[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Proposed Rules]
[Pages 40549-40557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19714]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD 38


Endangered and Threatened Wildlife and Plants; Proposed 
Endangered Status for Four Plants From Southwestern California and Baja 
California, Mexico

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list 
Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera 
(Laguna Beach dudleya), Hemizonia conjugens (Otay tarweed), and 
Monardella linoides ssp. viminea (willowy monardella) as endangered 
throughout their respective ranges in southwestern California and 
northern Baja California, Mexico, pursuant to the Endangered Species 
Act of 1973, as amended (Act). These species occur in coastal sage 
scrub, chaparral, and grassland habitats. The four taxa are threatened 
by a variety of factors including urban and agricultural development, 
competition from non-native plant species, off-road vehicle use, 
mining, grazing, and trampling by hikers. This proposed rule, if made 
final, would implement the Federal protection and recovery provisions 
afforded by the Act for these four plant species.

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

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad 
Field Office, 2730 Loker Avenue West, Carlsbad, California 92008. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich at the above address 
(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

    Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera 
(Laguna Beach liveforever), Monardella linoides ssp. viminea. (willowy 
monardella), and Hemizonia conjugens (Otay tarweed) occur in San Diego 
and Orange Counties in southwestern California. In addition, 
populations of three of these taxa (A. ilicifolia, H. conjugens, and M. 
linoides ssp. viminea) extend into extreme northern Baja California, 
Mexico. These species occur in coastal sage scrub or in a mosaic of 
sage scrub, chaparral, riparian scrub, and grassland habitats.
    Coastal sage scrub is a community typically dominated by a variety 
of drought-deciduous and evergreen sclerophyllous shrubs, including 
Artemisia californica (California sagebrush), Eriogonum fasciculatum 
(California buckwheat), Encelia californica (California encelia), E. 
farinosa (brittle bush), Malosma laurina (laurel sumac), Opuntia spp. 
(prickly pear, cholla), Salvia spp. (black sage, white sage), Rhus 
integrifolia (lemonadeberry), and R. ovata (sugarbush). Coastal sage 
scrub was historically distributed throughout cismontane (coastal) 
California south of San Francisco to Ensenada in Baja California, 
Mexico (Westman 1983). It ranges in elevation from sea level to about 
600 meters (m) (2,000 feet (ft)) in inland sites in the southerly 
portion of its distribution (O'Leary 1990).
    Acanthomintha ilicifolia grows in heavy clay soils in open areas of 
coastal sage-scrub, chaparral, and native grassland in San Diego County 
and northern Baja California, Mexico. Dudleya stolonifera is primarily 
restricted to weathered bluffs and rock outcrops in microhabitats 
within coastal sage scrub or chaparral. D. stolonifera is found only in 
the vicinity of Laguna Beach (Orange County). Hemizonia conjugens 
occurs in southern coastal San Diego County and northern Baja 
California, Mexico, and is typically found in clay soils on slopes and 
mesas within coastal sage scrub or grassland habitats. Monardella 
linoides ssp. viminea primarily inhabits washes in coastal sage scrub 
or riparian scrub habitats. Populations of M. linoides ssp. viminea, 
concentrated in the Miramar area of San Diego County, extend south into 
Baja California, Mexico.
    Typically, areas with Mediterranean climates such as southern 
California have numerous rare, locally endemic species (Stebbins and 
Major 1965, Cody 1986). Southern California has the highest 
concentration of locally endemic plant species in the United 

[[Page 40550]]
States (Gentry 1986) and currently experiences one of the highest human 
population growth rates in the country. Habitat destruction or 
modification adversely affects taxa native to this area by reducing 
population densities and contributing to habitat fragmentation. Rapid 
urbanization and agricultural conversion in Orange and San Diego 
Counties has already eliminated or reduced populations of the four 
plant taxa addressed in this proposed rule. These species have also 
been adversely affected by the invasion of non-native plants, off-road 
vehicle use, increased erosion, grazing, and trampling by humans.
    By the 1980's, nearly 90 percent of the entire coastal sage scrub 
ecosystem in California had been lost (Westman 1981a, 1981b). In San 
Diego County, 95 percent of the native perennial grasslands and nearly 
60 percent of the coastal sage scrub had been eliminated as a result of 
urban and agricultural development (Oberbauer and Vanderweir 1991, San 
Diego Association of Governments 1995). From 1950 to 1990, the human 
population of San Diego County increased by 349 percent and the 
population of Orange County increased by 1,015 percent (California 
Department of Finance 1993). Most of these increases occurred within or 
near sites historically occupied, in part, by coastal sage scrub. About 
125,000 acres of coastal sage scrub remain in San Diego County (Service 
1991). Between 1990 and 2015, the number of occupied housing units in 
San Diego County is expected to increase by 69 percent (San Diego 
Association of Governments 1991). The trend of habitat loss and 
fragmentation is expected to continue as the population of southern 
California expands.
    Populations of the proposed taxa in Baja California are also 
threatened by land use practices. For example, Bowler (1990) and 
Oberbauer (1994) reported that coastal scrub vegetation in northern 
Baja California is being grazed, burned to increase grass production, 
and rapidly converted to row-crop agriculture or condominiums, 
campgrounds, and resort housing. Rea and Weaver (as cited in Atwood 
1990) also noted that coastal sage scrub in Baja California ``. . . has 
been seriously degraded by burning, grazing, and conversion to 
vineyards during the past two decades.''
Discussion of the Four Species Proposed for Listing

