[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33368-33374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15925]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC98


Endangered and Threatened Wildlife and Plants; Endangered Status 
for the Plant Lessingia Germanorum (San Francisco Lessingia) From 
California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act) for Lessingia germanorum (San Francisco lessingia), a 
plant from the San Francisco peninsula of California. L. germanorum 
occurs in central dune scrub habitats. It is known from five sites on 
the Presidio in San Francisco County, and one site on San Bruno 
Mountain in San Mateo County, California. This taxon has been affected 
by and is endangered by competition from invasive alien plants, shading 
by alien and native plants, urban development, bulldozing, sand 
quarrying, fertilizer-contaminated run-off, habitat damage and 
trampling by pedestrians, bicycles, and off-road vehicles, and other 
human activities. Because of its small population size and extremely 
restricted distribution, L. germanorum is also subject to an increased 
risk of extinction from natural events. This rule implements Federal 
protection and provisions provided by the Act. A notice of withdrawal 
of the proposal to list Arctostaphylos

[[Page 33369]]

imbricata (San Bruno Mountain manzanita), which was proposed for 
listing along with L. germanorum, is published concurrently with this 
notice.

EFFECTIVE DATE: July 21, 1997.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the 
Sacramento Field Office, U.S. Fish and Wildlife Service, 3310 El Camino 
Avenue, Sacramento, California 95821-6340.

FOR FURTHER INFORMATION CONTACT: Kirsten Tarp, Sacramento Field Office 
at the above address or by telephone at 916-979-2120.

SUPPLEMENTARY INFORMATION:

Background

    Lessingia germanorum (San Francisco lessingia) is endemic to the 
northern San Francisco peninsula in California where it is found within 
central dune scrub habitats. Natural habitats of the northern San 
Francisco peninsula have undergone extensive change as a result of 
human activities. The northern part of the San Francisco peninsula is 
highly urbanized. By 1984, over 90 percent of the northern peninsula's 
natural habitats had been disturbed or eliminated (Orsak and Schooley 
1984). Urbanization has eliminated L. germanorum from part of its 
range, and intensive commercial and residential development are 
ongoing. Urban development has also fragmented the remaining habitats 
for this plant. Habitat fragmentation increases the risk of extinction 
due to a natural event such as a pest or disease outbreak or 
reproductive failure (populations of annual species especially are 
affected by reproductive failure). Human activities such as bulldozing, 
sand quarrying, fertilizer use, and pedestrian, bicycle, and off-road 
vehicle traffic also threaten the few remaining occurrences of this 
plant.
    Lessingia germanorum was described by Adelbert von Chamisso in 
1829, who first collected it in 1816 on the sand hills of San 
Francisco, California (Howell 1929). Chamisso named it in honor of the 
Lessings, a German family of scientists and authors. Howell (1929) 
recognized 11 varieties of L. germanorum. Under the rules for botanical 
nomenclature, when a new subspecies is described for a species not 
previously divided into infraspecific taxa, an autonym (an 
automatically created name) is created (i.e., L. germanorum var. 
germanorum). Howell distinguished L. germanorum var. germanorum from 
the other varieties by the presence of few glands and by the absence of 
either odorous or bitter glandular secretions. Other treatments (Ferris 
1959, Munz and Keck 1968) also recognized varieties of L. germanorum. 
Currently, L. germanorum is recognized as a distinct species (Lane 
1993).
    Lessingia germanorum is a slender annual of the aster family 
(Asteraceae) with diffusely branched stems 10 to 30 centimeters (4 to 
12 inches) high. The leaves and stems are glandless and covered with 
grayish, loosely interwoven hairs. Tubular, lemon-yellow, disc flowers 
with a brownish or purplish band are clustered into heads that are 
solitary at the end of branchlets. The seeds, which are attached to a 
crown of hairlike bristles, are light and easily carried by the wind. 
L. germanorum typically flowers between August and November.
    Historically, Lessingia germanorum occurred within central dune 
scrub habitats throughout the San Francisco peninsula. L. germanorum is 
currently restricted to the Presidio area of the San Francisco 
peninsula (five occurrences), and near the base of San Bruno Mountain 
(one occurrence). L. germanorum grows on remnant sand dunes and sand 
terraces in open areas with blowing sand (Susan Smith, Yerba Buena 
Chapter, California Native Plant Society, pers. comm. 1992), at an 
elevation range between 24 to 91 meters (80 to 300 feet). It is 
associated with Chorizanthe cuspidata (San Francisco spine flower), 
Lotus scoparius (California broom), and Lupinus arboreus (yellow bush 
lupine) or Lupinus chamissonis (Chamisso's bush lupine). Of the five 
small populations at the Presidio, one was established after 
approximately 7.6 cubic meters (10 cubic yards) of sand was removed 
from the site of another population for use on the Presidio golf 
course. The San Bruno Mountain population was discovered in 1989. The 
total area of all known populations is less than 0.8 hectares (2 acres) 
(Terri Thomas, Golden Gate National Recreation Area, pers. comm. 1993; 
Paul Reeberg, National Park Service, pers. comm. 1993). The number of 
individuals of L. germanorum varies from year to year, but from 1980 to 
1989 the annual total on the Presidio was less than 1,500 (California 
Department of Fish and Game (CDFG) 1989). The population on San Bruno 
Mountain is estimated at 1,600 to 1,800 individuals (Paul Reeberg, 
pers. comm. 1993). Populations within the Presidio are managed by the 
National Park Service. The population on San Bruno Mountain is jointly 
owned by Daly City and a private landowner (Annemarie Quevedo, 
Assistant Planner for Daly City, in litt. 1992).
    The Presidio populations are threatened by competition from 
invasive alien plants, shading by alien and native shrubs and trees, 
bulldozing, sand quarrying, trampling by pedestrians, and other human 
activities (CDFG 1989; California Natural Diversity Database (CNDDB) 
1994; Susan Smith, pers. comm. 1992; Paul Reeberg, pers. comm. 1993; 
Terri Thomas, pers. comm. 1993). The population on San Bruno Mountain 
is threatened by urbanization, trampling, competition from invasive 
alien plants, bulldozing, and fertilizer-contaminated run-off (Thomas 
Reid Associates, in litt. 1991; Susan Smith, pers. comm. 1992; Paul 
Reeberg, pers. comm. 1993).

