[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Proposed Rules]
[Pages 39314-39326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18812]



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DEPARTMENT OF THE INTERIOR
50 CFR Part 17

RIN 1018-AD36


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Nine Plants from the Grasslands or Mesic Areas of 
the Central Coast of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list 
Alopecurus aequalis var. sonomensis (Sonoma alopecurus), Astragalus 
clarianus (Clara Hunt's milkvetch), Carex albida (white sedge), Clarkia 
imbricata (Vine Hill clarkia), Lilium pardalinum ssp. pitkinense 
(Pitkin Marsh lily), Plagiobothrys strictus (Calistoga allocarya), Poa 
napensis (Napa bluegrass), Sidalcea oregana ssp. valida (Kenwood marsh 
checkermallow), and Trifolium amoenum (showy Indian clover) as 
endangered pursuant to the Endangered Species Act of 1973, as amended 
(Act). These nine species grow in a variety of habitats including 
valley grasslands, meadows, freshwater marshes, seeps, and broad-leaf 
upland forests in Marin, Napa, and Sonoma counties on the central coast 
of California. Habitat loss and degradation, competition from 
aggressive plant species, elimination through plant community 
succession, grazing, inadequate regulatory mechanisms, collection for 
horticultural use, and hydrological modifications to wetland areas 
threaten the continued existence of these plants. This proposal, if 
made final, would implement the Federal protection and recovery 
provisions afforded by the Act for these plants.

DATES: Comments from all interested parties must be received by October 
9, 1995. Public hearing requests must be received by September 25, 
1995.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 
Sacramento Field Office, 2800 Cottage Way, Room E-1803, Sacramento, 
California 95825-1846. Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field 
Supervisor, Sacramento Field Office (see ADDRESSES section) (telephone 
916/979-2710; facsimile 916/979-2723).

SUPPLEMENTARY INFORMATION:

Background

    Populations of the nine plant species in this proposed rule are 
found in Sonoma County and east as far as Napa Valley, California. 
Alopecurus aequalis 

[[Page 39315]]
var. sonomensis (Sonoma alopecurus), Carex albida (white sedge), 
Clarkia imbricata (Vine Hill clarkia), Lilium pardalinum ssp. 
pitkinense (Pitkin Marsh lily), Sidalcea oregana ssp. valida (Kenwood 
Marsh checkermallow), and Trifolium amoenum (showy Indian clover) are 
found in mesic areas mostly within 33 kilometers (km) (15 miles (mi)) 
of the central coast of California. Astragalus clarianus (Clara Hunt's 
milkvetch), Plagiobothrys strictus (Calistoga allocarya), and Poa 
napensis (Napa bluegrass) are found up to 70 km (32 mi) inland in a 
variety of habitats around the City of Calistoga in the Napa Valley, 
California. Urbanization, road construction, a possible water storage 
project, airport construction, development of hot springs into 
commercial resorts, agricultural land conversion, wetland drainage, 
waste disposal, competition with aggressive plant species, collection 
for horticultural use, and livestock grazing have destroyed much of the 
habitat and numerous populations of these nine plant species. 
Historically, these nine species have not been known to occur outside 
of Alameda, Marin, Mendocino, Napa, Santa Clara, Solano, and Sonoma 
counties.

Discussion of Inland Species

    The habitats in which Plagiobothrys strictus and Poa napensis can 
be found include meadows near small thermal hot springs underlain by 
gravelly loams mixed with clays that are associated with high water 
tables. High concentrations of boron, arsenic, and sulfates, which are 
usually toxic to plants, are found in thermal pools and meadows. A few 
unique plants have evolved under these normally adverse conditions, 
including P. strictus and P. napensis. Astragalus clarianus occurs in 
openings within valley grasslands or in broad-leaf upland forests. 
Astragalus clarianus, P. strictus, and P. napensis have only been found 
in Napa and Sonoma counties. Large amounts of habitat have been lost to 
urbanization, road construction, lake building, airport construction, 
and development of hot springs into commercial resorts.
    Willis Jepson (1925a) first described Astragalus clarianus in 1909 
from specimens collected by Clara Hunt in the Conn Valley near St. 
Helena, Napa County, California. Axel Rydberg (1929) and Willis Jepson 
(1936) treated this taxon as Hamosa clariana and Astragalus rattani 
var. clarianus, respectively. Rupert Barneby (1950) re-established 
Astragalus clarianus as a full species. Astragalus clarianus is a low-
growing annual herb belonging to the pea family (Fabaceae). Astragalus 
clarianus, a slender, sparsely leafy plant, is sparingly covered with 
sharp, stiff, appressed hairs. The simple single or few basally 
branching, ascending stems reach 7 to 20 centimeters (cm) (3 to 8 
inches (in.)) in height. The leaves are alternate, 1.5 to 6.0 cm (0.5 
to 2.5 in.) long, with 5 to 9 uncrowded leaflets 2 to 10 millimeters 
(mm) (0.1 to 0.4 in.) long. The leaflets are oblong to obovate, narrow 
at the base, and notched at the tip. Small, pea-like flowers appear 
from March through April. The petals are bicolored, with the wings 
whitish and the banner and keel purple in the upper third. The keel is 
longer and wider than the wings. The horizontal to declining seed pods 
are narrow, linear, slightly curved, pointed at both ends, and occur on 
a 1.5 to 2.5 mm (0.06 to 0.10 in.) long slender stalk. Astragalus 
rattanii var. jepsonianus looks similar to A. clarianus, but grows 10 
to 36 cm (4 to 14 in.) tall, has larger flowers, and seed pods that are 
not elevated on a seed stalk.
    Astragalus clarianus is found on thin, rocky clay soils derived 
from volcanic substrates in foothill grasslands, in openings in 
Arctostaphylos (manzanita), and in openings in Quercus douglasii (blue 
oak) woodlands over an elevational range of 75 to 225 meters (m) (240 
to 750 feet (ft)). Historically, six populations were known from Napa 
and Sonoma counties. Two historical populations have been extirpated by 
urbanization and viticulture (California Natural Diversity Data Base 
(CNDDB) 1993). The population at the type locality was reduced in size 
by the creation of Lake Hennessey in the 1940s. Currently, three 
populations are found in northwestern Napa County and one on the 
eastern side of adjacent Sonoma County. Collectively, the four 
populations of A. clarianus are scattered over approximately 16 
hectares (ha) (40 acres (ac)) (CNDDB 1994). ``The trend for Clara 
Hunt's milkvetch is one of decline as a result of habitat destruction 
and modification'' (California Department of Fish and Game (CDFG 
1991)). The four populations of A. clarianus are variously threatened 
by urbanization, recreational activities, airport maintenance, 
elimination due to plant community succession, competition from 
nonnative weed species, inadequate regulatory mechanisms, stochastic 
events, and a possible future water storage project. One population 
occurs in the Bothe Napa Valley State Park. Another population occurs 
on the shore of Lake Hennessey and is owned by The City of Napa. Two 
remaining populations occur on private land.
    Edward Greene (1892) and Willis Jepson (1901) treated Plagiobothrys 
strictus as Allocarya stricta and Allocarya californica var. stricta, 
respectively, before Ivan Johnston (1923) assigned the present name, 
Plagiobothrys strictus, to specimens collected on alkaline flats near 
sulphur springs at Calistoga, Napa County, California. Plagiobothrys 
strictus is a small, erect, annual herb belonging to the borage family 
(Boraginaceae). Plagiobothrys strictus grows 1 to 4 decimeters (dm) (4 
to 15 in.) in height. The nearly hairless plant has either a single 
stem or branches from near the base. The linear lower leaves are 4 to 9 
cm (1.5 to 4 in.) long. Small, usually paired, white flowers appear in 
March to April in a slender, unbranched inflorescence. The fruit is an 
egg-shaped nutlet about 1.5 mm (0.6 in.) long, keeled on the back, with 
wart-like projections without any prickles. Plagiobothrys greenei, P. 
lithocaryus, P. mollis var. vestitus, P. stipitatus, and P. tener occur 
in vernal pools and have ranges that overlap with the range of 
Plagiobothrys strictus, but they do not resemble P. strictus.
    Plagiobothrys strictus is found in vernal pools adjacent to and fed 
by hot springs and small geysers in foothill grasslands at an 
elevational range of 90 to 160 m (300 to 500 ft). Three historical 
populations occurred within a 3 km (2 mi) radius of Calistoga, Napa 
County, California. One population has been extirpated by urbanization 
and agricultural land conversion. One remaining population of P. 
strictus occurs at a small, undeveloped thermal hot spring. The other 
population occurs at the Calistoga Airport in the center of the city of 
Calistoga. The combined area of the two remaining populations in Napa 
County is less than 80 square (sq) m (900 sq ft) (California Native 
Plant Society (CNPS) 1990). Most of the thermal hot springs in Napa 
County have been developed. The remaining undeveloped hot springs 
occupy very few acres (Dave Steiner, Napa County Soil Conservation 
Service, pers. comm. 1993). ``The overall trend for Calistoga 
popcornflower (Plagiobothrys strictus) is one of decline'' (CDFG 1991). 
The species is threatened by recreational activities, airport 
maintenance, urbanization, inadequate regulatory mechanisms, and 
stochastic events. Both populations occur on private land and neither 
is protected.
    Alan Beetle (1947) first described Poa napensis in 1946 from 
specimens that he collected in a meadow moistened by seepage from hot 
springs, 3 km (2 mi) 

