Federal Register, Volume 62 Issue 147 (Thursday, July 31, 1997)

[Federal Register Volume 62, Number 147 (Thursday, July 31, 1997)]
[Rules and Regulations]
[Pages 40954-40974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20133]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD39

Endangered and Threatened Wildlife and Plants; Final Rule for 13
Plant Taxa From the Northern Channel Islands, 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 for Arabis hoffmannii (Hoffmann's rock-cress),
Arctostaphylos confertiflora (Santa Rosa Island manzanita), Berberis
pinnata ssp. insularis (island barberry), Castilleja mollis (soft-
leaved paintbrush), Galium buxifolium (island bedstraw), Gilia
tenuiflora ssp. hoffmannii (Hoffmann's slender-flowered gilia),
Malacothamnus fasciculatus ssp. nesioticus (Santa Cruz Island
bushmallow), Malacothrix indecora (Santa Cruz Island malacothrix),
Malacothrix squalida (island malacothrix), Phacelia insularis ssp.
insularis (island phacelia), and Thysanocarpus conchuliferus (Santa
Cruz Island fringepod) and threatened status for Dudleya nesiotica
(Santa Cruz Island dudleya) and Helianthemum greenei (island rush-rose)
pursuant to the Endangered Species Act of 1973, as amended (Act). The
13 plant taxa from the northern Channel Islands, California and their
habitats have been variously affected or are currently threatened by
one or more of the following: soil loss; habitat alteration by mammals
alien to the Channel Islands (pigs, goats, sheep, donkeys, cattle,
deer, elk, bison); direct predation by these same alien mammals;
habitat alteration by native seabirds; habitat alteration due to
vehicular traffic; overcollection for scientific or recreational
purposes; competition with alien plant taxa; reduced genetic viability;
depressed reproductive vigor; and the chance of random extinction
resulting from small numbers of individuals and populations. A notice
of withdrawal of the proposal to list Dudleya blochmaniae ssp.
insularis (Santa Rosa Island dudleya), Dudleya sp. nov. ``East Point''
(munchkin dudleya), and Heuchera maxima (Island alum-root) which were
proposed (July 25, 1995, 60 FR 37993) for listing along with the 13
taxa considered in this rule, is published concurrently with this final
rule.

DATES: This rule becomes effective September 2, 1997.

ADDRESSES: The complete file for this rule is available for inspection
by appointment during normal business hours at the Ventura Field
Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B,
Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Tim Thomas or Connie Rutherford,
Botanists, Ventura Field Office (see ADDRESSES section) (telephone
number 805/644-1766; facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

Arabis hoffmannii (Hoffmann's rock-cress), Arctostaphylos
confertiflora (Santa Rosa Island manzanita), Berberis pinnata ssp.
insularis (island barberry), Castilleja mollis (soft-leaved
paintbrush), Dudleya nesiotica (Santa Cruz Island dudleya), Galium
buxifolium (island bedstraw), Gilia tenuiflora ssp. hoffmannii
(Hoffmann's slender-flowered gilia), Helianthemum greenei (island rush-
rose), Malacothamnus fasciculatus ssp. nesioticus (Santa Cruz Island
bushmallow), Malacothrix indecora (island malacothrix), Malacothrix
squalida (Santa Cruz Island malacothrix), Phacelia insularis ssp.
insularis (island phacelia), and Thysanocarpus conchuliferus (Santa
Cruz Island fringepod) are California Channel Island endemics. The only
species in this group that is not restricted to the four northern
islands (Anacapa, Santa Cruz, Santa Rosa, and San Miguel) is the island
rush-rose, with one population known from Santa Catalina Island.
Located offshore and south of Santa Barbara County, the four
northern islands are the highest points on a 130 kilometer (km) (80
mile (mi)) long seamount (Dibblee 1982). They are included within the
boundaries of the Channel Islands National Park (CINP). Anacapa Island
is the smallest of the four northern islands and includes three smaller
islands referred to as East, Middle, and West Anacapa, that total 2.9
square (sq) km (1.1 sq mi); it is the closest island to the mainland at
a distance of 20 km (13 mi). East and Middle Anacapa islands are flat-
topped, wave-cut terraces largely surrounded by steep cliffs. West
Anacapa is the highest of the three, reaching 283 meters (m) (930 feet
(ft)) above sea level. Santa Cruz

[[Page 40955]]

Island is the largest of the California Channel Islands at 249 sq km
(96 sq mi) with the highest point being 753 m (2,470 ft) above sea
level. Santa Rosa Island is 217 sq km (84 sq mi) in area and 475 m
(1,560 ft) at its highest point. San Miguel Island, the westernmost of
the northern group, is 37 sq km (14 sq mi) in area and 253 m (830 ft)
in height. Santa Catalina Island, on which one population of
Helianthemum greenei occurs, lies about 113 km (70 mi) to the southeast
of the northern island group; it is 194 sq km (75 sq mi) in area and
its highest elevation is 648 m (2,125 ft) (Power 1980).
The northern Channel Islands are managed primarily by Federal
agencies. Anacapa Island is managed by the National Park Service (NPS)
with an inholding for the U.S. Coast Guard lighthouse. The western 90
percent of Santa Cruz Island is privately owned and managed by The
Nature Conservancy (TNC). The remaining 10 percent of the island is
Federal land managed by the NPS. Santa Rosa Island is managed by the
NPS. San Miguel Island is under the jurisdiction of the U.S. Department
of the Navy (Navy), but the NPS has operational jurisdiction through a
Memorandum of Agreement. Except for the City of Avalon, Santa Catalina
Island is privately owned and managed by the Catalina Island
Conservancy.
Anacapa was set aside (with Santa Barbara Island to the south) as a
National Monument in 1938. In 1980, the U.S. Congress abolished the
National Monument and incorporated its lands, waters and interests into
National Park status, adding Santa Cruz Island and Santa Rosa Island
(at that time privately owned) within the boundaries. The NPS
acquisition of Santa Rosa Island in 1986 was accomplished by outright
fee purchase from the Vail and Vickers Ranching Company. A cattle
ranching operation and a subleased commercial deer and elk hunting
operation on Santa Rosa Island are operating under 5-year renewable
special use permits, renewable until the year 2011.
TNC acquired an easement for 4,800 hectares (ha) (12,000 acres
(ac)) of Santa Cruz Island in 1978 and took ownership of nine-tenths of
the island in 1987. TNC's general goals for preserve management include
the preservation, protection, restoration, and understanding of the
natural resources (Rob Klinger, TNC, Santa Cruz Island, pers. comm.
1994). Although a specific management plan for the Santa Cruz Island
Preserve has not been developed, TNC has developed a strategic
direction that will focus on managing feral pigs (Sus scrofa), fennel
(Foeniculum vulgare), and fire. These activities include long-term
monitoring of specific plant communities and rare plant populations;
trial programs in feral pig removal, herbicide treatment of alien plant
species, controlled burns in grassland and island pine communities; and
research on specific species and the response of plant communities to
removal of non-native mammals. A 5-year trial feral pig removal program
was successful in removing all but a few pigs from a 2,400-ha (6,000-
ac) exclosure on the south side of the island. The number of pigs
fluctuates depending on precipitation and acorn crop. TNC also took
immediate steps to remove cattle (Bos taurus) and sheep (Ovis
domesticus) upon acquiring the property, but has been unable to manage
the rapid spread of the alien plant, fennel, that resulted from the
release of grazing pressure. TNC is exploring options for implementing
island-wide feral pig removal and other management activities; these
options may include developing an agreement with NPS for that agency to
manage the island. Pig numbers are increasing on Santa Cruz Island (E.
Painter in litt. 1997).
Subsequent to the relocation by missionaries of the native Chumash
Indian populations from the islands to the mainland by 1814 (Hobbs
1983), land use practices on the islands focused on the introduction of
a variety of livestock including sheep, goats (Capra hircus), cattle,
pigs, burros (Equus asinus), and horses (E. caballus). Other alien
mammal species were also introduced, including deer (Odocoilius
hemionus), elk (Cervus canadensis roosevelti), bison (Bison bison),
rabbits (Oryctolagus cuniculus), wild turkey (Melegris gallopavo),
California quail (Callipepla californica), and chukar (Alectoris
chuckar) for ranching and hunting purposes (Hochberg et al. 1980a,
Minnich 1980, Jones et al. 1989).
The introduction of alien herbivores to the islands has had
catastrophic effects on island vegetation. Pigs had been released on
Santa Cruz Island by 1854 (Hobbs 1983). Records for Santa Cruz Island
indicate that sheep had been introduced in the early 1830's; by 1875,
sheep stocking was around 50,000 head (Hobbs 1983). In 1890, perhaps as
many as 100,000 sheep grazed on Santa Cruz Island (Hochberg et al.
1980a). Droughts, exacerbated by overgrazing, occurred in 1864, 1870-
72, 1877, 1893-1904, 1923-24, 1935, 1946-48, 1964, (Dunkle 1950,
Johnson 1980) and most recently 1986-91 (Halvorson 1993). These
episodes resulted in losses of livestock and other herbivores due to
starvation (Johnson 1980, Sauer 1988). Manipulation of the vegetation
by over 150 years of intensive grazing and browsing has resulted in the
replacement of native plant communities with non-native grasslands
(Minnich 1980, Hobbs 1983).
Several alien weedy plants have invaded the disturbed habitats of
the islands. One of the most obvious problem species is fennel on Santa
Cruz Island. Fennel and other aggressive non-native weed species
displace native species and further threaten the ecological integrity
of the island ecosystems (Smith 1989, Simberloff 1990). Research
methods and results to date for the control of fennel were the topics
of several presentations at the fourth Channel Islands symposium
(Brenton and Klinger 1994, Dash and Gliessman 1994, Gliessman 1994).
Some progress has been made toward eliminating alien animals from
the islands. TNC has eliminated the cattle and sheep from the western
portion of Santa Cruz Island, and continues to prevent sheep from
invading from the eastern portion of the island (Kelley 1997). The NPS
purchased the east end of the Santa Cruz Island in February 1997 and
initiated a sheep control program. The NPS has removed all the pigs
from Santa Rosa Island. A program to control goats and pigs is being
implemented on western Santa Catalina Island. However, no action has
been taken to eliminate deer and elk from Santa Rosa Island, or pigs
from the majority of Santa Cruz Island, or bison which have been
introduced to Santa Catalina Island.
The floristics of the islands are composed of elements that have a
variety of origins, and include relict populations of formerly wider-
ranging species such as the endemic island ironwoods (Lyonothamnus
floribundus) and disjunct species such as the Torrey pine (Pinus
torreyana). Such species typically occur in canyons and on slopes with
more moderate environments than those that prevail in surrounding
areas. Island endemics, including all of the species in this final
rule, have been discussed by Raven (1967), Philbrick (1980), and
Wallace (1985). Fifty-four island endemic plant species are known from
the northern Channel Islands; 15 species are single island endemics
(Halvorson et al. 1987). Some of the most striking examples of
extinction have occurred from islands around the world; from the
Channel Islands, notable extinctions include the Santa Barbara Island
song sparrow (Melospiza melodia cooperi) and Santa Cruz Island
monkeyflower (Mimulus brandegei). Nine plant species have been
extirpated from various islands

[[Page 40956]]

within the northern island group: three from Santa Cruz (Malacothrix
incana, Mimulus brandegei, and Sibara filifolia), two from Santa Rosa
(Berberis pinnata ssp. insularis, and Helianthemum greenei), and four
from San Miguel (Grindelia latifolia, Ceanothus megacarpus ssp.
insularis, Rhamnus pirifolia, and Ericameria ericoides) (Philbrick
1980, Halvorson et al. 1987, Clark et al. 1990).
The main habitat types on the islands include coastal dune, coastal
bluff, coastal sage scrub, grasslands, chaparral, oak and ironwood
woodlands, riparian woodlands, and conifer forest; various subdivisions
of these types have been described by Dunkle (1950), Philbrick and
Haller (1977), Minnich (1980), Clark et al. (1990), and Coonan et al.
(1996). Coastal beach and associated dune habitats occur in the
windiest sandy locations on the three westernmost islands. These
coastal habitats appear to be relatively undisturbed compared to
mainland sites where development and recreation have largely eliminated
them. Coastal bluff habitat has provided a refugium for many plants
from grazing by non-native animals (Minnich 1980, Halvorson et al.
1992).
The upland habitats were formerly mostly shrub-dominated and
included coastal sage scrub and chaparral habitats. Historic reports
indicate that these brushlands were impenetrable (Hochberg et al.
1980a). Historical photographs reveal a significant loss of woody
vegetation from the islands during the last 100 years (Hobbs 1980,
Minnich 1980). Coastal sage habitat is composed of soft-leaved, soft-
stemmed plants that are easily broken by trampling and palatable to
both browsers and grazers. The original coastal sage scrub habitat has
been reduced by overgrazing to the extent that it persists only in
locations inaccessible to grazing and browsing animals, such as bluffs
and marginal habitat in patches of cactus (Minnich 1980, Hobbs 1983,
Painter in litt. 1997). Coastal sage scrub habitat has increased in
importance on Anacapa and San Miguel Islands where grazing has been
removed (Johnson 1980).
The structure of the remnant chaparral habitats has also been
modified by grazing and browsing, such that shrubs form arborescent
(treelike) shapes or extremely low, prostrate forms. Continued browsing
by deer and elk on Santa Rosa Island has created an open `skeleton'
community reticulated by game trails that provide access to nearly 100
percent of the habitat (Hochberg et al. 1980a; Tim Thomas,
U.S. Fish and Wildlife Service (USFWS), pers. obs., 1993).
Grasslands are largely composed of non-native annual species and
have greatly expanded at the expense of most other habitat types (Hobbs
1983, Cole and Liu 1994). The pre-grazing importance of cactus in the
island communities will never be known. Overgrazing has resulted in the
spread of cactus to areas denuded by livestock. Overgrazing on Santa
Cruz Island facilitated the spread of cactus to the point that over 40
percent of the rangeland was rendered useless (Hochberg et al. 1980a).
Cactus habitats on Santa Cruz and Santa Rosa Islands have been
dramatically reduced to improve cattle operations by the introduction
of biological controls (Hochberg et al. 1980a).
Island woodlands are dominated by unique endemic species and have
also been heavily affected by grazing, browsing, and rooting animals
seeking summer shelter and food (Clark et al. 1990, Halvorson 1993).
Riparian woodlands are heavily modified physically and structurally,
and in some areas they have been completely eliminated (Hochberg et al.
1980a, Minnich 1980). Normally, a canyon with year-round water will
have well-developed riparian vegetation that includes willows (Salix
spp.), sycamores (Platanus racemosa), cottonwoods (Populus spp.) and
oaks (Quercus spp.). This vegetation would typically support a rich
diversity of organisms, especially neo-tropical migratory bird species,
but years of overutilization by introduced mammals have considerably
reduced this formerly resource-rich habitat.
The bishop pine forests that are protected from grazing have well-
developed foliar cover and pine reproduction (Hobbs 1978). In contrast,
Clark et al. (1990) reported that bishop pine forests that are
subjected to grazing lack the protective nutrient layer of ground
litter and exhibit no reproduction.
Pigs, cattle, deer, elk, goats, sheep, and bison continue to
threaten and further degrade whole ecosystems on the islands (Sauer
1988, Halvorson 1993). Many of the taxa in this rule survive only in
areas that are inaccessible to the alien ungulates and then only on
sites that are marginally suitable making their persistence tenuous
(Painter in litt. 1997).