Previous Federal Action

    On December 15, 1980, the Service published in the Federal Register 
an updated Notice of Review for plants (45 FR 82480) which included 
Lessingia germanorum (as L. germanorum var. germanorum) as a category 1 
candidate for Federal listing. Category 1 taxa were formerly defined as 
those taxa for which the Service had on file sufficient information on 
status and threats to support issuance of a listing proposal. On 
November 28, 1983, the Service published in the Federal Register a 
supplement to the Notice of Review (48 FR 53640) which changed L. 
germanorum var. germanorum from a category 1 to a category 2 candidate. 
Category 2 taxa were formerly defined as those taxa for which data in 
the Service's possession indicated listing was possibly appropriate, 
but for which sufficient data on status and threats was not currently 
known or on file to support proposed rules. The plant notice was 
revised again on September 27, 1985 (50 FR 39526), February 21, 1990 
(55 FR 6184), and September 30, 1993 (58 FR 51144). In these three 
notices L. germanorum var. germanorum was included as a category 1 
candidate.
    Mr. Brian O'Neill, General Superintendent of the Golden Gate 
National Recreation Area, petitioned the Service to emergency list 
Lessingia germanorum as an endangered species on May 28, 1991. Although 
the Service did not emergency list L. germanorum, it did publish a 90-
day finding in the Federal Register on August 19, 1992 (57 FR 37513) 
that substantial information had been presented indicating that listing 
may be warranted. Section 4(b)(3)(B) of the Act requires the Secretary 
to make findings on petitions found to present substantial information 
indicating that the petitioned action may be warranted within 12 months 
of their receipt. The Service conducted a