[[Page 39316]]
north of Calistoga at Myrtledale Hot Springs, Napa County, California. 
Poa napensis is an erect, tufted perennial bunchgrass belonging to the 
grass family (Poaceae) that grows to 1 dm (4 in.) in height. Leaves are 
folded, stiffly erect, 1 mm (0.04 in.) wide, with the basal leaves 20 
cm (8 in.) long and upper stem leaves to 15 cm (6 in) in length. A few 
stiff, erect flowering stems appear in May and grow 7 dm (27 in) in 
height. Flower clusters occur as a pale green to purple, condensed, 
oblong-oval panicle 10 to 15 cm (4 to 6 in) long and 2 to 5 cm (0.8 to 
2.0 in) wide. Poa napensis most closely resembles P. unilateralis 
(ocean bluff bluegrass) but differs in leaf and panicle form as well as 
habitat.
    Poa napensis is found in valley grasslands and moist, alkaline 
meadows fed by hot springs. The elevational range of this plant is 100 
to 120 m (340 to 400 ft) within a radius of 6 km (4 mi) of Calistoga. 
Historically, the range of this plant has been diminished by the 
development of recreational hot springs and the growth of the town of 
Calistoga. The larger population of P. napensis near Myrtledale Hot 
Springs occurs in a 100 sq m (1,100 sq ft) area, with an additional 
small population of 100 plants just across an adjoining road (CDFG 
1979). Both remaining populations of P. napensis are dependent on 
moisture derived from adjacent hot springs or overland runoff. Any 
development that would alter the hydrology or flow from these hot 
springs would be detrimental to these populations (CDFG 1979). ``The 
trend for Napa bluegrass is one of decline'' (CDFG 1991). Poa napensis 
is threatened by recreational activities, airport maintenance, 
urbanization, inadequate regulatory mechanisms, and stochastic events. 
The two extant populations are on private land and are not protected.

Coastal Species

    Alopecurus aequalis var. sonomensis, Carex albida, Lilium 
pardalinum ssp. pitkinense, and Sidalcea oregana ssp. valida are 
restricted to permanent freshwater wetlands in or near Pitkin Marsh, 
north of San Francisco Bay, California. Clarkia imbricata is restricted 
to a very narrow range in open grasslands near Pitkin Marsh. The Pitkin 
Marsh area, in which several disjunct and restricted species are found, 
is contained in the Franciscan area, described by Jepson (1925b) as a 
portion of the Coast Ranges that supports a high degree of plant 
endemism. The Coast Ranges in this area, south of the city of 
Healdsburg, are lower in elevation in comparison to areas north of 
Healdsburg, thus increasing the exposure of this inland area to the 
influence of cool, moist ocean air currents. Many species in this 
region reach their southernmost limit and are often separated by long 
distances from the major portions of their ranges (Rubtzoff 1953). 
Historically, these five species were not known to occur outside Sonoma 
and Marin counties (CNDDB 1993). Carex albida occurs in a sphagnum bog 
in Lower Pitkin Marsh, Sonoma County. Alopecurus aequalis var. 
sonomensis, L. pardalinum ssp. pitkinense, and S. oregana ssp. valida 
are restricted to moist soils in permanent freshwater marshes in Sonoma 
and Marin counties. Clarkia imbricata occurs on acid sands and has not 
been found outside a very restricted range in Sonoma County. 
Historically, the widest ranging of the nine species is Trifolium 
amoenum, which occurred from Mendocino County south to Sonoma, Marin, 
Alameda and Santa Clara counties and east to Napa and Solano counties. 
Trifolium amoenum typically was found in low, wet swales and 
grasslands. This species was considered extinct until 1993, when a 
single plant was discovered in Sonoma County. Seeds from this 
individual were collected and T. amoenum currently exists only in 
cultivation. The land that most recently supported this taxon is 
privately owned. Habitat of this species has been lost to land 
conversion for urbanization or agriculture, livestock grazing, wetland 
drainage, waste disposal, and competition with aggressive species.
    On May 7, 1955, Peter Rubtzoff (1961) collected Alopecurus aequalis 
var. sonomensis in Guerneville Marsh, Sonoma County, California. He 
described the species in 1961. Specimens of this taxon collected as 
early as 1880 in Sonoma and Marin counties had been identified as 
Alopecurus aequalis Sobol., a circumboreal foxtail grass found as far 
south as Mendocino County. These specimens, however, deviated 
considerably from typical A. aequalis and were identified by Rubtzoff 
as A. aequalis var. sonomensis.
    Alopecurus aequalis var. sonomensis is a tufted perennial in the 
grass family (Poaceae) that reaches 30 to 75 cm (12 to 30 in.) in 
height. The stems are mostly erect and either straight or weakly bent 
near the base. The leaf blades are up to 7.5 mm (0.3 in.) wide. The 
panicle is 2.5 to 9.0 cm (1.0 to 3.5 in.) long and 4 to 8 mm (0.1 to 
0.3 in.) wide. The spikelets are usually tinged violet-gray near the 
tip. The awn is straight, and exceeds the lemma body by 1.0 to 2.5 mm 
(0.04 to 0.1 in.). This variety is distinguished from A. aequalis var. 
aequalis by a more robust, upright appearance, generally wider panicle, 
violet-gray tinged spikelets, and longer awn (Rubtzoff 1961; W. Crins, 
Ontario Ministry of Natural Resources, in litt. 1993).
    Alopecurus aequalis var. sonomensis is currently known from only 
five natural populations. The three sites in Sonoma County are 
privately owned and the two sites on the Point Reyes National Seashore, 
in Marin County, are federally owned (CNDDB 1993; V. Norris, Marin 
CNPS, pers. comm. 1993). The elevational range of the species is from 6 
to 210 m (20 to 680 ft). The total number of plants is estimated at 200 
(B. Guggolz, CNPS, pers. comm. 1993). Alopecurus aequalis var. 
sonomensis was known historically from 16 populations. The historical 
range was approximately 48 km (30 mi), reaching north from Point Reyes 
Peninsula to Guerneville and east to Cunningham Marsh. Although fewer 
sites are now present, the range of the species has changed little. The 
numbers of populations of this species are declining due to competition 
from nonnative plant species, trampling and grazing by cattle, and low 
regeneration. The species is also threatened by inadequate regulatory 
mechanisms. Two attempts to reintroduce the species in the Point Reyes 
National Seashore failed. One attempt was destroyed by a flash flood 
(CNDDB 1992; V. Norris, pers. comm. 1993).
    John Bigelow collected the type specimen of Carex albida in 1854 on 
Santa Rosa Creek, Sonoma County, California. Liberty Bailey described 
the species in 1889. Specimens of the plant subsequently collected by 
John T. Howell and John W. Stacey in 1937 in Pitkin Marsh were 
described by them as C. sonomensis (Stacey 1937). Howell (1957) later 
stated that the herbarium specimen of C. albida had been misinterpreted 
by Stacey and others and that C. sonomensis is a synonym of C. albida.
    Carex albida is a loosely tufted perennial herb in the sedge family 
(Cyperaceae). The stems are triangular, 4 to 6 dm (1.3 to 2.0 ft) tall, 
erect, and longer than the leaves. The leaves are flat and 3 to 5 cm (1 
to 2 in.) wide with closed sheaths. The inflorescence consists of 4 to 
7 ovoid or obovoid to oblong spikelets 8 to 18 mm (0.3 to 0.7 in.) 
long. The achenes (fruits) are three-sided when mature. The sacs 
(perigynia) surrounding the achenes are light green to yellow-green 
when mature and 3.0 to 4.5 mm (0.1 to 0.2 in.) long. Several traits 
distinguish C. albida from other closely related sedges. Carex albida 
has inflorescences with staminate flowers 