Discussion of the Taxa Included in This Rule

The current and historic distribution of the taxa included in this
rule are shown in Table 1. Seven of these taxa are known only from one
island, although two of these have been extirpated from other islands
on which they occurred historically. The remaining six taxa currently
occur on only two islands, although two of these six have been
extirpated from a third island from which they were known historically.
All but 3 of the 13 taxa are known from five or fewer populations.
Arabis hoffmannii (Hoffmann's rock-cress) was described by Philip
Alexander Munz as Arabis maxima var. hoffmannii in 1932 based on
specimens collected by Ralph Hoffmann at the ``sea cliffs east of
Dick's Harbor,'' now known as Platts Harbor, on Santa Cruz Island in
1932 (Rollins 1936). T.S. Brandegee had collected this rock-cress as
early as 1888 from an unspecified location on Santa Cruz Island. In
1936, Reed Clark Rollins elevated the taxon to species status by
publishing the name Arabis hoffmannii. This nomenclature was retained
in the most recent treatment of the genus (Rollins 1993).
Arabis hoffmannii is a slender, herbaceous, monocarpic (flowering
once then dying) perennial in the mustard (Brassicaceae) family. The
one to several stems reach 0.6 m (2.0 ft) high, and have slightly
toothed basal leaves. The white to lavender flowers, comprised of four
petals 1 centimeter (cm) (0.4 inch (in)) long, are found at the tips of
the stems. The slightly curved fruits are borne on long stalks
(siliques). The only other rock-cress that occurs on the islands,
Arabis glabra var. glabra, is a taller plant with cream-colored
flowers.

Table 1
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Distribution
Scientific name Growth form Number of -----------------------------------------------------------
populations mA wA CR RO MI CA
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Arabis hoffmannii...................... Perennial.......................... 4 h x x
Arctostaphylos confertiflora........... Shrub.............................. <10 x
Berberis pinnata ssp. insularis........ Shrub or vine...................... 3 h x h

[[Page 40957]]

Castilleja mollis...................... Perennial.......................... 2 x h
Dudleya nesiotica...................... Succulent.......................... 1 x
Galium buxifolium...................... Sub-shrub.......................... 10 x x
Gilia tenuiflora ssp. hoffmannii....... Annual............................. 3 x
Helianthemum greenei................... Sub-shrub.......................... 14 x h x
Malacothamnus fasciculatus ssp. Shrub.............................. 2 x
nesioticus.
Malacothrix indecora................... Annual............................. 2 x x h
Malacothrix squalida................... Annual............................. (3) x x x
Phacelia insularis ssp. insularis...... Annual............................. 1(5) x x
Thysanocarpus conchuliferus............ Annual............................. (8) x
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Note.--Growth form, estimated number of populations within the past five or ten (in parentheses) years, and distribution (x) of the thirteen plant taxa;
mA=middle Anacapa, wA=west Anacapa, CR=Santa Cruz, RO=Santa Rosa, MI=San Miguel, CA=Santa Catalina, h=historic distribution.

Since Brandegee's collection was made in 1888, few collections of
Arabis hoffmannii have been made. On Santa Cruz Island, Moran made a
collection from the ``Central Valley'' in 1950, and McPherson collected
the plant near Centinela Grade, possibly the same location, in 1967
(Steve Junak, pers. comm. 1993). It was not until 1985 that Steve Junak
relocated a population at this location (Schuyler 1986). For many
decades, Hoffmann's original collection site, near Platts Harbor on
Santa Cruz Island, was in ``an area of intense feral animal (sheep)
disturbance,'' and no plants could be found (Hochberg et al. 1980a). In
fact, in 1983, the Service published in the Federal Register (48 FR
53640) a notice of review that considered this species to be extinct.
However, surveys conducted by TNC in 1985 were successful in relocating
the plant near Platts Harbor (Schuyler 1986).
According to Moran's field notes, he collected Arabis hoffmannii
from Anacapa Island in 1941 ``on the slopes above Frenchy's Cove'' (S.
Junak, pers. comm. 1993). However, no specimens from this collection
have been found in herbaria with known collections of island species,
and recent surveys have failed to relocate the plant on Anacapa Island
(S. Junak, pers. comm. 1993). Hoffmann reported the plant from ``the
bank above Water Canyon'' on Santa Rosa Island in 1930, but numerous
recent surveys have failed to locate any plants from that location (S.
Junak, pers. comm. 1993). In 1996, a new population of the plant was
discovered near the mouth of Lobo Canyon on Santa Rosa Island
(McEachern 1996, Wilken 1996). The population consists of eight plants,
three of which were flowering and the remaining five were vegetative
rosettes. The plants are located on a rocky shelf overhanging the
canyon, and are associated with giant coreopsis (Coreopsis gigantea),
Greene's dudleya (Dudleya greenei), Indian pink (Silene laciniata), and
non-native grasses. The canyon bottom below the shelf is heavily grazed
and trampled by deer, cattle, and elk.
In addition to the lone population on Santa Rosa Island, Arabis
hoffmannii is also currently known from three small populations that
collectively cover less than 0.4 hectare (1 acre) on Santa Cruz Island.
One of these three populations, near Platts Harbor is located on rocky
volcanic cliffs along a north-facing canyon on lands owned by TNC.
Because of inaccessibility, and the loose structure of the volcanic
rock, the cliff site has not been thoroughly surveyed. Only a few dozen
plants have been directly observed, but the cliffs may support
additional individuals. A second population, near Centinela Grade, is
growing on Santa Cruz Island volcanics and is associated with giant
coreopsis (Coreopsis gigantea), Santa Cruz Island buckwheat (Eriogonum
arborescens), and coastal prickly pear (Opuntia littoralis), on lands
owned and managed by TNC. When Junak relocated this population,
approximately 30 individuals were seen. TNC has monitored this
population since 1990, with fewer than 30 plants observed each year
(Klinger 1994a). The third population on Santa Cruz Island was located
in 1995 near Stanton Ranch, and consists of 16 plants as of 1996
(Wilken 1996).
Recent research by Wilken (1996) on reproductive strategies of
Arabis hoffmannii shows that individual plants in cultivation may
reproduce within 2 years following establishment, with some plants
surviving for at least 5 years. Individual rosettes are monocarpic, but
some plants have more than one rosette. Arabis hoffmannii does not
appear to be dependent upon pollinators for seed set, and individual
plants may produce as many as 3,000 to 4,000 seed. However, the small
sizes of natural populations indicate that establishment success of new
plants is low. Monitoring results at two sites on Santa Cruz Island
(Centinela and Stanton) suggest poor establishment success because of a
lack of favorable seed germination sites, a high rate of seedling
mortality, or a combination of both factors (Wilken 1996). At these two
sites, surviving plants tend to be found in the shade of shrubs where
there is a low cover of annual species, suggesting that Arabis
hoffmannii cannot tolerate competition with a high cover of annual
species. Fewer than 100 plants in total were present in the three
studied populations (Wilken 1996).
The major threats to Arabis hoffmannii are loss of soil, habitat
degradation, trampling of potential seed germination sites by non-
native ungulates, predation resulting from feral pig rooting, and
competition with annual plants.
Arctostaphylos confertiflora (Santa Rosa Island manzanita) was
described by Eastwood in 1934 from a collection made by Hoffmann 4
years earlier ``in a sheltered dell south of Black Mountain'' on Santa
Rosa Island (Eastwood 1934). Munz (1958) published the new combination
Arctostaphylos subcordata var. confertiflora. However, in subsequent
treatments of the genus Wells (1968, 1993) has continued to use the
original taxonomy.
Arctostaphylos confertiflora is a perennial shrub in the heath
(Ericaceae) family that grows 0.1 to 2.0 m (4 in to 6.5 ft) high (Wells
1993). The plant has smooth, dark red-purple bark, densely hairy
branchlets, bracts, and pedicels, and light green, round-ovate leaves.
The flowers are borne in numerous dense

[[Page 40958]]

panicles that mature into flattened reddish-brown fruits (McMinn 1951).
The only other manzanita that occurs on Santa Rosa Island,
Arctostaphylos. tomentosa, forms a fire-resistant burl at the base of
the stems. Arctostaphylos confertiflora is not burl-forming and is
considered an obligate seeder, requiring fire for regeneration. It
occurs in prostrate and upright forms, the former most likely due to
climatic and herbivorous influences (McMinn 1951).
Arctostaphylos confertiflora is known only from two areas on Santa
Rosa Island. All but a few plants occur in the northeast portion of the
island near, and east of, Black Mountain. Individual plants have been
observed at scattered sites from upper Lobo Canyon east to the Torrey
pine groves along Beechen's Bay, a distance of about 5 km (3 mi). Junak
estimated that total habitat for the plant comprises only a few acres
(S. Junak, pers. comm. 1994); Clark et al. (1990) noted that it occurs
in low numbers. During 1994 surveys, three small patches were mapped
within the Torrey pine groves, two in canyons on the north side of
Black Mountain, and one plant near South Point (Rindlaub 1995).
Additional surveys of potential habitat were begun in 1996 by United
States Geological Survey Biological Resources Division (BRD) staff, but
to date, few shrubs have been found (McEachern 1996). Observed shrubs
have had recent twig growth browsed off by deer, and no seedlings or
young plants have been observed. Ungulates have access to more than 90
percent of the plants (McEachern 1996). Fewer than 400 plants are
estimated to occur, all restricted to nearly vertical canyon walls in
eight populations in the Black Mountain vicinity (McEachern and Wilken
1996). Despite the steepness of the slopes, deer and elk are capable of
traveling along trails which provide access to various portions of the
populations. A few individuals are also known from Johnson's Lee on the
south side of the island (Rindlaub 1994).
The plant is found on sedimentary substrates of Monterey shales and
soft volcanoclastic sediments derived from San Miguel volcanics (Weaver
et al. 1969). Near the southern tip of the island, a few individuals
are scattered on the slopes above South Point on sandstone outcrops.
The taxon occurs as a component of mixed chaparral, mixed woodland,
Torrey pine woodland, and island pine woodland communities. Researchers
observed that elk and deer bed down in the shade of larger shrubs,
including Arctostaphylos confertiflora, causing compaction and erosion
of soils, and exposing the roots of the plants (McEachern and Wilken
1996).
Arctostaphylos confertiflora is threatened by soil loss, low
reproductive success, and herbivory by elk and deer that has
contributed to reproductive failure. The seed bank is either absent or
so depleted as a result of soil loss that a catastrophic fire could
eliminate the species because recruitment is dependent upon fire
treated seed.
Berberis pinnata ssp. insularis (island barberry) was described by
Munz (Munz and Roos 1950) based on a specimen collected by Wolf in 1932
``west of summit of Buena Vista Grade (also known as Centinela Grade),
interior of Santa Cruz Island.'' In 1981, Roof included this taxon in
the genus Mahonia because the leaves are compound, in contrast with the
simple leaves of Berberis (Roof 1981). However, Moran (1982) made the
case that this one character was insufficient to defend Mahonia as a
distinct natural group, and many subsequent treatments have included
all North American taxa previously referred to Mahonia as Berberis.
This taxon has been treated as Berberis pinnata ssp. insularis by Munz
(1974), Smith (1976), and Williams (1993).
Berberis pinnata ssp. insularis is a perennial shrub in the
barberry family (Berberidaceae). The plant has spreading stems that
reach 2 to 8 m (5 to 25 ft) high, with large leaves divided into five
to nine glossy green leaflets. Clusters of yellow flowers at the branch
tips develop into blue berries covered with a white bloom (waxy
coating). Because new shoots can sprout from underground rhizomes, many
stems may actually represent one genetic clone (Hochberg et al. 1980b,
California Native Plant Society (CNPS) 1984, Williams 1993). Recent
research indicates that, although the plant is genetically self-
compatible, it requires insect visitation for pollination. Each flower
produces from 2 to 3 seeds, but in seed germination experiments only 8
out of 40 seedlings survived long enough to produce secondary leaves
(Wilken 1996). Observations on the one plant in upper Canada Christy
indicated that, of over 100 flowers that were in bud in January 1996,
only 7 immature fruit had developed by May, 1996 (Wilken 1996).
In a letter to Hoffmann in 1932 concerning Berberis pinnata ssp.
insularis, Munz remarked that, ``Brandegee says of B. pinnata, that it
is ``common'' on S.C. [Santa Cruz]'' (S. Junak, in litt. 1994).
Berberis pinnata ssp. insularis is currently known from three small
populations in moist, shaded canyons on Santa Cruz Island. Hoffmann
found several individuals ``in Elder canyon that runs from west into
Canada de la Casa'' on Santa Rosa Island in 1930 (California Natural
Diversity Data Base (CNDDB) 1993). No plants have been found on Santa
Rosa Island since that time despite surveys by staff from the Service,
NPS, BRD, and Santa Barbara Botanic Garden between 1993 and 1996.
Dunkle collected Berberis pinnata ssp. insularis on West Anacapa Island
in 1940, but the plant was not found there again until 1980, when one
clone was found in Summit Canyon associated with chaparral species,
including poison oak (Toxicodendron diversilobum), monkeyflower
(Mimulus aurantiacus), coyote bush (Baccharis sp.), goldenbush
(Hazardia detonsus), island alum-root (Heuchera maxima) and wild
cucumber (Marah macrocarpus). In 1994, Junak, Halvorson, and Chaney
visited this site and found that the clone had died (Chaney 1994), and
the plant is therefore believed to be extirpated from Anacapa Island.
The three known populations of Berberis pinnata ssp. insularis
occur on Santa Cruz Island. One population on the north slope of Diablo
Peak comprises 24 large stems and 75 small stems (Klinger 1994c); this
number of stems may represent one or several clonal individuals. In
1979, a second population near Campo Raton (Canada Cristy) was
estimated to be fewer than 10 individuals, but in 1985, only one plant
was seen (CNDDB 1994). Habitat for the plant was systematically
searched recently in the Campo Raton area and two individuals were
located. Both plants were in danger of uprooting from erosion and only
one plant flowered but it did not set fruit (Wilken in litt. 1997). The
size of the third known population, at Hazard's Canyon, has not been
determined due to inaccessibility, but Schuyler estimated that there
were between one and seven plants at this location (Wilken 1996).
Berberis pinnata ssp. insularis is threatened by soil loss and
habitat alteration caused by feral pig rooting. Although ex-situ clones
have been established from vegetative cuttings, populations in the
field show no signs of successful sexual reproduction.
Castilleja mollis (soft-leaved paintbrush) was described by Pennell
as Castilleja mollis in 1947, based on material collected on Santa Rosa
Island in 1939 (Ingram 1990, Heckard et al. 1991). Hoover (1970) and
Munz and Keck (1973) included plants of coastal sand dunes of San Luis
Obispo County in the description of this taxon. However, the taxon is
now considered to be endemic to Santa Rosa Island (Ingram 1990, Heckard
et al. 1991).