    Acanthomintha ilicifolia (San Diego thornmint) was first described 
by Asa Gray as Calamintha ilicifolia, based on a type specimen 
collected from ``lower California,'' (Gray 1872). Gray (1878) 
subsequently renamed the species A. ilicifolia. A. ilicifolia is an 
annual aromatic herb of the mint family (Lamiaceae). Members of the 
genus have whorled flowers subtended by a pair of leaves and several 
sharply-spined bracts. A. ilicifolia can be distinguished from other 
members of the genus by its hairless anthers and style. The tubular, 
two-lipped corollas are white with rose markings on the lower lip.
    Acanthomintha ilicifolia usually occurs on clay soils in open 
patches of coastal sage scrub and chaparral of coastal San Diego County 
and south to San Telmo in northern Baja California, Mexico. This taxon 
is considered to be ``. . . one of the most restricted clay soil 
endemics'' (Oberbauer 1993). It is frequently associated with gabbro 
soils derived from igneous rock, and also occurs in calcareous marine 
sediments. About 40 percent of the known 35 historic populations of A. 
ilicifolia in the United States have been extirpated. Currently, about 
40,000 individuals are distributed over 20 sites in the United States 
ranging from San Marcos east to Alpine and south to Otay Mesa (San 
Diego County) (California Native Natural Diversity Data Base (CNNDDB) 
1994, Reiser 1994). At least nine sites are known to have recently 
supported A. ilicifolia in Baja California, Mexico. The status of this 
species in Mexico is uncertain.
    Dudleya stolonifera (Laguna Beach liveforever) was first described 
by Reid Moran (1949), based on a specimen collected in 1948 from Aliso 
Canyon (Orange County). This succulent perennial member of the 
stonecrop family (Crassulaceae) has basal rosettes of flat, oblong, 
bright green leaves that arise from a woody base. Its flowers have 
bright yellow-green petals that are fused near their base. D. 
stolonifera is distinguished by its branching stolons, with lateral 
vegetative branches that arise from the basal rosette (Moran 1977). D. 
stolonifera occurs on steep cliffs in canyons near Laguna Beach. This 
species is known from only six populations, comprising a total of 8,000 
to 10,000 individuals (Fred Roberts, Service botanist, pers. comm. 
1994).
    Hemizonia conjugens (Otay tarweed) was first described by David D. 
Keck (1958) based on a specimen collected by L.R. Abrams from river 
bottom land in the Otay area of San Diego. H. conjugens, a glandular, 
aromatic annual of the sunflower family (Asteraceae), has a branching 
stem from 5 to 25 centimeters (2 to 9.8 inches) in height, and deep 
green or gray-green leaves with soft, shaggy hairs. The yellow flower 
heads are composed of 8 to 10 ray flowers and 13 to 21 disk flowers 
with hairless or sparingly downy corollas. The phyllaries are keeled 
with short-stalked glands and large, unstalked, flat glands near the 
margins. H. conjugens occurs within the range of H. fasciculata and H. 
paniculata. Certain morphological characteristics of H. conjugens are 
intermediate between those of the closely related species, H. 
fasciculata and H. paniculata (Tanowitz 1982). H. conjugens can be 
distinguished from other members of the genus by its keeled phyllaries, 
black anthers, and its number of disk and ray flowers.
    Hemizonia conjugens has a very limited distribution, consisting of 
15 populations near Spring Valley in southern San Diego County and one 
population in Baja California, Mexico (Rieser 1994; Sandy Morey, 
Endangered Plants Program Coordinator, California Department of Fish 
and Game, in litt. 1994). Three of the 18 historic localities of H. 
conjugens in the United States are considered to be extirpated (Hogan 
1990, S. Morey in litt. 1994). This taxon is restricted to clay soils 
in coastal sage scrub and grassland habitats. H. conjugens appears to 
tolerate mild levels of disturbance such as light grazing (Dr. Barry 
Tanowitz, University of California, Santa Barbara, in litt. 1977; Hogan 
1990). Such mild disturbances may create sites necessary for 
germination (Tanowitz 1977), but the species is threatened by 
activities such as development and intensive agriculture. Until its 
rediscovery in Baja California in 1977, this species was considered to 
be extinct as a result of extensive development within its range 
(Tanowitz 1978).
    Monardella linoides.ssp. viminea was first described in 1902 by 
Edward L. Greene, who named it Monardella viminea, from a type specimen 
collected by Vassey in 1880 (Greene 1902). Greene (1906) subsequently 
renamed the plant Madronella viminea. Munz (1935) reduced the rank of 
Monardella viminea to a subspecies of Monardella linoides. Monardella 
linoides ssp. viminea is a perennial herb of the mint family 
(Lamiaceae) with a woody base and aromatic foliage. The leaves of this 
species are linear to lanceolate. Its pale white to rose-colored 
flowers are borne in dense terminal heads subtended by greenish-white, 
often rose-tipped bracts. This taxon can be distinguished from other 
members of the genus by its glaucous-green, hairy stem and its 
conspicuously gland-dotted bracts. Monardella linoides ssp. viminea 
often grows in sandy washes and floodplains, and is frequently 
associated with 