[[Page 39317]]
above the pistillate flowers, especially on the terminal inflorescence, 
lateral spikelets, and leaves that are shorter than the stems and 3 to 
5 mm (0.1 to 0.2 in.) wide.
    Carex albida, which was thought to be extinct, is currently known 
from only one population, discovered in 1987. The population contains 
approximately 800 to 1,000 plants on privately owned property in Sonoma 
County (CDFG 1993a, CNDDB 1993). Carex albida was known historically 
from four other locations: the type locality on Santa Rosa Creek, one 
site in Perry Marsh, and two sites in Pitkin Marsh, all in Sonoma 
County. The marsh habitat containing C. albida at the Santa Rosa Creek 
site was destroyed in the 1960s by channelization and other alterations 
to Santa Rosa Creek (B. Guggolz, in litt. 1993). The Perry Marsh site 
has been used for cannery waste disposal beginning in 1971, causing the 
probable loss of the population (CNDDB 1993). One of the Pitkin Marsh 
populations has not been seen since 1951. Permission for access to the 
second Pitkin Marsh site has been denied since 1976. The occurrence has 
not been confirmed since that time. Pitkin Marsh, which has become 
drier in recent years because of the addition of wells and other 
construction that have altered marsh hydrology, likely no longer 
supports the species (B. Guggolz, in litt. 1993). The known remaining 
population of C. albida is found in a sphagnum bog near Pitkin Marsh, 
between 45 and 60 m (150 and 200 ft) in elevation. The original habitat 
of all populations occurred within an area of approximately 10 sq km (4 
sq mi). The species occurs in conjunction with Lilium pardalinum ssp. 
pitkinense, spikerush (Eleocharis spp.), rush (Juncus spp.), and 
Himalayan blackberry (Rubus discolor). Carex albida is threatened by 
potential alteration of hydrology from changes in land use or potential 
disturbance from a proposed wastewater treatment project, inadequate 
regulatory mechanisms, competition from nonnative species, stochastic 
events, small population size, and potential disturbance from repair or 
alteration of a nearby State highway.
    Frank H. Lewis and Margaret Lewis (1953) described Clarkia 
imbricata from specimens they collected on July 10, 1951, along the 
roadside of Vine Hill Road, near Pitkin Ranch. Searches for this plant 
at the type locality have been made since 1974, but no plants have been 
observed (CNDDB 1994). Currently, C. imbricata is known from two 
populations in southern Sonoma County.
    Clarkia imbricata is an erect, annual herb in the evening-primrose 
family (Onagraceae). The stems grow to 6 dm (2.5 ft) tall, unbranched 
or with numerous short branches in the upper parts. This plant is 
densely leafy, with entire, lanceolate leaves 2.0 to 2.5 cm (0.8 to 1.0 
in.) long and 4 to 7 mm (0.2 to 0.3 in.) broad that are ascending and 
overlapping. The showy inflorescences appear from June through July. 
The flowers are grouped closely together and each flower has a 
conspicuous funnel-shaped tube at its base. Each flower has four fan-
shaped, lavender petals 2.0 to 2.5 cm (0.8 to 1.0 in.) long with a V-
shaped purple spot extending from the middle to the upper margin of the 
petal. Clarkia purpurea ssp. viminea is the only other Clarkia taxon 
with which C. imbricata can be confused. Clarkia purpurea ssp. viminea 
has a much shorter, funnel-shaped tube and does not have the relatively 
broad, ascending, overlapping leaves of C. imbricata.
    Historically, Clarkia imbricata has never been common. This taxon 
is only known from two populations found in grasslands on acidic sand 
in Sonoma County. The type locality is presumed to have been extirpated 
by changing land uses (CNDDB 1994, B. Guggolz, in litt. 1993). The 
remaining natural population was the source population for cuttings 
that were transplanted into a preserve in 1974. The elevational range 
for the two extant populations is 60 to 75 m (200 to 250 ft). The two 
populations are 1.2 km (0.75 mi) apart and occur on privately owned 
land. The natural population contains 2,000 to 5,000 plants and occurs 
on an open, flat grassland surrounded by a variety of introduced trees 
and shrubs. The planted population, located in a 0.6 ha (1.5 ac) 
preserve, has fluctuated between 200 and 300 plants. The preserve is 
owned and managed by the California Native Plant Society. The planted 
population recently has expanded its range onto the adjacent private 
parcel east of the preserve, where 70 to 100 plants were found in 1993. 
Both populations are threatened variously by agricultural land use 
conversion, inadequate regulatory mechanisms, stochastic events, and 
damage associated with trespassers collecting other rare plants found 
in the preserve (B. Guggolz, in litt. 1993).
    Lawrence Beane and Albert M. Vollmer first collected Lilium 
pardalinum ssp. pitkinense on July 20, 1954, in Pitkin Marsh, Sonoma 
County, California. Beane (1955) described the plant as Lilium 
pitkinense. The plant subsequently was treated as a subspecies of L. 
pardalinum (Skinner 1993).
    Lilium pardalinum ssp. pitkinense is an herbaceous, rhizomatous 
perennial in the lily family (Liliaceae). The slender, erect stems 
reach 1 to 2 m (3 to 6 ft) in height. Leaves are yellow-green, up to 14 
cm (5.5 in.) long, and 1 to 2 cm (0.4 to 0.8 in.) wide. The leaves are 
generally scattered along the stem, but in some plants occur in 2 or 3 
whorls of 3 to 6 leaves near the middle of the stem. The inflorescence 
is a terminal raceme. The flowers are large, showy, and nodding. The 
petals, which are reflexed from the middle, are red at the outer edge 
changing to yellow at the center with small, deep maroon dots mostly 
within the yellow zone. Anthers are purple-brown. The fruit is an 
elliptical capsule containing many rounded seeds (CDFG 1993b). The 
species flowers from June to July. Lilium pardalinum ssp. pitkinense is 
distinguished from L. pardalinum ssp. pardalinum by generally shorter 
petals and anthers.
    Lilium pardalinum ssp. pitkinense grows only in permanently 
saturated, sandy soils in freshwater marshes and wet meadows that are 
35 to 60 m (115 to 200 ft) in elevation. Only three populations of L. 
pardalinum ssp. pitkinense were recorded historically. All the sites 
are found in Sonoma County on privately owned land. The three 
populations, located over a distance of 13 km (8 mi), are presumed 
extant. Since 1975, access to one of the sites has been denied by the 
landowner (CNPS 1988a). As a result, the status of this population has 
not been confirmed. Currently, 200 individual plants remain on the two 
known sites (CDFG 1993b; B. Guggolz, pers. comm. 1993). The extent of 
the two populations has declined from loss of habitat from urbanization 
and competition with blackberries (Rubus spp.) (CDFG 1993b). Collection 
of plants, seeds, and bulbs for horticultural use, competition from 
invasive plant species, potential disturbance from a proposed 
subdivision, grazing, stochastic events, inadequate regulatory 
mechanisms, and low plant numbers threaten this species (Lynn Lozier, 
The Nature Conservancy (TNC), in litt. 1990).
    Edward L. Greene (1897) first described Sidalcea oregana ssp. 
valida in June, 1894, based on material he collected from Knight's 
Valley, Sonoma County, California. Since then, this taxon has been 
known as S. maxima (Baker), S. oregana var. spicata (Jepson), S. eximia 
(Baker), and S. spicata ssp. valida (Wiggins) (CNPS 1988c). Charles 
Hitchcock (1957) treated the genus Sidalcea and recognized four 
subspecies, including S. oregana ssp. valida. 

[[Page 39318]]

    Sidalcea oregana ssp. valida is a perennial herb in the mallow 
family (Malvaceae). The plants are 1 to 2 m (3 to 6 ft) tall. The 
leaves are rounded. Lower leaves have 5 to 7 shallow lobes; upper 
leaves are generally smaller and divided into 3 to 5 entire, lanceolate 
segments. The compound inflorescence consists of densely flowered, 
spike-like racemes 2 to 5 cm (0.8 to 2.0 in.) long. Petals are 1.0 to 
1.5 cm (0.4 to 0.6 in.) long, notched at the apex, and deep pink-mauve. 
The flowers appear from late June to September. Sidalcea oregana ssp. 
valida differs from S. oregana ssp. eximia in having a hairless calyx.
    Sidalcea oregana ssp. valida has never been recorded as abundant 
and only two occurrences, both located on privately owned land, have 
ever been known. Sidalcea oregana ssp. valida inhabits freshwater 
marshes approximately 150 m (490 ft) in elevation, at Kenwood Marsh and 
Knight's Valley, Sonoma County, California. The two sites are located 
approximately 29 km (18 mi) apart. The Knight's Valley population 
covers less than 0.1 ha (0.25 ac). This population was reported to have 
fewer than 100 plants in 1979 (CDFG 1987) and approximately 60 plants 
in 1993 (N. Wilcox, State Water Resources Control Board, pers. comm. 
1993). The Kenwood Marsh population contained approximately 70 
individuals in 1993 (A. Howald, CDFG, pers. comm. 1993). Both 
populations are adversely affected by trampling and reduced seed set 
resulting from cattle grazing. Potential alteration of the hydrology of 
Kenwood Marsh due to urbanization and water withdrawal threatens the 
species (A. Howald, pers. comm. 1993). The plants may also suffer from 
competition by common tule (Scirpus acutus) and yellow star-thistle 
(Centaurea solstitialis), and from periodic maintenance of the Sonoma 
Aqueduct located in Kenwood Marsh (A. Howald, pers. comm. 1993). This 
species is also threatened by stochastic events and inadequate 
regulatory mechanisms.
    Edward L. Greene described Trifolium amoenum in 1891 from specimens 
that he collected near Vanden, Solano County, California, in 1890. 
Historically, this species has been found in a variety of habitats 
including low, wet swales, grasslands, and grassy hillsides up to 310 m 
(1,020 ft) in elevation. This annual plant, which is a member of the 
pea family (Fabaceae), is hairy, erect, and grows to 1 to 6 dm (4 to 27 
in.) in height. The leaves are pinnately compound, widely obovate, and 
2 to 3 cm (0.8 to 1.2 in.) long. The flowers, which are purple with 
white tips, are 12 to 16 mm (0.5 to 0.6 in.) long and occur in dense, 
round or ovoid heads, 2 to 3 cm (0.8 to 1.2 in.) long. Flowers appear 
from April to June. Trifolium amoenum is similar in appearance to T. 
macraei, but is generally larger and the flowers lack subtending 
bracts.
    In 1993, Peter Connors, Bodega Marine Laboratory, discovered a 
single Trifolium amoenum plant in Sonoma County. The species was 
previously considered extinct. The land on which this plant was found 
is privately owned and is currently for sale (P. Connors, Bodega Marine 
Laboratory, pers. comm. 1994; CNDDB 1994). This property currently is 
not being used. If it is sold, it may be converted to residential use, 
similar to other land parcels surrounding this site (P. Connors, pers. 
comm. 1994). In 1994, Dr. Connors grew 18 plants in cultivation from 
seed produced by the single plant found in 1993 (Connors 1994). These 
plants were grown to produce seed for later reintroduction efforts (P. 
Connors, pers. comm. 1994). The soil seed bank in the remaining natural 
habitat within the species' historical range may contain T. amoenum 
seed. Should T. amoenum be found in these areas, the species would 
likely be threatened by urbanization, competition with nonnative 
plants, land conversion to agriculture, livestock grazing, stochastic 
events, and inadequate regulatory mechanisms.