[[Page 33370]]

status review and determined that the petitioned action was warranted. 
A proposal to list L. germanorum as endangered and Arctostaphylos 
imbricata as threatened was published on October 4, 1994 (59 FR 50550). 
Publication of the proposed rule constituted the final finding for the 
petitioned action.
    Based upon new information received since publishing the proposed 
rule, the proposed listing of Arctostaphylos imbricata has been 
withdrawn by the Service as announced in a separate Federal Register 
notice published concurrently with this notice.
    The processing of this final listing rule conforms with the 
Service's final listing priority guidance published on December 5, 1996 
(61 FR 64475). The guidance clarifies the order in which the Service 
will process rulemakings following two related events, the lifting, on 
April 26, 1996, of the moratorium on final listings imposed on April 
10, 1995 (Pub. L. 104-6) and the restoration of significant funding for 
listing through passage of the omnibus budget reconciliation law on 
April 26, 1996, following severe funding constraints imposed by a 
number of continuing resolutions between November 1995 and April 1996. 
The guidance calls for giving highest priority to handling emergency 
situations (Tier 1) and second highest priority (Tier 2) to resolving 
the listing status of the outstanding proposed listings. This rule 
falls under Tier 2.

Summary of Comments and Recommendations

    In the October 4, 1994, proposed rule and associated notifications, 
the Service requested all interested parties to submit factual reports 
or information that would contribute to the development of a final 
decision document. The Service contacted appropriate Federal and State 
agencies, county and city governments, scientific organizations, and 
other interested parties and requested their comments. In accordance 
with policy published in the Federal Register on July 1, 1994 (59 FR 
34270), the Service solicited comments from three appropriate and 
independent specialists regarding pertinent scientific or commercial 
data and assumptions relating to the proposed rule. A newspaper notice 
of the proposed rule was published in the San Francisco Chronicle on 
October 19, 1994, which invited general public comment. A 60-day 
comment period closed on December 4, 1994.
    The Service received eight letters of comment. No requests for a 
public hearing were received. Although the proposed rule solicited 
comments on proposals to list both Arctostaphylos imbricata and 
Lessingia germanorum, only comments pertaining to L. germanorum are 
addressed here. Comments pertaining to A. imbricata are addressed in a 
separate Federal Register notice published concurrently with this 
notice.
    All commenters supported the listing of Lessingia germanorum. One 
commenter indicated that designation of critical habitat would aid in 
protection of rare plants. The Service has determined that designation 
of critical habitat would not provide additional benefit for L. 
germanorum. The reasons for this determination are discussed in the 
``Critical Habitat'' section of this notice.
    Two of the three independent and appropriate specialists responded 
to the solicitation for independent review. One reviewer found no 
errors of fact in the proposed rule, and further commented that 
Lessingia germanorum is dependent on a very fragile habitat and is 
easily disturbed or driven to extirpation by human activities that 
compact or erode the soil. This reviewer considered L. germanorum to be 
particularly worthy of Federal listing. The second reviewer concurred 
with all of the comments made in the proposed rule concerning the 
status, threats or potential threats and supported the listing of the 
species.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Lessingia germanorum should 
be classified as an endangered species. Procedures found at section 4 
of the Act and regulations implementing the listing provisions of the 
Act (50 CFR Part 424) were followed. 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). These factors and their application to L. 
germanorum Cham. (San Francisco lessingia) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Threats facing the habitat of 
Lessingia germanorum include one or more of the following--
urbanization, invasion of alien plants, sand quarrying, bulldozing, and 
damage by pedestrians, bicycles, and off-road vehicles.
    Most natural habitats of the San Francisco peninsula have been 
eliminated by urbanization. Suitable Lessingia germanorum habitat has 
decreased by 90 percent since European settlement (CDFG 1990). Urban 
development extirpated populations of L. germanorum at Lone Mountain 
and Lake Merced (both in San Francisco) (CNDDB 1994). Historical 
populations of L. germanorum at Mountain View Lake and Ocean View Downs 
also have been extirpated, presumably due to urban development and 
competition from invasive alien plants (CDFG 1989). Most of the central 
dune scrub habitat on San Bruno Mountain has been eliminated by 
construction of houses and cemeteries, the Colma dump, and a flower 
farm (McClintock et al. 1990). About 4 hectares (10 acres) of potential 
habitat remain on San Bruno Mountain for L. germanorum (Paul Reeberg, 
pers. comm. 1993). Although the discovery of additional significant 
populations on San Bruno Mountain is unlikely, this area may be 
important as a site for reintroduction.
    Urban development potentially threatens the population of Lessingia 
germanorum on San Bruno Mountain (Paul Reeberg, pers. comm. 1993; R. 
Gankin, San Mateo County Planning Department, in litt. 1994). The 
construction of seven additional dwellings within a few hundred yards 
of the San Bruno population has been approved (Annemarie Quevedo, pers. 
comm. 1993). Impacts associated with this development, such as habitat 
degradation and trampling of plants by pedestrians, bicycles, and off-
road vehicles, would threaten this population.
    Fragmentation of the coastal scrub dune habitat caused by past 
urban development also threatens this species. Habitat fragmentation 
has two primary effects. First, habitat fragmentation may alter the 
physical environment, changing the amount of incoming solar radiation, 
water, wind, or nutrients where the remnant vegetation occurs (Saunders 
et al. 1991). Second, by reducing the size and distribution of the 
population, habitat fragmentation increases the risk of extinction due 
to natural events (see Factor E).
    Non-native plants alter the habitat of and compete with Lessingia 
germanorum. For example, Carpobrotus sp. (ice plant) covers extensive 
dune areas on the Presidio, and stabilizes the dune system where it 
occurs. Stabilization of the dune system adversely affects L. 
germanorum because the species requires exposed sand which results from 
dune movement (CDFG 1989). Carpobrotus competes with L. germanorum at 
all five occurrences on the Presidio. In addition, pedestrians, 
bicycles, and off-road vehicles compact the soil and promote the 
establishment of invasive alien plants (CDFG 1989; Susan Smith, pers.

