[Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
[Proposed Rules]
[Pages 39337-39347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18975]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AD34
Endangered and Threatened Wildlife and Plants; Proposed
Endangered or Threatened Status for Seven Plants From the Mountains of
Southern California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list two
plants as endangered under the Endangered Species Act of 1973, as
amended (Act): Poa atropurpurea (San Bernardino bluegrass) and
Taraxacum californicum (California dandelion). The Service also
proposes to list five plants as threatened: Arabis johnstonii
(Johnston's rock-cress), Arenaria ursina (Bear Valley sandwort),
Castilleja cinerea (ash-grey Indian paintbrush), Eriogonum kennedyi
var. austromontanum (southern mountain wild buckwheat), and Trichostema
austromontanum ssp. compactum (Hidden Lake bluecurls).
These species are restricted to the Transverse and Peninsular
Ranges of southern California, primarily the San Bernardino and San
Jacinto mountains. Arenaria ursina, Castilleja cinerea, and Eriogonum
kennedyi var. austromontanum occur primarily on pebble plains that are
relatively open areas with clay soils. Poa atropurpurea and Taraxacum
californicum are found in mountain meadows. The only known population
of Trichostema austromontanum ssp. compactum is associated with an
ephemeral pond. Arabis johnstonii is found in forest and chaparral
habitats. These seven taxa are threatened by one or more of the
following: urbanization, habitat degradation by domestic animals,
grazing, competition from introduced weeds, off-road vehicle (ORV) use,
trampling, recreational development, alteration of the hydrologic
regime, overcollection, and genetic absorption with exotic species. Poa
atropurpurea,
[[Page 39338]]
T. californicum, and T. austromontanum ssp. compactum are also
threatened by stochastic extinction due to their small population sizes
and limited distributions. This proposed rule, if made final, would
extend protection under the Act to these species.
DATES: Comments from all interested parties must be received by October
9, 1995. Public hearing requests must be received by September 25,
1995.
ADDRESSES: Comments and materials concerning this proposal should be
submitted to the Field Supervisor, U.S. Fish and Wildlife Service,
Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California
92008. Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at
the above address (619/431-9440).
SUPPLEMENTARY INFORMATION:
Background
Arabis johnstonii (Johnston's rock-cress) is a herbaceous perennial
in the mustard family (Brassicaceae), with leaves in a basal rosette
from which the flowering stem arises. The leaves, which range from 1 to
2 centimeters (cm) (0.4 to 0.8 inches (in.)) long and 1.5 to 3.5
millimeters (mm) (0.06 to 0.14 in.) wide, are narrowly spatulate to
oblanceolate, entire, and densely pubescent with fine dendritic
(branched) hairs. This species blooms from February to June. It has
purple flowers with four petals, 8 to 10 mm (0.32 to 0.4 in.) long. The
fruit is a hairless, narrow silique (a linear, many-seeded pod), 3 to 5
cm (1.2 to 2 in.) long and 2 to 3 mm (0.08 to 0.12 in.) wide. Arabis
johnstonii was first collected in 1922 by Philip A. Munz and I. M.
Johnston at Kenworthy, San Jacinto Mountains, Riverside County and
described by Munz (1932). A. johnstonii is readily distinguishable from
all other Arabis species in its range by the size and shape of its
petals, siliques, and basal leaves (Berg and Krantz 1982).
Arabis johnstonii is found in chaparral and pine forest habitats
from 1,400 to 2,150 meters (m) (4,500 to 7,050 feet (ft)) in the
southern San Jacinto Mountains. Two distinct population centers are
known; one in the vicinity of Garner Valley and the other approximately
6.5 kilometers (km) (4 miles (mi)) east of Garner Valley along the
Desert Divide. This species occurs on U.S. Forest Service and private
land. Beginning around the late 1800's, habitat loss and degradation
began as a result of urbanization and cattle trampling in the Garner
Valley, and the construction of the Desert Divide trail. Urban and
recreational pressures have substantially affected the species over the
past 30 years.
Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (ash-
grey Indian paintbrush), and Eriogonum kennedyi var. austromontanum
(southern mountain wild buckwheat) are perennial plants that occur
predominantly on pebble plains in the San Bernardino Mountains of San
Bernardino County. These plains are sparsely vegetated openings in the
surrounding forest with clay soils supporting a uniquely adapted
assemblage of plant species. Pebble plain habitat is found between
1,800 and 2,300 m (6,000 and 7,500 ft) in elevation, and occurs only
within a 240 square km (92 square mile (sq mi)) area in the San
Bernardino Mountains (Derby and Wilson 1978, Derby 1979, Krantz 1981a,
Neel and Barrows 1990). Due to the unique combination of edaphic and
climatic factors, pebble plains contain numerous plant species that are
either endemic to the San Bernardino Mountains, or represent disjunct
occurrences of species more common elsewhere.
Arenaria ursina is a low-lying perennial herb in the pink family
(Caryophyllaceae) with many stems from 6 to 15 cm (2 to 6 in.) long. It
has small, white, five-parted flowers with petals 4 to 5 mm (0.16 to
0.2 in.) long and nerveless sepals 3 to 4 mm (0.12 to 0.16 in.) in
length with broad papery margins. This species blooms from May to
August. A. ursina was first collected by S. B. Parish at Bear Valley in
the San Bernardino Mountains in 1882, and described by B. L. Robinson
(1894). It was subsequently reduced to a variety of A. capillaris by A.
Gray (1897). B. Maguire (1951) returned the plant to species status. A.
ursina is readily distinguished from other Arenaria species within its
range by its sharp-pointed leaves, glandular-hairy stems, and sepals
that are obtuse or rounded (Neel and Barrows 1990, Hickman 1993).
Seven populations of Arenaria ursina are known from pebble plain
habitat in the vicinity of Big Bear and Baldwin Lakes, including
Holcomb Valley, Sugarloaf Mountain, and Onyx Ridge (Krantz 1981a, Neel
and Barrows 1990). Some of these populations occur on land owned by the
California Department of Fish and Game (CDFG) and by private
landowners. Most of the extant populations occur on Forest Service land
and range from 1,800 to 2,900 m (6,000 to 9,500 ft) in elevation
(Griggs 1979, Krantz 1981a, Neel and Barrows 1990). Habitat loss for
this species began in the 1880's with the construction of the Big Bear
Lake reservoir in the San Bernardino Mountains in an area that likely
contained extensive meadows and pebble plains. Over the past 100 years,
cattle trampling, mining, timber harvest, off-road vehicle use,
fuelwood harvesting, campground and ski area development, and
urbanization have affected the habitat of this species.