Previous Federal Action

    Federal government actions on these nine species began as a result 
of section 12 of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.) (Act) which directed the Secretary of the 
Smithsonian Institution to prepare a report on those plants considered 
to be endangered, threatened, or extinct in the United States. This 
report, designated as House Document No. 94-51, was presented to 
Congress on January 9, 1975, and included Astragalus clarianus, Carex 
albida, Clarkia imbricata, Lilium pardalinum ssp. pitkinense (as L. 
pitkinense), Plagiobothrys strictus, Poa napensis, and Trifolium 
amoenum as endangered and Sidalcea oregana ssp. valida as 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. The above eight taxa were included in the July 1, 1975, 
notice. On June 16, 1976, the Service published a proposal in the 
Federal Register (41 FR 24523) to determine approximately 1,700 
vascular plant species to be endangered species pursuant to section 4 
of the Act. The list of 1,700 plant taxa was assembled on the basis of 
comments and data received by the Smithsonian Institution and the 
Service in response to House Document No. 94-51 and the July 1, 1975, 
Federal Register publication. Astragalus clarianus, Carex albida, 
Clarkia imbricata, Lilium pardalinum ssp. pitkinense, Poa napensis, and 
Trifolium amoenum were included in the June 16, 1976, Federal Register 
document.
    General comments received in relation to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The Endangered Species Act Amendments of 1978 required that all 
proposals over 2 years old be withdrawn. A 1-year grace period was 
given to those proposals already more than 2 years old. In the December 
10, 1979, Federal Register (44 FR 70796), the Service published a 
notice of withdrawal of the June 6, 1976, proposal, along with four 
other proposals that had expired.
    The Service published a Notice of Review for plants on December 15, 
1980 (45 FR 82480). This notice included Alopecurus aequalis var. 
sonomensis, Astragalus clarianus, Carex albida, Clarkia imbricata, 
Lilium pardalinum ssp. pitkinense, Plagiobothrys strictus, Poa 
napensis, Sidalcea oregana ssp. valida, and Trifolium amoenum as 
Category 1 candidate species. Category 1 taxa are those for which the 
Service has on file substantial information on biological vulnerability 
and threats to support preparation of listing proposals. On November 
28, 1983, the Service published a supplement to the Notice of Review in 
the Federal Register (48 FR 53640). This supplement changed Alopecurus 
aequalis var. sonomensis, Astragalus clarianus, Plagiobothrys strictus, 
Poa napensis, Sidalcea oregana ssp. valida, and Trifolium amoenum from 
Category 1 to Category 2 candidates. Category 2 taxa are those for 
which data in the Service's possession indicate listing is possibly 
appropriate, but for which substantial data on biological vulnerability 
and threats are not currently known or on file to support proposed 
rules.
    The plant notice was revised again on September 27, 1985 (50 FR 
39526). The candidate status of eight of the plant species remained 
unchanged in this notice. Trifolium amoenum was included as a Category 
2* candidate, indicating that the Service had evidence that the species 
might be extinct. Another revision of the plant notice was 

[[Page 39319]]
published on February 21, 1990 (55 FR 6184). In this revision, 
Astragalus clarianus, Plagiobothrys strictus, Poa napensis, and 
Sidalcea oregana ssp. valida were returned to Category 1 status. The 
Service made no changes to the status of any of the nine species in the 
plant notice published on September 30, 1993 (58 FR 51144). The Service 
approved Category 1 status for Alopecurus aequalis var. sonomensis on 
August 26, 1993. However, the status change was inadvertently not 
published in the plant notice published on September 30, 1993. Since 
the publication of that notice, additional information has been 
received on the status of Trifolium amoenum, indicating its 
rediscovery. The Service, therefore, believes that sufficient 
information is now available to support the listing of these nine 
species.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on pending petitions within 12 months of their receipt. 
Section 2(b)(1) of the 1982 amendments further requires that all 
petitions pending on October 13, 1982, be treated as having been newly 
submitted on that date. This was the case for Astragalus clarianus, 
Carex albida, Clarkia imbricata, Lilium pardalinum ssp. pitkinense, 
Plagiobothrys strictus, Poa napensis, Sidalcea oregana ssp. valida, and 
Trifolium amoenum because the 1975 Smithsonian report had been accepted 
as a petition. The Service found that the petitioned listing of those 
eight taxa was warranted but precluded by other higher priority listing 
actions. The finding was reviewed annually in October from 1983 through 
1993. Publication of this proposal constitutes the final finding for 
the petitioned action for these eight species.
Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act 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 Alopecurus aequalis Sobol. var. 
sonomensis Rubtzoff (Sonoma alopecurus), Astragalus clarianus Jepson 
(Clara Hunt's milkvetch), Carex albida Bailey (white sedge), Clarkia 
imbricata Lewis and Lewis (Vine Hill clarkia), Lilium pardalinum 
Kellogg. ssp. pitkinense (Beane and Vollmer) M. Skinner (Pitkin Marsh 
lily), Plagiobothrys strictus (Greene) I.M. Johnston (Calistoga 
allocarya), Poa napensis Beetle (Napa bluegrass), Sidalcea oregana 
(Nutt.) Gray ssp. valida (Greene) C.L. Hitchcock (Kenwood Marsh 
checkermallow), and Trifolium amoenum Greene (showy Indian clover) are 
as follows:

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

    Habitat destruction, including urbanization, land use changes, and 
alteration in hydrology of springs poses the most serious threat to the 
survival of most of these nine plant species.

Inland Species

    Astragalus clarianus is known currently from three populations in 
Napa County and one in Sonoma County (CNDDB 1993, CNPS 1989). The four 
populations face a variety of threats to their continued existence. 
Historically, one population in Napa County occupied a larger area but 
the creation of Lake Hennessey in the 1940s inundated much of the site 
(Lynn Lozier, pers. comm. 1993). The city of Napa owns the lake and 
uses Lake Hennessey as a water source for the town. Recently, the city 
of Napa conducted a feasibility study that considered raising the 
elevation of the dam as part of a project to increase water storage for 
the city. Such an elevation change would have raised the lake level, 
submerging the population of A. clarianus (Jake Ruygt, CNPS, in litt. 
1993). This increased water-storage project at Lake Hennessey has been 
determined by the city of Napa to be too costly (Don Ridenhour, Public 
Works Dept., city of Napa, pers comm. 1993). Any future water storage 
project that would involve increasing the height of the dam and raising 
the level of Lake Hennessey would constitute a threat to the population 
of A. clarianus due to its proximity to the lakeshore. In December 
1990, this remnant population was nearly destroyed when dredge spoils 
from the lake were placed on top of it (A. Howald, pers. comm. 1993). 
Eight plants of A. clarianus were counted at this site in 1991, 325 
plants in 1992, and 156 plants in 1993 (CDFG 1989; J. Ruygt, in litt. 
1993). The city of Napa, in cooperation with CDFG, removed most of the 
dredge spoils and fenced the 1 ha (2 ac) area, placing a gate in the 
fence for fishing access to the lake. Disturbance associated with 
dredge spoils removal resulted in proliferation of nonnative weeds that 
further threaten the site, as discussed below under Factor E. The 
fenced and gated area remains a favorite fishing access to the lake and 
receives significant use by the public (CDFG 1989). The city of Napa 
has repaired damage to the fence several times (A. Howald, pers. comm. 
1993).
    Another population of Astragalus clarianus exists in Bothe Napa 
Valley State Park. Plant numbers have ranged from 8 plants in 1988 to 
101 plants in 1993 on a 1 ha (2 ac) monitoring site (J. Ruygt, in litt. 
1993). The larger portion of the population of A. clarianus outside of 
the monitoring zone occurs sparsely on a 6 ha (15 ac) area. This area 
has been historically protected by placing brush piles next to a foot 
trail to divert people away from the population (Bill Grummer, Bothe 
Napa Valley State Park, California Dept. of Parks and Recreation, pers. 
comm. 1993). Although the general plan for the park indicates a 
campground to be placed over the larger portion of A. clarianus, the 
Service does not consider this plan as an imminent threat because of 
lack of funding and possible revisions to the park plan (B. Grummer, 
pers. comm. 1993). Although the campground development may be relocated 
away from the population of A. clarianus, the Service considers that 
increased recreational use from an additional campground in this park 
constitutes a potential threat.
    Another population of Astragalus clarianus occurs nearer to the 
city of Santa Rosa in eastern Sonoma County. This population, scattered 
over 6 ha (15 ac), is on privately owned land under a voluntary 
protection agreement with TNC. Upslope and adjacent to this population 
is the 454 ha (1,350 ac) approved subdivision, Saddle Mountain 
Development. Soil erosion from proposed road and pad construction for 
house lots potentially threatens this population of A. clarianus (J. 
Ruygt, in litt. 1993).
    Over 70 percent of the original habitat of Plagiobothrys strictus 
has been destroyed by urbanization and viticulture (CNPS 1990). The two 
remaining populations of P. strictus are threatened by urbanization 
(CNDDB 1994, CNPS 1990). One population site occurs at the Calistoga 
Airport. The construction of the airport fragmented and reduced this 
population to fewer than 100 plants. Further development at this site 
could potentially threaten this population (J. Ruygt, in litt. 1993). 
Another population of P. strictus is scattered over a 4 ha (10 ac) area 
of private land near Myrtledale Hot Springs. This population has been 
bisected by an asphalt road. The landowner has proposed to build a 
convalescent community on this site, but has been unsuccessful due to 
current zoning status (CDFG 1988; J. Ruygt, in litt. 1993). 