[[Page 40959]]

Castilleja mollis is a partially parasitic perennial herb in the
figwort (Scrophulariaceae) family. The most likely host in this case is
goldenbush (Isocoma menziesii var. sedoides) (Painter 1995, Wetherwax
1995). The plant has semi-prostrate branches that reach 40 cm (16 in)
in length, with bracts and upper leaves that are grayish, fleshy, broad
and rounded and crowded at the apex, and the bract and calyx are yellow
to yellowish green above (Heckard et al. 1991). Ingram (1990)
identified several morphological differences between Castilleja mollis
and the similar Castilleja affinis, including the indument (covering)
of distinctive branched hairs and rounded stem leaves in the former
taxon. Observations by Rindlaub (1994) and NPS staff (NPS 1996)
indicate that individuals at higher elevations at one site (Carrington
Point) may represent hybrids between Castilleja affinis and Castilleja
mollis.
Two specimens collected from Point Bennett on San Miguel Island by
Elmore in 1938 are possibly Castilleja mollis (Wallace 1985; Heckard et
al. 1991). Despite recent searches, the taxon has not been seen on the
San Miguel Island since then (S. Junak, pers. comm. 1994). Castilleja
mollis is currently known only from two areas on Santa Rosa Island,
Carrington Point in the northeast corner of the island, and west of Jaw
Gulch and Orr's Camp along the north shore of the island. At Carrington
Point, the plant occurs in stabilized dune scrub vegetation dominated
by goldenbush (Isocoma menziesii var. sedoides), lupine (Lupinus
albifrons), and Pacific ryegrass (Leymus pacificus). At Jaw Gulch, the
paintbrush occurs with alien iceplants (Carpobrotus spp. and
Mesembryanthemum spp.), native milk-vetch (Astragalus miguelensis), and
alien grasses.
In 1993, the Jaw Gulch population was estimated to have up to 1,000
individuals covering an area of less than 2 ha (5 ac) (C. Rutherford
and T. Thomas, USFWS, pers. obs. 1993), an estimate confirmed in recent
field studies (McEachern and Wilken 1996). During Ingram's field
studies in 1990, the Carrington Point population consisted of only 20
individuals (Ingram 1990). The current estimate for the Carrington
population is several hundred plants (McEachern and Wilken 1996).
In 1994, Rindlaub gathered abundance and density data for the two
populations: on Carrington Point, population density averaged 0.9
plants/sq m, and at Jaw Gulch, population density averaged 2.0 plants/
sq m. Demographic plots were established in 1995 in both populations.
Although analysis of 1995 and 1996 data is not complete, initial
analysis indicates that approximately 50 percent of Castilleja mollis
stems were broken, either through browsing or trampling. Trailing and
deer droppings have been observed at the Carrington Point population,
and cattle, deer, and elk droppings were observed at the Jaw Gulch
population between 1994 and 1996 (McEachern 1996). The Jaw Gulch
population was also used as a bedding area for deer during the fall of
1993 (Dan Richards, CINP, pers. comm. 1994).
The most severe threat to Castilleja mollis is deer and elk
browsing and grazing. Other threats to Castilleja mollis are soil loss,
habitat alteration and herbivory by cattle, deer bedding, and
competition with alien plant taxa. Castilleja mollis is also known to
be hemi-parasitic, or partially dependent on a host plant for water and
dissolved substances (Chuang and Heckard 1993). Therefore, loss of the
probable host plant, goldenbush, through these same mechanisms also
reduces the ability of Castilleja mollis to reproduce (E. Painter, in
litt. 1997, M. Weatherwax, in litt. 1995).
Dudleya nesiotica (Santa Cruz Island dudleya) was described by
Moran (1950b) as Hasseanthus nesioticus based on a specimen collected
from a ``flat area near edge of sea bluff, Fraser Point,'' on the west
end of Santa Cruz Island in 1950. Three years later, Moran (1953)
transferred the species to the genus Dudleya, as Dudleya nesiotica.
Dudleya nesiotica is a succulent perennial in the stonecrop family
(Crassulaceae). The plant has a corm-like stem with 8 to 16
oblanceolate leaves in a basal rosette from which several flowering
stems 3 to 10 cm (1.2 to 4.0 in) tall arise. The white five-petaled
flowers and resulting fruits are erect to ascending. Recent research by
Wilken (1996) indicates that the number of flowers per plant ranges
from 6 to 12.
Dudleya nesiotica is known only from one population, the type
locality at Fraser Point on the west end of Santa Cruz Island (Vivrett
in litt. 1996). The population is situated on the lowest marine terrace
in coastal scrub and grasslands (Junak et al. 1995). The west end of
the population is associated with sagebrush (Atriplex californica),
iceplant (Mesembryanthemum nodiflorum), alkali heath (Frankenia
salina), goldfields (Lasthenia californica), and pickleweed (Salicornia
subterminalis). The east end of the population is associated with
Australian saltbush (Atriplex semibaccata), brome (Bromus hordeaceus),
goldfields (Lasthenia californica), purple needlegrass (Nasella
pulchra), and vulpia (Vulpia myuros).
Since the time the proposed rule was prepared, more accurate
information on location, extent, and size of populations has been
gathered by Wilken (1996). Within the general area near Fraser Point,
where a total of 13 ha (32 ac) are occupied by the plant, four sites of
high densities were sampled. From 1994 to 1996, estimates of absolute
population size ranged from 30,000 to 60,000 plants (Wilken in litt.
1997) which is a substantial increase in the numbers believed to exist
during the preparation of the proposed rule.
The Nature Conservancy has calculated density, cover, and height of
plants within 30 randomly selected plots at this location since 1991.
Annual variation in density has ranged from 16.9 to 29.1 plants/sq m
(20.2 to 34.8/sq yard), annual variation in cover has ranged from 8.7
to 16.1 percent, and annual variation in height of rosettes has ranged
from 1.27 to 1.68 cm (0.50 to 0.66 in) (Klinger 1995).
Dudleya nesiotica remains vulnerable to soil loss, herbivory by
feral pigs, and disturbance by pig rooting. Like many dudleyas, Dudleya
nesiotica is also vulnerable to collecting for botanical or
horticultural use (Moran 1979).
Galium buxifolium (island bedstraw) was described by Greene in 1886
based on specimens collected on Santa Cruz Island (Ferris 1960). In
1958, Dempster included the taxon as a variety of Galium catalinense.
Ferris (1960) suggested that the taxon was subspecifically distinct
from Galium catalinense. In 1973, Dempster recognized the taxon as a
separate species based on differences in the nutlet hairs between it
and Galium catalinense.
Galium buxifolium is a small, stout woody shrub in the bedstraw
(Rubiaceae) family. The plant grows to 12 decimeters (dm) (4 ft) in
height, and has swollen nodes bearing numerous leafy branches. The
leaves are larger than those of most other Galium taxa, and have
conspicuous lateral veins with stout hairs on the lower surface
(Dempster 1973). The relatively broad leaves and the tiny upward-curved
hairs that cover the fruits are unique characteristics that distinguish
it from the six other species of Galium that occur on the islands
(Hochberg et al. 1980b).
A putative collection of Galium buxifolium was made from the
``Torrey Pine grove, Santa Rosa Island,'' in 1941 by Moran; apparently
this was a misidentified collection of Galium nuttallii (York, in litt.
1987). Therefore no collections of this taxon are known

[[Page 40960]]

from Santa Rosa Island. Galium buxifolium is currently known from Santa
Cruz and San Miguel Islands where it occurs on north-facing sea cliffs.
Eight populations occur on TNC lands on Santa Cruz Island. In 1980,
Hochberg et al. (1980b) noted that two of these populations had fewer
than 50 individuals each, and the remaining populations had less than
six individuals each. No recent status information is available for the
Santa Cruz Island populations. Two populations were located on San
Miguel Island in 1993, one with about 200 individuals, and the other
having fewer than ten plants. Five other historical collections have
been made from the island, but no plants have been seen at these other
localities for almost 30 years. The plant occurs on ``bluffs and rocky
slopes'' (Dempster 1973) in coastal sage scrub and island pine forest.
Galium buxifolium is threatened by soil loss, and habitat
alteration and herbivory from feral pig rooting and sheep grazing.
Gilia tenuiflora ssp. hoffmannii (Hoffmann's slender-flowered
Gilia) was described as Gilia hoffmannii by Eastwood in 1940 based on
collections made by Hoffmann ``in sandy soil at East Point'' on Santa
Rosa Island ten years earlier (Eastwood 1940). Eastwood remarked that,
although the taxon is related to Gilia tenuiflora, no variation of the
latter included the leafy stems and terminal congested inflorescence of
Gilia hoffmannii (Eastwood 1940). Nevertheless, Jepson (1943) included
the taxon in the description of Gilia tenuiflora var. tenuiflora in his
flora of California, as did Abrams (1951) in his flora of the Pacific
states. In 1959, Munz included the varieties of tenuiflora as
subspecies, including ssp. hoffmannii, as per a 1956 treatment by the
Grants (Munz and Keck 1973). This nomenclature was used in the latest
treatment of the genus (Day 1993). Of the four subspecies of Gilia
tenuiflora, the subspecies hoffmannii is the only one that occurs in
southern California. Two other Gilia species occur on Santa Rosa
Island, but G. tenuiflora ssp. hoffmannii is distinguished from them by
the presence of arachnoid woolly pubescence at the base of the stem.
Gilia tenuiflora ssp. hoffmannii is a small, erect annual herb in
the phlox (Polemoniaceae) family. The central stem grows 6 to 12 cm
(2.4 to 4.7 in) tall, arising from a rosette of densely hairy, strap-
shaped, short-lobed leaves. The flowers are purplish and funnel-shaped
below, widening to five pinkish corolla lobes.
Gilia tenuiflora ssp. hoffmannii historically has only been
collected from two locations on Santa Rosa Island. A collection was
made by Reid Moran from the ``arroyo between Ranch and Carrington
Point'' in 1941 (Rutherford and Thomas 1994). In 1994, Rindlaub located
a population of 88 individuals covering 2 sq m that reasonably
corresponds to Moran's site and is grazed by cattle (Rindlaub 1994).
The other historical location is at the type locality near East Point
on Santa Rosa Island, where it is still found. Here, it occurs as a
component of dune scrub vegetation with sand verbena (Abronia
maritima), silver beach-weed (Ambrosia chamissonis), saltgrass
(Distichlis spicata), miniature lupine (Lupinus bicolor), plantain
(Plantago erecta), and sand-dune bluegrass (Poa douglasii) (T. Thomas,
in litt. 1993). In 1994, this population consisted of about 2,000
plants (Rindlaub 1994). During 1994 surveys, a third population
comprised of three colonies was found at Skunk Point. This population
comprised approximately 3,000 to 3,500 individuals that had been
obviously grazed by cattle (Rindlaub 1994).
Gilia tenuiflora ssp. hoffmannii is threatened by soil damage,
habitat alteration and herbivory by cattle, elk and deer. A sandy
service road used by NPS and ranchers bisects the East Point
population. NPS constructed a fence to exclude cattle from a portion of
the largest population; however, a considerable portion of the
population has had increased trampling by cattle and greater impacts
from vehicles as a result of the fence construction and continued use
of the road.
Helianthemum greenei (Island rush-rose) was described by Robinson
as Helianthemum greenei in 1895 (Abrams 1951). The type locality was
described as ``a dry summit near the central part of the island of
Santa Cruz'' (Abrams 1951). This nomenclature was retained in the most
recent treatment for the genus (McClintock 1993).
Helianthemum greenei is a small shrub in the rock-rose (Cistaceae)
family. The plant grows to 0.5 m (18 in) tall and has alternate leaves
covered with star-shaped hairs. The reddish, glandular stalks support
yellow-petaled flowers to 2.5 cm (1 in) wide. The fruit is a pointed
capsule 0.6 cm (0.25 in) long. A more abundant species found on the
islands, Helianthemum scoparium, is similar in appearance, but is not
glandular-hairy and has greenish stalks and smaller fruits (Hochberg
1980b).
McMinn (1951) and later Thorne (1967) reported seeing Helianthemum
greenei on San Miguel Island, but no collections exist from that island
in herbaria (Hochberg et al. 1980b, Wallace n.d.). Two collections of
the plant were made from Santa Rosa Island by Epling and Erickson and
Dunn in the 1930's (Wallace 1985), but no collections on Santa Rosa
Island have been made since that time, despite recent surveys.
Helianthemum greenei was reported from the northeast side of Black Jack
Mountain on Santa Catalina Island by Thorne (1967) in 1966. No
collections have been made at this locality but a population of three
individuals was recently reported from there (Janet Takara, Catalina
Island Conservancy, pers. comm. 1994). Habitat for the plant on Santa
Catalina Island is being grazed by goats, mule deer, and bison, and is
being rooted by pigs.
In addition to the one population on Santa Catalina Island,
Helianthemum greenei is currently known from 14 populations on Santa
Cruz Island. The taxon is found in open, exposed areas in chaparral,
coastal sage scrub, and island pine forest. In 1980, prior to sheep
removal from TNC lands on Santa Cruz Island, Hochberg et al. (1980b)
found that, of ten populations, two had several dozen individuals, and
six others has fewer than six individuals. Hochberg et al. (1980b)
indicated that the plant is eliminated by intense feral animal
disturbance, and noted that the population recorded by Abrams and
Wiggins in 1930 at Pelican Bay has not been relocated. The BRD
sponsored surveys in 1995 and 1996 reported 14 populations, ten of
which had nine as the mean number of plants and four had populations
that ranged from 500 to 1,000 (McEachern and Wilken 1996). The number
of individuals was clearly related to recent fire history with the ten
sites having few individuals being unburned, and four populations with
a mean number of 663 having burned in 1994 (McEachern and Wilken 1996).
Helianthemum greenei is vulnerable to soil damage, altered fire
frequencies and intensities, and rooting by feral pigs.
Malacothamnus fasciculatus var. nesioticus (Santa Cruz Island
bushmallow) was described by Robinson in 1897, as Malvastrum
nesioticum, based on material collected by Greene in 1886 (Robinson
1897). This taxon has been placed in several different genera, as
Malacothamnus nesioticus (Abrams 1910), Sphaeralcea nesiotica (Jepson
1925), Sphaeralcea fasciculata var. nesiotica (Jepson 1936), and
Malvastrum fasciculatum var. nesioticum by McMinn (Kearney 1951).
Kearney (1951) published the combination Malacothamnus fasciculatus
var. nesioticus. Bates (1993) did not recognize var. nesioticus as

