[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Rules and Regulations]
[Pages 49006-49022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24502]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD34
Endangered and Threatened Wildlife and Plants; Final Rule To
Determine Endangered or Threatened Status for Six Plants From the
Mountains of Southern California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) determines endangered
status
[[Page 49007]]
pursuant to the Endangered Species Act of 1973, as amended (Act), for
two plants, Poa atropurpurea (San Bernardino bluegrass) and Taraxacum
californicum (California taraxacum), and determines threatened status
for four plants, Arenaria ursina (Bear Valley sandwort), Castilleja
cinerea (ash-gray Indian paintbrush), Eriogonum kennedyi var.
austromontanum (southern mountain wild buckwheat), and Trichostema
austromontanum ssp. compactum (Hidden Lake bluecurls). These six plant
taxa are found in the San Bernardino, San Jacinto, Laguna, and Palomar
mountains of southern California. They are imperiled by one or more of
the following factors--destruction and degradation of habitat by
urbanization, off-road vehicle (ORV) use, trampling, recreational
development, domestic animal grazing, livestock grazing, alteration of
the hydrological regimes, competition from introduced plants, over
collection, and hybridization (genetic absorption) by alien species.
This rule implements the Federal protection and recovery provisions
afforded by the Act for these six plants. A notice of withdrawal of the
proposal to list Arabis johnstonii (Johnston's rock-cress), which was
proposed for listing along with the six plant taxa considered in this
rule, is being published in the Federal Register concurrently with this
final rule.
EFFECTIVE DATE: This rule is effective October 14, 1998.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the U.S. Fish and
Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West,
Carlsbad, California 92008.
FOR FURTHER INFORMATION CONTACT: Gary D. Wallace, Ph.D., Botanist, U.S.
Fish and Wildlife Service (see ADDRESSES section above or telephone
760/431-9440; facsimile 760/431-9624).
SUPPLEMENTARY INFORMATION:
Background
Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var.
austromontanum are low perennial plants that predominantly occur on
pebble plain habitat within a 240 square kilometer (sq km) (92 square
mile (sq mi)) area in the San Bernardino Mountains of San Bernardino
County, California (Derby and Wilson 1978, Derby 1979, Krantz 1981a,
Neel and Barrows 1990). Pebble plains are characteristically treeless
openings within the surrounding montane pinyon-juniper woodland or
coniferous forest, located at elevations between 1,800 and 2,300 meters
(m) (6,000 and 7,500 feet (ft)). Pebble plains are remnants of a
Pleistocene lake bed, which are level to sloping plains with clay soils
covered with quartzite pebbles (Derby 1979, Krantz 1983). Frost heaving
and alternating wet and dry cycles force associated saragosa quartzite
pebbles to the soil surface to create the characteristic appearance of
the pebble plains (Neel and Barrows 1990). These soils have an
extremely slow infiltration rate and, thus, have a high runoff
potential (Neel and Barrows 1990). Pebble plains are the result of a
combination of soil and climatic factors that support a unique
assemblage of plant species, some of which are endemic while others
represent disjunct occurrences of species more common elsewhere. Neel
and Barrows (1990) noted that pebble plains often are associated with
meadow habitats in the Big Bear Lake area. Natural meadows and pebble
plains provide habitat for several sensitive taxa (Krantz 1981b).
The pebble plain taxa included in this final rule are predominantly
restricted to pebble plain habitat. Each of these taxa has a mosaic
distribution among the various pebble plain complexes and within a
given complex. All nine pebble plain complexes (except Coxey Meadow)
noted by Neel and Barrows, 1990, support two or more of the pebble
plain taxa included in this rule. Coxey Meadow is more isolated and not
as well known as the other pebble plain sites, but supports other
elements of the known pebble plain flora (e.g. Arabis parishii and
Ivesia argyrocoma).
Damage or curtailment of any pebble plain habitat will threaten the
continued existence and recovery of Arenaria ursina, Castilleja
cinerea, and Eriogonum kennedyi var. austromontanum, as well as other
associated pebble plain flora. Coxey Meadow may represent a historical
occurrence or ecologically marginal pebble plain.
Poa atropurpurea and Taraxacum californicum are found in meadow
habitats in the Big Bear Valley in the San Bernardino Mountains. The
former species also is found in seven meadow areas in San Diego County.
