[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                                          
----------------------------------------------------------------------------------------------------------------
                                                     Threats                                                    
-----------------------------------------------------------------------------------------------------------------
                                               Exotic                    Development                   Limited  
           Species              Trampling      plants     ORV activity    activity       Grazing       numbers  
----------------------------------------------------------------------------------------------------------------
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