[[Page 40961]]

being distinct noting that Malacothamnus fasciculatus is a highly
variable species ``with many indistinct and intergrading local forms.''
Of var. nesioticus, Bates (1993) notes that the taxon is essentially
indistinguishable from the mainland var. nuttallii. However, recent
studies on the genetics of Malacothamnus have determined that var.
nesioticus is a distinct variety (Swenson et al. 1995), and it is
recognized as such in the Flora of Santa Cruz Island (Junak et al.
1995).
Malacothamnus fasciculatus var. nesioticus is a small soft-woody
shrub in the mallow (Malvaceae) family. The plant reaches up to 2 m (6
ft) tall, and has slender branches covered with star-shaped hairs. The
palmately shaped leaves are dark green on the upper surface and gray on
the lower surface. The rose-colored flowers are up to 3.75 cm (1.5 in)
broad and scattered along the ends of the branches (Hochberg et al.
1980b). It is differentiated from the mainland var. nuttallii by its
bicolored leaves and genetic distinction (Swenson et al. 1995).
Malacothamnus fasciculatus var. nesioticus was already rare by the
turn of the century when Greene wrote that the plant was ``rare; only
two bushes seen, and these under the protection of large opuntias;
perhaps thus kept from the sheep'' (Hochberg et al. 1980a).
Malacothanmus fasciculatus var. nesioticus is currently known from two
small populations on Santa Cruz Island where it occurs within a coastal
sage scrub community (Wilken 1996). One population of less than 50
individuals (10 clones) is located on the west shore of the island near
the historic Christy Ranch. The second population was discovered in
1993 in the Central Valley near the University of California Field
Station. Recent genetic analyses of the Central Valley population
indicated that, although there are 19 individual shrubs, they consist
of only 3 genotypes or 3 clones (Swensen et al. 1995). Malacothamnus
fasciculatus var. nesioticus is threatened by soil loss, habitat
alteration, and feral pig rooting.
Malacothrix indecora (Santa Cruz Island malacothrix) was described
by Greene (1886) as Malacothrix indecora based on specimens collected
from ``islets close to the northern shore'' of Santa Cruz Island
(Greene 1886). In 1957, Williams published the combination Malacothrix
foliosa var. indecora (Ferris 1960). Munz (1974) subsequently
synonymized the taxon with Malacothrix foliosa. However, Ferris (1960)
and others (Smith 1976, Davis 1980) continued to recognize the taxon as
a separate species with the name Malacothrix indecora. The latter
nomenclature was retained in the most recent treatment of the genus
(Davis 1993).
Malacothrix indecora is an annual herb in the aster (Asteraceae)
family. The 20 to 40 cm (8 to 16 in) tall stems support numerous
broadly lobed fleshy leaves with blunt tips. The greenish yellow
flowers are in hemispheric heads surrounded by linear bracts (Hochberg
1980b; Scott in Junak et al. 1995). Two other annual species of
Malacothrix occur on the same islands as Malacothrix indecora; however,
the achenes (seeds) of Malacothrix similis are topped with 18 teeth and
1 bristle and Malacothrix squalida is topped with irregular teeth and
no bristle, whereas Malacothrix indecora has neither of these features
(Scott in Junak et al. 1995).
Historical collections of Malacothrix indecora were made from
several locations on the northeast shore of San Miguel Island, and on
Prince Island off of the north shore of San Miguel Island by Greene,
and, later, by Hoffmann (Hochberg et al. 1979; Davis 1987). In 1978,
Hochberg et al. (1979) observed three populations. Halvorson et al.
(1992) reported finding this species at one location during surveys in
1988 and 1989, but no collections were made to confirm identification
of the taxon. On Santa Cruz Island, Malacothrix indecora was collected
near Twin Harbor by Williams in 1939 (Davis 1987), but this population
has not been relocated.
Malacothrix indecora is currently known from two populations. Junak
discovered one population in 1980 at Black Point on the west end of
Santa Cruz Island. Several hundred individuals were observed at this
site by Junak in 1985 in exposed coastal flats, where it was associated
with Santa Cruz Island buckwheat (Eriogonum grande var. rubescens) and
iceplant (Mesembryanthemum nodiflorum) (CNDDB 1991). On a subsequent
trip in 1989, only 50 plants were observed in the same location (S.
Junak, pers. comm. 1994), and fewer than 100 plants in 1996 (Wilken in
litt. 1997). The second population of Malacothrix indecora, also
comprised of fewer than 100 plants, was discovered on Santa Rosa Island
in 1996 at the mouth of Lobo Canyon (Wilken in litt. 1997).
Malacothrix indecora is threatened by soil loss, habitat alteration
and herbivory resulting from feral pig rooting, cattle grazing and
trampling, and seabird activity. Historical habitat for Malacothrix
indecora on San Miguel Island and Prince Island has been altered by
seabird nesting activity.
Malacothrix squalida (island malacothrix) was described by Greene
in 1886 from specimens collected from an islet off the northern shore
of Santa Cruz Island (Greene 1886). In 1957, Williams published the
combination Malacothrix foliosa var. squalida; a year later, Ferris
(1960) published the combination Malacothrix insularis var. squalida.
In 1959, Munz recognized the taxon as Malacothrix squalida; however, 14
years later, he synonymized it with Malacothrix foliosa (Munz 1974). In
a review of insular species of Malacothrix, Davis (1980) recognized the
taxon as Malacothrix squalida, a treatment he recently retained (Davis
1993).
Malacothrix squalida is an annual herb in the aster family. Unlike
Malacothrix indecora, the plant only reaches 9 cm (3.5 in) tall, and
has linear to widely lanceolate leaves that are irregularly toothed or
lobed. The light yellow flowers are clustered in hemispheric heads 12
to 15 millimeters (mm) (0.5 to 0.6 in) long. Malacothrix indecora is
the only other annual Malacothrix that occurs on the same island as
Malacothrix squalida; however, the latter is a much larger species, and
also differs in the achene characteristics previously mentioned (Junak
et al. 1995).
Malacothrix squalida has been collected from two locations along
the north shore of Santa Cruz Island; Greene collected it near
Prisoner's Harbor in 1886, but the species was not seen on the island
again until Philbrick and Benedict collected it in 1968 near Potato
Harbor where sheep overgrazing is a major problem (Rutherford and
Thomas 1994). On Middle Anacapa Island, the plant was first collected
by Martin Piehl in 1963, and more recently in 1978 and 1986. The plant
was known from several small colonies atop coastal bluffs on the east
end of the island. Surveys by Junak and Davis in 1989 failed to find
any individuals, however, this may have been due to the drought that
year (S. Junak, pers. comm. 1994). Although Malacothrix squalida has
not been seen in recent years, all historical localities and potential
habitat for the species have not been inventoried.
All of the historical localities for Malacothrix squalida are
impacted by soil loss, habitat alteration, sheep grazing, and feral pig
rooting. Any extant populations are also likely to be threatened by
these factors. Seabird nesting may have localized impacts to some
populations on Middle Anacapa Island.
Phacelia insularis ssp. insularis (island phacelia) was described
by Munz in 1932 based on plants growing ``on sand dunes at northeastern
part of Santa

[[Page 40962]]

Rosa Island'' (Munz 1932). Jepson published the new combination
Phacelia curvipes var. insularis in 1943. After examining specimens
from coastal northern California and determining their affinity to the
island plants, Howell (1945) re-elevated the taxon to specific level,
separating out the northern California plants as Phacelia insularis
var. continentis, leaving Phacelia insularis var. insularis to refer to
the island plants. In 1951, Abrams, who did not have access to
collections of Phacelia from northern California, included the taxon in
the description of Phacelia divaricata, a taxon common in southern
California. In 1959, Munz published the new combination Phacelia
divaricata var. insularis. Constance agreed with Howell's
interpretation and has referred to the taxon as Phacelia insularis var.
insularis (Constance 1979). This nomenclature was retained in the
latest treatment of the genus (Wilken et al. 1993).
Phacelia insularis ssp. insularis is a decumbent (reclining),
branched annual of the waterleaf (Hydrophyllaceae) family. The short-
hairy and glandular stems grow to 1.5 dm (6 in) high from a basal
rosette of leaves. The small lavender to violet, bell-shaped flowers
are borne in loose cymes. Phacelia insularis var. insularis can be
distinguished from the other species of Phacelia on the islands based
on the hastate leaf shape with basal lobes. The other Phacelia have
pinnately divided or undivided but ovate leaves.
Phacelia insularis ssp. insularis occurs on Santa Rosa Island and
San Miguel Island. Clifton Smith collected the species at Carrington
Point on Santa Rosa Island in 1973, where Sarah Chaney also found the
species in 1994. In subsequent surveys 31 plants were reported from
this site (Rindlaub 1994). On San Miguel Island, Phacelia insularis
ssp. insularis was collected by Hoffmann in 1930 and by Munz in 1932.
It was not collected again until 1978, when four populations were found
(Hochberg et al. 1979). Drost relocated one of these sites on a bluff
above Cuyler Harbor in 1984 (Halvorson et al. 1992). NPS staff has been
watching for the taxon on San Miguel Island, but it has not been seen.
The population on Santa Rosa Island is currently the only known
occurrence. Phacelia insularis ssp. insularis is found within the
island grassland community which is dominated by alien grasses,
including slender wild oat (Avena barbata), wild oat (Avena fatua),
ripgut (Bromus diandrus), and soft chess (Bromus hordeaceus), with
scattered native bunchgrasses, shrubs, and herbs (Hochberg et al.
1979).
Phacelia insularis ssp. insularis is threatened by soil damage,
competition with non-native grasses, and habitat alteration caused by
cattle grazing, and elk and deer browsing.
Thysanocarpus conchuliferus (Santa Cruz Island fringepod) was
described by Greene in 1886 based on material he and Brandegee
collected where they found it ``common on mossy shelves and crevices of
high rocky summits and northward slopes'' on Santa Cruz Island (Greene
1886b). Four decades later, Jepson published the new combination
Thysanocarpus laciniatus var. conchuliferus as one of three varieties
of Thysanocarpus laciniatus (Jepson 1925). Later, Abrams (1944) treated
the plant as a species. Munz, however, considered it to be one of six
varieties of Thysanocarpus laciniatus (Munz and Keck 1973). In the most
recent treatment of the genus, Rollins treated the plant as a species
(Rollins 1993).
Thysanocarpus conchuliferus is a small delicate annual herb in the
mustard (Brassicaceae) family. The one to several branches grow 5 to
12.7 cm (2 to 5 in) high. The narrow, linearly lobed leaves alternate
along the stems, which terminate in a raceme of minute pink to lavender
flowers. While all members of this genus have round, flattened fruits
with wings, Thysanocarpus conchuliferus is the only species in the
genus with a bowl-shaped fruit; this taxon is also smaller in stature
than Thysanocarpus laciniatus, which occurs in the same habitat (Wilken
in litt. 1997).
In 1932, Ralph Hoffmann reported that Thysanocarpus conchuliferus
was ``frequent * * * from the north shore to the southwest portion of
the island'' (Hochberg et al. 1980a). Fourteen historical locations are
known from herbarium records. In 1980, eight of these populations were
relocated (Hochberg et al. 1980b). In 1991, plants were found at six of
these locations, but no plants were found at five other sites (Klinger
1994b). In 1993, no individuals were found at any of the 14 reported
locations. Survey reports indicate that, in addition to abundant
rainfall that may have increased competition from alien grasses,
rooting by feral pigs was observed at all 14 locations (Klinger 1994b).
No verifiable observations of this species have been made in over 2
years, but all historic locations have not been revisited (Wilken in
litt. 1997).
Thysanocarpus conchuliferus occurs on rocky outcrops on ridges and
canyon slopes, and is associated with a variety of herbs, ferns,
grasses, dudleya, and Selaginella (Santa Barbara Botanic Garden 1994).
All of the historical localities for Thysanocarpus conchuliferus are
impacted by soil loss, habitat alteration and predation resulting from
feral pig rooting. Any extant populations are also likely to be
threatened by these factors.
Because all 13 taxa occur only as small, isolated populations with
few individuals, these plant species are also more vulnerable to
extinction by such random events as storms, drought, or landslide. The
small populations and few individuals may also make these taxa
vulnerable to reduced reproductive vigor.

Previous Federal Action

Federal action on these plants began as a result of section 12 of
the Endangered Species Act of 1973, which directed the Secretary of the
Smithsonian Institution to prepare a report on those plants considered
to be endangered, threatened, or extinct in the United States. This
report, designated as House Document No. 94-51, was presented to
Congress on January 9, 1975. In that document, Arabis hoffmannii,
Castilleja mollis, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
and Berberis pinnata ssp. insularis were considered to be threatened,
and Dudleya nesiotica and Malacothamnus fasciculatus var. nesiotica (as
Malacothamnus fasciculatus) were considered to be endangered. The
Service published a notice in the July 1, 1975, Federal Register (40 FR
27823) of its acceptance of the report of the Smithsonian Institution
as a petition within the context of section 4(c)(2) (petition
provisions are now found in section 4(b)(3) of the Act) and its
intention thereby to review the status of the plant taxa named therein.
On June 16, 1976, the Service published a proposal in the Federal
Register (42 FR 24523) to determine approximately 1,700 vascular plant
species to be endangered species pursuant to section 4 of the Act.
Dudleya nesiotica was included in the June 16, 1976, Federal Register
document.
General comments received in relation to the 1976 proposal were
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). The Endangered Species Act Amendments of 1978 required that all
proposals over 2 years old be withdrawn. A 1-year grace period was
given to those proposals already more than 2 years old. In the December
10, 1979, Federal Register (44 FR 70796), the Service published a
notice of withdrawal of the portion of the June 6, 1976, proposal that
had not been made final, along with four other proposals that had
expired.