Castilleja cinerea is a semi-parasitic perennial plant in the
snapdragon family (Scrophulariaceae), with few to many ascending to
decumbent stems, 1 to 2 decimeters (dm) (4 to 8 in.) tall, sprouting
from a woody root-crown. The short grayish leaves are from 1 to 2 cm
(0.4 to 0.8 in.) long and are covered with whitish hairs. The
inflorescence is a greenish yellow spike, tinged with red or purplish,
and with distinctive yellowish hairs on the lower bracts. It flowers
primarily in June and July. C. cinerea was described by Gray (1883)
based on specimens collected by S. B. and W. F. Parish at Bear Valley
in 1882. C. cinerea is easily distinguished from other species of
Castilleja within its range by its yellow spike and calyx lobes of
equal length (Neel and Barrows 1990).
Castilleja cinerea is known from fewer than 20 localities at the
eastern end of the San Bernardino Mountains. The range of this taxon
extends from Snow Valley and Fish Camp eastward to Onyx Peak, a
distance of about 24 km (15 mi), and from South Fork Meadows northward
to Holcomb Valley, a distance of about 19 km (12 mi) (Heckard 1980,
Neel and Barrows 1990). Although most populations occur on pebble
plains, C. cinerea is not strictly endemic to pebble plains. This
species is also found near the Snow Valley Ski Area and along Sugarloaf
Ridge in pine forest habitats. C. cinerea is known to occur on CDFG
land, and Forest Service land, including land that is leased for
vacation homes and a ski area. Habitat loss for this species began in
the 1880's with the construction of the Big Bear Lake reservoir in the
San Bernardino Mountains in an area that likely contained extensive
meadows and pebble plains. Cattle trampling, mining, timber harvest,
off-road vehicle use, fuelwood harvesting, campground and ski area
development, and urbanization have affected habitat for this species.
Eriogonum kennedyi var. austromontanum is a low, branched perennial
8 to 15 dm (31 to 59 in.) high, in the buckwheat family (Polygonaceae).
This species blooms from July through September, and forms loose leafy
mats with oblanceolate leaves from 6 to 12
[[Page 39339]]
mm (0.2 to 0.5 in.) long. The type specimen, collected in 1920 by R. D.
Harwood, is from Bear Valley in the San Bernardino Mountains. E. k.
var. austromontanum was originally described by Munz and Johnston
(1924). Though later treated as a subspecies by Stokes (1936), this
designation is not generally accepted (Munz and Reveal 1968, Hickman
1993). This taxon is similar in appearance to E. k. var. kennedyi
(Kennedy's buckwheat) (Munz and Reveal 1968). Although the two taxa are
very similar in morphology and habitat characteristics, E. k. var.
kennedyi can usually be distinguished by its smaller leaves, 2 to 4 mm
(0.08 to 0.16 in.) long, and achenes, 2 mm (0.08 in.) long (Reveal
1979). Another species that could potentially be confused with E. k.
var. austromontanum is E. wrightii ssp. subscaposum, which has a
branched inflorescence and is found in yellow pine forest (Neel and
Barrows 1990).
Eriogonum kennedyi var. austromontanum is known from six
populations in the San Bernardino Mountains, primarily in the Bear
Valley and Baldwin Lake areas (Krantz 1981a, Neel and Barrows 1990). E.
k. var. austromontanum is known to occur on Forest Service, CDFG, and
private land. The construction of the Big Bear Lake reservoir in the
1880's began habitat loss for this species. This area in the San
Bernardino Mountains likely contained extensive meadows and pebble
plains. Since then, cattle trampling, mining, timber harvest, off-road
vehicle use, fuelwood harvesting, campground and ski area development,
and urbanization have continued to affect habitat of this species.
Poa atropurpurea is a perennial in the grass family (Poaceae) with
creeping rhizomes and erect stems from 3 to 4.5 dm (12 to 18 in.) high.
The inflorescence is a dense spikelike panicle, with smooth, faintly
nerved lemmas 2.5 to 3 mm (0.1 to 0.12 in.) long, and glumes 1.5 to 2
mm (0.06 to 0.08 in.) long. This species flowers from early May to June
or July. P. atropurpurea was described by Scribner (1898) based on
specimens collected by S. B. Parish in 1894 at Bear Valley. P.
atropurpurea is known to occur in meadows of the Big Bear area in the
San Bernardino Mountains and in the Laguna Mountains in San Diego
County from about 1,800 to 2,300 m (6,000 to 7,500 ft) in elevation
(Sproul 1979, Krantz 1981b, Curto 1992). Several other native and at
least one exotic species of Poa can be found within the range of P.
atropurpurea, including P. fendleriana (mutton grass), P. incurva, P.
nevadensis (Nevada bluegrass), P. pratensis (Kentucky bluegrass), and
P. secunda (scabrella) (Malpais bluegrass). P. atropurpurea is
distinguished from P. pratensis by its smaller stature, contracted
panicle, and lemmas that lack a tuft of cobwebby hairs at the base
(Pierce and Beauchamp 1979). P. atropurpurea and P. pratensis are
distinguished from the other sympatric Poa species by creeping rhizomes
(Munz 1974).
Habitat for Poa atropurpurea is known to exist on Forest Service,
CDFG, municipal, and private land in the San Bernardino Mountains.
Eleven known population centers of P. atropurpurea currently are known
to exist. These populations are distributed within a 13 km (8 mi)
radius of the town of Sugarloaf (Krantz 1981b). Of these, two
localities are on Forest Service land (Holcomb Valley and Wildhorse
Meadows), one is administered by CDFG (North Baldwin), one is
cooperatively owned by the Forest Service and a private youth camp
(Hitchcock Ranch), and seven are privately owned. Eight of the 11 known
sites are less than 2.5 hectares (ha) (6 acres (ac)) in size. Fewer
than 40 ha (100 ac) of habitat for this species are known to remain in
the San Bernardino Mountains: about 9 ha (23 ac) are administered by
the Forest Service, 2 ha (5 ac) by the CDFG, and 28 ha (69 ac) are
privately owned (Krantz 1981b). In 1979, four known populations of P.
atropurpurea occurred in the Laguna Mountains. Sproul (1979) reported
this taxon to be ``one of the rarest and most threatened plants in the
Laguna-Morena area.'' From 1981 until 1993, P. atropurpurea was
considered to be extirpated from the Laguna Mountains because no
individuals could be found despite repeated surveys for this taxon
(Curto 1992; Kirsten Winter, U.S. Forest Service, pers. comm. 1993). In
spring of 1993, two sites that currently support P. atropurpurea were
located in the Laguna Mountains within the Cleveland National Forest
(Raymond Vizgirdas, U.S. Fish and Wildlife Service biologist, pers.
comm. 1993). Each of the 2 populations consists of about 50 individuals
(Winter, pers. comm. 1993).
Habitat loss for this species began in the 1880's with the
construction of the Big Bear Lake reservoir in the San Bernardino
Mountains in an area that likely contained extensive meadows and pebble
plains. Since then, grazing, cattle trampling, mining, timber harvest,
off-road vehicle use, fuelwood harvesting, campground and ski area
development, and urbanization have continued to affect habitat for this
species.