[[Page 33371]]

comm. 1992). In addition to ice plant, other alien plants competing 
with L. germanorum include Bromus diandrus (ripgut grass), Avena 
barbata (slender oat), Rumex sp. (dock), Raphanus sp. (radish), and 
Sonchus sp. (sow thistle) (Susan Smith, pers. comm. 1992). On San Bruno 
Mountain Cortaderia sp. (pampas grass) encroachment is a serious 
threat. The CDFG (1992) reported that ``Without special protection and 
management, San Francisco lessingia will continue its declining 
trend.'' Populations of L. germanorum are currently being weeded by 
volunteers from the California Native Plant Society. Without their 
assistance, L. germanorum would be outcompeted by alien plants.
    The habitat of Lessingia germanorum has been modified at one site 
by tree planting. Native and introduced shrubs and trees, including 
Pinus radiata (Monterey pine), were planted at the Presidio in the late 
1800's. These trees adversely alter the habitat of L. germanorum by 
increasing the amount of shade (CDFG 1989; CNDDB 1994; Susan Smith, 
pers. comm. 1992).
    Bulldozing and sand quarrying have adversely affected Lessingia 
germanorum. Bulldozing to stabilize a slope on San Bruno Mountain 
destroyed about one-eighth of the L. germanorum population (Paul 
Reeberg, pers. comm. 1993; Thomas Reid Associates, in litt. 1991). In 
January 1989, most of the habitat for one population of L. germanorum 
on the Presidio was destroyed when sand was removed to repair a tee on 
the base golf course (CDFG 1990). Sand quarrying is an on-going threat 
at this site; any sand quarrying that may occur in the future would 
negatively impact this species.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization is not known to be a current 
threat to Lessingia germanorum. However, overcollection by researchers, 
rare plant collectors, or curiosity seekers could potentially result 
from the increased publicity following publication of the final rule to 
list this species.
    C. Disease or predation. There are no known disease or predation 
threats to Lessingia germanorum.
    D. The inadequacy of existing regulatory mechanisms. Five of the 
six remaining colonies of Lessingia germanorum are located on the 
Presidio which is managed as a National Recreation Area by the National 
Park Service. However, National Park Service ownership and management 
have not removed all of the threats to the species. In addition, a 
Memorandum of Understanding, established in 1987 between the Service, 
the National Park Service, Department of Defense, and CDFG for the 
purpose of mutual cooperation for management of sensitive native plant 
communities on the Presidio, does not address L. germanorum 
specifically (CDFG 1989). Moreover, the fact that the National Park 
Service petitioned the Service to emergency list L. germanorum as 
endangered is evidence of the inadequacy of existing Federal 
regulations to protect the species from extinction within the 
foreseeable future.
    The State of California Fish and Game Commission has listed 
Lessingia germanorum as an endangered species under the California 
Endangered Species Act (chapter 1.5 section 2050 et seq. of the 
California Fish and Game Code) and the California Native Plant 
Protection Act (Chapter 10 section 1900 et seq. of the California Fish 
and Game Code). Though both statutes prohibit the ``take'' of State-
listed plants (California Native Plant Protection Act, Chapter 10 
section 1908 and California Endangered Species Act, Chapter 1.5 section 
2080), State law exempts the taking of such plants via habitat 
modification or land use changes by the owner. After CDFG notifies a 
landowner that a State-listed plant grows on his or her property, State 
law only requires that the land owner notify the agency ``at least 10 