[[Page 40963]]

The Service published an updated notice of review for plants on
December 15, 1980 (45 FR 82480). This notice included Arabis
hoffmannii, Berberis pinnata ssp. insularis, Castilleja mollis, Dudleya
nesiotica, and Malacothamnus fasciculatus var. nesiotica as category 1
taxa. Category 1 taxa were those for which the Service had on file
substantial information on biological vulnerability and threats to
support preparation of listing proposals. Arctostaphylos confertiflora,
Galium buxifolium, and Gilia tenuiflora ssp. hoffmannii were included
as category 2 taxa. Category 2 taxa were those for which data in the
Service's possession indicate listing is possibly appropriate, but for
which substantial data on biological vulnerability and threats were not
currently known or on file to support proposed rules. On February 28,
1996, the Service published a notice of review in the Federal Register
(61 FR 7596) that discontinued the designation of category 2 species as
candidates.
On November 28, 1983, the Service published in the Federal Register
a supplement to the Notice of Review (48 FR 53640), in which Arabis
hoffmannii was listed as a category 1* taxon, the asterisk indicating
that the species was believed to be extinct. In the same notice,
Castilleja mollis, Dudleya nesiotica, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, Berberis pinnata ssp. insularis (as Mahonia),
Malacothamnus fasciculatus, Phacelia insularis var. insularis, and
Thysanocarpus conchuliferus were included as Category 2 candidates.
The plant notice was revised again on September 27, 1985 (50 FR
39526). In that notice, all taxa maintained their previous status. On
February 21, 1990 (55 FR 6184), the plant notice was again revised. In
this notice, Arabis hoffmannii was included as a category 1 candidate,
as individuals of this taxon had been rediscovered since the previous
Notice of Review. Arctostaphylos confertiflora, Castilleja mollis,
Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, Berberis pinnata ssp. insularis, Malacothamnus
fasciculatus, Phacelia insularis var. insularis, and Thysanocarpus
conchuliferus were included as category 2 candidates. Malacothrix
indecora was included in the February 21, 1990, notice for the first
time as a category 2 candidate.
The plant notice was revised on September 30, 1993 (58 FR 51144).
In this notice, Arabis hoffmannii, Arctostaphylos confertiflora,
Castilleja mollis, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Berberis pinnata ssp. insularis, Malacothamnus fasciculatus var.
nesioticus, Malacothrix indecora, Phacelia insularis var. insularis,
and Thysanocarpus conchuliferus were included as category 1 candidates.
Dudleya nesiotica and Helianthemum greenei were included as category 2
candidates; Malacothrix squalida was included for the first time as a
category 2 candidate.
On July 25, 1995, the Service published a proposed rule in the
Federal Register (60 FR 37993) to list Arabis hoffmannii,
Arctostaphylos confertiflora, Berberis pinnata ssp. insularis,
Castilleja mollis, Dudleya nesiotica, Galium buxifolium, Gilia
tenuiflora ssp. hoffmannii, Helianthemum greenei, Malacothamnus
fasciculatus var. nesioticus, Malacothrix indecora, Malacothrix
squalida, Phacelia insularis var. insularis, and Thysanocarpus
conchuliferus as endangered. Also included in this proposed rule were
Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. ``East Point,''
and Heuchera maxima as endangered. Based upon new information received
since publishing the proposed rule, the proposed listing of the latter
three taxa has been withdrawn by the Service as announced in a separate
Federal Register notice published concurrently with this final rule.
Section 4(b)(3)(B) of the Act requires the Secretary to make
certain findings on pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1982, be treated as having been
newly submitted on that date. This was the case for Arabis hoffmannii,
Castilleja mollis, Dudleya nesiotica, Galium buxifolium, Gilia
tenuiflora ssp. hoffmannii, Berberis pinnata ssp. insularis, and
Malacothamnus fasciculatus var. nesioticus because the 1975 Smithsonian
report had been accepted as a petition. On October 13, 1983, the
Service found that the petitioned listing of these species was
warranted, but precluded by other pending listing actions, in
accordance with section 4(b)(3)(B)(iii) of the Act; notification of
this finding was published on January 20, 1984 (49 FR 2485). Such a
finding requires the petition to be recycled, pursuant to section
4(b)(3)(C)(I) of the Act. The finding was reviewed in October of 1984
through 1993. Publication of the proposed rule constituted the
warranted finding for these species.
The processing of this final rule follows the Service's fiscal year
1997 listing priority guidance published in the Federal Register on
December 5, 1996 (61 FR 64475). The guidance clarifies the order in
which the Service will process rulemakings following two related
events: (1) the lifting, on April 26, 1996, of the moratorium on final
listings imposed on April 10, 1995 (Public Law 104-6), and (2) the
restoration of significant funding for listing through the Omnibus
Budget Reconciliation Act passed 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
outstanding proposed listings. This final rule falls under Tier 2.

Summary of Comments and Recommendations

In the July 25, 1995 proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to the development of a final rule.
Appropriate Federal agencies, State agencies, local governments,
scientific organizations, and other interested parties were contacted
and requested to comment. Newspaper notices inviting public comment
were published on August 5, 1995 in the Santa Barbara News-Press and on
August 11, 1995 in the Los Angeles Times. The comment period closed on
October 9, 1995. A second comment period was opened from January 22,
1997 to February 21, 1997 (62 FR 3263) because of substantive changes
in the status and conservation efforts for the benefit of several of
the taxa in the rule.
In compliance with Service policy on information standards under
the Act (59 FR 34270: July 1, 1994), the Service solicited the expert
opinions of three appropriate and independent specialists regarding
pertinent scientific or commercial data and assumptions relating to the
taxonomy, population status, and supportive biological and ecological
information for the 16 proposed plants. Comments from these reviewers
included corrections to the range of the species, the acceptance of the
taxonomic determination for one of the species, and additional
information on populations and status for several of the species in the
rule. These revisions have been incorporated into this final rule.
The Service received 15 letters concerning the proposed rule during
the comment periods, including those of one State agency and 14
individuals or groups. Eleven commenters supported

[[Page 40964]]

the listing proposal, one opposed it, and three were neutral.
The Service has reviewed all of the written comments received
during both comment periods. Some specific comments were received
pertaining to the three taxa (Dudleya blochmaniae ssp. insularis,
Dudleya sp. nov. ``East Point,'' and Heuchera maxima) being withdrawn
in a separate Federal Register notice published concurrently with this
rule. These comments were incorporated into the notice of withdrawal.
General comments received on all 16 taxa included in the proposed rule
are addressed here. Several comments dealt with matters of opinion or
legal history that were not relevant to the listing decision. Several
commenters provided additional information that, along with other
clarifications, has been incorporated into the ``Background'' or
``Summary of Factors'' sections of this final rule. Opposing and
technical comments on the rule have been organized into specific
issues. These issues and the Service's response to each issue are
summarized as follows:
Issue 1: One commenter asserted that the proposed action would
result in a taking of private property, that the Vail and Vickers'
rights to graze on Santa Rosa Island would be compromised, and that the
Service must consider the economic impact, including the cost of
purchasing the remaining portion of the 25 year lease, if the plants
are listed.
Service Response: Santa Rosa Island has been the property of the
United States Government since its acquisition in 1986. The National
Park and Recreation Act of 1978, as amended (16 U.S.C. 410ff-1(d)(1))
states that the owner of a property acquired for a National Park may
retain the right of use and occupancy of all or a portion of such
property as the owner may elect. The warranty deed of sale between the
Federal government and Vail and Vickers specifies a right reserving to
the grantors (Vail) the right of the residential use and occupancy for
a period of 25 years under the terms and conditions set forth in
Exhibit ``A.'' The reserved premises were defined in Exhibit ``A'' as
three rectangular areas, including the ranch house, totaling 3 ha (7.6
ac) that shall be used only for non-commercial residential purposes
(NPS 1987). The conditions of 16 U.S.C. 410-1(d)(2) state that any
property to which a right of use and occupancy was not reserved by the
former owner may be leased by the Secretary at the request of the
former owner so long as the use of the property is compatible with the
administration of the park and with the preservation of the resources
therein. No lease agreement exists between Vail and Vickers and the
NPS, and no grazing rights were retained by the grantors in the deed of
sale or in any documents or communications provided to the Service by
the NPS. Grazing has been allowed through the issuance of discretionary
renewable 5-year Special Use Permits that are separate and distinct
from the conditions of sale. Uner 16 U.S.C. 410-1(d)(1), the Secretary
was allowed to tender to the prior owner the amount equal to the fair
market value of that portion which remains unexpired for only the lands
in the area specified in the conditions of use and occupancy. The
specified conditions of use and occupancy will not be affected by this
listing action.
In addition, under section 4(b)(1)(A) of the Act, a listing
determination must be based solely on the best scientific and
commercial data available about whether a species meets the Act's
definition of a threatened or endangered species. The legislative
history of this provision clearly states the intent of Congress to
``ensure'' that listing decisions are ``based solely on biological
criteria and to prevent non-biological considerations from affecting
such decisions,'' H. R. Rep. No. 97-835, 97th Cong. 2d Sess. 19 (1982).
As further stated in the legislative history, ``Applying economic
criteria * * * to any phase of the species listing process is applying
economics to the determinations made under section 4 of the Act and is
specifically rejected by the inclusion of the word ``solely'' in this
legislation,'' H. R. Rep. No. 97-835, 97th Cong. 2d Sess. 19 (1982).
Because the Service is precluded from considering economic impacts in a
final decision on a proposed listing, the Service has not examined such
impacts.
Issue 2: One commenter stated that the proposed listing action
during the listing moratorium was illegal.
Service Response: The listing moratorium prohibited the Service
from funding any actions for final listing determinations. It did not
affect the preparation and publication of proposed rules. The Service
adhered strictly to the conditions of the moratorium and ceased related
listing activity once the proposed rule process was finished.
Issue 3: Two commenters stated that the Service did not give proper
credence to data presented by ranchers, other land managers, and
experts and that the Service gave more weight to information provided
by California Native Plant Society volunteers.
Service Response: Starting in 1992, the Service requested from the
public, in writing and in meetings, information on the status of the
plants and any data that would assist the Service in making a
determination in this action. All data provided prior to and during the
public comment periods or in the public meetings were included in the
analysis to prepare the proposed rule and this final rule. The Service
is not aware of any field data collected by the California Native Plant
Society.
Issue 4: Two commenters stated that abrupt termination of livestock
grazing would be extremely harmful to the ecosystems and plant
communities of Santa Rosa Island, specifically by increasing the
potential for weed invasion.
Service Response: The Service has never advocated and is not
proposing the abrupt termination of livestock grazing on Santa Rosa
Island. A Conservation Strategy Team (Team) composed of Service, NPS,
and BRD biologists have prepared a Conservation Strategy for Santa Rosa
Island that recommends a gradual reduction of cattle and horses, with
total removal by 2011, the expiration date of the reserved right of use
and occupancy (Coonan et al. 1996). Santa Rosa Island has the smallest
proportion of weed species to native species ratio of any of the
Channel Islands and the NPS has been actively managing the aggressive
invasive aliens. Santa Rosa Island has 98 non-native plants and Santa
Cruz Island has 170 non-native plants (Junak 1996). The life history
and reproductive characteristics of the weedy species on Santa Rosa
Island are adaptations that allow them to take advantage of freshly
disturbed sites, such as those that are created by the current domestic
livestock management on the island. Surveys conducted by the NPS show
that the weed distribution corresponds with the areas that have the
highest cattle use. It was the conclusion of the Team that the removal
of the non-native grazers and browsers (including deer and elk) from
the island would decrease the amount of open habitat available for weed
invasion and would therefore result in a decline in weed numbers
(Coonan et al. 1996). An additional benefit to the island ecosystem
from the reduction and eventual elimination of grazing and browsing is
that shrub would reoccupy the introduced grasslands that are
artificially maintained by current grazing practices (Coonan et al.
1996).
Issue 5: One commenter claimed that the proposed rule seemed to
imply that all grazing is overgrazing. The commenter objected to the
statement that ``the ultimate control on population sizes for livestock
on islands has been starvation'' and asserted that the rule
characterized cattle grazing as a disease or predation rather than
utilization.

[[Page 40965]]

Service Response: The Service did not refer to all grazing as
overgrazing. Grazing during drought conditions has resulted in severe
damage to the native vegetation and could be considered overgrazing,
especially when livestock starvation has occurred. Such events are
described and documented in the ``Background'' section of this rule.
The listing provisions of the Act provide that a species may be
determined to be endangered or threatened species due to one or more of
the five factors described in section 4(a)(1) of the Act. One of the
factors is ``Disease or Predation'' and the Service normally addresses
the effects of herbivory by any animal, including livestock, in the
discussion of this factor.
Issue 6: One commenter stated that there was a lack of evidence of
the relationship between grazing and the plants in question.
Service Response: The Service has used over 100 references in
preparing the final rule. Three levels of information are available:
(i) An extensive body of literature on the impacts of non-native
mammals to insular vegetation and plant species, (ii) the results of
long-term vegetation monitoring by the NPS, and, (iii) specific
observations on specific plants, e.g., deer and elk impacts to
Castilleja mollis and others cited in the ``Factors Affecting the
Species'' section of this rule. This rule also cites information
concerning how the condition of the habitat upon which these species
depend has been degraded by grazing and browsing.
In addition, international conservation biologists familiar with
island biology recognized the damage that non-native mammals cause to
insular biota when the Society for Conservation Biology unanimously
passed a resolution to promote the elimination of non-native mammals
from all of the islands off the coast of western North America (Tershy
et al. 1994).
Issue 7: One commenter was concerned that the rule stated that
increased sedimentation resulted from livestock grazing but that
current sedimentation rates were not presented.
Service Response: Data on current sedimentation rates has been
added to the rule. A sediment and pollen analysis has documented both
the increase in sedimentation and the type conversion of habitat from
brush to grass since grazing was introduced to the island. The current
sedimentation level is an order of magnitude greater than that prior to
the introduction of grazing. Please see the Factor A discussion under
the ``Factors Affecting the Species'' section for further details.
Issue 8: One commenter stated that an existing range management
plan was designed to protect resources and that the Service claimed
that the range management plan currently in use for Santa Rosa Island
``does not address protection of the proposed taxa.''
Service Response: The Service maintains that the range management
plan does not address protection of the proposed taxa. Although the
plan suggests that monitoring and studies should occur, the Service
does not consider potential or actual studies as a management action
that would provide protection for the taxa under consideration.
Issue 9: Two commenters expressed concern that the Service is not
proposing critical habitat for the taxa that occur on Santa Rosa
Island.
Service Response: The Service has considered the designation of
critical habitat for these species and determined that it is not
prudent to establish critical habitat. Because of the few, small
populations of each of the species on Federal land, any determination
of adverse modification would also result in jeopardy. Thus, the
establishment of critical habitat would provide no additional benefit
over that of the jeopardy standard contained in section 7 (a)(2) of the
Act. Please see the ``Critical Habitat'' section of this rule for
further information.
Issue 10: One commenter suggested that the listing of these species
will severely limit management options.
Service Response: The Service believes that an array of management
options are available to the NPS that are consistent with NPS
regulations, policy, and guidelines.
Issue 11: One commenter raised the concern that the Service was
required to comply with the National Environmental Policy Act (NEPA)
and must also prepare a Takings Implication Assessment, as directed by
Presidential Executive Order 12630, before issuing a final rule.
Service Response: NEPA is addressed under the section entitled
``National Environmental Policy Act'' in this rule, as it was in the
proposed rule. The Attorney General has issued guidelines to the
Department of the Interior (Interior) on implementing Executive Order
12630 (Governmental Actions and Interference with Constitutionally
Protected Property Rights). Under these guidelines, a special rule
applies when an agency within Interior is required by law to act
without exercising its usual discretion, that is, to act solely upon
specified criteria that leave the agency no choice. In the present
context, the Service's action cannot consider economic information in
reaching a listing decision.
In such cases, the Attorney General's guidelines state that Taking
Implications Assessments (TIAs) shall be prepared after, rather than
before, the agency makes the decision in which its discretion is
restricted. The urpose of the TIAs in these special circumstances is to
inform policy makers of areas where unavoidable taking exposures exist.
Such TIAs must not be considered in the making of administrative
decisions that must, by law, be made without regard to their economic
impact. In enacting the Endangered Species Act, Congress required that
listings be based solely on scientific and commercial data showing
whether or not the species are in danger of extinction. Thus, by law
and by U.S. Attorney General guidelines, the Service is forbidden to
conduct TIAs prior to listing.
Issue 12: One commenter indicated that the Service must undertake a
more comprehensive study of the proposed taxa on Santa Rosa Island.
Service Response: Section 4(b)(1)(A) of the Act requires that a
listing determination on whether a species meets the Act's definition
of a threatened or endangered species be based on the best scientific
and commercial data available. The Service has considered all available
information regarding the past, present, and future threats faced by
the taxa in this rule, including that submitted during the public
comment periods, in making this listing determination.
Issue 13: Two commenters inquired about the justification for a
second public comment period. One commenter stated that the Service did
not have the statutory authority to consider comments and information
after the statutory deadline for issuing a final determination on the
proposed plants. One commenter suggested that the Service should have
published a more detailed account of the new information.
Service Response: The processing of this final rule follows the
Service's listing priority guidance published in the Federal Register
on December 5, 1996 (61 FR 64475). The processing of a final listing is
a Tier 2 action under this guidance (61 FR 64479). The Service
explained in the Federal Register notification for reopening of the
comment period that there was significant new information regarding the
status of several of the taxa under consideration for listing that may
affect the determination of their listing. The

[[Page 40966]]

Congressional moratorium on funding for final rule determinations
prevented the Service from conforming to statutory deadlines. The
Federal Register notice provided an opportunity for the public to
request any information that would assist them in preparing a response.
The Service is obligated to consider the best available scientific and
commercial evidence in deciding whether to list a species.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information
available, the Service has determined that Arabis hoffmannii (Munz)
Rollins, Arctostaphylos confertiflora Eastw., Berberis pinnata Lag.
ssp. insularis Munz, Castilleja mollis Pennell, Galium buxifolium
Greene, Gilia tenuiflora Benth. ssp. hoffmannii (Eastw.) A.D. Grant &
V.E. Grant, Malacothamnus fasciculatus (Torr. & A.Gray) Greene ssp.
nesioticus (B.L. Rob. in A. Gray) Kearney, Malacothrix indecora Greene,
Malacothrix squalida Greene, Phacelia insularis Munz var. insularis,
and Thysanocarpus conchuliferus Greene should be classified as
endangered species, and that Dudleya nesiotica Moran and Helianthemum
greenei B.L. Rob. in A. Gray should be classified as threatened
species. Section 4 of the Endangered Species Act (16 U.S.C. 1531 et
seq.) and regulations (50 CFR part 424) promulgated to implement the
listing provisions of the Act set forth the procedures for adding
species to the Federal lists. A species may be determined to be an
endangered or threatened species due to one or more of the five factors
described in section 4(a)(1).

