[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