days in advance of changing the land use to allow salvage of such a 
plant'' (California Native Plant Protection Act, Chapter 10 section 
1913).
    The California Environmental Quality Act (CEQA) requires a full 
disclosure of the potential environmental impacts of proposed projects. 
The public agency with primary authority or jurisdiction over the 
project is designated as the lead agency, and is responsible for 
conducting a review of the project and consulting with the other 
agencies concerned with the resources affected by the project. Section 
15065 of the CEQA Guidelines requires a finding of significance if a 
project has the potential to ``reduce the number or restrict the range 
of a rare or endangered plant or animal.'' Species that are eligible 
for listing as rare, threatened, or endangered but are not so listed 
are given the same protection as those species that are officially 
listed with the State or Federal governments. Once significant effects 
are identified, the lead agency has the option to require mitigation 
for effects through changes in the project or to decide that overriding 
considerations make mitigation infeasible. In the latter case, projects 
that cause significant environmental damage, such as destruction of 
endangered species, may be approved. Protection of listed species 
through CEQA is, therefore, dependent upon the discretion of the lead 
agency.
    The CEQA pertains to projects that occur on lands other than 
Federal land. The National Environmental Policy Act (NEPA) requires 
disclosure of the environmental effects of projects on Federal lands. 
Certain actions can be categorically excluded from the NEPA process 
when (a) The action or group of actions would have no significant 
effect on the quality of the human environment, and (b) the actions or 
group of actions would not involve unresolved conflicts concerning 
alternative uses of available resources. Exceptions to the categorical 
exclusions exist. One of these exceptions is when the action would 
affect a species listed or proposed to be listed on the List of 
Endangered or Threatened Species. Until a species is federally listed 
or proposed for listing, this exception to the categorical exclusion 
would not be applied regardless of the State listing status.
    The San Bruno Mountain Habitat Conservation Plan (HCP), developed 
under section 10(a)(1)(B) of the Act, preserves most of San Bruno 
Mountain and provides for management and monitoring of a variety of 
rare plants and animals. However, because the San Bruno Mountain 
population of Lessingia germanorum is located outside the San Bruno 
Mountain HCP boundary, it receives no protection through the HCP.
    E. Other natural or manmade factors affecting its continued 
existence. As discussed in Factor A, pedestrians, bicycles, and off-
road vehicles degrade the habitat of Lessingia germanorum. These 
activities also directly destroy individual plants. A bike path runs 
through the middle of one L. germanorum population (CNDDB 1994). Hiking 
trails exist adjacent to three populations (Terri Thomas, pers. comm. 
1993). Plants are damaged or destroyed when trail users wander off the 
established trails and into populations of L. germanorum.
    The habitats of all Presidio populations of Lessingia germanorum 
are subject to occasional disturbance by unauthorized vehicle use. This 
disturbance directly destroys the plants and encourages establishment 
of invasive alien plants. Weedy species tend to colonize the tracks 
left by the vehicles (Susan Smith, pers. comm. 1992). An environmental 
education camp exists near the location of one population of L. 
germanorum. This population is inadequately fenced, leaving the habitat 
vulnerable to degradation and the plants vulnerable to trampling.