These factors and their application to the 13 plant taxa in this
rule are as follows:

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

The primary threat to the species included in this rule is the
ongoing loss of soils, because the soils are the foundation for the
unique island ecosystems and their endemic species. A significant
increase in the rate of soil loss resulting in substantial alterations
of the natural habitats of these species began with the introduction of
non-native sheep, goat, cattle, deer, elk, bison, and pigs on the
various islands in the early 1800's. Soil erosion continues to this day
at a rate that remains an order of magnitude greater than that prior to
the introduction of alien mammals (Cole and Liu 1994). Soil loss is a
significant threat to most existing populations of, and precludes
seedling establishment for, Arabis hoffmannii, Arctostaphylos
confertiflora, Berberis pinnata ssp. insularis, Castilleja mollis,
Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, Malacothamnus fasciculatus ssp. nesioticus,
Malacothrix indecora, Malacothrix squalida, Phacelia insularis var.
insularis, and Thysanocarpus conchuliferus.
The deep incision of many canyons on Santa Rosa Island illustrates
the dramatic loss of sediment and, by inference, entire riparian
systems that are virtually absent from the island. These incised
arroyos cut into fine-grained alluvium built up by thousands of years
of deposition, and those incisions and the sedimentation have left a
quantitative record of the shift in geomorphic regimes resulting from
large herbivores denuding the landscape that continues today (Cole and
Liu 1994).
The increased loss of soils and the consequent changes in
vegetation due to the introduction of alien mammals have been
documented from sediment and pollen records in a soil core dating back
5,200 years from the Old Ranch Canyon marsh on eastern Santa Rosa
Island (Cole and Liu 1994). Rates of sedimentation prior to the
introduction of livestock averaged 0.7 mm/year (yr) (0.035 in/yr),
increased to 23 mm/yr (0.9 in/yr) during the peak sheep grazing era,
and now average 13.4 mm/yr (0.13 in/yr), 19 times greater than that
prior to grazing (Cole and Liu 1994).
Pollen records demonstrate that the conversion of brushland to
grassland occurred with the onset of ranching in the early 1800's. This
change in vegetation is reflected by an increased abundance of grass
pollen and a decrease in pollen from the mint and pea families in the
soil core (Cole and Liu 1994). Coastal sage scrub is dominated by sage
species (mint family), lupines and deervetch (pea family). Shallow
rooted non-native grasses now dominate the island and are much less
efficient as slope stabilizers than the deep-rooted native shrubs they
have replaced.
Continued grazing has prevented the ability of the shrub species to
recover and reestablish their function as an important source of
erosion control. Large sediment loads remain a significant problem as
illustrated by the recent attempts to stabilize soils at Johnson's Lee
on the south side of Santa Rosa Island, where rice straw wattles placed
along hillside contours trapped large volumes of sediment after only
one season of rain (Sellgren 1994).
A comparison of historical descriptions of island vegetation with
current conditions also indicates that large-scale habitat alterations
caused by large numbers of non-native mammals on the islands resulted
in significant loss of soils as well as changes in the structure,
composition, and richness of plant communities. In 1883, Thompson and
West described the effects of sheep grazing on Santa Cruz Island--``The
island becomes at some times overstocked, and may be said to be in that
condition much of the time. The result is that the grasses, being
cropped so close, die out, and allow the loosened soil to be removed by
wind and rain'' (Hochberg et al. 1980a). At that time, however,
vegetation elsewhere on the island was still relatively intact; Greene
described mixed forests of large-leaved maple (Acer macrophyllum), live
oak (Quercus agrifolia), black cottonwood (Populus trichocarpa), and
willow (Salix laevigata) thriving in the canyons (Hochberg et al.
1980a). Another account was given by Delphine Adelaide Caire in 1933,
who reflected on the conditions of Santa Cruz Island--``Its present
natural beauty does not come up to that of the past. The bed of the
stream that skirts the Main Ranch on its way from Picacho Diablo was
much narrower than it is today; mountain slopes were heavily wooded and
centuries-old oaks were numerous. In the course of years, rains have
accomplished their ruinous work, carrying off a great amount of
topsoil, the innumerable trails cut by sharp sheep trotters having been
a contributing factor in such devastation'' (Hochberg et al. 1980a).
The historic and current presence of non-native herbivores and pigs has
reduced leaf litter and compacted and degraded the soil structure,
resulting in accelerated rates of erosion (Klinger et al. 1994, Nishida
1994).
The importance of soils in maintaining habitat for the taxa is
found not only in their physical properties, but in their biotic
properties as well. Healthy soils provide habitat for a complex
assemblage of soil organisms, including fragile microbial components,
that assist in such processes as water-holding capacity, soil
fertility, and nutrient cycling. These processes have been adversely
affected by the activities of alien mammals. For instance, the loss of
leaf litter from trampling and rooting changes soil temperatures,
increases the loss of moisture, reduces the humus layers, and results
in a reduced soil fauna (Bennett 1993). Breakdown of organic material,
transport of fungal spores, and nutrient recycling by soil mites have
all been documented on Santa Catalina Island (Bennett 1993).

[[Page 40967]]

Soil mite diversity decreased with increased disturbance, and resulted
in impoverished nutrient levels in the soil (Bennett 1993). A feature
of arid land soils, such as those in the islands, is the presence of a
cyanobacterial-lichen crust that facilitates stabilization of steep
slopes and nutrient cycling (Belnap 1994). These crusts are extremely
brittle during the dry summer months and can be eliminated by the
shattering influences of trampling by non-native herbivores (Belnap
1994). Mycorrhizal associations are likely to occur with most of the
species in this rule, and may have been damaged and therefore function
at reduced efficiencies (Painter in litt. 1997). Such associations
function as extensions of the root system and are of particular
importance to arid land plant species such as those in this rule.
Damaged mycorrhizal associations reduce the health and vigor of their
host species.
The large herds of grazing animals that shatter the crustal
integrity of the soil surface also result in dust coating the foliage
of all the native vegetation. Dust negatively affects plants by
reducing photosynthesis, respiration, transpiration, and complicating
pollination efficiency (Painter in litt. 1997). Intense winds blow from
the northwest that can be highly erosive. When the integrity of the
natural habitat is disturbed there is an accelerated rate of erosion
above that which would result from just rain alone. No opportunity for
leaf litter or soil to accumulate exists on the exposed ridge tops with
continual non-native animal disturbance (Clark et al. 1990).
Even after the agents that initiated erosion have been removed,
loss of soils continues (Clark et al. 1990, Halvorson 1993). Because
both the biotic and physical properties of the soils have been degraded
or lost altogether, the soils that remain behind provide poor
conditions for seedlings to germinate and establish. On Santa Rosa
Island, a grove of island oaks (Quercus tomentella), a species of
special concern, has shown few signs of regeneration on soils severely
affected by erosion even after an exclosure was built to eliminate
cattle, elk, and deer (Danielsen 1989a, 1989b). The zone below an
Arabis hoffmannii population on Santa Rosa Island is inhospitable to
seed germination because of cattle trampling and soil churning
(McEachern and Wilken 1996). Seed rain from that population falls onto
areas that are highly trampled and churned eliminating any chance for
population expansion from its precarious cliff location. Arabis
hoffmannii is monocarpic and damage from trampling may delay flowering,
or even preclude reproduction of trampled individuals. Flowers produced
later in the season out of synchrony with pollinator activity results
in lower seed productivity (Painter in litt. 1997).
Wherever shrubs of Arctostaphylos confertiflora have been browsed
to form a canopy, the understory is heavily trampled by deer and elk
and the bedrock is eroding away around the roots (McEachern 1996,
McEachern and Wilken 1996). The soil from around the roots of Berberis
pinnata ssp. insularis on Santa Rosa Island, Dudleya nesiotica on Santa
Cruz Island, and Malacothamnus fasciculatus ssp. nesioticus on Santa
Cruz Island, is actively eroding (Wilken in litt. 1997). Dudleya
nesiotica plants at Fraser Point on Santa Cruz Island were observed to
have been preferentially rooted by pigs in 1995 and 1996 (Painter in
litt. 1997, McEachern 1996, Wilken 1996). In 1993, when perhaps as much
as 20 percent of the Carrington Point populations of Castilleja mollis
was consumed by deer, individual plants were excavated, leaving
depressions in the sandy soils where plants had been observed 5 months
earlier (Sarah Chaney, NPS, pers. comm. 1993). More recently
researchers have documented that both deer and elk are damaging both
populations of Castilleja mollis (McEachern 1996). Galium buxifolium is
threatened on Santa Cruz Island where trampling and pig rooting along
the seacliffs increases the likelihood of slope failure (Hochberg et
al. 1980). Unfenced portions of Gilia tenuiflora ssp. hoffmannii on
Santa Rosa Island are areas where cattle concentrate and churn the soil
(Painter in litt. 1997). All Helianthemum greenei habitat is damaged
from rooting by pigs on Santa Cruz Island (Wilken in litt. 1997). The
recent discovery of Malacothrix indecora on Santa Rosa Island included
the observation that the prehistoric midden that the plants were
growing on was being eroded from damage by livestock (Painter in litt.
1997).
Seabirds occur in historic habitat for Malacothrix indecora on San
Miguel Island and its offshore islet Prince Island, and known sites for
Malacothrix squalida on Anacapa Island. Many of these bird species
experienced severe population declines in the late 1960's and early
1970's as a result of DDT-related reproductive failures (Ingram 1992).
However, monitoring results indicate that populations of most of these
birds have increased over the past decade. Seabirds use local
vegetation to construct nests on cliff and blufftop sites, create
localized soil disturbances that facilitate establishment of alien
plant species, and promote erosion of coastal bluffs. Seabird activity
has been noted on Middle Anacapa Island within habitat for Malacothrix
squalida (S. Junak, pers. comm. 1994). The extent to which such
localized disturbance has affected this plant species is unknown.
Compaction of soils and crushing of plants by vehicle traffic is an
ongoing threat to Gilia tenuiflora ssp. hoffmannii. The largest
population of Gilia tenuiflora ssp. hoffmannii is bisected by a road.
Another road continues to damage habitat and plants along the fence
line established to protect the western snowy plover; however, the
proposed closure of Old Ranch Pasture to cattle and horses will remove
the necessity to maintain a fence at that location (NPS 1997).

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

Unrestricted collecting for scientific or horticultural purposes
and excessive visits by individuals interested in seeing rare plants
constitutes a potential threat to certain of the taxa in this rule. In
particular, the collection of whole plants or reproductive parts of
those annual or herbaceous perennial taxa with fewer than 100
individuals, including Arabis hoffmannii, Berberis pinnata ssp.
insularis, Malacothamnus fasciculatus var. nesioticus, Malacothrix
indecora, Malacothrix squalida, and Thysanocarpus conchuliferus, could
adversely affect the genetic viability and survival of those taxa. In
the horticultural trade, Dudleya species have, in particular, been
favorite collection items. Dudleya nesiotica, though not in the trade,
has been cultivated by Dudleya enthusiasts. The limited distribution of
this taxon, combined with the additional threats from non-native
annuals and pig rooting, makes it vulnerable to such enthusiasts who
want the rare species from the wild.

C. Disease or predation

Diseases are not specifically known to threaten any of the taxa
included in this rule. All of the taxa included in this proposal, with
the exception of Berberis pinnata ssp. insularis, have populations that
are subject to predation by one or more non-native mammals. Apparently,
the roots of Berberis species are often toxic (Williams 1993), making
consumption by feral pigs unlikely. Island endemic plant species lack
defensive attributes as protection from grazing and browsing. The
impact of this predation to the overall status varies by species, with
predation posing the most signficance to those with the

