased disturbance, creating impoverished nutrient levels in 
the soil (Bennett 1993). A feature of arid-land soils (typical of the 
island soils) is the presence of a cyanobacterial-lichen crust that 
facilitates stabilization of steep slopes and nutrient cycling (Belnap 
1994). The crusts are extremely brittle during the dry summer months 
and can be eliminated by the shattering influences of trampling by non-
native herbivores (Belnap 1994). The historic and current presence of 
non-native herbivores and pigs has reduced leaf litter and compacted 
and degraded the soil structure, resulting in accelerated rates of 
erosion (Klinger et al. 1994, Nishida 1994).
    Even after the agents that initiated erosion have been removed, 
loss of soils continues (Clark et al. 1990, Halvorson 1993). Because 
both the biotic and physical properties of the soils have been degraded 
or lost altogether, the soils that remain behind provide poor 
conditions for seedlings to germinate and establish. On Santa Rosa 
Island, a grove of island oaks (Quercus tomentella), a Category 2 
candidate for Federal listing, has shown few signs of regeneration on 
soils severely affected by erosion even after an exclosure was built to 
eliminate cattle, elk, and deer (Danielsen 1989a, 1989b). All 16 taxa 
in this proposed rule are threatened with habitat instability due to 
the loss and degradation of soils on all islands.
    Several historic accounts include specific references to the 
abundance and distribution of several of the proposed taxa, which can 
be compared to current abundance and distribution information. In a 
letter to Hoffmann in 1932 concerning Berberis pinnata ssp. insularis, 
Munz remarked that, 

[[Page 38004]]
``Brandegee says of B. pinnata, that it is `common' on S.C.'' (S. 
Junak, in litt. 1994); Berberis pinnata ssp. insularis is currently 
known from three small populations. In 1890, Brandegee wrote that 
Heuchera maxima was ``not uncommon throughout Santa Cruz Island'' 
(Hochberg et al. 1980a); it is currently reduced to 12 populations on 
that island, and 11 populations on West Anacapa Island. Apparently, 
Malacothamnus fasciculatus var. nesioticus was already rare by the turn 
of the century; Greene wrote that the plant was ``rare; only two bushes 
seen, and these under the protection of large opuntias; perhaps thus 
kept from the sheep'' (Hochberg et al. 1980a).
    Seabirds have altered historic habitat for Malacothrix indecora on 
San Miguel Island and Prince Island, and known sites for Malacothrix 
squalida on Anacapa Island. CINP has been monitoring certain seabirds, 
including the double-crested cormorant (Phalacrocorax auritus), the 
pelagic cormorant (Phalacrocorax pelagicus), the federally endangered 
brown pelican (Pelecanus occidentalis), the western gull (Larus 
occidentalis), and Cassin's auklet (Ptychoramphus aleuticus), on 
islands within CINP since 1985. Many of these bird species experienced 
severe population declines in the late 1960's and early 1970's as a 
result of DDT-related reproductive failures (Ingram 1994). However, 
monitoring results indicate that populations of most of these birds 
have increased over the past decade. Seabirds use local vegetation to 
construct nests on cliff and blufftop sites, create localized soil 
disturbances that facilitate establishment of alien plant species, and 
promote erosion of coastal bluffs. Seabird activity has been noted on 
Middle Anacapa Island within habitat for Malacothrix squalida (S. 
Junak, pers. comm. 1994).
    In 1990, seabirds on Prince Island included 10,000 Cassin's auklets 
and 240 double-crested cormorants (Ingram 1994); other seabirds that 
nest on the island but were not monitored include the ashy storm-petrel 
(Oceanodroma homochroa), Leach's storm-petrel (Oceanodroma lencorhoa), 
Brandt's cormorant (Phalacrocorax penicillatus), pelagic cormorant, 
brown pelican, western gull, pigeon guillemot (Cepphus columba), and 
Xantus' murrelet (Synthliboramphus hypoleuca). Due to the degree of 
protection afforded this nesting activity by CINP, surveys for 
Malacothrix indecora within historic habitat have not been done since 
the taxon was last seen there in 1978. Given the size of the island (24 
hectares (60 acres)) and the number of nesting birds, habitat for 
Malacothrix indecora has likely been affected.
    Compaction of soils and crushing of plants resulting from vehicle 
traffic is a potential threat to three of the proposed taxa on Santa 
Rosa Island: Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. 
``East Point,'' and Gilia tenuiflora ssp. hoffmannii. Populations of 
all three taxa occur at sites where vehicles were historically or are 
currently used. The only known population of Gilia tenuiflora ssp. 
hoffmannii is bisected by a road.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Unrestricted collecting for scientific or horticultural purposes 
and excessive visits by individuals interested in seeing rare plants 
constitutes a potential threat to certain of the taxa in this proposal. 
In particular, the collection of whole plants or reproductive parts of 
those annual or herbaceous perennial taxa with fewer than 100 
individuals, including Arabis hoffmannii, Berberis pinnata ssp. 
insularis, Malacothamnus fasciculatus var. nesioticus, Malacothrix 
indecora, Malacothrix squalida, and Thysanocarpus conchuliferus, could 
adversely affect the genetic viability and survival of those taxa. In 
the horticultural trade, Dudleya species have, in particular, been 
favorite collection items. Dudleya sp. nov. ``East Point'' was 
collected and introduced into the horticultural trade long ago as 
``white sprite.'' Dudleya blochmaniae ssp. insularis and Dudleya 
nesiotica, though not in the trade, have been cultivated by Dudleya 
enthusiasts. The limited distribution of these three taxa makes them 
vulnerable to such enthusiasts. Heuchera maxima is also found in 
cultivation; the threat of collection for this taxon is unknown.