[[Page 40551]]
Eriogonum fasciculatum (California buckwheat), Platanus racemosa 
(sycamore), Quercus agrifolia (coast live oak), Artemisia californica 
(California sagebrush), and Baccharis sarothroides (coyote-bush) 
(Scheid 1985).
    Approximately 6,000 individuals of Monardella linoides ssp. viminea 
from 20 populations are thought to be extant in the United States. This 
taxon was previously known from 27 occurrences in the United States. 
All but one population of approximately 200 individuals occurs between 
Penasquitos Canyon and Mission Gorge in San Diego County. Fifteen 
populations have fewer than 100 plants, and 6 of these contain fewer 
than 15 individuals. One population occurs near Arroyo Jatay in 
northern Baja California, Mexico.
Previous Federal Actions

    Federal government action on the four plant taxa considered 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 endangered, threatened, or extinct. This report, 
designated as House Document No. 94-51, was presented to Congress on 
January 9, 1975, and listed Acanthomintha ilicifolia, Dudleya 
stolonifera, Monardella linoides ssp. viminea, and Hemizonia conjugens 
as endangered. The Service published a notice on July 1, 1975 (40 FR 
27823), of its acceptance of the report of the Smithsonian Institution 
as a petition within the context of section 4(c)(2) (now section 
4(b)(3)) of the Act, and of its intention thereby to review the status 
of the plant taxa named therein. A. ilicifolia, D. stolonifera, H. 
conjugens, and M. linoides ssp. viminea were included in the July 1, 
1975, notice. On June 16, 1976, the Service published a proposal (41 FR 
24523) to determine approximately 1,700 vascular plant species to be 
endangered species pursuant to section 4 of the Act. The list of 1,700 
plant taxa was assembled on the basis of comments and data received by 
the Smithsonian Institution and the Service in response to House 
Document No. 94-51 and the July 1, 1975, publication. A. ilicifolia, D. 
stolonifera, H. conjugens, and M. linoides ssp. viminea were also 
included in the June 16, 1976, proposal.
    General comments received in response to the 1976 proposal were 
summarized in an April 26, 1978, notice (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 June 16, 1976, 
proposal, along with four other proposals that had expired.
    The Service published a Notice of Review for plants on December 15, 
1980 (45 FR 82480). This notice included Acanthomintha ilicifolia, 
Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp. 
viminea as category 1 candidate taxa (species for which data in the 
Service's possession are sufficient to support a proposal for listing). 
On November 28, 1983, the Service published in the Federal Register (48 
FR 53640) a supplement to the 1980 Notice of Review. This supplement 
treated A. ilicifolia, M. linoides ssp. viminea, and H. conjugens as 
category 2 candidate taxa (species for which data in the Service's 
possession indicate listing may be appropriate, but for which 
additional biological information is needed to support a proposed 
rule). In the September 27, 1985, revised Notice of Review for plants 
(50 FR 39526), D. stolonifera was included as category 1 species; and 
A. ilicifolia, H. conjugens, and M. linoides ssp. viminea were included 
as category 2 taxa. Enough data were subsequently gathered to include 
A. ilicifolia as a category 1 species in the February 21, 1990, Federal 
Register (50 FR 45242). The plant Notice of Review was again revised on 
September 30, 1993 (58 FR 51144). The status of D. stolonifera and A. 
ilicifolia remained as category 1 candidate species; H. conjugens and 
M. linoides ssp. viminea remained as category 2 candidate species.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on certain pending petitions within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further requires that 
all petitions pending on October 13, 1982, be treated as having been 
newly submitted on that date. This was the case for all the species 
presently being proposed, because the 1975 Smithsonian report that 
included these species was accepted as a petition. On October 13, 1983, 
the Service found that the petitioned listing of these species was 
warranted, but that the listing of these species was precluded by other 
pending listing actions of higher priority pursuant to section 
4(b)(3)(c)(i) of the Act. The finding was reviewed in October 1984 
through 1993.
    In 1990, the Service received a petition to list Hemizonia 
conjugens (dated December 14, 1990) as endangered and a petition to 
list Acanthomintha ilicifolia (undated) as endangered from David Hogan 
of the San Diego Biodiversity Project. These petitions also requested 
the designation of critical habitat. A. ilicifolia and H. conjugens 
were included in the Smithsonian Institution's Report of 1975 that had 
been accepted as a petition. The Service, therefore, regarded Mr. 
Hogan's petitions to list these two taxa as second petitions.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act and regulations (50 CFR 
part 424) promulgated to implement the listing provisions of the Act 
set forth the procedures for adding species to the Federal lists. A 
species may be determined to be endangered or threatened due to one or 
more of the five factors described in section 4(a)(1). The threats 
facing these four taxa are summarized in Table 1. These factors and 
their application to Acanthomintha ilicifolia (Gray). Gray (San Diego 
thornmint), Dudleya stolonifera Moran (Laguna Beach liveforever), 
Hemizonia conjugens Keck (Otay tarweed), and monardella linoides ssp. 
viminea (Greene) Abrams (willowy monardella) are as follows:

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                                Trampling    Alien plant                                             Alteration 
                                 grazing       species        ORV*      Urbanization     Mining     of hydrology
----------------------------------------------------------------------------------------------------------------
Acanthomintha ilicifolia....            X             X             X             X             X               
Dudleya Stolonifera.........            X             X                           X                             
Hemizonia Conjugens.........            X                           X             X                             
Monardella linoides ssp.                                                                                        
 viminea....................            X             X             X             X                             
----------------------------------------------------------------------------------------------------------------
*ORV=Off-road Vehicle.                                                                                          