Taraxacum californicum is a thick-rooted perennial in the sunflower
family (Asteraceae), 0.5 to 2 dm (0.2 to 0.7 ft) high, with light
green, oblanceolate, subentire to sinuate-dentate leaves from 5 to 12
cm (2 to 5 in.) long and 1 to 3 cm (0.4 to 1.2 in.) wide. The numerous
light yellow flowers are borne on leafless stalks, and bloom from May
to August. The outer phyllaries (outer bracts beneath the
inflorescence) are erect, lance-ovate, 5 to 7 mm (0.2 to 0.3 in.) long;
the inner phyllaries are lance-linear, 12 to 15 mm (0.5 to 0.6 in.)
long. This species has been previously treated as T. officinale var.
lividum by Koch (in Hall 1907), as T. lapponicum by Handel-Mazzetti
(1907), as T. ceratophorum by Sherff (1920), and T. ceratophorum var.
bernardinum by Jepson (1925). T. californicum was described by Munz and
Johnston (1925) based on specimens collected by S.B. and W.F. Parish at
Bear Valley in 1882. Munz and Johnston (1924) emphasized the
morphological distinctiveness of T. californicum, in addition to its
extremely disjunct distribution. They elevated this taxon to species
status primarily on the basis of its small achenes and erect appressed
phyllaries. T. californicum is readily distinguished from other members
of this genus within its range by its lighter green foliage, subentire
leaves, erect phyllaries, and paler yellow flowers (Krantz 1980).
Taraxacum californicum occurs in moist meadow habitats in the San
Bernardino Mountains from 2,000 to 2,800 m (6,700 to 9,000 ft) in
elevation, often in association with Poa atropurpurea and other rare
species. This species is known to occur on Forest Service, CDFG,
municipal, and private land. Fewer than 15 occurrences of T.
californicum currently are known, with population sizes ranging from 2
to 300 individuals. About half of these occurrences are located within
or adjacent to developed areas such as Big Bear City, Big Bear Lake
Village, and Sugarloaf in San Bernardino County. Habitat loss for this
species began in the 1880's with the construction of the Big Bear Lake
reservoir in the San Bernardino Mountains in an area that likely
contained extensive meadows and pebble plains. Since then grazing,
cattle trampling, mining, timber harvest, off-road vehicle use,
fuelwood harvesting, campground and ski area development, and
urbanization continue to affect habitat for this species.
Both Poa atropurpurea and Taraxacum californicum are found in wet
meadow habitats, primarily in the northeastern San Bernardino
Mountains. These taxa are further restricted to the relatively open
edges or ecotonal (border) areas that offer less competition from more
mesic species such as P. pratensis, Carex spp. or
[[Page 39340]]
Juncus spp. (Krantz 1981b). The perimeter of such meadows often
intergrades with sagebrush scrub dominated by Artemisia tridentata or
montane forest dominated by Pinus jeffreyi.
Trichostema austromontanum ssp. compactum is a compact, soft-
villous (with long, shaggy hairs) annual in the mint family
(Lamiaceae), approximately 10 cm (4 in.) tall. This species flowers in
July and August. Its tiny blue, five-lobed flowers are less than 2 mm
(0.1 in.) long, with two blue stamens. The fruit is a smooth, four-
lobed nutlet. T. austromontanum ssp. compactum was described by Lewis
(1945) based on specimens collected by M.L. Hilend at Hidden Lake (San
Jacinto Mountains, Riverside County).
Trichostema austromontanum ssp. compactum has historically been
restricted to a single vernal pool known as Hidden Lake at an elevation
of about 2,400 m (8,000 ft) in the San Jacinto State Wilderness Area.
Hidden Lake is the only naturally occurring body of water in the San
Jacinto Mountains. The entire known range for this species encompasses
less than 0.8 ha (2 ac) (Michael Hamilton, James Reserve Manager, pers.
comm. 1993). The population size of T. austromontanum ssp. compactum
declines during periods of either above or below normal precipitation
because of its position along the perimeter of the vernal pool habitat
(Hamilton 1991). Between 1979 and 1991, the population sizes of this
species fluctuated from 11 to 10,000 individuals (Hamilton 1991). Since
the creation of the Palm Springs tramway in 1964, Hidden Lake has
incurred a greater intensity of trampling damage.
Previous Federal Action
Federal government actions on the seven taxa under consideration in
this rule began as a result of section 12 of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.), which directed the
Secretary of the Smithsonian Institution to prepare a report on those
plants considered to be threatened, endangered, or extinct in the
United States. This report, designated as House Document No. 94-51, was
presented to Congress on January 9, 1975. The Service published a
notice in the July 1, 1975, Federal Register (40 FR 27823) of its
acceptance of the report as a petition within the context of section
4(c)(2) (now section 4(b)(3)) of the Act, and its intention to review
the status of the plant taxa named therein. Arenaria ursina, Poa
atropurpurea, and Trichostema austromontanum ssp. compactum were
included in that notice as endangered species, and Arabis johnstonii,
Castilleja cinerea, and Taraxacum californicum were listed as
threatened. 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 Federal
Register notice dated July 1, 1975. A. ursina, P. atropurpurea, and T.
a. ssp. compactum were included in the proposed rule.
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 a December
10, 1979, notice (44 FR 70796), the Service withdrew the outstanding
portion of the June 16, 1976, proposal, along with four other proposals
that had expired.
On December 15, 1980, the Service published a revised Notice of
Review of plants in the Federal Register (45 FR 82480). Arabis
johnstonii, Poa atropurpurea, Taraxacum californicum, and Trichostema
austromontanum. ssp. compactum were included in that notice as category
1 candidate species for Federal listing. Category 1 taxa are those for
which the Service has on file substantial information on biological
vulnerability and threats to support preparation of listing proposals.
Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var.
austromontanum were included in the notice as category 2 candidate
species. 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 status of
these seven taxa remained unchanged in the Notice of Review published
on September 27, 1985 (50 FR 39526). In the February 21, 1990, Notice
of Review (55 FR 6184), Arenaria ursina was changed to a category 1
candidate species. The status of the other six taxa remained unchanged.