C. Disease or Predation

    In 1875, when sheep stocking on Santa Cruz Island was around 50,000 
head, botanist J.T. Rothrock reported that the island was so overgrazed 
that ``it was with difficulty that I could get even a decent botanical 
specimen'' (Hobbs 1983). Although sheep grazing has been removed as a 
current threat, the decades of overgrazing by sheep have had long-term 
effects in reducing the reproductive capabilities and distribution of 
many of the taxa included in this proposal. A review of literature 
pertinent to effects of sheep on island vegetation is included in 
Hochberg et al. (1980a). Feral pigs, feral goats, sheep, deer, elk, 
horses, and bison currently occur in habitats that support populations 
of most of the taxa included in this proposal. In addition to modifying 
habitat through altering the structure and composition of plant 
communities, altering hydrologic and soil characteristics, and 
increasing the potential for erosion as discussed under Factor A, non-
native mammals also affect the proposed plant taxa through direct 
herbivory. The effects of defoliation on plants include decreased 
aboveground biomass, fewer stems, less seed, reduced height of leaves 
and stems, decreased root biomass, reduced root length, decreased 
carbohydrate reserves, and reduced vigor (Heady in Willoughby 1986).
    The effects of grazing animals on plants can be demonstrated by 
studies on oaks and pines on the Channel Islands. On Santa Cruz Island, 
oak groves are more numerous and in better condition than those on 
Santa Rosa Island, but still show no signs of recruitment due to pig 
rooting. A recent comparison of fenced and unfenced sites under live 
oak (Quercus agrifolia) tree canopies showed a significant number of 
oak seedlings within the fenced sites (Peart et al. 1994). On Santa 
Cruz Island, the removal of feral sheep has been credited with allowing 
the reestablishment of native woody perennials including the Bishop 
pine (Pinus muricata) (Wehtje 1994). On Santa Rosa Island, the Bishop 
pine continues to display low recruitment and high older-tree mortality 
caused by deer browsing, placing the population ``at risk'' (of 
extirpation) under present conditions (Viers and Halvorson 1994). The 
Santa Cruz Island ironwood (Lyonothamnus floribundus ssp. 
asplenifolius), a Category 2 candidate for Federal listing, is 
similarly lacking in recruitment on Santa Rosa Island.
    Clark et al. (1990) noted that most individuals of Santa Rosa 
Island manzanita suffer from severe browsing by elk and deer. The shape 
of individual shrubs has been modified as a result of browsing. Short-
statured shrubs have been hedged to the point that they do not grow 
above a certain height; in shrubs that attained a taller stature before 
browsing pressure became severe, all lower limbs and leaves have been 
stripped, resulting in a ``lollipop'' or tree-shaped shrub. Apparently, 
the browsing pressure on Santa Rosa Island manzanita has affected its 
ability to reproduce; Clark reported not seeing a single seedling 
during a survey in 1988 (Ronilee Clark, ecologist, California Park 
Service, pers. comm. 1994).
    The widespread effects of grazing on island vegetation have been 
illustrated through the above examples; similar effects on the proposed 
taxa are inferred. However, specific examples of 