There were 38 hectares (ha) (93 acres (ac)) of P. atropurpurea meadow
habitat in the Big Bear area in 1981 (Krantz 1981b). Trichostema
austromontanum ssp. compactum is found about the margins of a single
vernal pool in the San Jacinto Mountains at 2,650 m (8,600 ft).
Discussion of the Six Plant Taxa
Arenaria ursina
Arenaria ursina, a member of the pink family (Caryophyllaceae), was
described by Benjamin L. Robinson (1894) on the basis of a collection
made in 1882 by Samuel B. Parish at Bear Valley in the San Bernardino
Mountains, California. This taxon was reduced to a variety of A.
capillaris by Robinson (1897) but Maguire (1951) and subsequent authors
(Munz and Keck 1959, Munz 1974, Hartman 1993) treat it as a species.
Arenaria ursina is a low, tufted, perennial herb with stems from 6 to
15 centimeters (cm) (2 to 6 inches (in)) long. The leaves are opposite,
4 to12 millimeters (mm) (0.16 to 0.5 in) long. The white, five-parted
flowers are arranged in open cymes (clusters) 4 to 15 cm (1.5 to 6 in)
high. The petals are 4 to 5 mm (0.16 to 0.2 in) long, the sepals are up
to 4 mm (0.16 in) long in fruit. This species flowers from May to
August. Arenaria ursina is distinguished from other members of the
genus within its range by its glabrous (hairless), filiform (thread-
like), nerveless leaves less than 2 mm (0.08 in) wide and its rounded,
3 to 4 mm (0.12 to 0.16 in) long sepals (Hartman 1993).
Arenaria ursina is found on pebble plains and dry slopes in the San
Bernardino Mountains of southwest San Bernardino County. The dry slopes
mentioned here are areas that fit the general description of pebble
plains but do not support both characteristic species Arenaria ursina
and Eriogonum kennedyi var. austromontanum (Neel and Barrows 1990).
Populations of A. ursina are known from eight pebble plain complexes in
the vicinity of Big Bear and Baldwin lakes (Krantz 1981a, Neel and
Barrows 1990, California Natural Diversity Data Base (CNDDB) 1997).
Most of the occurrences are on U.S. Forest Service (FS) land at
elevations from 1,800 to 2,900 m (6,000 to 9,500 ft) (Griggs 1979,
Krantz 1981a, Neel and Barrows 1990). Some occur on land owned by the
California Department of Fish and Game (CDFG), The Nature Conservancy
(TNC), or private landowners. Arenaria ursina is threatened at six of
the eight sites where it occurs.
Castilleja cinerea
Castilleja cinerea, a member of the figwort family
(Scrophulariaceae), was described by Asa Gray (1884) based on a
collection made in 1882 by S.B. and W.F. Parish at Bear Valley, San
Bernardino Mountains, California. Jepson (1925) included this species
in the genus Orthocarpus as O. cinereus
[[Page 49008]]
(A. Gray) Jepson, although this combination has not been recognized by
any other authorities (Chuang and Heckard 1993). Castilleja cinerea is
a semi-parasitic perennial with several, ascending to decumbent
(trailing), grayish stems sprouting from the root-crown. The stems are
1 to 2 decimeters (dm) (4 to 8 in) tall. The inflorescence (flower
stalk) is greenish yellow (occasionally reddish-orange tinged) with
distinctive yellowish hairs on the lower bracts. The calyx (united
sepals) is nearly equally divided into linear lobes, and the corolla is
yellowish. It flowers primarily in June and July. Castilleja cinerea is
distinguished from other species of Castilleja within its range by its
perennial nature, ashy-puberulent (short hairs) stems and leaves,
yellowish flowers, and calyx lobes of equal length (Chuang and Heckard
1993).
Castilleja cinerea is known from fewer than 20 localities at the
eastern end of the San Bernardino Mountains, (Heckard 1980, Neel and
Barrows 1990). Most populations occur on pebble plains, but C. cinerea
is also found in pine forest habitats near the Snow Valley Ski Area,
along Sugarloaf Ridge, and in the vicinity of Lost Creek. Castilleja
cinerea is known to occur on private lands, CDFG land, and FS land
including that leased for vacation homes and a ski area.
Eriogonum kennedyi var. austromontanum
Eriogonum kennedyi var. austromontanum, a member of the buckwheat
family (Polygonaceae), was described by Munz and Johnston (1924) based
on a collection made on July 4, 1920, by R. D. Harwood near the lake at
Big Bear Valley in the San Bernardino Mountains, California. Eriogonum
kennedyi var. austromontanum was treated as a subspecies by Stokes
(1936), Munz and Keck (1959), and Munz (1974). The taxon was treated as
a variety by Reveal and Munz (1968) and Hickman (1993).