In the revision of the plant notice published on September 30, 1993,
(58 FR 51144), these categories remained unchanged.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on 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 the seven taxa covered by this
rule, because the 1975 Smithsonian report had been accepted as a
petition. On October 13, 1983, the Service found that the petitioned
listing of these species was warranted, but precluded by other pending
listing actions, in accordance with section 4(b)(3)(B)(iii) of the Act;
notification of this finding was published on January 20, 1984 (49 FR
2485). Such a finding requires the petition to be recycled annually,
pursuant to section 4(b)(3)(C)(i) of the Act. The finding was reviewed
in October of 1983 through 1994. Publication of this proposed rule
constitutes the final 1-year petition finding for the seven taxa.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (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 list. A
species may be determined to be endangered or threatened due to one or
more of the five factors described in section 4(a)(1) of the Act. These
factors and their application to Arabis johnstonii Munz (Johnston's
rock-cress), Arenaria ursina Robinson (Bear Valley sandwort),
Castilleja cinerea Gray (ash-grey Indian paintbrush), Eriogonum
kennedyi Porter ex Watson var. austromontanum Munz & Johnston (southern
mountain wild buckwheat), Poa atropurpurea Scribner (San Bernardino
bluegrass), Taraxacum californicum Munz & Johnston (California
dandelion), and Trichostema austromontanum Lewis ssp. compactum Lewis
(Hidden Lake bluecurls) are as follows (see Table 1):
[[Page 39341]]
Table 1.--Summary of Threats
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Threats
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Exotic Development Limited
Species Trampling plants ORV activity activity Grazing numbers
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Arabis johnstonii........... X ............ X X X
Arenaria ursina............. X X X X
Castilleja cinerea.......... X X X X X
Eriogonum kennedyi var.
austromontanum............. X X X X
Poa atropurpurea............ X X X X X X
Taraxacum californicum...... X X X X X X
Trichostema austromontanum
ssp. compactum............. X ............ ............ ............ ............ X
----------------------------------------------------------------------------------------------------------------
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. The seven taxa considered herein
currently are threatened by a variety of activities that result in
habitat modification, destruction, degradation, and fragmentation.
These activities include urbanization, vehicular activity, hydrologic
alterations, and habitat degradation by livestock.
Five of the seven taxa proposed in this rule (Poa atropurpurea,
Taraxacum californicum, Arenaria ursina, Castilleja cinerea, and
Eriogonum kennedyi var. austromontanum) are predominantly found in
pebble plains or meadow habitats in the vicinity of Big Bear Lake in
the eastern San Bernardino Mountains. Pebble plains soils contain
significant amounts of clay, and are subject to extreme diurnal and
seasonal variation in soil temperature and moisture conditions. These
soils have an extremely slow infiltration rate and, thus, have a high
runoff potential.
Prior to European settlement, pebble plain and meadow habitats were
much more abundant in the Big Bear Valley. Krantz (1987) estimated that
over 1,000 ha (2,500 ac) of pebble plains and natural meadowlands were
lost due to the construction of a dam and the resultant creation of Big
Bear Lake in 1883. Subsequent urbanization of the valley, land
disturbance from livestock, and off-road vehicle use, destroyed or
damaged much of the remaining pebble plain and meadow habitat (Krantz
1987, Neel and Barrows 1990). These factors contributed to the decline
of two meadow endemic species found only in the Big Bear Valley area,
Sidalcea pedata (pedate checker-mallow) and Thelypodium stenopetalum
(slender-petaled mustard), which were federally listed as endangered in
1984 (49 FR 34497). Nine existing pebble plain complexes have been
identified (Neel and Barrows 1990). Less than 220 ha (550 ac) of this
highly restricted community remain; about 208 ha (514 ac) is
administered by the Forest Service and approximately 12 ha (32 ac)
occurs on private land (Neel and Barrows 1990).
Recreational activities have affected and continue to affect the
habitat of Arabis johnstonii, Arenaria ursina, Castilleja cinerea,
Eriogonum kennedyi var. austromontanum, Trichostema austromontanum ssp.
compactum, Poa atropurpurea, and Taraxacum californicum. These
activities include heavy, widespread hiking; off-road vehicle use; and
development of campgrounds, trails, and ski areas. The San Bernardino
National Forest (SBNF) has the highest recreational use of any national
forest (SBNF Draft Wildlife, Fisheries, Botany, and Threatened and
Endangered Species Program 5-year plan, 1992). The Forest Service has
implemented a number of measures (including fencing and signing) to
protect pebble plains from illegal off-road vehicle activity. Despite
this action, over 40 percent of the pebble plains habitat within Forest
Service jurisdiction remains unprotected (Neel and Barrows 1990).
Because of the heavy recreational pressures on the SBNF, unauthorized
off-road vehicle use remains a threat to these species. The Forest
Service has limited resources available for preventing recreational
impacts to these habitats. Most of the privately owned pebble plains
habitat receive no formal protection. A few, however, have voluntary
non-binding landowner agreements to protect this habitat. See Factor D
for additional information.
Vehicles cause considerable damage to pebble plains habitat, and
all pebble plains habitat have some road development. The pebble plains
are extremely susceptible to damage during spring thaw (Krantz 1981a).
During the wet season, vehicles both directly destroy plants and create
deep ruts that change the water flow patterns over the pebble plains,
potentially indirectly affecting greater numbers of plants (Neel and
Barrows 1990). All known Arenaria ursina and Eriogonum kennedyi var.
austromontanum populations have been affected by vehicle use to some
extent (Krantz 1981a). Vehicular activity directly impacts plants by
crushing the plants and compacting and eroding the soil. Although the
erosion potential of the soil is not considered high, due to the
moderate slopes and rainfall, vehicle use can lead to a breakdown in
soil structure (Neel and Barrows 1990). Vehicular activity also favors
the establishment of species more tolerant of such disturbance, thereby
altering the composition of the plant community over time.
Extensive damage to the pebble plains near North Baldwin Lake
occurred in March 1992. A construction vehicle (front-end loader) from
the adjacent San Bernardino County landfill was driven over this plant
site while the soils were saturated and highly vulnerable to
disturbance (Neel and Chaney 1992). Although the site was completely
fenced and posted as a rare plant site, the driver trespassed onto the
site, drove over the identifying signs and fences, and caused extensive
damage to the habitat in an apparently intentional act of vandalism
(Tim Krantz, consultant, in litt. 1993). Over 1,200 sq m (13,000 sq ft)
of pebble plain habitat was moderately to severely damaged from this
event. Although restoration was required by the Forest Service, it was
not entirely successful since the indirect effects, including
alteration of surface hydrology and the subsequent invasion of exotic
species, can have significant, long-term effects on this delicate
ecosystem (Neel and Chaney 1992, Krantz, in litt. 1993). These impacts
are not easily reversed because soil compaction could impede
germination and the exotic species could compete for nutrients for
extensive periods of time.
Incidents involving destruction or degradation of pebble plains
habitat by off-road vehicles and vehicular trespass have occurred in
the past, and continue to present a significant threat to all pebble
plain sites (Maile Neel, SBNF,
[[Page 39342]]
pers. comm. 1993, Krantz, in litt. 1993). For example, unpermitted
grading destroyed a portion of the Castle Glen pebble plain in 1991
(Krantz, in litt. 1993). Generally, when such an event occurs,
restoration is not undertaken since the persons responsible for the
habitat destruction usually cannot be identified, and the Forest
Service has insufficient staffing and funding to adequately restore all
such disturbed areas. The cumulative effects of unauthorized off-road
vehicle use resulted in the almost complete devegetation of a pebble
plains site in the SBNF near Sugarloaf (Neel and Barrows 1990).