[[Page 38005]]
browsing or grazing by alien mammals on certain proposed taxa have been 
observed, including Castilleja mollis, Gilia tenuiflora ssp. 
hoffmannii, Arabis hoffmannii, and Thysanocarpus conchuliferus. In 
1993, perhaps as much as 20 percent of the Carrington Point populations 
of Castilleja mollis were consumed by deer. Individual plants were 
excavated, leaving depressions in the sandy soils where plants had been 
observed five months earlier (Sarah Chaney, CINP, pers. comm. 1993).
    Grazing can completely eliminate plants and prevent the supplement 
of seed to the seed bank. Of the six collections of Gilia in the 
herbarium at the Santa Barbara Botanic Garden, only two collections 
made during April 1941 show no signs of browsing. The remaining four 
collections were made between the months of May and June between 1963 
and 1978, and all show signs of having been browsed (Rutherford and 
Thomas, in litt. 1994). In 1993, Thomas visited the Gilia population 
twice; during the first visit in April, the Gilia had not been browsed, 
but by the second visit in May, the Gilia had been browsed (Thomas, in 
litt. 1993). In response to such browsing, the annual Gilia forms 
multiple side branches; an individual plant may produce a greater 
number of flowers, but this does not necessarily increase the fecundity 
of the plant (Painter and Belsky 1993). Flowers produced later in the 
season out of synchrony with pollinator activity lowers seed 
productivity.
    The Nature Conservancy has been monitoring population sizes for 
Arabis hoffmannii on Santa Cruz Island since 1990. In 1993, only 19 
individuals were observed in the Centinela population; this represented 
a net loss of 13 individuals from the previous year, with mortality of 
9 of those plants ``directly attributed to pig rooting'' (Klinger 
1994a). Pigs also ``rooted up entirely'' 6 out of 14 populations of 
Thysanocarpus conchuliferus that were monitored in 1993 (Klinger 
1994b).
    All of the taxa included in this proposal, with the exception of 
Berberis pinnata ssp. insularis, have populations that are subject to 
predation by one or more non-native mammals. Apparently, the roots of 
Berberis species are often toxic (Williams 1993), making consumption by 
feral pigs unlikely.
    The response of plant communities to the removal of grazing depends 
in part on the degree of disturbance that has already been caused by 
grazing. Lightly grazed areas may return to pregrazing conditions more 
quickly. In areas that have been more heavily grazed, the loss of soils 
and their physical and biotic properties may favor the recovery of 
certain species over others once grazing has been eliminated. If 
ecosystem processes have been reduced or eliminated through heavy and/
or long-term grazing, pre-grazing conditions may never be attained 
during the recovery process. The effects of the removal of grazing from 
the proposed taxa are unknown. While populations of other island taxa 
have increased once grazing pressure has been removed (Peart et al. 
1994, Wehtje 1994), other taxa, such as the insular form of Torrey pine 
(Pinus torreyana), may decrease with a reduction in grazing pressure 
(Viers and Halvorson 1994). Junak observed that after sheep were 
removed in 1989, Helianthemum greenei populations increased in size for 
several years, most likely in response to the release of grazing 
pressure. However, with grazing pressure removed, other shrub taxa also 
increased in cover, leading to increased competition for resources, and 
a subsequent decline in Helianthemum greenei population sizes (S. 
Junak, pers. comm. 1994).
    Diseases are not specifically known to threaten any of the taxa 
included in this proposal.

D. The Inadequacy of Existing Regulatory Mechanisms

    Under the Native Plant Protection Act (sec. 1900 et seq. of the 
Fish and Game Code) and the California Endangered Species Act (sec. 
2050 et seq.), the California Fish and Game Commission has listed 
Dudleya nesiotica and Galium buxifolium as rare and Berberis pinnata 
ssp. insularis and Malacothamnus fasciculatus ssp. nesiotica as 
endangered. The remaining taxa included in this listing proposal, 
excepting Dudleya sp. nov. ``East Point,'' are on List 1B of the 
California Native Plant Society's Inventory (Smith and Berg 1988), 
indicating that, in accordance with sec. 1901, chapter 10 of the 
California Department of Fish and Game Code, they are eligible for 
State listing. Though both the Native Plant Protection Act and the 
California Endangered Species Act prohibit the ``take'' of State-listed 
plants (sec. 1908 and sec. 2080 of the Fish and Game Code), State law 
appears to exempt the destruction of such plants via habitat 
modification or land use change by the landowner. After the California 
Department of Fish and Game notifies a landowner that a State-listed 
plant grows on his or her property, State law requires only that the 
landowner notify the agency ``at least 10 days in advance of changing 
the land use to allow salvage of such plant'' (sec. 1913). Privately 
owned lands that support populations of the taxa in this proposal 
include most of Santa Cruz Island, 90 percent of which is owned by TNC; 
the remaining 10 percent is owned jointly by NPS and a private 
landowner. On Santa Catalina Island, habitat for Helianthemum greenei 
occurs on land managed by the Catalina Conservancy, a private 
conservancy owned by the Catalina Island Company. In general, these 
State regulatory mechanisms would not likely be invoked, because major 
changes in land use, such as development projects, are not likely to be 
proposed on these properties. Furthermore, without such proposed 
changes in land use, the State is unlikely to take regulatory action 
over ongoing activities, such as cattle, sheep, goat, and bison 
grazing, and deer browsing.
    The California Fish and Game Commission (Commission) also regulates 
hunting on private and public lands by issuing permits for the take of 
a specified number of animals and taking measures to manage herd sizes. 
The Commission issues permits for deer hunting on Santa Catalina 
Island. In 1993, the Commission issued 300 tags for deer hunting on the 
island; due to an increasing herd size, the Commission may grant a 
request from the Catalina Island Company to issue a larger number of 
tags in 1994 (Ken Mayer, California Department of Fish and Game (CDFG), 
pers. comm. 1994). Pigs are considered livestock if they are fenced or 
marked, but considered wild game if they are unfenced and unmarked. The 
Catalina Island Company has entered into a Memorandum of Understanding 
(MOU) with CDFG to allow eradication of feral pigs on Catalina Island 
(Mayer, pers. comm. 1994). A similar MOU between CDFG and TNC exists 
for the removal of pigs from Santa Cruz Island. Bison, which occur on 
Santa Catalina Island, are considered livestock and therefore not 
regulated by any agency. Apparently, the Commission has no regulatory 
authority over hunting or herd size of deer and elk on Santa Rosa 
Island, because these ungulates were originally transported there under 
a game breeder's permit in the early 1900's.
    Several Federal laws, Department of the Interior policies, and 
National Park Service policies and guidelines apply to the management 
of NPS lands. These laws and guidelines include the National 
Environmental Policy Act (NEPA), the Endangered Species Act, NPS 
guidelines for natural resources management (NPS 1991), and the CINP 
Statement for Management (NPS 1985). The 1980 Congressional legislation 
enabling purchase of Santa Rosa Island 