Eriogonum kennedyi var. austromontanum is a woody-based perennial
with stems forming loose cushion-like leafy mats 5 to 35 cm (6 to 14
in) wide. The leaves are oblanceolate (with rounded end broader than
the base), 6 to 10 mm (0.2 to 0.4 in) long and densely white hairy. The
inflorescences are 8 to 15 cm (3 to 6 in) high, bearing head-like
flower clusters. The perianth (united calyx and corolla) is white to
rose, and composed of inner and outer lobes that are similar in
appearance. This taxon flowers from July through September. This
variety can be distinguished from E. kennedyi var. kennedyi and E.
kennedyi var. alpigenum, which also occur in the San Bernardino
Mountains, by its long, loosely wooly-haired inflorescences, longer
involucres (whorl of bracts) (2.5 to 4 mm (0.1 to 0.2 in) long), longer
(3.5 to 4 mm (0.2 in)) fruits, and longer leaves (6 to 10 mm (0.2 to
0.4 in)) (Reveal 1989, Hickman 1993). Eriogonum kennedyi var.
austromontanum could also be confused with E. wrightii ssp.
subscaposum. However, E. wrightii ssp. subscaposum has racemose flower
stalks, wider (2 to 4 mm (0.1 to 0.2 in)) leaves, shorter (2 to 2.5 mm
(0.1 in)) fruits, and is found in yellow pine forest (Reveal 1989, Neel
and Barrows 1990, Hickman 1993).
Eriogonum kennedyi var. austromontanum is known from seven pebble
plain complexes in the San Bernardino Mountains (Krantz 1981a, Neel and
Barrows 1990, CNDDB 1997). Reports of this taxon in Ventura County
(Twisselmann 1967, Reveal 1979, and Hickman 1993) are based on
specimens subsequently determined to be E. kennedyi var. kennedyi
(Reveal and Munz 1968, Reveal 1989). Eriogonum kennedyi var.
austromontanum is known to occur on FS, CDFG, and private lands. All of
the sites supporting this taxon are threatened.
Poa atropurpurea
Poa atropurpurea, a member of the grass family (Poaceae), was
described by Frank Lamson-Scribner (1898) based on two collections by
Samuel B. Parish. One specimen (number 2968) was collected in 1894 and
another (number 3696) was collected in 1895 at Bear Valley, San
Bernardino Mountains, California. This species has not been known by
any other name (Keck 1959, Soreng 1993). Poa atropurpurea is a
dioecious (separate male and female plants), tufted perennial with
creeping rhizomes (Soreng 1993). The inflorescence is an erect, dense
spike-like panicle (compound floral axis) 3 to 7 cm (8 to 18 in) high.
The lemmas (lower of the two bracts enclosing the flower in the
spikelet of grasses) are smooth, faintly nerved and less than 3.5 mm
(0.14 in) long. The glumes (scaly bracts of the spikelets) are 1.5 to 2
mm (0.06 to 0.08 in) long. This species flowers from early May to June
or July. Poa atropurpurea may be distinguished from P. pratensis
(Kentucky bluegrass), with which it is often associated, by its shorter
inflorescences, contracted panicles, and glabrous lemmas and calluses
(extension of the inner scale of the spikelet) (Soreng 1993).
Poa atropurpurea occurs in montane meadows in the Big Bear region
of the San Bernardino Mountains, as well as in meadows in the Laguna
Mountains and Palomar Mountains of San Diego County at elevations of
1,800 to 2,300 m (6,000 to 7,500 ft) (Sproul 1979, Krantz 1981b, Winter
1991, Curto 1992). This species occurs near the drier margins of
meadows (Krantz 1981b, Winter 1991) described as vernally wet
marshlands by Hirshberg (1994). Eleven population centers of P.
atropurpurea currently are known to exist in the San Bernardino
Mountains and are often found at meadow sites with Taraxacum
californicum (Krantz 1981b). Clones, consisting of numerous erect culms
(stems), are about 1 m (3 ft) in diameter and may intermingle (Soreng,
pers. comm. 1996). Two of the 11 known populations in the San
Bernardino Mountains are about 9 ha (23 ac) in size and are located on
FS land (Holcomb Valley and Wildhorse Meadows), one 2 ha (5 ac) site is
administered by CDFG (North Baldwin Lake), one 9-ha (20-ac) site is
cooperatively owned by the FS and a private youth camp (Hitchcock
Ranch), and seven sites, about 20 ha (50 ac) total, are privately owned
(Krantz 1981b). Eight of the sites are less than 2.5 ha (6 ac) in area.