Privately owned pebble plains habitat is unprotected at several
locations, including the Big Bear Lake and Sawmill population
complexes. In addition, unregulated off-road vehicle activity degraded
part of the Horseshoe pebble plain (Sawmill complex) under both Forest
Service and private ownership (Krantz, in litt. 1993). See Factor D for
additional information.
Chaparral and forest habitats in the Garner Valley and Lake Hemet
areas containing Arabis johnstonii continue to be destroyed or degraded
by livestock trampling, and residential and recreational developments,
including groundwater drawdown by numerous wells (Hamilton, pers. comm.
1993). These activities contributed to the decline of A. johnstonii in
the region. The Garner and Wellman grazing allotments may affect
several populations of A. johnstonii in Garner Valley. The clay
substrate is especially vulnerable to trampling and disruption by
cattle during the saturated period in winter and early spring. Berg and
Krantz (1982) noted evidence of cattle-induced impacts to the substrate
in the vicinity of Quinn Flat, located in central Garner Valley, which
contains a dense population of A. johnstonii.
The decline of Poa atropurpurea and Taraxacum californicum can be
attributed to a number of activities that destroyed and degraded their
habitat, including urbanization, livestock, off-road vehicles, and
hydrologic alteration. For example, the creation of Big Bear Lake
inundated hundreds of acres of meadows that provided habitat for
several sensitive taxa (Krantz 1981b). Subsequent urbanization and
recreational developments at the lake eliminated or fragmented many
populations of P. atropurpurea and T. californicum (Krantz 1980;
California Natural Diversity Data Base 1992).
At least 70 percent of the remaining Poa atropurpurea habitat is
unprotected. In several areas of the San Bernardino Mountains, P.
atropurpurea is sympatric with two State and federally listed
endangered species, Sidalcea pedata (pedate checker-mallow) and
Thelypodium stenopetalum (slender-petaled mustard), and was similarly
impacted by urbanization and development of meadow habitat. For
example, development of the Big Bear airport facilities and the
expansion of Bear Mountain Ski Area destroyed two populations of P.
atropurpurea. A portion of another site was intentionally graded by the
landowner in 1991, which also destroyed S. pedata habitat (CDFG 1991,
Krantz, in litt. 1993). Since most of the remaining populations of P.
atropurpurea are very small, their long-term survival is questionable
(Krantz, in litt. 1993) (See Factor E). By 1979, half of the four known
Poa atropurpurea populations in Laguna Meadow (San Diego County) were
damaged by cattle trails, telephone line trenching, and soil removal
for the construction of an earthen dam at Big Laguna Lake (Sproul
1979). The long-term alteration of surface and subsurface hydrology in
Laguna Meadow through dam construction and livestock presence resulted
in soil disturbance. In addition, several prolonged drought events in
the early 1950's, middle 1970's, and late 1980's may have contributed
to the decline of P. atropurpurea in this area (Curto 1992).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not known to be a threat for
any of the taxa under consideration in this proposed rule. All of the
taxa proposed herein could potentially suffer vandalism either
directly, or indirectly due to habitat destruction. An example of
vandalism to pebble plains habitat is the incident at North Baldwin
Lake (see Factor A), where a construction vehicle was driven over the
plant site even though the site was completely fenced and posted as
rare plant habitat. The plant habitat was extensively damaged (Tim
Krantz, consultant, in litt. 1993).
C. Disease or predation. Disease is not known to be a factor
affecting any of the taxa under consideration in this rule. However,
consumption by livestock is a threat to Arenaria ursina, Castilleja
cinerea, Eriogonum kennedyi var. austromontanum, Poa atropurpurea, and
Taraxacum californicum (Krantz 1981a, Krantz, in litt. 1993). Krantz
(1981b) noted that since animals grazed during the flowering period of
P. atropurpurea, seed set and sexual reproduction are reduced. T.
californicum is vulnerable to consumption as its flower heads and
leaves are erect and readily removed by grazers (Krantz in litt. 1993).
In the Big Bear Basin, wild burros forage in and around pebble plain
and wet meadow habitats. Feral burros have been observed at North
Baldwin and on the pebble plains of Gold Mountain and Sawmill Complex.
Though levels of use and degrees of impact from burro grazing and
trampling have not been systematically recorded, browsed plants and
hoof prints in wet clay soils were noted (Neel and Barrows 1990).
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that could provide some protection for these
species include: (1) Listing under the California Endangered Species
Act, (2) provisions under the California Native Plant Protection Act,
(3) consideration under the California Environmental Quality Act
(CEQA), (4) Forest Service management policies, (5) land acquisition
and management by Federal, State, or local agencies, or by private
groups and organizations, (6) State wilderness area management
policies, (7) conservation provisions under the Federal Clean Water
Act, and (8) local laws and regulations.
The Native Plant Protection Act (Chapter 10, Sec. 1908 et seq.) and
the California Endangered Species Act (Chapter 1.5, Sec. 2080 et seq.)
prohibit the ``take'' of State-listed plants. State law does not,
however, protect the plants from taking via habitat modification or
land use change by the landowner. After the CDFG notifies a landowner
that a State-listed plant grows on his or her property, State law
requires only that the landowner notify the agency ``at least 10 days
in advance of changing the land use to allow salvage of such plant''
(Chapter 10, Sec. 1913).
Although State laws could provide a measure of protection to the
species, these laws are not adequate to protect the species in all
cases. Numerous activities do not fall under the purview of the laws,
such as certain projects proposed by the Federal government and
projects falling under State statutory exemptions. Where overriding
social and economic considerations can be demonstrated, these laws
allow project proposals to go forward, even in cases where the
continued existence of the species may be jeopardized, or where adverse
impacts are not mitigated to the point of insignificance.
The taxa in this rule are included in the California Native Plant
Society inventory, but none have been listed by the State. Hence, the
California Endangered Species Act currently provides no protection for
these species. Since the Native Plant Protection Act only applies to
plant species listed by
[[Page 39343]]
the State, this act also provides no protection to the seven species in
this rule. Although these seven taxa are not listed by the State, the
CEQA specifies that a species not included on the State list shall be
considered to be endangered if the species can be shown to meet the
criteria for State listing.
The CDFG recognizes that plants on Lists 1A, 1B, and 2 of the
``Inventory of Rare and Endangered Vascular Plants of California''
(Smith and Berg 1988) would normally qualify for State listing. All
seven plant taxa in this rule are included on California Native Plant
Society List 1B, i.e. plants rare, threatened, or endangered in
California and elsewhere (Smith and Berg 1988). CDFG generally requests
the inclusion of such species in Environmental Impact Reports. However,
several projects resulted in the loss of habitat for these taxa,
including the expansion of the Big Bear Airport, ski areas, and the
development of the Moonridge Golf Course in sensitive meadow habitat
(California Natural Diversity Data Base 1992). In addition, projects
such as the Eagle Point development have already been approved but do
not provide adequate mitigation for the sensitive meadow plants (Neel,
pers. comm. 1993). Recently, the City of Big Bear graded habitat
containing the federally listed endangered plant species Sidalcea
pedata without providing appropriate mitigation measures (Mary Meyer,
CDFG, pers. comm. 1993). Furthermore, these taxa face threats that are
not easily controlled by existing regulations, particularly
unauthorized off-road vehicle activity.