[[Page 38006]]
as a national park from the Vail and Vickers Company stated that the 
owner ``may retain for himself a right of use and occupancy of all or 
such portion of the property as the owner may elect for a definite term 
of not more than twenty-five years, or ending at the death of the 
owner, or his spouse, whichever is later. The owner shall elect the 
term to be reserved. Any such right retained pursuant to this 
subsection with respect to any property shall be subject to termination 
by the Secretary upon his determination that such property is being 
used for any purpose which is incompatible with the administration of 
the park, or with the preservation of the resources therein, and it 
shall terminate by operation of law upon notification by the Secretary 
to the holder of the right of such determination and tendering to him 
the amount equal to the fair market value of that portion which remains 
unexpired'' (Public Law 96-199, 94 Stat. 67, March 5, 1980). The 
legislation also directed the Secretary to complete a natural resources 
study within two years that would supply an inventory of all 
terrestrial and marine species, indicating their population dynamics, 
and probable trends as to future numbers and welfare, and to recommend 
action that should be adopted to better protect the natural resources 
of the park.
    Under this legislation, the former owners, the Vail and Vickers 
Company, chose to retain the rights to occupy 3.1 hectares (7.6 acres), 
to continue the cattle ranching operation, and to continue a commercial 
deer and elk hunting operation. To allow such continued use, NPS issues 
Special Use Permits (SUP) for five-year terms. The first SUP that was 
issued to Vail and Vickers Company included a condition that a range 
management plan be developed within five years. The plan, however, does 
not address protection of the proposed taxa (USFWS 1991, 1992, 1993). 
Due to unresolved NEPA issues (the apparent need to prepare an 
Environmental Impact Statement for the first SUP), the Record of 
Decision for the document has not been signed.
    In a recent review of the range management plan, the Service found 
that measuring residual dry matter, the proposed means of determining 
appropriate stocking rates, is inadequate to monitor other indicators 
of ecosystem health, including composition and diversity of species, 
and the condition of candidate plant species (USFWS 1993). The 
monitoring of sensitive resources within grazed areas is commonly 
recommended (NPS 1991, Ruyle 1987, Willoughby 1986), but in this case 
has not been included in the range management plan. Currently, the 
condition of the vegetation on Santa Rosa Island is monitored by 
assessing the residual dry matter of grassland vegetation, which is 
composed primarily of non-native species (NPS 1993).
    San Miguel Island and adjacent Prince Island (a small islet) are 
under the jurisdiction of the Department of the Navy (Navy), but NPS 
assists in the management of natural, historic, and scientific values 
of San Miguel Island through a Memorandum of Agreement (MOA) originally 
signed in 1963, an amendment signed in 1976, and a supplemental 
Interagency Agreement (IA) signed in 1985. The MOA states that the 
``paramount use of the islands and their environs shall be for the 
purpose of a missile test range, and all activities conducted by or in 
behalf of the Department of the Interior on such islands, shall 
recognize the priority of such use'' (Department of the Navy 1963). In 
addition to San Miguel Island, four other islands including Anacapa, 
Santa Barbara, Santa Cruz, and Santa Rosa lie wholly within the Navy's 
Pacific Missile Test Center (PMTC) Sea Test Range. The 1985 IA provides 
for PMTC to have access and use of portions of those islands, for 
expeditious processing of any necessary permits by NPS, and for 
mitigation of damage of park resources from any such activity 
(Department of the Navy 1985). Should the Navy no longer require use of 
the islands, NPS would seek authorization for the islands to be 
preserved and protected as units within the NPS system (Department of 
the Navy 1976). To date, conflicts concerning protection of sensitive 
resources on San Miguel Island have not occurred; however, protection 
and management for the three proposed taxa that occur on the island, 
Galium buxifolium, Malacothrix squalida, and Phacelia insularis ssp. 
insularis, have not been addressed, leaving in question which agency 
has ultimate responsibility to do so.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
    Several species of non-native aggressive plant species are 
considered problematic invaders, including Australian fireweed 
(Erechtites glomerata), several species of iceplant (Carpobrotus spp., 
Mesembryanthemum spp.), several thistle species (Centaurea spp., 
Cirsium spp., Silybum sp.), German ivy (Senecio mikanoides), hoary 
cress (Cardaria draba), and Russian thistle (Salsola iberica). Over 180 
species of non-native plant species have been documented from the 
northern island group (Hochberg et al. 1979, Halvorson et al. 1987). 
Displacement of native habitats and species has been a concern for the 
natural resource managers on the islands.
    Fennel (Foeniculum vulgare) has apparently become widespread since 
the removal of sheep from Santa Cruz Island. Fennel was noticed as a 
pest species prior to the removal of sheep as reported in Hobbs (1983). 
Sheep kept the plant from growing to its full height of 2 m (6 ft); 
since their removal, the plant has ``appeared'' over large areas of the 
island. Several papers were presented at a recent (1994) symposium on 
techniques used to control fennel (Brenton and Klinger 1994, Dash and 
Gliessman 1994, Gliessman 1994), which, when left unchecked, completely 
dominates the habitats it occupies to the exclusion of other species. 
Fennel apparently contains a chemical that prevents other species from 
competing for occupied sites (Gliessman 1994).
    Incidental introductions of seed to the Channel Islands occur 
constantly; sources include wind-blown seed from the mainland, 
introductions from restocking non-native animals, and operational 
equipment (vehicles and construction materials). Deliberate 
introductions of seed also occur; during the 1960's, one pilot recalled 
scattering bags of commercial wildflower and grass seed on most of the 
northern Channel Islands (Rutherford, in litt. 1994). When new 
introductions and established seed sources occur in areas with 
consistent disturbance resulting from grazing, browsing, and rooting by 
non-native mammals, the invasions can become overwhelming. These 
invasive species have a high probability of preventing recruitment and 
causing habitat displacement of all taxa in this proposed rule.
    TNC acquired nine-tenths of Santa Cruz Island from the previous 
landowner in 1987. TNC's general goals for preserve management include 
the preservation, protection, restoration, and understanding of the 
natural resources (Rob Klinger, TNC, Santa Cruz Island, pers. comm. 
1994). Although a specific management plan for the Santa Cruz Island 
Preserve has not been developed, certain management activities have 
already been undertaken. These activities include long-term monitoring 
of specific plant communities and rare plant populations; trial 
programs in feral pig removal, herbicide treatment of alien plant 
species, and controlled burns in grassland and island pine communities; 
and research on specific species, and response of plant communities to 