[[Page 40968]]

fewest and most accessible populations. Current research on Santa Cruz
Island has compared similar species from the mainland and from the
island in livestock feeding preferences. Livestock consistently
preferred the island plants and the study showed that all mainland
plants possessed at least one protective characteristic in higher
quantity than the similar island taxa, the quantity of spines being the
most notable quality. The researcher stated that ``[i]sland plants
possessed reduced levels of chemical defenses, morphological defenses,
or both, and were more vulnerable to herbivory'' (Bowen in litt. 1997).
Historical records document that overgrazing by sheep in the late
1800's and early 1900's highly degraded the vegetation of Santa Rosa
Island. The records also point out that sheep died of starvation due to
drought on the island during this time. During a later drought in 1948,
the island was so overgrazed that it made the local news, stating that
``[h]ardly a sprig of green is to be seen. The tiny tufts of grass that
have escaped the hungry mouths of the herd are stunted and dead. Shrubs
have perished. [There were] * * * starved looking valley elk * * *
[and] * * * prickly pears were gnawed down to the earth.'' (Ainsworth
1948). Drought in the late 1980's decimated the elk population (Vail
and Vickers in litt. 1996). Herbivory by non-native herbivores
continues to threaten and effectively arrest recovery of the native
vegetation and perpetuate the dominance of non-native grasses and
herbs. Native island plants evolved in the absence of grazing and
browsing and suffer from reduced productivity and lower reproductive
success due to the presence of alien herbivores.
In 1875, when sheep stocking on Santa Cruz Island was around 50,000
head, botanist J.T. Rothrock reported that the island was so overgrazed
that ``it was with difficulty that I could get even a decent botanical
specimen'' (Hobbs 1983). Although sheep grazing has been removed as a
current threat on all but eastern Santa Cruz Island, the decades of
overgrazing by sheep have reduced the reproductive capabilities and
distribution of many of the taxa included in this rule. A review of
literature pertinent to effects of sheep on island vegetation is
included in Hochberg et al. (1980a). In addition, feral pigs, feral
goats, feral sheep, deer, elk, horses, and bison currently occur in
habitats that support some populations of all of the taxa included in
this rule. The effects of defoliation on plants include decreased above
ground biomass, fewer stems, lowered seed production, reduced height of
leaves and stems, decreased root biomass, reduced root length,
decreased carbohydrate reserves, and reduced vigor (Heady in Willoughby
1986).
Clark et al. (1990) noted that most individuals of Arctostaphylos
confertiflora are browsed severely by elk and deer. During a recent
population survey it was observed that more than 90 percent of all
individuals of Arctostaphylos confertiflora were accessible to
ungulates and were browsed at the growing tips (McEachern and Wilken
1996). The shape of individual shrubs has been modified as a result of
browsing. Short-statured shrubs have been hedged to the point that they
do not grow above a certain height. On shrubs that attained a taller
stature before browsing pressure became severe, all lower limbs and
leaves have been stripped, resulting in a ``lollipop'' or tree-shaped
shrub. Browsing pressure on this species appears to have affected its
ability to reproduce, since not a single seedling was observed during a
1988 survey (Ronilee Clark, California Park Service, pers. comm.,
1988). This species does not have a root crown burl that allows some
mainland species to tolerate low levels of defoliation, and, without
protection from non-native mammals, continued recruitment failure and
reduced vigor may prove catastrophic for this species. This condition
was noted in a 1989 letter to Dr. Peter Raven from the leading
authority on the genus Arctostaphylos, Dr. Phillip Wells, who expressed
his concern that the time remaining for the grazing operation would
precipitate the extinction of Arctostaphylos confertiflora if some
protection from non-native mammals was not implemented (Painter in
litt., 1997).
Specific examples of browsing or grazing by alien mammals on other
taxa in this rule have been observed, including Arabis hoffmannii,
Castilleja mollis, Dudleya nesiotica, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, and Thysanocarpus conchuliferus (Hochberg et al.
1980b, McEachern and Wilken 1996, Wilken 1996, Painter in litt. 1997).
Grazing can completely eliminate plants and prevent the supplement
of seed to the seed bank. Of the six collections of Gilia in the
herbarium at the Santa Barbara Botanic Garden, only the two collections
made during April 1941 show no signs of browsing. The remaining four
collections were made between the months of May and June between 1963
and 1978, and all show signs of having been browsed (Rutherford and
Thomas, in litt. 1994). In 1993, Thomas visited one Gilia population
twice. During the first visit in April, the Gilia had not been browsed,
but by the second visit in May, the Gilia had been browsed (Thomas, in
litt. 1993). In response to such browsing, the annual Gilia forms
multiple side branches, and although a branched plant may produce a
greater number of flowers, this does not necessarily increase the
fecundity of the plant (Painter and Belsky 1993). Flowers produced
later in the season out of synchrony with pollinator activity results
in lower seed productivity (Painter in litt. 1977).
The Nature Conservancy has been monitoring population sizes for
Arabis hoffmannii on Santa Cruz Island since 1990. In 1993, only 19
individuals were observed in the Centinela population; this represented
a net loss of 13 individuals from the previous year, with mortality of
nine of those plants ``directly attributed to pig rooting'' (Klinger
1994a).

D. The Inadequacy of Existing Regulatory Mechanisms

Under the Native Plant Protection Act (sec. 1900 et seq. of the
Fish and Game Code) and the California Endangered Species Act (sec.
2050 et seq.), the California Fish and Game Commission has listed
Dudleya nesiotica and Galium buxifolium as rare and Berberis pinnata
ssp. insularis and Malacothamnus fasciculatus ssp. nesiotica as
endangered. The remaining taxa included in this listing proposal are on
List 1B of the California Native Plant Society's Inventory (Smith and
Berg 1988), indicating that, in accordance with sec. 1901, chapter 10
of the California Department of Fish and Game Code, they are eligible
for State listing. Both the Native Plant Protection Act and the
California Endangered Species Act prohibit the ``take'' of State-listed
plants on private and State lands, except under permit (sec. 1908 and
sec. 2080 of the Fish and Game Code). Privately owned lands that
support populations of the taxa in this rule include most of Santa Cruz
Island, 90 percent of which is owned by TNC; the remaining 10 percent
is owned jointly by NPS. On Santa Catalina Island, habitat for
Helianthemum greenei occurs on land managed by the Catalina
Conservancy, a private conservancy owned by the Catalina Island
Company. In general, these State regulatory mechanisms would not likely
be invoked, because major changes in land use, such as development
projects, are not likely to be proposed on these properties.
The California Fish and Game Commission (Commission) also regulates
hunting on private and public

[[Page 40969]]

lands by issuing permits for the take of a specified number of animals
and taking measures to manage herd sizes. The Commission issues permits
for deer hunting on Santa Catalina Island. In 1993, the Commission
issued 300 tags for deer hunting on the island. Pigs are considered
livestock if they are fenced or marked, but considered wild game if
they are unfenced and unmarked. The Catalina Island Company has entered
into a memorandum of understanding (MOU) with CDFG to allow eradication
of feral pigs on Catalina Island (Mayer, pers. comm. 1994). A similar
MOU between CDFG and TNC exists for the removal of pigs from Santa Cruz
Island. Bison, which occur on Santa Catalina Island, are considered
livestock and therefore not regulated by any agency. Apparently, the
Commission has no regulatory authority over hunting or herd size of
deer and elk on Santa Rosa Island, because these ungulates were
originally transported there under a game breeder's permit in the early
1900's.
Several Federal laws, Interior policies, and NPS policies and
guidelines apply to the management of NPS lands. These laws and
guidelines include the NEPA, the Endangered Species Act, NPS guidelines
for natural resources management (NPS 1991), and the NPS Statement for
Management (NPS 1985). The 1980 Congressional legislation enabling
purchase of Santa Rosa Island as a national park from the Vail and
Vickers Company stated that the owner ``may retain for himself a right
of use and occupancy of all or such portion of the property as the
owner may elect for a definite term of not more than twenty-five years,
or ending at the death of the owner, or his spouse, whichever is later.
The owner shall elect the term to be reserved. Any such right retained
pursuant to this subsection with respect to any property shall be
subject to termination by the Secretary upon his determination that
such property is being used for any purpose which is incompatible with
the administration of the park, or with the preservation of the
resources therein, and it shall terminate by operation of law upon
notification by the Secretary to the holder of the right of such
determination and tendering to him the amount equal to the fair market
value of that portion which remains unexpired.'' (Pub. L. 96-199, 94
Stat. 67, March 5, 1980). The legislation also directed the Secretary
to complete a natural resources study within 2 years that would supply
an inventory of all terrestrial and marine species, indicating their
population dynamics, and probable trends as to future numbers and
welfare, and to recommend action that should be adopted to better
protect the natural resources of the park.
Under the conditions of the deed of sale, the former owners, the
Vail and Vickers Company, chose only to retain the rights to occupy 3.0
ha (7.6 ac) (NPS 1986). The NPS issues Special Use Permits for 5-year
terms for grazing and hunting. The first Special Use Permit issued to
Vail and Vickers Company included a condition that a range management
plan be developed within 5 years. A range management plan was adopted
when the NPS issued the second special use permit. The plan, however,
does not address protection of the taxa in this rule (USFWS 1991, 1992,
1993).
In a recent review of the range management plan, the Service found
that measuring residual dry matter, the identified means of determining
appropriate stocking rates, is inadequate to monitor other important
indicators of ecosystem health, including composition and diversity of
species, and the condition of plant species of special concern (USFWS
1993). The monitoring of sensitive resources within grazed areas is
commonly recommended (NPS 1991, Ruyle 1987, Willoughby 1986), but in
this case has not been included in the range management plan.
Currently, the condition of the vegetation on Santa Rosa Island is
monitored by assessing the residual dry matter of grassland vegetation,
which is composed primarily of non-native species (NPS 1993, NPS 1996).
The NPS has prepared a Resource Management Plan (Plan) for Santa
Rosa Island to address water quality and rare plants (NPS 1997). The
successful implementation of the Plan will be evaluated on a yearly
basis to determine the effects on the species in this rule that occur
on Santa Rosa Island. While reducing grazing and browsing, the
preferred action will allow impacts to continue to Arctostaphylos
confertiflora, Castilleja mollis, Gilia tenuiflora ssp. hoffmannii,
Malacothrix indecora, and Phacelia insularis ssp. insularis and in
historic habitat for Arabis hoffmannii, Berberis pinnata ssp. insularis
and Helianthemum greenei.
San Miguel Island and adjacent Prince Island (a small islet) are
under the jurisdiction of the Department of the Navy (Navy), but NPS
assists in the management of natural, historic, and scientific values
of San Miguel Island through a memorandum of agreement (MOA) originally
signed in 1963, an amendment to this MOA signed in 1976, and a
supplemental Interagency Agreement (IA) signed in 1985. The MOA states
that the ``paramount use of the islands and their environs shall be for
the purpose of a missile test range, and all activities conducted by or
in behalf of the Department of the Interior on such islands, shall
recognize the priority of such use'' (Department of the Navy 1963). In
addition to San Miguel Island, four other islands including Anacapa,
Santa Barbara, Santa Cruz, and Santa Rosa lie wholly within the Navy's
Pacific Missile Test Center (PMTC) Sea Test Range. The 1985 IA provides
for the PMTC to have access and use of portions of those islands, for
expeditious processing of any necessary permits by NPS, and for
mitigation of damage of park resources from any such activity
(Department of the Navy 1985). Should the Navy no longer require use of
the islands, NPS would seek authorization for the islands to be
preserved and protected as units within the NPS system (Department of
the Navy 1976). To date, conflicts concerning protection of sensitive
resources on San Miguel Island have not occurred. Protection and
management for the three taxa in this rule that occur on the island,
Galium buxifolium, Malacothrix squalida, and Phacelia insularis ssp.
insularis, have not been addressed, leaving in question which agency
has ultimate responsibility to do so.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Over 180 non-native plant species have been documented from the
northern island group, and the disruption of native habitats and
displacement of native species by alien plants is a major concern for
natural resource managers on the islands (Hochberg et al. 1979,
Halvorson et al. 1987). Numerous aggressive non-native plants,
including Australian fireweed (Erechtites glomerata), iceplants
(Carpobrotus spp., Mesembryanthemum spp.), thistles (Centaurea spp.,
Cirsium spp., Silybum sp.), German-ivy (Senecio mikanoides), hoary
cress (Cardaria draba), and Russian thistle (Salsola tragus) pose
threats to most of the taxa addressed in this rule.
Fennel (Foeniculum vulgare) has become widespread since the removal
of cattle and sheep from Santa Cruz Island. Fennel was noticed as a
pest species prior to the removal of sheep as reported in Hobbs (1983).
Sheep kept the plant from growing to its full height of 2 m (6 ft), and
since their removal the plant has ``appeared'' over large areas of the
island. When it is not grazed and cropped close to the ground, its
bright green foliage and bright yellow flowers are very conspicuous.
Several papers

[[Page 40970]]

were presented at a recent symposium on techniques to control fennel
(Brenton and Klinger 1994, Dash and Gliessman 1994, Gliessman 1994). If
left unchecked, fennel completely dominates the habitats it occupies to
the exclusion of all other species. This dominance may be facilitated
by a chemical that prevents other species from competing for occupied
sites (Gliessman 1994).
Incidental introductions of seed to the Channel Islands occur
continually from wind-blown seed from the mainland, introductions from
restocking of non-native animals, and seed carried on vehicles and in
construction materials. Deliberate introductions of seed have also
occurred as during the 1960's, when one pilot reported scattering bags
of commercial wildflower and grass seed on most of the northern Channel
Islands (Rutherford, in litt. 1994). When new introductions and
established seed sources occur in areas with disturbance resulting from
grazing, browsing, and rooting by non-native mammals, the invasive
species can dominate the site. Over the past decade there has been an
increasing trend in the numbers of non-native plants invading the
Channel Islands. Santa Rosa Island has experienced the least increase
in percentage of weed species to native flora ratio of any of the
Channel Islands with a 2 percent increase to 20 percent (Junak et al.
1995). Santa Cruz Island has at least 170 non-native plants recorded
and Santa Rosa Island has 98 non-natives (Junak et al. 1995). These
invasive species have a high probability of preventing recruitment and
causing habitat displacement of Arabis hoffmannii, Castilleja mollis,
Dudleya nesiotica, Galium buxifolium, Helianthemum greenei,
Malacothamnus fasciculatus var. nesioticus, Malacothrix indecora,
Malacothrix squalida, Phacelia insularis ssp. insularis, and
Thysanocarpus conchuliferus.
Many of the known pollinators on the islands are ground-nesting
insects (Miller 1985, Miller and Davis 1985). Gilia tenuiflora has been
reported to be pollinated by a ground nesting beefly (Oligodranes sp.)
(Grant and Grant 1965). The habitat of these ground-nesting insects has
been and is being degraded by trampling and serious loss of soils to
active erosion on all of the islands.
The few, small and isolated populations with few individuals of
most of these taxa increase the potential for their extinction from
random events. One of the species in this rule, Dudleya nesiotica, is
known from single a population. Seven other taxa in this rule, Arabis
hoffmannii, Berberis pinnata ssp. insularis, Castilleja mollis, Gilia
tenuiflora ssp. hoffmannii, Malacothamnus fasciculatus ssp. nesioticus,
Malacothrix indecora, and Phacelia insularis ssp. insularis, are known
from only two to five populations. Although recent surveys were
conducted for Malacothrix squalida and Thysanocarpus conchuliferus (S.
Junak, pers. comm. 1994,Wilken in litt. 1997), and they have not been
seen in over five years, the Service believes these species are still
likely to be extant because all historic locations have not been
recently visited.
Species with few populations and individuals are subject to the
threat of random events causing extinction in several ways. First, the
loss of genetic diversity may decrease a species' ability to maintain
fitness within the environment, often manifested in depressed
reproductive vigor. From genetic analyses conducted for the two
populations of Malacothamnus fasciculatus var. nesioticus, (Swenson et
al. 1995), it was concluded that the three genotypes represented in
each of the two populations ``probably represent only a portion of the
diversity once present in var. nesioticus.'' Elisens (1994) documented
reduced levels of genetic diversity in Galvesia speciosa, a Channel
Islands endemic species of special concern, and noted that the levels
were ``likely the result of decreased population sizes initiated by
human activities and herbivore introductions.''
Secondly, species with few populations or individuals may be
subject to forces that affect their ability to complete their life
cycle successfully. Arctostaphylos confertiflora, provides an excellent
example of this type of threat. The only remaining individuals of this
species are of moderate to old age, and establishment of new
individuals is completely lacking (McEachern 1996, McEachern and Wilken
1996, Wilken in litt. 1997). The effects of browsing animals on
critical portions of its life cycle has resulted in the inability of
Arctostaphylos confertiflora to establish new individuals to replenish
its population. The degree of pollination success for manzanita flowers
is unknown, but the abundance of alien grazing and browsing animals has
likely depressed the number of native pollinators available to the
native plants. Even if pollination occurs and results in successful
fruiting, the fruits are eaten by browsing animals. Seed banks are
absent due to severe soil loss (McEachern and Wilken 1996). If the
fruits escape predation and seeds do germinate, the seedlings are
either trampled or eaten by those same animals. Most of the species in
this rule that occur on Santa Rosa, Santa Cruz, and Santa Catalina
Islands are likely to be similarly affected. For Berberis pinnata ssp.
insularis the conspicuous lack of recruitment from seeds likely
represents a threat to its long-term survival (Wilken 1996). During the
1995-1996 life history study for Arabis hoffmannii there were only 11
plants that produced seed in three populations (Wilken in litt. 1997).
Thirdly, random natural events, such as storms, drought, fire, or
landslides, could destroy a significant percentage of a species'
individuals, or the only known extant population. Arabis hoffmannii,
Galium buxifolium, and Thysanocarpus conchuliferus are examples of
species that could sustain losses of individuals and populations
through landslides and soil sloughing as a result of storm events. If a
fire were to burn through the Arctostaphylos confertiflora populations
in its current condition with a highly reduced seed bank, the species
would likely go extinct.
In summary, random events can affect species on three different
levels: through loss of genetic diversity, through chance events in
survival and reproduction, and through catastrophic events. When
numbers of populations and individuals reach critically low levels,
more than one of these three types of processes may combine to cause
extinction. For instance, a species with low reproductive success due
to grazing or browsing pressure during a critical portion of its life
cycle may subsequently be subject to a severe drought or storm that
eliminates the remaining individuals or populations. Such random events
increase the vulnerability of all of the taxa in this rule.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these taxa in determining to make this rule
final. Based on this evaluation, the Service finds that Arabis
hoffmannii, Arctostaphylos confertiflora, Berberis pinnata ssp.
insularis, Castilleja mollis, Galium buxifolium, Gilia tenuiflora ssp.
hoffmannii, Malacothamnus fasciculatus ssp. nesioticus, Malacothrix
indecora, Malacothrix squalida, Phacelia insularis ssp. insularis, and
Thysanocarpus conchuliferus meet the definition of endangered species
under the Act. Threats to these 11 taxa include soil loss, habitat
alteration by mammals alien to the Channel Islands (pigs, goats, sheep,
donkeys, cattle, deer, elk, horses,