[[Page 40552]]

    A. The present or threatened destruction, modification, or 
curtailment of their habitat or range. The rapid urbanization of 
coastal southern California imminently threatens the four taxa in this 
proposed rule. Many of the same factors threatening Acanthomintha 
ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea 
in the United States (urban and agricultural development) are 
threatening these species in Baja California, Mexico.
    Of the 35 historically known populations of Acanthomintha 
ilicifolia in the United States, 15 have been extirpated by residential 
or commercial developments. In addition, off-road vehicle activity and 
trampling by cattle and humans have contributed to the decline of this 
species. Thirteen of the remaining 20 populations of A. ilicifolia 
occur on unprotected land, and several of these are declining rapidly. 
For example, a site near Rancho Santa Fe supported hundreds of plants 
in 1978, but only three plants in 1986 (CNNDDB 1994). The habitat in 
this area was degraded, apparently from the impacts of adjacent 
development (CNNDDB 1994). A population of A. ilicifolia in Encinitas 
contained 11,000 plants in 1989, but only 1,400 in 1992. This 
population is threatened by trampling and soil erosion (Robert Taylor, 
botanical consultant, pers. comm. 1992). Another locality was partially 
extirpated by an unauthorized haul road, which eliminated 60 to 70 
percent of the population (CNNDDB 1994).
    Five of the known remaining locations of Acanthomintha ilicifolia 
occur on protected land. Two populations occur on the Cleveland 
National Forest (Viejas Mountain and Poser Mountain). Two populations 
are found in parks owned by the City of San Diego (Penasquitos Canyon 
and Mission Trail). One population, located on McGinty Mountain, is 
managed by The Nature Conservancy and the California Department of Fish 
and Game. However, these localities are vulnerable to habitat 
degradation resulting from trampling, dumping, erosion, and off-road 
vehicle activity. The McGinty Mountain population is threatened by a 
proposed water tower project (Fred Sproul, botanical consultant, pers. 
comm. 1992). Roads adjacent to populations in the vicinity of McGinty 
Mountain and Penasquitos Canyon provide easy access for foot traffic 
and off-road vehicle use (Mike Kelly, Friends of Los Penasquitos 
Canyon, pers. comm. 1992). The Viejas Mountain population has been 
adversely affected by trampling impacts associated with grazing, 
resulting in increased erosion and the invasion of non-native plant 
species (Fred Sproul, pers. comm. 1992).
    The status of Acanthomintha ilicifolia and its habitat in 
northwestern Baja California, Mexico, is not well documented. The 
species is known to occur as far south as Las Escobas near San Quintin, 
but its distribution in Mexico is spotty (Reid Moran, pers. comm. 
1992). The San Diego Natural History Museum has herbarium specimens of 
A. ilicifolia from nine localities in Baja California, Mexico. However, 
little information is available on numbers of individuals or specific 
threats. One population near Tecate is threatened by an adjacent clay 
mining operation (Tom Oberbauer, senior planner, San Diego County, 
pers. comm. 1992). This northern region represents one of the most 
severely impacted areas in Baja California and many of the same factors 
(urban and agricultural development) that have affected the status of 
this taxon in the United States also threaten the species in Mexico.
    Approximately 8,000 to 10,000 individuals of Dudleya stolonifera in 
six locations are thought to be extant. Urban development and 
associated edge effects (see Factor E) threaten D. stolonifera. 
Approximately half of the Canyon Acres population of D. stolonifera has 
been cleared by the landowner (CNNDDB 1992).
    Habitat for Dudleya stolonifera is also degraded by adjacent land 
uses. The type locality for D. stolonifera is adjacent to urban 
development and is declining due to increased shading and competition 
from non-native plants (Kei Nakai, botanical consultant, pers. comm. 
1992). The largest population of D. stolonifera, located directly 
adjacent to residential development in Aliso Canyon (Orange County), is 
threatened by fuel modification and hydroseeding (City of Laguna Beach 
1993; Fred Roberts, pers. comm. 1994).
    Proposed development threatens the majority of the remaining 
populations of Hemizonia conjugens in the United States. In addition, 
much of the potentially suitable habitat for this species has been 
cleared for agriculture. Three of the 18 historic locations of H. 
conjugens are considered to be extirpated (Hogan 1990, S. Morey in 
litt. 1994). None of the existing populations are entirely protected. 
One population previously known from an open space easement in a 
residential area had 100 plants in 1987, but was subsequently reported 
as extirpated (Hogan 1990). The majority of remaining habitat for this 
species is degraded by illegal dumping and off-road vehicle activity. 
At least five of the remaining localities for H. conjugens are within 
proposed development projects, and one of these may already be 
extirpated. At least 80 percent of the largest known population (about 
60 percent of all known individuals) of this species is threatened by a 
proposed housing development (Dudek and Associates 1992, S. Morey in 
litt. 1994).
    Monardella linoides ssp. viminea was previously known from 27 
occurrences in the United States, seven of which have been extirpated 
by transportation projects and industrial development. Of the five 
remaining occurrences with at least 100 individuals, none are currently 
protected. The remaining populations of M. linoides ssp. viminea are 
threatened by urban development, sand and gravel mining, off-road 
vehicle activity, trampling, trash dumping, and erosion. One of the 
largest populations (2,000 to 3,000 individuals) is located on private 
property, on Federal land managed by the Navy, and on City-owned 
property (Sycamore Canyon City Park). This population has been damaged 
by off-road vehicles and fire, which continue to threaten the remaining 
populations of this taxon. Two populations on Miramar Naval Air Station 
land have been partially destroyed by road construction. The other two 
large populations of M. linoides ssp. viminea are on private property. 
One of these (approximately 340 individuals) is threatened by sand and 
gravel mining. The other population, with approximately 200 
individuals, is on property proposed for development. Habitat for this 
taxon in Los Penasquitos City Regional Park is degraded by stream 
erosion, trash dumping, and the invasion of non-native species. Another 
population in San Clemente Park, owned by the City of San Diego, was 
reported to have approximately 60 plants in the-early 1980's, but 
contained fewer than 35 plants in 1987 (CNNDDB 1992).
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Dudleya stolonifera is threatened by 
overcollection. Field-collected specimens of Dudleya stolonifera have 
been found in southern California nurseries, and are likely to be 
harvested for private collections (Kei Nakai, horticulturalist, in 
litt. 1978, and pers. comm. 1992). D. stolonifera and Monardella 
linoides ssp. viminea are known to be in cultivation (Mike Evans, Tree 
of Life Nursery, in litt. 1987; Hickman 1993). Overutilization is not 
known to be a factor for the other taxa in this proposed rule.
    C. Disease or predation. Herbivory may threaten some populations of 
the plants contained in this proposed rule. For example, failure of the 