With the exception of Trichostema austromontanum ssp. compactum,
which only occurs on State land, all of the taxa under consideration in
this rule are found on the SBNF and are recognized by the Forest
Service as ``sensitive species'' (SBNF 1989). The Forest Service has
policies to protect sensitive plant taxa, including attempting to
establish these species in suitable or historic habitat, encouraging
land acquisitions to protect sensitive plant habitat, establishing
refugia for pebble plains species, and not permitting activities that
may alter the hydrology or meadow habitat for sensitive plants (SBNF
1989). These guidelines, however, have not been entirely effective.
Bluff Lake, which is privately owned and contains populations of Poa
atropurpurea and Taraxacum californicum, was identified as a
potentially suitable mitigation bank of wetland and wet meadow habitat
for developments in the region. It was identified as a high priority
for the Forest Service's Land Ownership Adjustment Program (Bruce
Daniels, City of Big Bear Lake, in litt. 1992). Unfortunately, plans to
acquire Bluff Lake are no longer being pursued because the parcel is
not available for sale (Neel, pers. comm. 1993).
Although the Forest Service does not permit activities that alter
the hydrology of pebble plains or meadows, unauthorized off-road
vehicle use continues to be a problem in many areas and contributes to
hydrologic modifications of these sensitive habitats. Even if most of
the remaining pebble plains and meadow habitats on the SBNF could be
adequately protected from human disturbance, the amount of habitat
presently occupied by five of the seven taxa under consideration in
this rule may not be sufficient to maintain their long-term viability.
The Holcomb Valley/North Baldwin Lake region, which contains known
populations of five of the plant taxa in this proposed rule and
significant examples of pebble plains habitat, was designated as a
Special Interest Area by the Forest Service in 1989 due to its
combination of unique botanical, zoological, and historical resources
(Lardner, pers. comm. 1993). This designation means that certain
activities, such as plant collecting, are restricted. At present, no
specific management plan has been developed for the area due to
resources being directed toward higher priority activities (Neel, pers.
comm. 1993). The ``Barstow-to-Vegas'' motorcycle race was authorized by
the Forest Service to pass through this area in 1992 and 1993 (Loe,
pers. comm. 1992, 1994). Although the race is confined to existing dirt
roads and no direct impacts to sensitive plants were incurred (Neel,
pers. comm. 1993), this officially sanctioned large scale off-road
vehicle event took place in one of the highly significant and
vulnerable plant habitat areas of the forest (Krantz 1981a). The
potential exists for indirect impacts such as foot trampling to occur
within the area of these plants. Since the race is likely to become an
annual event, it is a potential threat to sensitive plant habitat.
Two of the species in this proposal, Poa atropurpurea and Taraxacum
californicum could potentially be affected by projects requiring a
permit under section 404 of the Clean Water Act. Under section 404, the
U.S. Army Corps of Engineers (Corps) regulates the discharge of fill
material into waters of the United States, which include navigable and
other waters, their headwaters (streams with an average annual flow of
less than 5 cubic feet per second), and wetlands (either isolated or
adjacent to other waters). Section 404 regulations require that
applicants obtain a permit for projects that involve the discharge of
fill into waters of the U.S. Projects that qualify for authorization
under Nationwide Permit 26 (NWP 26) and will adversely impact 0.41 ha
to 4.0 ha (1 to 10 ac) of waters above the headwater point or in
isolated waters (including wetlands) can be permitted with minimal
environmental review by the Corps (33 CFR Part 330). Projects that
qualify for authorization under NWP 26 that affect less than 0.41 ha (1
ac) of isolated waters including wetlands may proceed without notifying
the Corps if the project meets the terms and conditions of the
Nationwide Permit. Formal evaluation of the impacts of such a project
is thus precluded under the section 404 permit process. An individual
permit may be required by the Corps if a project otherwise qualifying
under NWP 26 would have greater than minimal adverse environmental
impacts. The Corps is generally reluctant to withhold authorization
under NWP 26 unless the existence of a federally proposed or listed
threatened or endangered species would be affected. Candidate species
receive no special consideration under section 404, regardless of the
type of permit deemed necessary. Thus, these two taxa currently receive
insufficient protection under section 404.
Representatives from various Federal, State, and local agencies,
and individuals from the private sector are developing a Coordinated
Resource Management Plan (CRMP) for the Big Bear Valley region. The
CRMP process is essentially a planning tool that operates on the local
level to minimize conflicts among various user groups, landowners, and
governmental agencies (CRMP Handbook 1990). The goal of this process is
to identify sensitive biological resources and to integrate
conservation efforts with those of public and private entities.
Although the Service supports these efforts, no protection for any of
the species described herein can be guaranteed. This process is
ongoing, and is not legally binding for participants (John Hanlon, U.S.
Fish and Wildlife Service, pers. comm. 1993).
E. Other natural or manmade factors affecting their continued
existence. The seven taxa considered in this rule currently are
threatened by a variety of other factors including: trampling by humans
and livestock, competition with other plant species, genetic
absorption, drought, and stochastic events.
Activities related to fuelwood harvesting affect Arenaria ursina,
Castilleja cinerea, Eriogonum kennedyi var. austromontanum, Poa
[[Page 39344]]
atropurpurea, and Taraxacum californicum due to human trampling of
habitat and individual plants.
Trampling by recreational users adversely affects populations of at
least three of the species (Castilleja cinerea, Taraxacum californicum,
and Trichostema austromontanum ssp. compactum). Individuals of
Trichostema showed reduced vigor under conditions of moderate to heavy
trampling by recreational users (Hamilton 1991). Trampling by
recreational users and livestock adversely affects T. californicum and
favors the establishment of Taraxacum officinale, since the latter
species responds to disturbance by producing flower heads close to the
soil surface (Krantz, in litt. 1993). At least one population of C.
cinerea was affected by trampling by recreational users. This site,
located across from Snow Valley Ski Area within a Forest Service lease
tract, was fragmented by the construction of several large cabins, a
parking lot, and trails. In addition, increased trampling and excessive
amounts of dust generated during the Barstow-to-Vegas motorcycle race
in Holcomb Valley may impact populations of five of the species in this
proposed rule: Arenaria ursina, C. cinerea, Eriogonum kennedyi var.
austromontanum, Poa atropurpurea, and T. californicum (Neel, pers.
comm. 1993).