[[Page 38007]]
removal of non-native mammals. A five-year trial feral pig removal 
program was successful in removing all but a few pigs from a 2,400-
hectare (6,000-acre) exclosure on the south side of the island. The 
number of pigs has begun to increase. TNC also took immediate steps to 
remove sheep upon acquiring the property, but has been unable to manage 
the apparent rapid invasion of alien fennel that resulted from the 
release of grazing pressure. TNC is exploring options for implementing 
island-wide feral pig removal and other management activities; these 
options may include developing an agreement with NPS for that agency to 
manage the island.
    The species that occupy insular habitats, like those found on the 
nearby mainland, have characteristics that enable them to recover from 
fire events. These characteristics include the production of seeds that 
respond favorably to fire temperatures and chemical products (charates) 
and root burls that resprout following a fire (Carroll et al. 1993). 
Tree ring histories from island Torrey pines with fire scars reveal 
that pre-livestock fire events occurred at 20 to 30 year intervals 
(Viers and Halvorson 1994). Since little evidence exists that lightning 
fires occur at these frequencies (Carroll et al. 1993), man is 
implicated as the principal agent of ignition (Timbrook et al. 1982).
    Fire has been removed as a functioning ecological process on the 
islands for over 150 years. The absence of fire has created an 
imbalance in recruitment and regeneration of ecosystem components, 
including many of the proposed species. Therefore, the current 
distribution of island vegetation does not represent prehistoric 
conditions (Minnich 1980). Many of the brushland species will not 
regenerate without fire and with age will die back. Browsing and 
grazing animals reduce the probability of survival for these fire-
adapted species by removing seed and seedlings. This could be 
devastating to recruitment following a fire event. Seedling consumption 
could effectively terminate the subsequent generation necessary to re-
establish the seed bank.
    The fuel load (the amount of standing and downed vegetation) has 
been dramatically altered from heavy (brush) to light (grass) through 
the agents of ranching and sport hunting management. The characteristic 
fire intensities and durations shifted from long duration and high 
intensity with brush fuels to short duration and light intensities with 
grass fuels. The life history requirements of most taxa in this 
proposed rule (Arabis hoffmannii, Arctostaphylos confertiflora, 
Berberis pinnata ssp. insularis, Castilleja mollis, Galium buxifolium, 
Helianthemum greenei, Malacothamnus fasciculatus var. nesioticus, 
Malacothrix indecora, Malacothrix squalida, Phacelia insularis ssp. 
insularis, and Thysanocarpus conchuliferus) are based upon the 
occurrence of fires to promote reproduction and reduce competition with 
other species.
    Many of the known pollinators on the islands are ground-nesting 
insects (Miller 1985, Miller and Davis 1985). The habitat of these 
ground-nesting insects has been and is being degraded by trampling and 
serious loss of soils to active erosion on all of the islands.
    The small numbers of isolated populations and individuals of most 
of these taxa increase the potential for extinction from stochastic 
events. Five of the proposed taxa, Dudleya blochmaniae ssp. insularis, 
Dudleya sp. nov. ``East Point,'' Dudleya nesiotica, Gilia hoffmannii, 
and Malacothrix indecora, are known from single populations. Six other 
proposed taxa, Arabis hoffmannii, Berberis pinnata ssp. insularis, 
Castilleja mollis, Malacothamnus fasciculatus ssp. nesioticus, 
Malacothrix squalida, and Phacelia insularis ssp. insularis, are known 
from only two to five populations.
    Species with small numbers of populations and individuals are 
subject to the threat of stochastic extinction in several ways. First, 
the loss of genetic diversity may decrease the species' ability to 
maintain fitness within the environment, and is frequently manifested 
in depressed reproductive vigor. From the genetic analyses conducted 
for the two populations of Malacothamnus fasciculatus var. nesioticus, 
Swenson et al. (in prep.) concluded that the two genotypes represented 
in each of the two populations ``probably represent only a portion of 
the diversity once present in var. nesioticus.'' Elisens (1994) 
documented reduced levels of genetic diversity in Galvesia speciosa, a 
Channel Islands endemic plant and Category 2 candidate for Federal 
listing, and noted that the levels were ``likely the result of 
decreased population sizes initiated by human activities and herbivore 
introductions.''
    Secondly, species with low numbers of populations or individuals 
may be subject to forces that affect their ability to complete their 
life cycle successfully. Arctostaphylos confertiflora, like a host of 
other perennial shrub and tree taxa that are candidates for Federal 
listing on the northern Channel Islands, provides an excellent example 
of this type of threat. The only remaining individuals of this species 
are of moderate to old age, and the establishment of new individuals is 
completely lacking. The effects of browsing animals on critical 
portions of the species' life cycle has resulted in the inability of 
the species to establish new individuals to replenish the population. 
The degree of pollination success for manzanita flowers is unknown; 
however, the presence of alien grazing and browsing animals has most 
likely depressed the number of native pollinators available to the 
native plants. Even if pollination occurs and results in successful 
fruiting, the fruits are eaten by browsing animals. Even if fruits 
escape predation and seeds do germinate, the seedlings are either 
trampled or eaten by those same animals. All of the species in this 
rule that occur on Santa Rosa, Santa Cruz, and Santa Catalina Islands 
are similarly affected.
    Thirdly, catastrophic environmental events, such as storms, 
drought, fire, or landslides, could destroy a significant percentage of 
a species' individuals, or the only known extant population. Arabis 
hoffmannii and Thysanocarpus conchuliferus are examples of species that 
could sustain losses of individuals and populations through landslides 
and soil sloughing as a result of storm events.