[[Page 33372]]

    When the ownership of the Presidio transferred from the Department 
of the Army to the National Park Service, a marked increase in 
visitation by the public occurred (Terri Thomas, pers. comm. 1994). 
Increased pedestrian traffic and other recreational activities are 
likely to negatively impact Lessingia germanorum because the 
populations are close to trails (Terri Thomas, pers. comm. 1992, 1993). 
In addition, the park is patrolled by police on horseback. Horses can 
trample the plants directly and compact the soil. A high potential 
exists for adverse impacts to populations of L. germanorum on the 
Presidio from these activities.
    Garbage dumping has degraded the habitat at one site on the 
Presidio where Lessingia germanorum occurs (CNDDB 1994). Digging by 
pets also adversely affects L. germanorum at all sites on the Presidio 
by destroying individual plants (Laura Nelson, Golden Gate National 
Recreation Area, pers. comm. 1993; Peter Lacivita, San Francisco Corps 
of Engineers, pers comm. 1993).
    On San Bruno Mountain, fertilizer-contaminated run-off from a 
housing development above the slope supporting the largest population 
of Lessingia germanorum threatens this site (Paul Reeberg, pers. comm. 
1993). The nitrogen in these fertilizers promotes invasion by weedy 
species that compete with L. germanorum.
    As discussed in Factor A, habitat fragmentation may adversely alter 
the physical environment for the species. In addition, by reducing the 
size and distribution of a population, habitat fragmentation increases 
the risk that a natural event such as a pest or disease outbreak or 
reproductive failure could cause extinction of the species (populations 
of annual species especially are affected by reproductive failure). A 
natural event, such as a flood, pest or disease outbreak, extended 
drought, landslide, or combination of several such events, could 
destroy part of a single population or entire populations. If habitat 
fragmentation splits a population into small, isolated units or if a 
natural event significantly reduces the size of a population, the risk 
of extirpation due to genetic problems associated with small 
populations could increase.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to issue this rule. 
Lessingia germanorum has been reduced to five small populations on the 
Presidio in San Francisco County and one population on San Bruno 
Mountain in San Mateo County; collectively, the populations inhabit 
less than 0.8 hectares (2 acres). This taxon has been adversely 
affected and is endangered by competition from invasive alien plants, 
shading by alien and native plants, bulldozing, sand quarrying, 
fertilizer-contaminated run-off, urban development, trampling by 
pedestrians, bicycles, and off-road vehicles, other human activities, 
and natural events. Lessingia germanorum is in danger of extinction 
throughout all or a significant part of its range, and the preferred 
action is, therefore, to list it as endangered.
    Alternatives to this action were considered but not preferred. As 
defined by the Act, threatened species are those species which are 
likely to become endangered (in danger of extinction) within the 
foreseeable future. Because Lessingia germanorum is currently in danger 
of extinction, listing the species as threatened would not be 
appropriate. Similarly, not listing L. lessingia would be 
inappropriate.

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 
determination that such areas are essential for the conservation of the 
species. Designations of critical habitat must be based on the best 
scientific data available and must take into consideration the economic 
and other relevant impacts of specifying any particular area as 
critical habitat at the time the species is listed as endangered or 
threatened.
    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 determine critical habitat concurrently 
with determining a species to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for Lessingia 
germanorum 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) designation of critical habitat would not be beneficial 
to the species.
    The six populations of Lessingia germanorum inhabit less than 0.8 
hectares (2 acres). Any activity that would adversely modify critical 
habitat would likely jeopardize the continued existence of the species 
as well. The designation of critical habitat therefore would not 
provide additional benefit for L. germanorum beyond the protection 
afforded by listing. As discussed under Factor B, this taxon is 
potentially threatened by overcollection due to its low population 
size. The publication of precise maps and descriptions of critical 
habitat in the Federal Register and local newspapers as required when 
designating critical habitat would increase the degree of threat to 
this plant from take or vandalism and, therefore, could contribute to 
its decline. The listing of this taxon as endangered publicizes the 
rarity of the plant and can make it attractive to researchers, 
curiosity seekers, or rare plant collectors.
    Protection of the habitat of this Lessingia germanorum species will 
be addressed through the recovery process and the section 7 
consultation process. The Service believes that Federal activities in 
the areas where these plants occur can be identified without the 
designation of critical habitat. The Service finds designation of 
critical habitat not prudent for L. germanorum. Such a designation 
would increase the degree of threat from vandalism, collecting, or 
other human activities and is unlikely to benefit the conservation of 
this taxon.