[[Page 39320]]

    Historically, the habitat of each of the two remaining populations 
of Poa napensis has been reduced by the development of health spas and 
resorts in the city of Calistoga and other construction activities at 
the Calistoga Airport (CNPS 1987). The remnant population of P. 
napensis at the Calistoga Airport was thought to be extirpated as a 
result of construction activities in 1981, because no plants were found 
that year. By 1987, however, 500 plants were counted at the airport 
location (CDFG 1979; J. Ruygt, in litt. 1993). Because Poa napensis and 
Plagiobothrys strictus co-occur at the Calistoga Airport and another 
site in the city of Calistoga, the threats from urbanization, including 
construction of a hospital, are similar for both species at these sites 
(CNPS 1987, 1990; J. Ruygt, in litt. 1993).

Coastal Species

    The single known population of Carex albida is located 
approximately 46 m (150 ft) from State Highway 116, which is a 
potential source of disturbance. Any change in hydrology of the area 
resulting from highway construction or maintenance or change in land 
use would adversely affect the population. Draining the wetland would 
not only directly impact the species, but would encourage the spread of 
blackberry (Rubus spp.). Invading blackberry vines have become dominant 
in other parts of Pitkin Marsh that have been drained (CNDDB 1993; B. 
Guggolz, in litt. 1993).
    A wastewater treatment project for the cities of Forestville and 
Graton, Sonoma County, is proposed to be built 0.3 km (0.2 mi) from the 
single extant population of Carex albida. Potential impacts from this 
project include application of recycled wastewater and temporary or 
permanent removal of wetlands, riparian vegetation, and special status 
plants and their habitats (Environmental Science Associates (ESA) 
1993). From 1,200 to 4,900 cubic m (1 to 4 ac-ft) of wastewater per 
year would be applied on approximately 14 to 27 ha (35 to 60 ac) of 
land. Although the population of C. albida would not be directly 
impacted, the application of this volume of wastewater could result in 
the alteration of the remaining habitat within the historical range of 
C. albida through modification of surface drainage patterns (ESA 1993). 
The historical ranges of Lilium pardalinum ssp. pitkinense and 
Alopecurus aequalis var. sonomensis also occur within the project 
boundaries.
    The type locality of Clarkia imbricata along the roadside at Pitkin 
Ranch was extirpated prior to 1974, as a probable result of changes in 
land use or roadside maintenance (B. Guggolz, in litt. 1993). Another 
population of C. imbricata in Sonoma County has been extirpated as a 
result of Christmas tree farming and weed control activities (B. 
Guggolz, in litt. 1993). The larger of the two extant populations of C. 
imbricata is threatened by changing land use such as agricultural land 
conversion (B. Guggolz, in litt. 1993).
    One population of Lilium pardalinum ssp. pitkinense was largely 
destroyed by urbanization in 1961; however, approximately 200 plants 
remain (CDFG 1993b; B. Guggolz, pers. comm. 1993). Although a 
subdivision is currently planned for the area surrounding a portion of 
this population, the landowner has agreed to place the L. pardalinum 
ssp. pitkinense habitat area in a conservation easement. The agreement 
between CDFG and the landowner places all sensitive natural resource 
areas in a conservation easement for long-term management, with CDFG as 
easement holder (A. Buckmann, CDFG, in litt. 1993). Wetland fills at 
Pitkin Marsh have lowered the water table and resulted in drier soil 
conditions, which has negatively affected L. pardalinum ssp. 
pitkinense. This change in habitat quality is considered an ongoing 
threat to the population at Pitkin Marsh, since there are only two 
plants remaining (CDFG 1993b).
    The two populations of Sidalcea oregana ssp. valida are threatened 
by permitted and apparently unauthorized water diversions from the 
unnamed stream that feeds Kenwood Marsh. In the past, unauthorized 
diversions have removed all water from the stream channel, eliminating 
one source of surface water to the marsh (A. Howald, pers. comm. 1993). 
Plant census data from 1991 indicate that the eastern subpopulation in 
Kenwood Marsh declined by approximately 40 percent and the western 
subpopulation declined by approximately 30 percent compared to 1989 and 
1990 data. These figures suggest that the Kenwood Marsh population may 
be experiencing a delayed response to a drought. The effects of the 
drought may be exacerbated by effects of increased surface water 
diversion and result in a further decline in the population (John 
Turner, CDFG, in litt. 1993).
    Trifolium amoenum has been extirpated from all of its 24 historical 
occurrences in 7 counties. Loss of this habitat resulted primarily from 
urbanization and land conversion to agriculture (Zoe Chandik, CNPS, in 
litt. 1993). The most recently discovered occurrence, found in 1993 in 
Sonoma County, consisted of one plant located on privately owned 
property that is currently for sale (CNDDB 1994). If this property is 
developed or altered, it may no longer contain suitable habitat for T. 
amoenum. In addition, the human population of Sonoma County is expected 
to grow by 21.4 percent by the year 2000 (California Department of 
Finance 1992), and any remaining T. amoenum habitat may be converted to 
urban use.

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

    One of the two populations of Lilium pardalinum ssp. pitkinense has 
been nearly extirpated by uncontrolled collection of plants, seeds, and 
bulbs for horticultural use. This species was abundant historically at 
the Pitkin Marsh site, but the removal of plants and bulbs for 
horticultural use has reduced this population to two plants (CDFG 
1993b). Similar activities at the remaining site, containing only 200 
plants, would result in the extinction of the species (B. Guggolz, 
pers. comm. 1993). Of the two remaining populations of Clarkia 
imbricata, one population is found in a preserve owned by the 
California Native Plant Society (CNPS). Although CNPS has attempted to 
discourage unauthorized collection by fencing the preserve and by not 
publicizing the exact location of the site, trespassers have damaged 
the fence, trampled the vegetation, and collected seed of C. imbricata 
on several occasions (B. Guggolz, in litt. 1993). Any occurrences of 
Trifolium amoenum that may be discovered in the future also may attract 
collectors of plants or seed because the species was previously 
considered to be extinct. Overutilization is currently not known to be 
a factor for the remaining six species, but unrestricted collecting for 
scientific or horticultural purposes or excessive visits by individuals 
interested in seeing rare plants could result from increased publicity 
as a result of this proposal.

C. Disease or Predation

    All five populations of Alopecurus aequalis var. sonomensis are 
grazed by cattle (CNDDB 1993), but only two populations in Sonoma 
County, containing a total of 50 plants, are currently threatened by 
cattle grazing (CNDDB 1993). One population on the Point Reyes National 
Seashore was fenced in 1987 to stop cattle from overgrazing (V. Norris, 
in litt. 1993). The species presently consists of only 200 known 
plants.
    Carex albida is currently not grazed, although cattle graze other 
portions of the parcel on which the species is 

[[Page 39321]]
located. A change in management of the site to allow grazing near C. 
albida may adversely affect the species (B. Guggolz, in litt. 1993). 
The associated trampling and disturbance of the wet soils would also be 
detrimental to the species (J. Mastrogiuseppe, Washington State Univ., 
pers. comm. 1993).
    Sidalcea oregana ssp. valida is adversely affected at both of its 
locations by trampling and reduced seed set resulting from cattle 
grazing (CNDDB 1993). Lilium pardalinum ssp. pitkinense has been 
enclosed with 2 m (6 ft) high wire fencing at both locations to prevent 
grazing by cattle, horses, and deer. In spite of this effort, the 
plants continue to suffer herbivory resulting in loss of flowers and 
seeds (L. Lozier, in litt. 1990).
    Trifolium amoenum may have disappeared from some of its former 
locations due to grazing (Connors 1994). This species is a large clover 
that blooms when many grassland plants have already turned brown, 
likely making it attractive to grazing herbivores. Most recent 
sightings of the plant were located outside of fences along roadsides, 
suggesting that the species survived for a period where it was 
protected from grazing (Connors 1994). Although no naturally occurring 
populations of this species are currently known, any populations that 
are subsequently discovered on pasture land may be subject to the same 
grazing pressure as historical populations.