Fewer than 40 ha (100 ac) of habitat for this species are known to
remain in the San Bernardino Mountains.
Sproul (1979) reported that there were four known populations of
Poa atropurpurea in the Laguna Mountains of San Diego County,
California. Curto (1992) reported a 1981 collection of P. atropurpurea
from Mendenhall Meadow in the Palomar Mountains of San Diego County.
Poa atropurpurea was thought to be extirpated from the Laguna Mountains
and the Palomar Mountains (Curto 1992). However, in 1993, two
populations, each consisting of about 50 individuals, were located
within the Cleveland National Forest in the Laguna Mountains (Winter,
pers. comm. 1993). Hirshberg (1994) reported finding more than 1,000
plants of P. atropurpurea at seven sites near Laguna Meadow. Five of
these sites appear to encompass the four sites noted by Sproul (1979),
the other two are apparently newly reported sites. In total, this
species is known from less than 20 populations throughout its range.
Co-occurrence of male and female plants of this species is
necessary for seed production. Curto (1992) found that although male
and female culms were about equal in number among herbarium collections
of this species from the San Bernardino Mountains, collections from Big
Laguna and Mendenhall meadows of San Diego County were all female
culms. Hirshberg (1994) found only four male
[[Page 49009]]
plants, two at each of two different sites, during her study of P.
atropurpurea on the Cleveland National Forest in San Diego County.
Soreng (pers. comm. 1996) suggested that it is possible the San Diego
County populations have turned apomictic (not needing fertilization).
This would be evident by a seed set of 20 percent or higher. See Factor
E for further discussion of the importance of dioecy in this species.
Taraxacum californicum
Taraxacum californicum, a member of the sunflower family
(Asteraceae), was described by Philip A. Munz and Ivan Johnston (1925)
based on a specimen collected by W.M. Pierce in May 1922 in Bear
Valley, San Bernardino Mountains, California. Specimens referable to
this species have been previously considered T. officinale var. lividum
(Waldst. & Kit.) Koch (Hall 1907), T. lapponicum Kililm. (Handel-
Mazzetti 1907), T. ceratophorum DC. (Sherff 1920), or T. ceratophorum
var. bernardinum Jepson (Jepson 1925). The first three combinations are
taxa now known not to be present in the region or included with other
European species. The last combination (Jepson 1925) was published
after the combination T. californicum had been published and therefore
is considered a synonym.
Taraxacum californicum is a thick-rooted perennial herb. The
leaves, arranged in basal rosettes, 0.5 to 2 dm (2 to 8 in) high, are
light green, oblanceolate, nearly entire to sinuate-dentate (wavy
toothed) from 5 to 12 cm (2 to 5 in) long and 1 to 3 cm (0.4 to 1.2 in)
wide. The light yellow flowers are clustered in heads on leafless
stalks. The outer phyllaries (bracts of the inflorescence) are erect,
lance-ovate and 5 to 7 mm (0.2 to 0.3 in) long while the inner
phyllaries are lance-linear, and 12 to 15 mm (0.5 to 0.6 in) long.
Plants flower from May to August. Taraxacum californicum is readily
distinguished from other exotic members of this genus within its range
by its lighter green foliage, sub-entire leaves, stocky cylindrical
heads with truncate bases, erect phyllaries, paler yellow flowers, and
small fruits (Munz and Johnston 1925, Stebbins 1993).
Taraxacum californicum occurs in moist meadow habitats in the San
Bernardino Mountains at elevations from 2,000 to 2,800 m (6,700 to
9,000 ft) and is often associated with Poa atropurpurea. These taxa are
restricted to the relatively open edges apart from more mesic plants
such as P. pratensis, Carex spp. or Juncus spp. (Krantz 1981b). The
perimeter of such meadows often intergrades with sagebrush scrub
dominated by sagebrush or pine forest (Krantz 1981b). Taraxacum
californicum is known to occur on FS, CDFG, municipal, and private
lands. About 20 occurrences of the species are currently known, with
population sizes ranging from 2 to 300 individuals. About half of these
occurrences are located within, or adjacent to, urbanized areas such as
Big Bear City, Big Bear Lake Village, and Sugarloaf in San Bernardino
County, California. All of these occurrences are threatened by
urbanization.