[[Page 40553]]
Acanthomintha ilicifolia transplants at Quail Gardens was attributed 
primarily to rabbit predation (Don Miller, Quail Gardens, pers. comm. 
1992). Herbivory by rabbits has also been identified as a threat to 
populations of Monardella linoides ssp. viminea in San Clemente Park 
(John Rieger, biologist, California Department of Transportation, pers. 
comm. 1992).
    D. The inadequacy of existing regulatory mechanisms. Existing 
regulatory mechanisms that could provide some protection for these taxa 
include: (1) the Federal Endangered Species Act in cases where these 
taxa occur in habitat occupied by a listed species; (2) conservation 
provisions under the Federal Clean Water Act; (3) listing under the 
California Endangered Species Act; (4) the California Environmental 
Quality Act; (4) implementation of conservation plans pursuant to the 
California Natural Community Conservation Planning program; (5) land 
acquisition and management by Federal, State, or local agencies or by 
private groups and organizations; (6) local laws and regulations; and 
(7) enforcement of Mexican laws.
    The coastal California gnatcatcher (Polioptila californica 
californica) is listed as a threatened species under the Act, and 
occurs in some of the areas occupied by these four plant taxa. However, 
the legal authority to protect the gnatcatcher does not extend to 
candidate species. For example, the City of San Diego has recently 
approved plans for a large-scale development project that will result 
in significant impacts to the California gnatcatcher and coastal sage 
scrub. No mitigation for impacts to Hemizonia conjugens has been 
recommended by the project proponent (Ellen Berryman, Service 
biologist, pers. comm. 1994) Currently, the Service is working with 
local fire management agencies in San Diego County on a cooperative 
agreement that would allow for incidental take of the California 
gnatcatcher within 30 m (100 ft) of existing development. If 
implemented, this agreement may result in additional impacts to several 
of the taxa here proposed (John Lovio, Service biologist, pers. comm. 
1995).
    Conservation agreements with other Federal agencies may reduce the 
decline of some species to the point at which listing as threatened or 
endangered would not be appropriate. However, conservation agreements 
with other Federal agencies would not appreciably benefit most of the 
taxa in this rule. Two of the four taxa (Dudleya stolonifera and 
Hemizonia conjugens) do not occur on Federal lands, and only a small 
fraction of the populations of Acanthomintha ilicifolia occur on 
Federal lands (two of 14 populations). It is unlikely that a 
Conservation Agreement with the Forest Service on these populations 
would significantly affect the decline of the species. About one-half 
of the extant Monardella linoides ssp. viminea populations occur on 
private land and the distribution of this taxon, frequently 
characterized by small populations, is extremely restricted. A 
conservation agreement with the Navy would not reduce the decline of 
this taxon over a significant portion of its range.
    Monardella linoides ssp. viminea could potentially be affected by 
projects requiring a permit from the Army Corps of Engineers under 
section 404 of the Clean Water Act. Although the objective of the Clean 
Water Act is to ``restore and maintain the chemical, physical, and 
biological integrity of the Nation's waters'' (Pub. L. 92-500), which 
includes navigable and isolated waters, headwaters, and adjacent 
wetlands, there are no specific provisions that adequately address the 
need to conserve candidate species such as those considered herein. 
Candidate species receive no special consideration under section 404 of 
the Clean Water Act.
    The California Fish and Game Commission has listed Acanthomintha 
ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea 
as endangered and Dudleya stolonifera as threatened under the Native 
Plant Protection Act (chapter 10 section 1900 et seq. of the Fish and 
Game Code) and California Endangered Species Act (chapter 1.5 section 
2050 et seq.). Though both statutes prohibit the ``take'' of State-
listed plants (sections 1908 and 2080), State law exempts the taking of 
such plants via habitat modification or land use change by a landowner. 
After the Department notifies a land owner 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 plants'' (chapter 10 section 
1913). Although H. conjugens is listed as endangered by the State, at 
least two large-scale development projects have recently been approved 
by the City of San Diego that will have significant, unmitigated 
impacts on this species and its associated grassland/coastal sage scrub 
habitat (Ellen Berryman, pers. comm. 1994).
    The majority of the known populations of Acanthomintha ilicifolia, 
Dudleya stolonifera, and Hemizonia conjugens occur on privately-owned 
land. Local and county zoning designations are subject to change and 
may not adequately consider the needs of sensitive species in the 
establishment of open space areas. The few existing resource protection 
ordinances are subject to interpretation, and compliance is not 
required in cases where findings of overriding social and economic 
considerations are made. In many cases, land-use planning decisions are 
made on the basis of environmental review documents prepared as a 
requirement of the California Environmental Quality Act (CEQA) or the 
National Environmental Policy Act. These documents have not adequately 
addressed potential impacts to the four taxa or offered sufficient 
compensation for losses that continue to contribute to net loss of 
habitat. As an example, impacts to biological resources associated with 
two large-scale residential development projects (approximately 98 
hectares (ha) (244 acres (ac)) and 266 ha (665 ac)) in the vicinity of 
Otay Mesa, occupied in part by H. conjugens, are considered to be 
significant even after all mitigation measures are implemented. 
Nonetheless, statements of overriding considerations were developed, 
and both projects were recently approved by the San Diego City Council 
(Ellen Berryman, pers. comm. 1994).
    Transplantation and relocation projects are frequently used to 
compensate for the loss of rare plant species under CEQA. Hall (1987) 
and Fiedler (1991) document several attempts at transplanting 
Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella linoides 
ssp. viminea. In one transplantation project for A. ilicifolia, 
maintenance and monitoring was scheduled for a period of 5 years. 
Subsequently, all records of the project were lost and the new property 
owner claimed no responsibility for the project. This site was 
destroyed by trash dumping and off-road vehicle use (Hall 1987). At 
least six of the eight transplant populations of this species are 
either rapidly declining or have been extirpated, largely as a result 
of weed invasion (Fred Sproul, Mitch Beauchamp, Robert Taylor, 
botanical consultants, pers. comm. 1992). Although two of the 
transplanted A. ilicifolia populations (Sabre Springs and San Pasqual) 
are somewhat stable, they are not likely to survive when weeding is 
discontinued (Robert Taylor, pers. comm. 1992). One year after 45 
individuals of M. linoides ssp. viminea were transplanted by the 
California Department of Transportation, only four had survived (Hall 
1987). Of the 53 transplantation, relocation, or reintroduction 
projects reviewed by 