D. The Inadequacy of Existing Regulatory Mechanisms

    The California Fish and Game Commission has listed Carex albida, 
Clarkia imbricata, Lilium pardalinum ssp. pitkinense, Poa napensis, and 
Sidalcea oregana ssp. valida as endangered species under the California 
Endangered Species Act (Division 3, Chapter 1.5 section 2050 et seq. of 
the California Fish and Game Code and Title 14 California Code of 
Regulations 670.2). The California Fish and Game Commission has also 
listed Astragalus clarianus and Plagiobothrys strictus as threatened 
species. Listing by the State of California requires individuals to 
obtain a memorandum of understanding with CDFG to possess or ``take'' a 
listed species. Although the ``take'' of State-listed plants is 
prohibited (California Native Plant Protection Act, Division 2, Chapter 
10, section 1908 and California Endangered Species Act, Division 3, 
Chapter 1.5, section 2080), State law exempts the taking of such plants 
via habitat modification or land use changes by the owner. After CDFG 
notifies a landowner that a State-listed plant grows on his or her 
property, State law only requires that the landowner notify the agency 
``at least 10 days in advance of changing the land use to allow salvage 
of such a plant'' (Native Plant Protection Act, Division 2, Chapter 10, 
section 1913).
    The California Environmental Quality Act (CEQA) requires a full 
disclosure of the potential environmental impacts of proposed projects. 
The public agency with primary authority or jurisdiction over the 
project is designated as the lead agency, and is responsible for 
conducting a review of the project and consulting with the other 
agencies concerned with the resources affected by the project. Section 
15065 of the CEQA Guidelines requires a finding of significance if a 
project has the potential to ``reduce the number or restrict the range 
of a rare or endangered plant or animal.'' Species that are eligible 
for State listing as rare, threatened, or endangered, but are not so 
listed, are given the same protection as those species that are 
officially listed with the State or Federal governments. Once 
significant effects are identified, the lead agency has the option to 
require mitigation for effects through changes in the project or to 
decide that overriding considerations make mitigation infeasible. In 
the latter case, projects may be approved that cause significant 
environmental damage, such as destruction of endangered species. 
Protection of listed species through CEQA is, therefore, dependent upon 
the discretion of the agency involved.
    Hot spring areas and perennial freshwater emergent marshes are 
generally small and scattered, and treated as isolated wetlands or 
waters of the United States for regulatory purposes by the U.S. Army 
Corps of Engineers (Corps) under section 404 of the Clean Water Act. 
However, this law by itself does not protect Alopecurus aequalis var. 
sonomensis, Carex albida, Lilium pardalinum ssp. pitkinense, Poa 
napensis, Plagiobothrys strictus, Sidalcea oregana ssp. valida, and 
Trifolium amoenum. Nationwide Permit No. 26 (33 CFR part 330 Appendix B 
(26)) was established by the Corps to facilitate issuance of permits 
for discharge of fill into wetlands up to 4 ha (10 ac). For project 
proposals falling under Nationwide Permit 26, the Corps has been 
reluctant to withhold authorization unless a listed threatened or 
endangered species is known to be present, regardless of the 
significance of other wetland resources. Section 404 regulations 
require an applicant to obtain an individual permit to fill isolated 
wetlands or waters greater than 4 ha (10 ac). In either case, candidate 
species receive no special consideration. Additionally and equally 
important, the upland watersheds that contribute significantly to the 
hydrology of marshes are not provided any direct protection under 
section 404. Disturbance to or loss of seep or marsh habitat and 
alteration of hydrology have damaged populations and habitat as 
discussed previously under Factor A. Reductions in water volume or 
inundation of the sites have the potential to adversely affect the 
seven plant taxa listed above. Thus, as a consequence of the small size 
of these marsh, meadow, and hot spring areas and lack of protection of 
associated uplands, these types of habitats receive insufficient 
protection under section 404 of the Clean Water Act.
    The Sonoma County Department of Planning has designated Pitkin, 
Cunningham, and Kenwood Marshes as ``critical habitat'' (Sonoma County 
1989). The streams within these marshes are designated as ``riparian 
corridors.'' It is not likely that these designations will adequately 
protect the species involved. County policies for ``critical habitat'' 
designation include 15 m (50 ft) setbacks of construction from wetland 
boundaries and preparation of biotic resource assessments for 
development of mitigation measures, if the planning director determines 
that a ``critical habitat'' area will be impacted (Sonoma County 1989). 
A setback may be waived, however, if the setback is determined to make 
the parcel unsuitable for construction. The single population of Carex 
albida and the larger population of Lilium pardalinum ssp. pitkinense 
occur within 15 m (50 ft) of streams in Sonoma County (CNDDB 1993). The 
Sonoma County policy for ``riparian corridors'' allows the removal of 
riparian vegetation as part of a pest management program administered 
by the County Agricultural Commissioner, as well as construction of 
roads and summer dams (Sonoma County 1989). In addition, agricultural 
projects that may involve removal of native vegetation, including the 
proposed species or alteration of their habitats, are considered in 
Sonoma County to be ``ministerial'' (K. Ellison, Sonoma County 
Department of Planning, pers. comm. 1993). Ministerial projects are 
those projects that the public agency must approve after the applicant 
shows compliance with certain legal requirements. They may be approved 
or carried out without undertaking CEQA review.
    Only a few measures have been taken to protect some of the species 
in this proposed rule. In 1989, the landowners of the two confirmed 
populations of Lilium pardalinum ssp. pitkinense 

[[Page 39322]]
entered into voluntary protection agreements with TNC (CDFG 1993b). 
Since that time, TNC and the California Conservation Corps have jointly 
built and maintained cattle exclosures in an attempt to protect the 
plants at both sites. Some plants, however, continue to suffer 
herbivory from livestock and wildlife, resulting in loss of flowers and 
seeds (L. Lozier, in litt. 1990). A Memorandum of Understanding is 
currently in effect between CDFG and the Berry Botanic Garden, 
Portland, Oregon, for research on germination and recovery of this 
species (CDFG 1993b). Additionally, TNC obtained a voluntary agreement 
in 1990 with private landowners to protect one population of Astragalus 
clarianus. CDFG is proposing to purchase approximately 37 ha (90 ac) of 
the Kenwood Marsh as an ecological preserve (A. Howald, pers. comm. 
1993). The date for acquisition of the preserve, however, is dependent 
on cooperation with the current landowners. The owner of one parcel, 
which contains approximately one half of the Kenwood population, has 
declined to sell her property to the State (N. Wilcox, pers. comm. 
1994). Purchase of the land as a preserve would prevent grazing on the 
site and would allow direct management of the plant population with 
possible opportunities to expand the population (A. Howald, pers. comm. 
1993). The preserve would be comprised of only a small portion of the 
watershed, however, limiting the protection that the preserve could 
afford to the hydrology of the marsh (N. Wilcox, pers. comm. 1994). TNC 
also has entered into a verbal conservation agreement with a landowner 
for the protection of one of the two populations of Clarkia imbricata. 
However, this larger population of C. imbricata was mowed before seed 
set in 1989 and 1991, reducing the seed production and number of plants 
in the years following mowing (B. Guggolz, in litt. 1993).
    Seed from cultivated Trifolium amoenum plants is currently being 
collected for future reintroduction efforts (P. Conners, pers. comm. 
1994). In addition, half of the seed that was recovered from the single 
plant in 1993 was deposited for long-term storage at the U.S. 
Department of Agriculture National Seed Storage Laboratory in Fort 
Collins, Colorado (Conners 1994).
    Although Point Reyes National Seashore (Seashore) is part of the 
National Park system, 17 cattle and dairy ranches are contained within 
the Seashore boundaries. Grazing and ranching, which have occurred on 
the peninsula for more than a century, have been determined to be 
``consistent with the purpose for which the Seashore was authorized'' 
(Clark and Fellers 1987). Fowler and Fellers (1985) state that grazing 
has been a serious threat to Alopecurus aequalis var. sonomensis 
occurrences located on the Seashore.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