[[Page 40971]]

bison) and herbivory by these same alien mammals, habitat alteration by
native seabirds, habitat alteration due to vehicular traffic, and
competition with alien plant taxa. The 11 taxa also have an increased
vulnerability to extinction due to reduced genetic viability, depressed
reproductive vigor, and random events resulting from few, small and
isolated populations with few individuals. Because these 11 taxa are in
danger of extinction throughout all or a significant portion of their
ranges, they fit the definition of endangered as defined in the Act.
For the reasons discussed below, the Service finds that Dudleya
nesiotica and Helianthemum greenei are likely to become endangered in
the foreseeable future throughout all or a significant portion of their
range. Since the time the proposed rule was published, more accurate
information on the population status of Dudleya nesiotica has become
available indicating that there are considerably more individuals than
previously understood and that the species occupies a larger area than
previously known. An estimated 30,000 to 60,000 individuals are now
known to occur within an area of 13 ha (32 ac) (Wilken in litt. 1997).
While the species remains vulnerable to soil loss, rooting from pig
activity, and the possibility of random events, the Service now
believes that the species is not in immediate danger of extinction.
Helianthemum greenei has been found to have substantially larger
population sizes than were previously known in areas that burned in
1994, with a minimum estimate of between 500 and 1,000 individuals at
each of four locations (Wilken in litt. 1997). There are now 14 known
locations for this taxon with an estimated total of over 3,000
individuals. While the species remains vulnerable to loss of soil, pig
rooting, altered fire frequencies and intensities, and the possibility
of random events, the species is not in immediate danger of extinction.
The Service finds that Dudleya nesiotica and Helianthemum greenei meet
the definition of threatened species under the Act. Critical habitat is
not being proposed for these taxa for reasons discussed in the
``Critical Habitat'' section of this proposal.

Critical Habitat

Critical habitat is defined by section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring any protected species to the point at which
the measures provided pursuant to the Act are no longer necessary (50
CFR 424.02(c)).
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 specify critical habitat at the time a
species is proposed for listing. The Service finds that designation of
critical habitat is not prudent for Arabis hoffmannii, Arctostaphylos
confertiflora, Berberis pinnata ssp. insularis, Castilleja mollis,
Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, Malacothamnus fasciculatus ssp. nesioticus,
Malacothrix indecora, Malacothrix squalida, Phacelia insularis ssp.
insularis, and Thysanocarpus conchuliferus 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 such threat to the species, or (2) such designation of
critical habitat would not be beneficial to the species.
Critical habitat designation for Arabis hoffmannii, Arctostaphylos
confertiflora, Berberis pinnata ssp. insularis, Castilleja mollis,
Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Helianthemum greenei, Malacothamnus fasciculatus ssp. nesioticus,
Malacothrix indecora, Malacothrix squalida, Phacelia insularis ssp.
insularis, and Thysanocarpus conchuliferus is not prudent due to lack
of benefit. Dudleya nesiotica, Helianthemum greenei, Malacothamnus
fasciculatus ssp. nesioticus, and Thysanocarpus conchuliferus all occur
on private lands where there is unlikely to be any need for Federal
involvement under section 7 of the Act. Arabis hoffmannii,
Arctostaphylos confertiflora, Berberis pinnata ssp. insularis,
Castilleja mollis, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii,
Malacothrix indecora, Malacothrix squalida, and Phacelia insularis ssp.
insularis all either have fewer than 100 individuals or fewer than four
populations and any action that would adversely modify occupied or
suitable habitat that might be considered critical habitat would also
jeopardize the species. Therefore, the designation of critical habitat
would not provide any benefit to the conservation of the species beyond
that afforded by listing.
The NPS, the Department of Defense (DOD), TNC, and other pertinent
parties have been notified of the location and importance of protecting
these species' habitats. Protection of these species' habitats will be
addressed through the development of a conservation agreement with the
Park, the recovery process, and through the section 7 consultation
process as a result of listing these species. The Service believes that
effects of Federal involvement in the areas where these plants occur
can be identified without the designation of critical habitat. The
Service finds that designation of critical habitat for these plants is
not prudent at this time, because such designation would not increase
the degree of protection to the species beyond the protection afforded
by listing.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery actions be
carried out 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 listed as
endangered or threatened and with respect to its critical habitat, if
any is designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
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
formal consultation with the Service.
The NPS has developed a Resources Management Plan and Environmental

[[Page 40972]]

Impact Statement (EIS) for improvement of water quality and
conservation of rare species and their habitats on Santa Rosa Island in
response to a Cleanup and Abatement Order, issued by the Central Coast
Regional Water Quality Control Board and the proposed listing of the 16
plants from the Northern Channel Islands. The implementation of the
Plan is intended to improve the status of the plants in this rule; due
to natural variability in population sizes of the annual plants in this
rule, however, any evaluation of the success of implementation will
require at least three years to evaluate. For more long-lived species,
even an accurate assessment of survivorship to reproductive maturity
may take considerably longer.
The Service and NPS have been cooperating to develop a conservation
agreement (CA) in accordance with an MOU among several Federal land-
managing agencies to cooperate in the conservation of species for which
listing may be appropriate (U.S. Department of the Interior 1994). The
Service has been working with and advising NPS since at least 1991
including the review of their range management plans effects on the
species in this rule. The intent of the CA is to focus on the
conservation needs of the plant and animal species of special concern
from the northern Channel Islands such that listing for some of those
taxa may be avoided. The CA would also serve as a template for the
future development of a recovery strategy for the 13 taxa included in
this rule.
The Service and NPS signed an MOU in 1995, for the purpose of
developing a conservation strategy (CS) that would be included as the
basis for a portion of the preferred alternative for the NPS EIS. A
team of biologists from three agencies (NPS, Service, and BRD) was
assembled to prepare the CS. As a first step in developing a CS for the
northern Channel Islands, the conservation team compiled and reviewed
available literature and data relevant to these species and their plant
communities. Two public meetings were held on September 8, 1994, and
January 9, 1995, to gather additional scientific data on the species
and their habitats, distributions, and threats. It was agreed that the
best strategy for recovery of the species would be a restoration of the
ecosystem processes and habitat structures that support them. The NPS
selected the CS alternative in the final EIS (NPS 1997).
Of the 13 taxa in this rule, all except Dudleya nesiotica,
Malacothamnus fasciculatus ssp. nesioticus, and Thysanocarpus
conchuliferus have populations or historical habitat located on Federal
lands. Three of the taxa (Galium buxifolium, Malacothrix indecora, and
Phacelia insularis ssp. insularis) have populations or historical
habitat on San Miguel Island, which is owned by the Navy and managed by
NPS through a MOA and IA. Navy activities that could potentially affect
these taxa and their habitats include military exercises and equipment
testing and retrieval carried out under the Executive Order that
established the PMTC Sea Test Range, which includes Anacapa, San
Miguel, Santa Barbara, Santa Cruz, and Santa Rosa Islands and their
environs.
Two of the taxa (Berberis pinnata ssp. insularis and Malacothrix
squalida) have populations or historical habitat on Anacapa Island,
which is owned and managed by the NPS. Eight of the 13 taxa have
populations or historical habitat on Santa Rosa Island, which is owned
and managed by the NPS. Three of those eight taxa are single island
endemics (Arctostaphylos confertiflora, Castilleja mollis, Gilia
tenuiflora ssp. hoffmannii). NPS activities that could potentially
affect these taxa and their habitats include specific management plans,
including those that address expansion of NPS facilities; expansion of
visitor services; range management plans, including those that address
cattle ranching and deer and elk hunting; alien plant removal programs;
and other ecosystem restoration programs, including prescribed fire
management. Other activities include the issuing of permits, including
Special Use Permits, that authorize continued ranching and hunting
operations on Santa Rosa Island. Also included are permits that
authorize activities by other agencies or organizations, including
rights-of-way to the Department of Commerce to access lighthouse and
communication facilities.
As mentioned above, there are three taxa that occur wholly on lands
owned and managed by TNC. Future management of Santa Cruz Island may
involve NPS as a cooperator, since the island is within National Park
boundaries. NPS has already developed a keen interest in the
conservation of the taxa in this rule on Santa Cruz Island, and the
Service would anticipate coordination with NPS on issues affecting
those taxa.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered plants
or threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61 for endangered plants, and 50 CFR 17.71 for
threatened 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 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.
It is the policy of the Service, published in the Federal Register
(59 FR 34272) on July 1, 1994, to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not be likely to constitute a violation of section 9 of the
Act. The intent of this policy is to clarify the potential impacts of a
species listing on proposed and ongoing activities within its range.
Eight of the 13 taxa in this final rule are known to occur on lands
under the jurisdiction of the NPS or DOD; an additional 4 taxa
historically occurred on these same Federal lands, and potential
habitat may still exist. Collection, damage, or destruction of listed
species on these lands is prohibited. However, authorization to
incidentally remove or destroy such species on Federal lands may be
granted by the Fish and Wildlife Service for any otherwise legal action
funded, authorized, or implemented by a Federal agency through section
7 of the Act. The removal and reduction to possession of listed species
on Federal lands for research activities may be authorized by the
Service under section 10(a)(1)(A) of the Act.
Section 9 of the Act prohibits removal, cutting, digging up,
damaging, or destroying endangered plants on Federal or non-Federal
lands in knowing violation of any law or regulation of any State or in
the course of any violation of a State criminal trespass law. As an
example, if individuals of an endangered plant species were grazed or
trampled by cattle while the livestock were trespassing on either
Federal or non-Federal land, a violation of section 9 may exist.
However, if the livestock grazing occurred under the authority of a
local permit on non-Federal land or under a section 7 consultation on
Federal land, section 9 would not be violated. Questions regarding
whether

[[Page 40973]]

specific activities would constitute a violation of section 9 should be
directed to the Field Supervisor of the Service's Ventura Field Office
(see ADDRESSES section).
The Act and 50 CFR 17.62 and 17.63 for endangered plants and 50 CFR
17.72 for threatened plants 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. For threatened plants, permits also are
available for botanical or horticultural exhibition, educational
purposes, or special purposes consistent with the purposes of the Act.
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, Endangered Species Permits, 911 N.E. 11th
Avenue, Portland, Oregon 97232-4181 (telephone 503/231-2063, facsimile
503/231-6243).

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).

Required Determinations

The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.

References Cited

A complete list of all references cited herein is available upon
request from the Ventura Field Office (see ADDRESSES section).
Authors: The primary authors of this final rule are Tim Thomas and
Connie Rutherford, botanists, Ventura Field Office (see ADDRESSES
section).

List of Subjects in 50 CFR Part 17

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

Regulations Promulgation

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

PART 17--[AMENDED]

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

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

2. Section 17.12(h) is amended by adding the following, in
alphabetical order under FLOWERING PLANTS, to the List of Endangered
and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
Flowering Plants

* * * * * * *
Arabis hoffmannii................ Hoffman's rockcress. U.S.A. (CA)........ Brassicaceae--Musta E 623 NA NA
rd.

* * * * * * *
Arctostaphylos confertiflora..... Santa Rosa Island U.S.A. (CA)........ Ericaceae--Manzanit E 623 NA NA
manzanita. a.

* * * * * * *
Berberis pinnata ssp. insularis.. Island barberry..... U.S.A. (CA)........ Berberidaceae--Barb E 623 NA NA
erry.

* * * * * * *
Castilleja mollis................ Soft-leaved Indian U.S.A. (CA)........ Scrophularia-...... E 623 NA NA
paintbrush. ceae--Figwort......

* * * * * * *
Dudleya nesiotica................ Santa Cruz Island U.S.A. (CA)........ Crassulaceae--Stone T 623 NA NA
dudleya. crop.

* * * * * * *
Galium buxifolium................ Island bedstraw..... U.S.A. (CA)........ Rubiaceae--Bedstraw E 623 NA NA

* * * * * * *
Gilia tenuiflora ssp. hoffmannii. Hoffmann's gilia.... U.S.A. (CA)........ Polemoniaceae--Phlo E 623 NA NA
x.

* * * * * * *
Helianthemum greenei............. Island rush rose.... U.S.A. (CA)........ Asteraceae--Aster.. T 623 NA NA

[[Page 40974]]

* * * * * * *
Malacothamnus fasciculatus ssp. Santa Cruz Island U.S.A. (CA)........ Malvaceae--Mallow.. E 623 NA NA
nesioticus. bush-mallow.

* * * * * * *
Malacothrix indecora............. Santa Cruz Island U.S.A. (CA)........ Asteraceae--Aster.. E 623 NA NA
malacothrix.

* * * * * * *
Malacothrix squalida............. Island malacothrix.. U.S.A. (CA)........ Asteraceae--Aster.. E 623 NA NA

* * * * * * *
Phacelia insularis ssp. insularis Island phacelia..... U.S.A. (CA)........ Hydrophylla-....... E 623 NA NA
ceae--Waterleaf....

* * * * * * *
Thysanocarpus conchuliferus...... Santa Cruz Island U.S.A. (CA)........ Brassicaceae--Musta E 623 NA NA
lacepod. rd.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: July 24, 1997
John G. Rogers,
Director, Fish and Wildlife Service.
[FR Doc. 97-20133 Filed 7-30-97; 8:45 am]
BILLING CODE 4310-55-P