[[Page 40554]]
Fiedler (1991), only 15 percent were considered to be fully successful. 
None of these included A. ilicifolia, H. conjugens, or M. linoides ssp. 
viminea. Transplantation has not yet been demonstrated to provide for 
the long-term viability of any of the four taxa under consideration in 
this proposed rule.
    In 1991, the State of California established the Natural 
Communities Conservation Planning (NCCP) Program to address 
conservation needs of natural ecosystems throughout the State. The 
initial focus of the program is the coastal sage scrub community 
occupied, in part, by these four taxa. Acanthomintha ilicifolia, 
Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp. 
viminea have been included as taxa for consideration under the coastal 
sage scrub NCCP Program. Several regional plans, the Multi-species 
Conservation Plan (MSCP) and the Multi-habitat Conservation Plan (MHCP) 
of San Diego County, and the Central/Coastal Subregional NCCP/Habitat 
Conservation Plan (Central/Coastal NCCP) of Orange County are under 
development by a consortium of county and municipal governments and 
other parties, including the California Department of Fish and Game and 
Service. Though no plans have been completed to date, progress is 
currently being made and significant protection will be provided by the 
NCCP program for the four taxa.
    If adopted and implemented, the Central/Coastal NCCP as currently 
proposed may preclude the need to list Dudleya stolonifera. The 
Central/Coastal NCCP proposes protection for about 80 percent of the D. 
stolonifera populations in the San Joaquin Hills of Orange County. The 
largest population (about 40 percent of all individuals) would not be 
included within the preservation boundary. However, this population 
(Big Bend, Laguna Canyon) occurs on a rugged cliff and already receives 
some protection and management from the City of Laguna Beach which has 
recognized the significance of this locality since 1982.
    While Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella 
linoides ssp. viminea will benefit from the MSCP and MHCP planning 
efforts in San Diego County, these planning efforts have yet to be 
approved. If adopted and implemented, the plans may preclude the need 
to list one or more of these taxa. About 70 percent of the United 
States populations of A. ilicifolia occur within the MSCP subregion, 
including eight of 11 major populations. Four of these eight major 
populations are not adequately conserved by the proposed preserve 
within the subregion, and other major populations are protected but 
subject to edge effects. The MHCP contains about 25 percent of the 
United States populations of A. ilicifolia, including two major 
populations. These populations are adequately protected.
    All of the United States populations of Hemizonia conjugens occur 
within the MSCP subregion. Two of the major populations, containing 
about 70 percent of all known individuals, are within proposed 
development projects that would fragment the remaining habitat. The 
five remaining major populations (containing about 25 percent of all 
individuals) may be subject to edge effects. The Service is working 
with local jurisdictions and landowners to protect these populations.
    While about 95 percent of the United States range of Monardella 
linoides ssp. viminea occurs within the MSCP subregion, only about 20 
percent occurs outside Miramar Naval Air Station. Though Miramar is not 
participating in the MSCP, the Navy is working on a management plan 
with the advice of the Service. At least one additional small 
population occurs within the Poway Habitat Conservation Plan area. 
Current efforts in the MSCP and Poway, while proposing adequate 
conservation within their respective areas, are not enough to preclude 
listing. However, with the completion of the Navy's management plan, M. 
linoides ssp. viminea should be adequately protected.
    Populations of Acanthomintha ilicifolia on Federal land (Cleveland 
National Forest) are being negatively affected by unauthorized grazing 
and illegal shooting and dumping (Winter 1991). The most significant 
populations of Monardella linoides ssp. viminea occur on Federal land 
at Miramar Naval Air Station. Though no management plan exists for this 
taxon, Miramar is nearing the completion of a draft plan. Management of 
the Naval Air Station will soon be transferred to the United States 
Marine Corps, which will participate in the planning effort.
    The ranges of Acanthomintha ilicifolia, Hemizonia conjugens, and 
Monardella linoides ssp. viminea extend into northern Baja California, 
Mexico. Mexico has laws that could provide protection to rare plants; 
however, enforcement of these laws is lacking (Service 1992).
    On July 29, 1983, Dudleya stolonifera was included in Appendix I of 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES). CITES is a treaty established to prevent 
international trade that may be detrimental to the survival of plants 
and animals. Generally, both import and export permits are required 
from the importing and exporting countries before an Appendix I species 
may be shipped, and Appendix I species may not be exported for 
primarily commercial purposes. However, plants that are certified by 
the Service as artificially propagated in accordance with CITES 
conference resolutions may be exported for commercial purposes with 
only CITES export documents from the exporting country. CITES permits 
may not be issued if the export will be detrimental to the survival of 
the species or if the specimens were not legally acquired. However, 
CITES does not regulate take or domestic trade.
    E. Other natural or manmade factors affecting their continued 
existence. At least two of the taxa in this proposed rule, Dudleya 
stolonifera and Monardella linoides ssp. viminea, are threatened with 
stochastic (random) extinction by virtue of their small population 
sizes. Chance events, such as floods, fires, or drought, can 
substantially reduce or eliminate populations and increase the 
likelihood of extinction. In addition, small populations are threatened 
by inbreeding depression (Lande 1988, Ellstrand 1992). Small 
populations can have significantly lower germination rates than larger 
populations of the same species due to high levels of homozygosity 
(Menges 1991). Local extinctions of plant species can occur in areas 
with a high degree of environmental stochasticity (e.g. large 
fluctuations in rainfall, etc.). Furthermore, Acanthomintha ilicifolia 
and Hemizonia conjugens are annuals that undergo large population 
fluctuations from year to year. Annuals may not have a persistent seed 
bank or may be unable to recolonize areas of suitable habitat due to 
dispersal barriers such as intervening development. These populations 
are particularly vulnerable to local extirpations.
    Non-native grass and forb species have invaded many of southern 
California's plant communities. Their presence and abundance is 
generally an indirect result of habitat disturbance by development, 
mining, grazing, discing, and alteration of hydrology. The invasion of 
both native and non-native wetland plant species as a result of altered 
drainage patterns threatens habitat for Monardella linoides ssp. 
viminea (Scheid 1985). Grazing negatively affects Acanthomintha 
ilicifolia by increasing erosion, contributing to soil compaction, and 
introducing a variety of non-native 