    Alopecurus aequalis var. sonomensis suffers from competition from 
aggressive emergent wetland species, including rushes (Juncus spp.) and 
sedges (Cyperus spp.) at one location. These wetland plants have nearly 
extirpated A. aequalis var. sonomensis from that site (V. Norris, in 
litt. 1993; CNDDB 1993). Additionally, A. aequalis var. sonomensis is 
not readily propagated. Two attempts to reintroduce the species from 
seed to suitable habitat within its range have failed. Naturally 
occurring floods also may be an ongoing threat. One reintroduction 
failed due to a flash flood in 1993 (V. Norris, pers. comm. 1993).
    The population of Astragalus clarianus located on the north shore 
of Lake Hennessey has an infestation of an aggressive and dominating 
nonnative weed, yellow star-thistle (Centaurea solstitialis). This 
nonnative weed infestation was a direct result of ground disturbance 
associated with the removal of dredge spoils that were placed on top of 
this population as discussed under Factor A (A. Howald, pers. comm. 
1993). Competition from this nonnative annual weed is also considered a 
threat to the population of A. clarianus at the Bothe Napa Valley State 
Park (J. Ruygt, in litt. 1993). A proposed application to build two 
small agricultural water storage reservoirs along a creek in Napa 
County would avoid direct impacts to another population of A. 
clarianus, but ground disturbance would most likely introduce this same 
nonnative aggressive weed (A. Howald, pers. comm. 1993). Establishment 
of yellow star-thistle from this proposed activity is considered a 
threat to this population.
    Plant succession may be excluding or reducing the population of 
Astragalus clarianus at one site (J. Ruygt, in litt. 1993) where A. 
clarianus grows sparingly in the interspaces of the developing 
manzanita plant community. As new manzanita seedlings emerge and grow 
and the existing plants grow larger, less and less interspace between 
plants is available for A. clarianus. Fire suppression has reduced fire 
occurrences in the manzanita community. Periodic fire is needed to 
reduce manzanita cover and create interspaces for this plant. This 
species, therefore, is vulnerable to habitat loss from advancing plant 
succession. Another population of A. clarianus is threatened by 
competition from French broom (Genista monospessulana), a nonnative 
aggressive shrub (CNDDB 1993).
    The potential for loss of the Kenwood Marsh population of Sidalcea 
oregana ssp. valida from stochastic events, because of the small 
population size, is exacerbated by drought and water diversions. In 
addition, this population is being encroached upon by aggressive weeds, 
including yellow star-thistle and blackberry (Rubus spp.) (A. Howald, 
pers. comm. 1993). One of the Kenwood Marsh subpopulations was driven 
over by Sonoma County personnel during maintenance of the Sonoma 
Aqueduct, which passes through Kenwood Marsh. The maintenance activity 
occurred late in the season when the soil was relatively dry, resulting 
in minimal damage to the plants. If maintenance activities occur during 
a time when the soil is saturated, they pose a threat to the plants (A. 
Howald, pers. comm. 1993).
    Because it is unlikely that Lilium pardalinum ssp. pitkinense is 
self-pollinating, single plants or widely separated plants in sparse 
populations may not set viable seed (Mark Skinner, CNPS, pers. comm. 
1993). The two remaining plants at Pitkin Marsh are monitored closely 
by CNPS volunteers and have not been observed to have set seed for 
several years (M. Skinner, pers. comm. 1993). Much of Pitkin Marsh has 
been invaded by blackberry vines that compete with L. pardalinum ssp. 
pitkinense for space, light, and nutrients (CDFG 1993b).
    Grass mowing, vehicle traffic, and parking have impacted and 
continue to threaten one population of Poa napensis at the Calistoga 
Airport site (CNPS 1990; Robert Soreng, Cornell Univ., in litt. 1993). 
Grass mowing is done at regular intervals through the spring and summer 
growing season to reduce fire and aircraft safety hazards. The airport 
is used by a spray plane service, recreational gliders, and associated 
tow planes. The service vehicles for the planes and private vehicle 
traffic of the customers impact this population of P. napensis, 
especially during the spring and summer when airport use increases.
    The extirpation of all historical populations of Trifolium amoenum 
may have partially been a result of competition with weedy, nonnative 
plant species. A recent germination study of other Trifolium species 
from historical T. amoenum habitat in Sonoma County suggested that some 
annual Trifolium species germinate in late November, well after many 
introduced species, including redstem storkbill (Erodium cicutarium), 
ripgut 

[[Page 39323]]
brome (Bromus diandrus), and California burclover (Medicago polymorpha) 
(Connors 1994). By germinating and growing earlier, it is likely that 
nonnative species have reduced the numbers of T. amoenum plants by 
occupying available space (Connors 1994).
    Small numbers of populations and small population size threaten 
most of the plants proposed herein. There are 5 populations of 
Alopecurus aequalis var. sonomensis with a total of 200 plants. There 
are 2 populations of Lilium pardalinum ssp. pitkinense with a total of 
200 plants. There are 2 populations of Sidalcea oregana ssp. valida 
with fewer than 100 plants. These three species may be subject to 
increased genetic drift and inbreeding as a consequence of their small 
population sizes (Menges 1991, Ellstrand and Elam 1993). The increased 
homozygosity results in a loss of genetic fitness (Ellstrand and Elam 
1993). The reduction in genetic fitness affords less chance of any 
species to successfully adapt to any environmental changes. The very 
small numbers make them extremely vulnerable to extirpation from 
stochastic events.
    In addition to the 3 species listed above, there are only 4 
populations of Astragalus clarianus with fewer than 2,000 plants; 1 
population of Carex albida with 800 to 1,000 plants; 2 populations of 
Clarkia imbricata with fewer than 6,000 plants; 3 populations of 
Plagiobothrys strictus with fewer than 10,000 plants; and 3 populations 
of Poa napensis with fewer than 1,000 plants. Fewer than 18 Trifolium 
amoenum plants exist in cultivation. The combination of a few small 
populations, very narrow range, and restricted habitat makes these nine 
species susceptible to destruction of all or a significant portion of 
any population from random natural events, such as flood, drought, 
disease, or other natural occurrences (Shaffer 1981, Primack 1993). 
Such events are not usually a concern until the number of individuals 
or geographic distribution become as limited as is the case with the 
species discussed herein. Once a plant population is reduced due to 
habitat destruction and fragmentation, the remnant population has a 
higher probability of extinction from random events. Thus, all nine 
taxa are threatened by potential loss of genetic fitness associated 
with their small populations or damage and destruction by random 
natural events across the entire range of each taxon.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to propose this 
rule. Cattle grazing or competition with aggressive plant species 
threatens 3 of the 5 remaining populations of Alopecurus aequalis var. 
sonomensis, totalling approximately 200 plants. Efforts to reintroduce 
this species to sites within its range have failed. Alopecurus aequalis 
var. sonomensis is susceptible to extinction due to small numbers of 
populations and individuals and is threatened by inadequate regulatory 
mechanisms. If combined, all four populations of Astragalus clarianus 
could fit into a 0.5 ha (1 ac) area and are threatened variously by a 
potential water storage project, a potential subdivision, competition 
from nonnative plant species, recreational activities, airport 
maintenance, inadequate regulatory mechanisms, stochastic events, and 
elimination through plant community succession. The single Carex albida 
population, totaling approximately 800 to 1,000 plants, is located 46 m 
(150 ft) from a State highway and is threatened by potential changes in 
the site's hydrology resulting from wetland drainage or fill, 
competition from aggressive plant species, changes in land management 
by the owner, highway construction or maintenance, potential 
disturbance from a proposed wastewater treatment project, inadequate 
regulatory mechanisms, and stochastic events. The two remaining 
populations of Clarkia imbricata are threatened by changing land use, 
unauthorized collection, inadequate regulatory mechanisms, and 
stochastic events. The 2 remaining populations of Lilium pardalinum 
ssp. pitkinense, totalling approximately 200 plants, suffer from 
uncontrolled collection of plants, seeds, and bulbs for horticultural 
use, and by grazing. One population is potentially threatened by a 
proposed wastewater treatment project; the other population is 
potentially threatened by a proposed subdivision. Lilium pardalinum 
ssp. pitkinense also is threatened by nature of its small populations, 
stochastic events, and inadequate regulatory mechanisms. If combined, 
the remaining populations of Plagiobothrys strictus and Poa napensis 
would occupy an area of less than 0.5 ha (1 ac) each and are surrounded 
by hot springs resorts or housing. Plagiobothrys strictus and Poa 
napensis co-occur at two sites and both species are threatened by 
airport activities, including traffic and vehicle parking on the 
plants, grass mowing, and potential development of remnant habitat, 
including the construction of a hospital at this site. Additionally, 
all populations of the two species are threatened by potential 
alteration of hot springs hydrology, stochastic events, and inadequate 
regulatory mechanisms. The two populations of Sidalcea oregana ssp. 
valida are threatened by trampling and reduced seed set resulting from 
cattle grazing, aqueduct maintenance, competition from nonnative plant 
species, potential loss of normal hydrology from urbanization, 
inadequate regulatory mechanisms, and stochastic events and reduced 
genetic fitness because of the small number of individuals and 
populations.
    Trifolium amoenum has been extirpated from all 24 historical 
occurrences in 7 counties; the species currently exists as 18 plants in 
cultivation. This species is threatened by stochastic events due to the 
small number of plants, competition with aggressive plant species, loss 
of habitat from urbanization, livestock grazing, and inadequate 
regulatory mechanisms.
    These nine species are imminently threatened by extinction 
throughout all or a significant portion of their range by the factors 
summarized above and therefore meet the definition of endangered in the 
Act. Based on this evaluation, the preferred action is to list 
Alopecurus aequalis var. sonomensis, Astragalus clarianus, Carex 
albida, Clarkia imbricata, Lilium pardalinum ssp. pitkinense, 
Plagiobothrys strictus, Poa napensis, Sidalcea oregana ssp. valida, and 
Trifolium amoenum as endangered.
Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
consideration or protection and; (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not 