Due to its accessibility, the Trichostema austromontanum ssp.
compactum population at Hidden Lake is particularly vulnerable to
trampling by recreational users. This site, managed by the California
Department of Parks and Recreation, has been extremely popular with
recreational users since the development of the Palm Springs tramway in
1964. Several measures were initiated by the State during the past
decade to protect the vernal pool ecosystem and the Trichostema
population, including removing references to the site from park
interpretive materials. These measures, however, have not prevented
impacts from trampling by hikers and horses. Fencing is not permitted
because the site is located within a State wilderness area (Hamilton,
pers. comm. 1992).
The presence of livestock typically changes the composition of
native plant communities by reducing or eliminating those species that
cannot withstand trampling, and enabling more resistant (usually
exotic) species to increase in abundance. Livestock trampling and
competition from exotic species could adversely affect all seven of
these plant taxa. Taxa that were not previously part of the native
flora may be introduced and flourish under a grazing regime. They may
reduce or eliminate native plant species through competition for
resources. Introduced species are used as forage in San Bernardino and
Cleveland National Forest grazing allotments. The native grass Poa
atropurpurea cannot successfully compete with these populations of non-
native grass species (Winter 1991). Evidence of cattle-induced impacts
in the vicinity of Quinn Flat, in central Garner Valley, was observed
where a population of Arabis johnstonii exists (Berg and Krantz 1982).
Sites supporting Arabis johnstonii, Arenaria ursina, Castilleja
cinerea, Eriogonum kennedyi, Poa atropurpurea, and Taraxacum
californicum were moderately to heavily degraded by cattle trampling in
the past (e.g., Big Meadow, Wildhorse Meadow, Holcomb Valley, Hitchcock
Ranch, Bluff Lake, Garner Valley, and Laguna Meadow). Some areas
continue to be grazed by cattle, horses, or burros. The Santa Ana
grazing allotment includes a population of C. cinerea on Sugarloaf
Ridge (Melody Lardner, SBNF, pers. comm. 1993). In the Cleveland
National Forest, the major threat to P. atropurpurea is grazing, as all
the Laguna Meadow populations are located within grazing allotments.
Introduced species of grasses and forbs have invaded many of
California's native plant communities. Such weedy species can displace
the native flora by competing for nutrients, water, light, and space.
Weedy plant invasions are facilitated by disturbances such as grazing,
urban and residential developments, and various recreational
activities. Introduced weeds became established in many portions of the
San Bernardino, San Jacinto, and Laguna mountains reducing the amount
of suitable habitat for Taraxacum californicum, Poa atropurpurea, and
other native plant species. For example, the invasion of the exotic
cheatgrass (Bromus tectorum) is considered to be a threat to the
Sawmill pebble plain habitat, which supports populations of Arenaria
ursina, Castilleja cinerea, and Eriogonum kennedyi var. austromontanum
(Neel and Barrows 1990). In most localities, T. californicum was out-
competed by the widespread, non-native T. officinale, especially in
areas that were disturbed by grazing or human activities. Exotic grass
and weed species could displace populations of both P. atropurpurea and
T. californicum through competition if activities such as grazing,
trampling, and off-road vehicles that favor aggressive introduced
species continue.
Two species are threatened with the loss of their genetic
distinctiveness due to genetic exchange with species of the same
genera. Poa atropurpurea has potentially been affected by genetic
absorption by the widespread non-native P. pratensis (Pierce and
Beauchamp 1979, Sproul 1979, Curto 1992). Genetic absorption of P.
atropurpurea by the exotic P. pratensis is a threat to the long-term
viability of this species. Taraxacum californicum may also be
threatened with genetic absorption by the introduced T. officinale
(Krantz, in litt. 1993). Apparent hybrids between these two taxa were
observed in areas where they overlap in distribution (Krantz, pers.
comm. 1993; Krantz 1980). Since T. californicum rarely occurs in the
absence of T. officinale, the potential for loss of genetic
distinctiveness of the restricted species exists. Although both T.
californicum populations are protected, in part, by fencing of habitat
at North Baldwin Lake (owned by CDFG) and Holcomb Valley (Forest
Service), this species is likely threatened at all sites by genetic
absorption and competition with T. officinale.
Drought conditions can also negatively affect pebble plains
species. The severe drought in 1989 dramatically reduced the number of
flowering individuals of pebble plains taxa and their associated insect
pollinators (Freas and Murphy 1990). Since both Arenaria ursina and
Eriogonum kennedyi var. austromontanum are dependent on insects for
seed set, such environmental conditions can adversely affect their
reproductive success (O'Brien 1980, Freas and Murphy 1990). Therefore,
if numbers of these species continue to decline and reproductive
success is low, a series of drought events may pose a threat to the
species because of now limited distribution.
Stochastic extinction threatens the plants discussed herein,
particularly Poa atropurpurea, Taraxacum californicum, and Trichostema
austromontanum ssp. compactum, by virtue of their small population size
and limited distribution. Genetic viability is reduced in small
populations, making them vulnerable to extinction by manmade or natural
events. The potential for local extirpation precipitated by small
population size can be exacerbated by environmental conditions such as
the recent drought. For example, the few numbers of P. atropurpurea
individuals at the two remaining sites in the Laguna Mountains could be
eliminated by grazing (i.e., consumption, trampling, soil disturbance),
competition from alien plants, alteration of the hydrologic regime, or
other forms of disturbance,
[[Page 39345]]
resulting in the extirpation of the species (Curto 1992). Most known
populations of T. californicum, including Hitchcock Ranch, Big Meadow
(Forest Service), and Pan Hot Springs (City of Big Bear), are so
limited in numbers (R. Vizgirdas, U.S. Fish and Wildlife Service, pers.
comm. 1992) that they may not survive in the future without recovery
actions such as reducing competition from exotic plants and restoring
degraded habitat areas.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to propose this
rule. Based on this evaluation, the Service finds that Poa atropurpurea
and Taraxacum californicum are in imminent danger of extinction
throughout all or a significant portion of their ranges due to habitat
destruction and alteration resulting from urban and recreational
development; grazing; trampling by livestock and humans; inadequacy of
existing regulatory mechanisms; genetic absorption; stochastic
extinction; and competition from exotic plant species. Therefore, the
preferred action is to list P. atropurpurea and T. californicum as
endangered. Other alternatives to this action were considered but not
preferred because not listing these species at all, or listing them as
threatened would not provide adequate protection or would not be in
keeping with the purposes of the Act.