[[Page 40555]]
grasses that exclude A. ilicifolia from areas of otherwise suitable 
habitat (Winter 1991). Several populations of Dudleya stolonifera are 
threatened by trampling and the invasion of exotic plant species (Marsh 
1992). All four taxa in this proposal are subject to displacement by 
exotic plant species.
    Although many coastal sage scrub and chaparral species are adapted 
to periodic fires, the taxa in this proposal are threatened by fire 
that can result in the extirpation of individuals or entire populations 
of these species. In addition, the disruption in natural fire cycles 
can also result in the conversion of coastal sage scrub or chaparral 
habitats into non-native grasslands (Tyrrel 1982). For example, several 
catastrophic wildfires in 1993 burned over 16,000 ha (40,000 ac) of 
coastal sage scrub and associated habitats in Orange and San Diego 
Counties (Service, unpublished data). These fires affected three of the 
six remaining populations of Dudleya stolonifera. Due to the intensity 
of these burns, it is possible that some of the affected D. stolonifera 
populations will not fully recover.
    Dudleya stolonifera, Hemizonia conjugens, Acanthomintha ilicifolia, 
and Monardella linoides ssp. viminea generally persist as small, 
isolated populations surrounded by urban or agricultural development. 
Much of the remaining habitat for these taxa is degraded, and is 
threatened by off-road vehicle activity, the invasion of nonnative 
plants, and trampling by cattle and humans. These four species are in 
danger of extinction throughout all or a significant portion of their 
ranges. The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these four taxa in determining to propose this 
rule. Based on this evaluation, the Service finds that the preferred 
action is to list Dudleya stolonifera, Hemizonia conjugens, 
Acanthomintha ilicifolia, and Monardella linoides ssp. viminea as 
endangered. These four taxa are threatened by one or more of the 
following factors: urbanization, agricultural conversion, off-road 
vehicle activity, stochastic events, overcollecting, trampling, and the 
invasion of nonnative species.
    Critical habitat is not being proposed for these taxa for the 
reasons discussed below.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
considerations or protection and; (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
a species is listed. 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.
    The Service finds that the designation of critical habitat is not 
prudent for these four species at this time. Publication of precise 
maps and descriptions of critical habitat would increase the degree of 
threat to the four taxa from take or vandalism and could contribute to 
their decline. The listing of these species under the Act publicizes 
the rarity of the plants and, thus, can make them attractive to 
researchers, curiosity seekers, or collectors of rare plants. Dudleya 
stolonifera and Monardella linoides ssp. viminea are known to be in 
cultivation.
    Most populations of Acanthomintha ilicifolia, Dudleya stolonifera, 
and Hemizonia conjugens are on privately owned land with little or no 
Federal involvement. Therefore, the designation of critical habitat 
would provide no additional benefit for these taxa. Several populations 
of Monardella linoides ssp. viminea are found on Federal land at 
Miramar Naval Air Station. In addition, this taxon generally occurs 
along streams and washes where Federal involvement may occur through 
section 404 of the Clean Water Act. All appropriate Federal and State 
agencies and local planning agencies have been notified of the 
locations and importance of protecting habitat for these species. 
Protection of habitat for the four taxa will be addressed through the 
recovery process and through the section 7 consultation process. 
Therefore, the Service finds that designation of critical habitat for 
these species is not prudent at this time, because such designation 
would increase the degree of threat from vandalism, collecting, or 
other human activities and because it is unlikely to aid in the 
conservation of the taxa.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain activities. Recognition through listing results in 
public awareness and conservation actions by Federal, State, local, 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) of the Act requires Federal agencies to 
confer with the Service on any action that is likely to jeopardize the 
continued existence of a species proposed for listing or result in 
destruction or adverse modification of proposed critical habitat. If a 
species is listed subsequently, section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of such a species 
or to destroy or adversely modify its critical habitat. If a Federal 
action may affect a listed species or its critical habitat, the 
responsible Federal agency must enter into consultation with the 
Service.
    Federal agencies expected to have involvement with Monardella 
linoides ssp. viminea include the Army Corps of Engineers and the 
Environmental Protection Agency due to their permit authority, under 
section 404 of the Clean Water Act. M. linoides ssp. viminea occurs on 
Miramar Naval Air Station. This base will likely be involved through 
military activities or potential transfer of excess Federal lands. The 
Forest Service has jurisdiction over several populations of 