[[Page 39324]]
prudent for these nine plant taxa 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 threat to the species, or (2) such designation of critical 
habitat would not be beneficial to the species.
    As required for proposals to designate critical habitat, the 
publication of maps and the precise locations of involved plant 
populations could contribute to the further decline of the nine taxa 
proposed herein and increase enforcement problems, particularly in the 
case of Lilium pardalinum ssp. pitkinense. This taxon, which is 
threatened primarily by uncontrolled collection for horticultural use, 
is especially at risk from additional publicity. Two of the three 
privately owned populations of Alopecurus aequalis var. sonomensis are 
found in close proximity to L. pardalinum ssp. pitkinense. Although A. 
aequalis var. sonomensis is not collected for horticultural use, any 
increase in publicity of A. aequalis var. sonomensis could lead to 
collection or destruction of that species, as well as increased 
collection of L. pardalinum ssp. pitkinense. One of the two populations 
of Clarkia imbricata in a preserve owned by the California Native Plant 
Society has experienced unauthorized collection, despite a deliberate 
decision not to publicize the preserve's exact location. Thus, the 
Service finds that designation of critical habitat for Alopecurus 
aequalis var. sonomensis, Clarkia imbricata, and Lilium pardalinum ssp. 
pitkinense is not prudent because of potential vandalism and 
uncontrolled collection for horticultural use. No Trifolium amoenum 
plants are currently known to exist in the wild, but designation of 
critical habitat could encourage vandalism and preclude recovery 
efforts for the species.
    The single Carex albida population and a portion of one of the two 
populations of Sidalcea oregana ssp. valida are adjacent to State 
highways. Any specific locality information could subject these species 
to activities that would jeopardize their survival. Thus, the Service 
finds that designation of critical habitat is not prudent for Carex 
albida and Sidalcea oregana ssp. valida because of potential vandalism.
    Because Astragalus clarianus, Plagiobothrys strictus, and Poa 
napensis have very specific known habitat requirements and occur at 
very few locations in or near cities, any activity that would adversely 
modify habitat or destroy plants would likely jeopardize the continued 
existence of each of these species. Therefore, the Service finds that 
designation of critical habitat is not prudent for Astragalus 
clarianus, Plagiobothrys strictus, and Poa napensis because it would 
not provide additional benefit beyond that provided by listing for the 
conservation of the species.
    Additionally, publicity that might result in public trespass on 
privately owned sites by individuals seeking the plants could reduce 
the landowners' willingness to cooperate with public or private 
agencies in their protection efforts for the involved taxa (B. Guggolz, 
pers. comm. 1993). Designation would provide no additional benefit to 
any of these nine species beyond the benefit received by virtue of 
their designation as endangered species. Protection of these nine 
species will be addressed through the recovery process and through the 
section 7 consultation process.

Available Conservation Measures
    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain practices. Recognition through listing results in 
public awareness and conservation actions by Federal, State, and local 
agencies, private organizations, and individuals. The Act provides for 
possible land acquisition and cooperation with the State and requires 
that recovery plans be developed for all listed species. The protection 
required of Federal agencies and the prohibitions against certain 
activities involving listed plants are discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
part 402. Section 7(a)(4) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the species or 
destroy or adversely modify its critical habitat. If a Federal action 
may affect a listed species or its critical habitat, the responsible 
Federal agency must enter into formal consultation with the Service.
    All nine plant species may be affected by Federal mortgage 
programs, including those managed by the Veterans Administration and 
the U.S. Department of Housing and Urban Development (Federal Home 
Administration loans). Since six of the nine taxa proposed herein exist 
in or near marshes, meadows, perennial streams, or thermal hot springs, 
the Corps may become involved in regulating fill of these wetland areas 
through jurisdiction of section 404 of the Clean Water Act (33 U.S.C. 
1344 et seq.). The plants may also be affected by road and highway 
construction by the Federal Highway Administration. The National Park 
Service may become involved through section 7 consultation because of 
potential grazing impacts to Alopecurus aequalis var. sonomensis at 
Point Reyes National Seashore (Seashore). The Seashore has twice 
attempted to reintroduce A. aequalis var. sonomensis using seed 
collected within the Seashore. In 1987, the Seashore erected a cattle 
exclosure fence to protect this species from grazing (V. Norris, in 
litt. 1993).
    Listing Alopecurus aequalis var. sonomensis, Astragalus clarianus, 
Carex albida, Clarkia imbricata, Lilium pardalinum ssp. pitkinense, 
Plagiobothrys strictus, Poa napensis, Sidalcea oregana ssp. valida, and 
Trifolium amoenum would provide for development of a recovery plan (or 
plans) for them. Such plan(s) would bring together both State and 
Federal efforts for conservation of the plants. The plan(s) would 
establish a framework for agencies to coordinate activities and 
cooperate with each other in conservation efforts. The plan(s) would 
set recovery priorities and estimate costs of various tasks necessary 
to accomplish them. It also would describe site-specific management 
actions necessary to achieve conservation and survival of the nine 
plant species. Additionally, pursuant to section 6 of the Act, the 
Service would be more likely to grant funds to affected states for 
management actions promoting the protection and recovery of these 
species.
    The Act and its implementing regulations 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 

[[Page 39325]]
illegal for any person subject to the jurisdiction of the United States 
to import or export, transport in interstate or foreign commerce in the 
course of a commercial activity, sell or offer for sale in interstate 
or foreign commerce, or remove and reduce the species to possession 
from areas under Federal jurisdiction. In addition, for plants listed 
as endangered, the Act prohibits the malicious damage or destruction of 
any such species on areas under Federal jurisdiction and the removal, 
cutting, digging up, or damaging or destroying of such plant species in 
knowing violation of any State law or regulation, including State 
criminal trespass law. Certain exceptions to the prohibitions apply to 
agents of the Service and State conservation agencies.
    The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of 
permits to carry out otherwise prohibited activities involving 
endangered plant species under certain circumstances. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species. The Service anticipates that few permits would 
ever be sought or issued for eight of the species because they are not 
common in cultivation or in the wild. Lilium pardalinum ssp. 
pitkinense, however, is collected for horticultural use.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of the 
listing of the nine plant species on proposed and ongoing activities 
within the species' range. The Service believes that activities such as 
landscape maintenance, clearing vegetation for firebreaks, and 
livestock grazing on privately owned lands, not under Federal funding 
or authorization, would not be considered a violation of section 9 of 
the Act. Questions regarding whether specific activities would 
constitute a violation of section 9 should be directed to the Field 
Supervisor of the Service's Sacramento Field Office (see ADDRESSES 
section). Requests for copies of the regulations regarding listed 
plants and inquiries about prohibitions and permits may be addressed to 
the U.S. Fish and Wildlife Service, Ecological Services, Endangered 
Species Permits, 911 NE 11th Ave., Portland, Oregon 97232-4181 (phone 
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 Alopecurus aequalis var. 
sonomensis, Astragalus clarianus, Carex albida, Clarkia imbricata, 
Lilium pardalinum ssp. pitkinense, Plagiobothrys strictus, Poa 
napensis, Sidalcea oregana ssp. valida, and Trifolium amoenum;
    (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 pursuant to 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 regulations on these species will take into 
consideration the comments and any additional information received by 
the Service, and such communications may lead to a final regulation 
that differs from this proposal.
    The Endangered Species Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received by September 
25, 1995. Such requests must be made in writing and addressed to the 
Field Supervisor, Sacramento 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 is available upon 
request from the Field Supervisor, Sacramento Field Office (see 
ADDRESSES section).

Authors

    The primary authors of this proposed rule are Elizabeth Warne and 
Kenneth Fuller, Sacramento Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. Section 17.12(h) is amended by adding the following, in 
alphabetical order under 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                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Alopecurus aequalis   Sonoma alopecurus.......  U.S.A. (CA).............  Poaceae................  E           ...........           NA           NA
     var. sonomensis.                                                                                                                                   
                                                                                                                                                        
 
[[Page 39326]]
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Astragalus clarianus  Clara Hunt's milkvetch..  U.S.A. (CA).............  Fabaceae...............  E           ...........           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Carex albida........  White sedge.............  U.S.A. (CA).............  Cyperaceae.............  E           ...........           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Clarkia imbricata...  Vine Hill clarkia.......  U.S.A. (CA).............  Onagraceae.............  E           ...........           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Lilium pardalinum     Pitkin Marsh lily.......  U.S.A. (CA).............  Liliaceae..............  E           ...........           NA           NA
     ssp. pitkinense.                                                                                                                                   
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Plagiobothrys         Calistoga allocarya.....  U.S.A. (CA).............  Boraginaceae...........  E           ...........           NA           NA
     strictus.                                                                                                                                          
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Poa napensis........  Napa bluegrass..........  U.S.A. (CA).............  Poaceae................  E           ...........           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Sidalcea oregana      Kenwood Marsh             U.S.A. (CA).............  Malvaceae..............  E           ...........           NA           NA
     ssp. valida.          checkermallow.                                                                                                               
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Trifolium amoenum...  Showy Indian clover.....  U.S.A. (CA).............  Fabaceae...............  E           ...........           NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: July 5, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-18812 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-55-P