    In summary, stochastic events can affect species on three different 
levels: through loss of genetic diversity, through chance events in 
survival and reproduction, and through catastophic environmental 
events. When numbers of populations and individuals reach critically 
low levels, more than one of the three types of stochastic events may 
combine to cause extinction. For instance, a species that has had low 
reproductive success due to grazing or browsing pressure during a 
critical portion of its life cycle may subsequently be subject to a 
severe drought or storm event that eliminates any remaining individuals 
or populations. Stochastic extinction constitutes a major threat to all 
of the taxa being proposed.

    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these taxa in determining to propose this rule. 
Based on this evaluation, the preferred action is to propose Arabis 
hoffmannii, Arctostaphylos confertiflora, Berberis pinnata ssp. 
insularis, Castilleja mollis, Dudleya blochmaniae ssp. insularis, 
Dudleya sp. nov. ``East Point,'' Dudleya nesiotica, Galium buxifolium, 
Gilia tenuiflora ssp. hoffmannii, Helianthemum greenei, Heuchera 
maxima, Malacothamnus 

[[Page 38008]]
fasciculatus ssp. nesioticus, Malacothrix indecora, Malacothrix 
squalida, Phacelia insularis ssp. insularis, and Thysanocarpus 
conchuliferus as endangered. Threats to the 16 taxa include soil loss, 
habitat alteration by mammals alien to the Channel Islands (pigs, 
goats, sheep, donkeys, cattle, deer, elk, horses, bison) and direct 
predation by these same alien mammals, habitat alteration by native 
seabirds, habitat alteration due to vehicular traffic, overcollection 
for scientific or horticultural purposes, and competition with alien 
plant taxa. The 16 taxa also have an increased vulnerability to 
extinction due to reduced genetic viability, depressed reproductive 
vigor, and stochastic environmental events resulting from small numbers 
of individuals and populations. Because these 16 taxa 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 taxa for reasons discussed in 
the ``Critical Habitat'' section of this proposal.
Critical Habitat