[[Page 40556]]
Acanthomintha ilicifolia. M. linoides ssp. viminea may be affected by 
projects funded in part by the Federal Highway Administration.
    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 17.61 and 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 
in interstate or foreign commerce, or remove and reduce the species to 
possession from areas under Federal jurisdiction. In addition, for 
plants listed as endangered, the Act prohibits the malicious damage or 
destruction on areas under Federal jurisdiction and the removal, 
cutting, digging up, or damaging or destroying of such plants in 
knowing violation of any State law or regulation, including State 
criminal trespass law. Certain exceptions to the prohibitions apply to 
agents of the Service and State conservation agencies.
    The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the 
issuance of permits to carry out otherwise prohibited activities 
involving endangered or threatened plants under certain circumstances. 
Such permits are available for scientific purposes and to enhance the 
propagation or survival of the species. It is anticipated that permits 
may be sought for cultivated specimens, since two of the taxa are known 
to be under cultivation and are in domestic trade.
    It is the policy of the Service (59 FR 36272) 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. Such information is intended to clarify the potential 
impacts of a species' listing on proposed and ongoing activities within 
the species' range. Three of the four species in this rule are known to 
occur on lands under the jurisdiction of the Forest Service or the 
Department of Defense. Collection, damage, or destruction of listed 
plants on these lands is prohibited without a Federal endangered 
species permit. Such activities 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.
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Carlsbad Office (see ADDRESSES section). Requests for 
copies of the regulations regarding listed species and inquiries about 
prohibitions and permits may be addressed to the U.S. Fish and Wildlife 
Service, Ecological Services, Endangered Species Permits, 911 NE Lith 
Avenue, Portland, Oregon 97232-4181 (503) 231-2063 or FAX (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 species.
    Final decisions on these species will take into consideration the 
comments and any additional information received by the Service, and 
such communications may lead to a final regulation that differs from 
this proposal.
    The Endangered Species Act provides for one or more public hearings 
on this proposal, if requested. Requests must be received by September 
25, 1995. Such requests must be made in writing and be 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 and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited in this proposal is 
available upon request from the Carlsbad Field Office (see ADDRESSES 
section).

Author

    The primary authors of this proposed rule are Ellen Berryman and 
Edna Rey-Vizgirdas (see ADDRESSES section) (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) * * *

                                                                                                                

[[Page 40557]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species                                                                                                                           
---------------------------------------------------      Historic range             Family name          Status    When listed    Critical     Special  
     Scientific name             Common name                                                                                      habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Flowering Plants                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Acanthomintha ilicifolia  San Diego thornmint.....  U.S.A. (CA).............  Lamiaceae..............  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Dudleya stolonifera.....  Laguna Beach liveforever  U.S.A. (CA).............  Crassulaceae...........  E                                 NA           NA
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Hemizonia conjugens.....  Otay tarweed............  U.S.A. (CA) Mexico......  Asteraceae.............  E                                 NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Monardella linoides ssp.  Willowy monardella......  U.S.A. (CA) Mexico......  Lamiaceae..............  E                                 NA           NA
 viminea.                                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: July 5, 1995.
Mollie Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-19714 Filed 8-8-95; 8:45 am]
BILLING CODE 4310-55-P