For the reasons discussed above, the Service finds that Arabis
johnstonii, Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi
var. austromontanum, and Trichostema austromontanum ssp. compactum are
likely to become endangered within the foreseeable future throughout
all or a significant portion of their ranges if identified threats are
not reduced or eliminated. Threats to these five taxa include habitat
destruction and alteration from urban development and off-road vehicle
activity; habitat degradation and predation by livestock and feral
burros; trampling; and stochastic events. The Service has determined
that threatened rather than endangered status is appropriate for A.
johnstonii, A. ursina, C. cinerea, E. kennedyi var. austromontanum, and
T. a. ssp. compactum primarily because the Forest Service has initiated
some measures to protect these species. Management activities conducted
by the Forest Service (such as fencing, signing, and monitoring various
sensitive habitat areas) have reduced the potential for habitat
destruction by human activities to the degree that the danger of
extinction for these taxa is not imminent. However, the signs and
fences are often destroyed or removed, hence most localities containing
these taxa remain vulnerable to trespass by off-road vehicles and other
recreational users (Neel, pers. comm. 1993). Other alternatives to this
action were considered but not preferred because not listing these
species at all would not provide adequate protection and would not be
in keeping with the purposes of the Act. Listing them as endangered
would not be appropriate as the Forest Service has decreased the danger
of extinction at the present time. Critical habitat is not being
proposed for these species at this time, as discussed below.
Critical Habitat
Critical habitat is defined by section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring 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 424.21) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for these
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 discussed in Factors A and B, vandalism, primarily by through
unauthorized trespassing in motorized vehicles, is a threat to these
species. One documented example of intentional habitat destruction has
been cited above in an area containing several of the species proposed
herein for listing. Acts of vandalism and habitat destruction against
other Federally listed endangered species in the region discussed in
this rule have occurred when the location of plant populations were
divulged (Mary Meyer, CDFG, pers. comm. 1995). The publication of the
required maps and descriptions for a critical habitat proposal would
increase the degree of threat to these taxa from possible take or
vandalism. The listing of species as endangered or threatened
publicizes their rarity, and can make them more susceptible to
collection by researchers or curiosity seekers. Designation of critical
habitat could further contribute to their decline and increase
enforcement problems.
In addition, designation of critical habitat would not be
beneficial for these species. All Federal agencies and local planning
agencies involved were notified of the location and importance of
protecting habitat for these species. For the populations under Federal
jurisdiction, protection of the habitat of these species will be
addressed through the Act's section 4 recovery process and section 7
consultation process. Those populations extant on privately owned lands
would receive no benefit from critical habitat designation. For the
reasons discussed above, the Service finds that designation of critical
habitat for these taxa is not prudent at this time.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery plans be
developed for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of
[[Page 39346]]
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.
Federal agencies expected to have involvement with section 7
regarding these species include the Forest Service through its
management activities, and the U.S. Army Corps of Engineers and the
Environmental Protection Agency, through their permit authority under
section 404 of the Clean Water Act. The Federal Housing Administration
may be affected through funding of housing loans where these species or
their habitat occurs. The Federal Highway Administration may be
affected through potential funding of future highway construction that
could affect these species. The Federal Energy Regulatory Commission
may be involved through its permitting authority for utility projects
that might potentially affect these taxa.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR parts 17.61 or 17.71 apply. These prohibitions,
in part, make it illegal for any person subject to the jurisdiction of
the United States to import or export, transport in interstate or
foreign commerce in the course of a commercial activity, sell or offer
for sale any such species in interstate or foreign commerce, or to
remove and reduce to possession the species from areas under Federal
jurisdiction. In addition, for plants listed as endangered, the Act
prohibits the malicious damage or destruction on areas under Federal
jurisdiction and the removal, cutting, digging up, or damaging or
destroying of such plants in knowing violation of any State law or
regulation, including State criminal trespass law. Section 4(d) of the
Act allows for the provision of such protection to threatened species
through regulation. This protection may apply to these species in the
future if regulations are promulgated. Seeds from cultivated specimens
of threatened plants are exempt from these prohibitions provided that
their containers are marked ``Of Cultivated Origin.'' 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 for endangered plants and Part
17.72 for threatened plants also provide for the issuance of permits to
carry out otherwise prohibited activities involving endangered and
threatened plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. For threatened plants, permits area also
available for botanical or horticultural exhibition, educational
purposes, or special purposes consistent with the purposes of the Act.
It is anticipated that few permits would ever be sought or issued
because these species are not in cultivation or common in the wild.
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 this
listing on proposed and ongoing activities within the species' range.
Six of the seven species in this rule are known to occur on lands
managed by the Forest Service. Collection, damage or destruction of
these species on Forest Service lands is prohibited although in
appropriate cases a Federal endangered species permit may be issued to
allow collection. Removal, cutting, digging up, damaging or destroying
endangered plants on non-Federal lands would constitute a violation of
section 9 of the Act if conducted in knowing violation of California
State law, including State criminal trespass law. The Service is not
aware of any otherwise lawful activities being conducted or proposed by
the public that will be affected by this listing and result in a
violation of section 9.
Questions regarding activities that may constitute violations of
section 9 should be directed to the Field Supervisor of the Service's
Carlsbad Field Office (see ADDRESSES section). Requests for copies of
the regulations concerning listed plants and general inquiries
regarding prohibitions and permits may be addressed to the U.S. Fish
and Wildlife Service, Ecological Services, Endangered Species Permits,
911 N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-
2063; Facsimile 503/231-6243)
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial, or other relevant data concerning any
threat (or lack thereof) to these taxa;
(2) The location of any additional populations of these taxa and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of these taxa; and
(4) Current or planned activities in the subject area and their
possible impacts on these taxa.
The Service specifically solicits opinion from independent
specialists regarding pertinent scientific or commercial data and
assumptions relating to taxonomy, population models, and supportive
biological and ecological information.
The final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to final regulations that differ from
this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal in the Federal Register. Such
requests must be made in writing and addressed to the Field Supervisor
of the Carlsbad Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments or Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Act. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Carlsbad Field Office (see ADDRESSES section).
Author
The primary author of this proposed rule is Edna Rey Vizgirdas,
Carlsbad
[[Page 39347]]
Field Office (see ADDRESSES section) or telephone 619-431-9440.
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 Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Arabis johnstonii........ Johnston's rock-cress... U.S.A. (CA)............. Brassicaceae............ T ........... NA NA
* * * * * * *
Arenaria ursina.......... Bear Valley sandwort.... U.S.A. (CA)............. Caryophyllaceae......... T ........... NA NA
* * * * * * *
Castilleja cinerea....... Ash-grey Indian U.S.A. (CA)............. Scrophulariaceae........ T ........... NA NA
paintbrush.
* * * * * * *
Eriogonum kennedyi var. southern mountain wild U.S.A. (CA)............. Polygonaceae............ T ........... NA NA
austromontanum. buckwheat.
* * * * * * *
Poa atropurpurea......... San Bernardino bluegrass U.S.A. (CA)............. Poaceae................. E ........... NA NA
* * * * * * *
Taraxacum californicum... California dandelion.... U.S.A. (CA)............. Asteraceae.............. E ........... NA NA
* * * * * * *
Trichostema Hidden Lake bluecurls... U.S.A. (CA)............. Lamiaceae............... T ........... NA NA
austromontanum ssp.
compactum.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: July 5, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-18975 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-55-P