    Critical habitat is defined by 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 any protected species to the point at which 
the measures provided pursuant to the Act are no longer necessary (50 
CFR 424.02(c)).
    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 specify critical habitat at the time a 
species is proposed for listing. The Service finds that designation of 
critical habitat is not prudent for Arabis hoffmannii, Arctostaphylos 
confertiflora, Berberis pinnata ssp. insularis, Castilleja mollis, 
Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. ``East Point,'' 
Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii, 
Helianthemum greenei, Heuchera maxima, Malacothamnus fasciculatus ssp. 
nesioticus, Malacothrix indecora, Malacothrix squalida, Phacelia 
insularis ssp. insularis, and Thysanocarpus conchuliferus at this time. 
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 National Park Service, the Department of Defense, The Nature 
Conservancy, and other pertinent parties have been notified of the 
location and importance of protecting these species' habitat. Because 
protection of these species' habitat will be addressed through the 
recovery process and through the section 7 consultation process as a 
result of listing these species, there would be little additional 
benefit to designating critical habitat. Therefore, the Service finds 
that designation of critical habitat for these plants is not prudent at 
this time as such designation would provide little additional benefit 
beyond that provided 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 
practices. 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 States and requires that recovery actions be 
carried out for all listed species. The protection required of Federal 
agencies and the prohibitions against certain activities involving 
listed plants 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 designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) requires Federal agencies to confer 
informally with the Service on any action that is likely to jeopardize 
the continued existence of a proposed species or result in destruction 
or adverse modification of proposed critical habitat. If a species is 
subsequently listed, section 7(a)(2) requires Federal agencies to 
ensure that activities they authorize, fund, or carry out are not 
likely to jeopardize the continued existence of such a species or to 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    The Service and NPS have recently agreed to pursue development of a 
Conservation Agreement under the Secretary of the Interior's directive 
for Federal agencies to cooperate in the conservation of species for 
which listing may be appropriate (U.S. Dept. of Interior 1994). The 
Conservation Agreement would focus on the prelisting recovery needs of 
the other plant and animal candidate taxa from the northern Channel 
Islands, such that listing for some of those taxa may be avoided, and 
would also serve as a template for the future development of a recovery 
strategy for the 16 taxa included in this proposal. In addition, if 
threats to these 16 taxa can be reduced or eliminated, final listing of 
some or all of the proposed taxa may be precluded.
    Of the 16 proposed taxa, all except 3 (Dudleya nesiotica, 
Malacothamnus fasciculatus ssp. nesioticus, and Thysanocarpus 
conchuliferus) have populations or historical habitat located on 
Federal lands. Three of the taxa (Galium buxifolium, Malacothrix 
indecora, and Phacelia insularis ssp. insularis) have populations or 
historical habitat on San Miguel Island, which is owned by the Navy and 
managed by NPS through a Memorandum of Agreement and Interagency 
Agreement. Navy activities that could potentially affect these taxa and 
their habitats include military exercises and equipment testing and 
retrieval carried out under the Executive Order that established the 
Pacific Missile Test Center (PMTC) Sea Test Range, which includes 
Anacapa, San Miguel, Santa Barbara, Santa Cruz, and Santa Rosa Islands 
and their environs.
    Three of the taxa (Berberis pinnata ssp. insularis, Heuchera 
maxima, and Malacothrix squalida) have populations or historical 
habitat on Anacapa Island, which is owned and managed by NPS. Eleven of 
the 16 taxa have populations or historical habitat on Santa Rosa 
Island, which is owned and managed by NPS. Five of those 11 taxa are 
single island endemics (Arctostaphylos confertiflora, Castilleja 
mollis, Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. ``East 
Point,'' Gilia tenuiflora ssp. hoffmannii). NPS activities that could 
potentially affect these taxa and their 