Available Conservation Measures

    Conservation measures provided to species listed as endangered 
under the Act include recognition, recovery actions, requirements for 
Federal protection, and prohibitions against certain practices. 
Recognition through listing encourages and results in public awareness 
and conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land 
acquisition and cooperation with the State and requires that recovery 
actions 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 requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered and with respect to its critical habitat, if any is being 
designated. Regulations implementing this interagency

[[Page 33373]]

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 proposed species or result in destruction or adverse 
modification of proposed critical habitat. If a species is listed 
subsequently, section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of the species or destroy or 
adversely modify its critical habitat. If a Federal action may 
adversely affect a listed species or its critical habitat, the 
responsible Federal agency must enter into formal consultation with the 
Service.
    Five of the six populations of Lessingia germanorum occur on 
Federal land managed by the National Park Service. Listing this plant 
would provide for the development of a recovery plan. Such a plan would 
bring together both State and Federal efforts for conservation of the 
plant. The recovery plan would establish a framework for agencies to 
coordinate activities and cooperate with each other in conservation 
efforts. The plan would describe site-specific management actions 
necessary to achieve conservation and survival of the plant species. 
Additionally, pursuant to section 6 of the Act, the Service would be 
more likely to grant funds to affected States for management actions 
promoting the protection and recovery of this plant.
    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 for endangered plants, 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 of any such species on areas under 
Federal jurisdiction and the removal, cutting, digging, or destroying 
of such plant species in knowing violation of any State law or 
regulation, including State criminal trespass law. Certain exceptions 
to the prohibitions apply to agents of the Service and State 
conservation agencies.
    It is the policy of the Service, published in the Federal Register 
on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of the 
listing on proposed and ongoing activities within a species' range. 
Collection, damage, or destruction of this species on Federal lands is 
prohibited, although in appropriate cases a Federal endangered species 
permit may be issued to allow collection for scientific or recovery 
purposes. Such activities on non-Federal lands would constitute a 
violation of section 9 if conducted in knowing violation of California 
State law, as discussed under Factor D, State regulations, or State 
criminal trespass law. Certain exceptions apply to agents of the 
Service and State conservation agencies.
    Activities that are unlikely to violate section 9 include 
accidental trampling. Activities that occur on Federal land, or on 
private land that receive Federal authorization or funding, for which a 
Federal endangered species permit is issued to allow collection for 
scientific or recovery purposes or for which a consultation is 
conducted in accordance with section 7 of the Act, also would not 
result in a violation of section 9. Questions regarding whether 
specific activities will constitute a violation of section 9 should be 
directed to the Field Supervisor of the Sacramento Field Office (see 
ADDRESSES section).
    The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of 
permits to carry out otherwise prohibited activities involving 
endangered plant species under certain circumstances. The Service 
anticipates few trade permits would ever be sought or issued for this 
species because the plant is not common in cultivation nor in the wild. 
Requests for copies of the regulations regarding listed plants and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Endangered Species Permits, 911 N.E. 11th 
Avenue, Portland, Oregon 97232-4181 (phone 503-231-2063, facsimile 503-
231-6243).

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, 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).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. This rulemaking was not subject to review by the Office 
of Management and Budget under Executive Order 12866.

References Cited

    A complete list of all references cited is available upon request 
from the Field Supervisor, Sacramento Field Office (see ADDRESSES 
section).
    Author: The primary author of this document is Kirsten Tarp, 
Sacramento Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations, is amended 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:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

[[Page 33374]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                                                                                         
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special  
         Scientific name                Common name                                                                               habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants                                                                                                                               
                                                                                                                                                        
                    *                  *                  *                  *                  *                *                  *                   
Lessingia germanorum (=Lessingia   San Francisco         U.S.A. (CA)........  Asteraceae--Aster..  E                       620           NA           NA
 germanorum var. germanorum).       lessingia.                                                                                                          
                                                                                                                                                        
                       *                  *                  *                *                *                *                *                      
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: April 8, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-15925 Filed 6-18-97; 8:45 am]
BILLING CODE 4310-55-U