[[Page 38009]]
habitats include specific management plans, including those that 
address expansion of park facilities; expansion of visitor services; 
range management plans, including those that address cattle ranching 
and deer and elk hunting; alien plant removal programs; and other 
ecosystem restoration programs. Other activities include the issuing of 
permits, including Special Use Permits, that authorize continued 
ranching and hunting operations on Santa Rosa Island. Also included are 
permits that authorize activities by other agencies or organizations, 
including rights-of-way to the Department of Commerce to access 
lighthouse and communication facilities. The enabling legislation that 
authorized NPS purchase of Santa Rosa Island also provides a mechanism 
to ensure protection of the island's natural resources. Sections 
202(d)(1) and 202(d)(2) of Title II, Public Law 96-199, state that if 
the Secretary of the Interior determines the property is being used for 
any purpose that is incompatible with the administration of the park or 
with the preservation of its resources, the Secretary shall terminate 
the retained right and use of occupancy by the former owner.
    As mentioned above, there are four taxa that occur wholly on lands 
owned and managed by TNC. Future management of Santa Cruz Island may 
involve NPS as a cooperator, since the island is within National Park 
boundaries. NPS has already developed a keen interest in the 
conservation of the proposed taxa on Santa Cruz Island, and the Service 
would anticipate coordination with NPS on issues affecting those taxa.
    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, 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.
    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 be likely to constitute a violation of section 9 of the 
Act. The intent of this policy is to clarify the potential impacts of a 
species' listing on proposed and ongoing activities within the species' 
range. Nine of the 16 taxa in this proposed rule are known to occur on 
lands under the jurisdiction of the National Park Service or Department 
of Defense; an additional 4 taxa historically occurred on these same 
Federal lands, and potential habitat may still exist. Collection, 
damage, or destruction of listed species on these lands is prohibited. 
However, authorization to incidentally remove or destroy such species 
on Federal lands may be granted by the Fish and Wildlife Service for 
any otherwise legal action funded, authorized, or implemented by a 
Federal agency through section 7 of the Act. The removal and reduction 
to possession of listed species on Federal lands for research 
activities may be authorized by the Service under section 10(a)(1)(B) 
of the Act.
    Section 9 of the Act prohibits removal, cutting, digging up, 
damaging, or destroying listed species on Federal or non-Federal lands 
in knowing violation of any law or regulation of any State or in the 
course of any violation of a State criminal trespass law. As an 
example, if individuals of a listed plant species were grazed or 
trampled by cattle while the livestock was trespassing on either 
Federal or non-Federal land, a violation of section 9 may exist. 
However, if the livestock grazing occurred under the authority of a 
local permit on non-Federal land or under a section 7 consultation on 
Federal land, section 9 would not be violated. Questions regarding 
whether specific activities would constitute a violation of section 9 
should be directed to the Field Supervisor of the Service's Ventura 
Field Office (see ADDRESSES section).
    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. Requests for copies of the regulations 
regarding listed species and inquiries about prohibitions and permits 
may be addressed to the U.S. Fish and Wildlife Service, 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 these species;
    (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 a public hearing 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 
Office Supervisor of the Ventura Field Office (see ADDRESSES section).
National Environmental Policy Act
    The Fish and Wildlife Service has determined that Environmental 
Assessments and 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, as well as others, 
is available upon request from the Ventura Field Office (see ADDRESSES 
section).

    Authors: The primary authors of this proposed rule are Constance 
Rutherford and 

[[Page 38010]]
Tim Thomas, botanists, Ventura Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulations Promulgation

    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                                                                                                                                    
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Arabis hoffmannii.......  Hoffman's rockcress.....  U.S.A. (CA).............  Brassicaceae--Mustard..  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Arctostaphylos            Santa Rosa Island         U.S.A. (CA).............  Ericaceae--Heath.......  E                                 NA           NA
 confertiflora.            manzanita.                                                                                                                   
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Berberis pinnata ssp.     Island barberry.........  U.S.A. (CA).............  Berberidaceae--Barberry  E                                 NA           NA
 insularis.                                                                                                                                             
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Castilleja mollis.......  Soft-leaved Indian        U.S.A. (CA).............  Scrophulariaceae         E                                 NA           NA
                           paintbrush.                                         Figwort.                                                                 
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Dudleya blochmaniae ssp.  Santa Rosa Island         U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
 insularis.                dudleya.                                                                                                                     
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Dudleya sp. nov. ``East   Munchkin dudleya........  U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
 Point''.                                                                                                                                               
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Dudleya nesiotica.......  Santa Cruz Island         U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
                           dudleya.                                                                                                                     
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Galium buxifolium.......  Island bedstraw.........  U.S.A. (CA).............  Rubiaceae--Bedstraw....  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Gilia tenuiflora ssp.     Hoffmann's gilia........  U.S.A. (CA).............  Polemoniaceae--Phlox...  E                                 NA           NA
 hoffmannii.                                                                                                                                            
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Helianthemum greenei....  Island rush rose........  U.S.A. (CA).............  Cistaceae--Rockrose....  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Heuchera maxima.........  Island alumroot.........  U.S.A. (CA).............  Saxifragaceae--Saxifrag  E                                 NA           NA
                                                                               e.                                                                       
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Malacothamnus             Santa Cruz Island bush-   U.S.A. (CA).............  Malvaceae-- Mallow.....  E                                 NA           NA
 fasciculatus ssp.         mallow.                                                                                                                      
 nesioticus.                                                                                                                                            
                                                                                                                                                        
                                                                                                                                                        

[[Page 38011]]
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Malacothrix indecora....  Santa Cruz Island         U.S.A. (CA).............  Asteraceae--Aster......  E                                 NA           NA
                           malacothrix.                                                                                                                 
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Malacothrix squalida....  Island malacothrix......  U.S.A. (CA).............  Asteraceae--Aster......  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Phacelia insularis ssp.   Island phacelia.........  U.S.A. (CA).............  Hydrophyllaceae........  E                                 NA           NA
 insularis.                                                                   --Waterleaf............                                                   
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
Thysanocarpus             Santa Cruz Island         U.S.A. (CA).............  Brassicaceae--Mustard..  E                                 NA           NA
 conchuliferus.            lacepod.                                                                                                                     
                                                                                                                                                        
                                                                                                                                                        
                *                   *                   *                   *                   *                   *                   *               
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: July 7, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-18242 Filed 7-24-95; 8:45 am]
BILLING CODE 4310-55-P