Trichostema austromontanum ssp. compactum
Trichostema austromontanum ssp. compactum, a member of the mint
family (Lamiaceae), was described by F. Harlan Lewis (1945) based on
specimens collected in 1941 by M. L. Hilend at Hidden Lake, San Jacinto
Mountains, Riverside County, California. Trichostema austromontanum
ssp. compactum is a compact, soft-villous (with long, shaggy hairs)
annual approximately 10 cm (4 in) tall with short internodes (stem
segments between leaves). The leaves are elliptic (oval but narrowed at
both ends). The blue, five-lobed flowers are less than 7 mm (0.3 in)
long, with two blue stamens. The fruit is a smooth, four-lobed nutlet.
This taxon flowers in July and August. T. austromontanum ssp. compactum
is shorter and has shorter internodes than T. austromontanum ssp.
austromontanum.
Trichostema austromontanum ssp. compactum historically has been
restricted to a single vernal pool known as Hidden Lake (Lake Surprise
in Hall (1902)) at an elevation of about 2,650 m (8,700 ft) in the
Mount San Jacinto State Wilderness. Hidden Lake is the only naturally
occurring body of water in the San Jacinto Mountains. The entire known
range for this plant encompasses less than 0.8 ha (2 ac) (Michael
Hamilton, pers. comm., 1996). The population size of T. austromontanum
ssp. compactum declines during periods of either above or below normal
precipitation because of its position along the perimeter of the vernal
pool habitat (Hamilton 1991). Between 1979 and 1991, the population
sizes of this species fluctuated from less than 50 to 10,000
individuals (Hamilton 1991).
Previous Federal Action
Federal government action on five of the six taxa contained in this
rule began as a result of section 12 of the Act, which directed the
Secretary of the Smithsonian Institution to prepare a report on those
plants considered to be threatened, endangered, or extinct in the
United States. This report, designated as House Document No. 94-51, and
presented to Congress on January 9, 1975, recommended Arenaria ursina,
Poa atropurpurea, and Trichostema austromontanum ssp. compactum for
endangered status. Castilleja cinerea, and Taraxacum californicum,
included in House Document No. 94-51, were recommended for threatened
status. The Service published a notice in the July 1, 1975, Federal
Register (40 FR 27823) of its acceptance of the report as a petition
within the context of section 4(c)(2) (now section 4(b)(3)(A)) of the
Act, and of the Service's intention to review the status of the plant
taxa named therein, including Arenaria ursina, Castilleja cinerea, Poa
atropurpurea, Taraxacum californica, and Trichostema austromontanum
ssp. compactum. On June 16, 1976, the Service published a proposal in
the Federal Register (41 FR 24523) to list approximately 1,700 vascular
plant species as endangered species pursuant to section 4 of the Act.
Arenaria ursina, Trichostema austromontanum ssp. compactum, Poa
atropurpurea, and Eriogonum kennedyi var. austromontanum were included
in the June 16, 1976, Federal Register notice.
General comments received in response to the June 16, 1976,
proposal were summarized in an April 26, 1978, Federal Register notice
(43 FR 17909). A revision of the Smithsonian report (Ayensu and
DeFilipps 1978), provided new lists based on additional data on
taxonomy, geographic range, and endangered status of taxa as well as
suggestions of taxa to be included or deleted from the earlier listing.
Eriogonum kennedyi var. austromontanum, not included in the first
Smithsonian report, was recommended for threatened status in Ayensu and
DeFilipps (1978). The recommended status for other taxa listed above
did not change from the House Document 94-51 listings. Acknowledgment
of the Service's acceptance of this document as a petition was included
in a notice of findings on certain petitions published in the Federal
Register on February 15, 1983 (48 FR 6752). Although the 1978
amendments to the Act 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. On December 10, 1979, Federal Register (44 FR
70796), the Service published a notice of withdrawal for the portion of
the June 16, 1976, proposal that had not been made final, along with
four other proposals that had expired.
[[Page 49010]]
The Service published an updated Notice of Review of plants on
December 15, 1980 (45 FR 82479). This notice included Poa atropurpurea,
Taraxacum californicum, and Trichostema austromontanum ssp. compactum
as category-1 candidates. Category-1 candidates were those species for
which the Service had sufficient information concerning biological
vulnerability and threats to support preparation of listing proposals.
Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var.
austromontanum were included in the notice as category-2 candidate
species. Category-2 candidates were those species for which available
data indicated listing was probably appropriate, but for which
sufficient data on biological vulnerability and threats were not
presently available to support proposed rules. On November 28, 1983,
the Service published a supplement (48 FR 53639) to the December 15,
1980, Notice of Review, (45 FR 82479). The status of the six taxa
remained unchanged until the Service published a Notice of Review in
the Federal Register on February 21, 1990 (55 FR 6183), in which the
status of Arenaria ursina was changed to category-1. Subsequent to the
1990 notice, additional information became available resulting in
Castilleja cinerea and Eriogonum kennedyi var. austromontanum being
changed to category-1 status.
On August 2, 1995, the Service published in the Federal Register
(60 FR 39337) a proposal to list two species, Poa atropurpurea and
Taraxacum californicum, as endangered and four taxa, Arenaria ursina,
Castilleja cinerea, Eriogonum kennedyi var. austromontanum, and
Trichostema austromontanum ssp. compactum, as threatened. That proposed
rule also included Arabis johnstonii to be listed as threatened. The
proposal to list Arabis johnstonii has been withdrawn and is addressed
in a separate document published concurrently in this same Federal
Register issue. The Service now determines Poa atropurpurea and
Taraxacum californicum to be endangered species and Arenaria ursina,
Castilleja cinerea, Eriogonum kennedyi var. austromontanum, and
Trichostema austromontanum ssp. compactum to be threatened species.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on petitions within 12 months of their receipt. Section
2(b)(1) of the 1982 amendments further requires that all petitions
pending on October 13, 1982, be treated as having been newly submitted
on that date. This was the case for the six taxa covered by this rule,
because the 1975 and 1978 Smithsonian reports had been accepted as
petitions. 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 in the Federal Register
on January 20, 1984 (49 FR 2485). Such a finding requires the petition
to be recycled annually, pursuant to section 4(b)(3)(C)(i) of the Act.
The finding was reviewed each October, annually from 1984 through 1993.
Publication of the proposed rule constituted the warranted finding for
these six taxa.
The processing of this final rule follows the Service's listing
priority guidance published in the Federal Register on May 8, 1998 (63
FR 25502). The guidance clarifies the order in which the Service will
process rulemakings. Highest priority will be processing emergency
listing rules for any species determined to face a significant and
imminent risk to its well being (Tier 1). Second priority will be
processing final determinations on proposed additions to the lists of
endangered and threatened wildlife and plants; the processing of new
proposals to add species to the lists; the processing of administrative
petition findings to add species to the lists, delist species, or
reclassify listed species (petitions filed under section 4 of the Act);
and a limited number of delisting and reclassifying actions (Tier 2).
Processing of proposed or final designations of critical habitat will
be accorded the lowest priority (Tier 3). This final rule is a Tier 2
action and is being completed in concurrence with the current Listing
Priority Guidance. All six taxa in this rule face high magnitude
threats. This rule has been updated to reflect any changes in
information concerning distribution, status and threats since the
publication of the proposed rule.
Summary of Comments and Recommendations
In the August 2, 1995, proposed rule (60 FR 39337) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. The 30-day comment period closed on October 9, 1995.
Appropriate Federal and State agencies, County and City governments,
scientific organizations, and other interested parties were contacted
and requested to comment. Individual newspaper notices of the proposed
rule were published in the San Diego Union-Tribune and The Press-
Enterprise on August 10, 1995. No request for a public hearing was
received.
During the comment period, the Service received two written
comments, both of which opposed the proposed listing. Both comments
related only to the taxa that occur in the Big Bear Valley region of
the San Bernardino Mountains, California. The comments relevant to this
final rule have been organized into specific issues. These issues and
the Service's response to each are summarized as follows:
Issue 1: One commenter questioned the existence of pebble plains in
Big Bear Valley.
Service Response: Pebble plains as a biological community have been
described in several scientific studies (Holland 1986; Skinner and
Pavlik 1994; Krantz 1981a, 1983; Freas and Murphy 1990; Neel and
Barrows 1990; and Sawyer and Keeler-Wolf 1995). They were first called
pavement plains (Derby 1979, Derby and Wilson 1978). Several of these
studies (Derby 1979, Krantz 1981a) describe the distribution of pebble
plain habitat in Big Bear Valley. The ecologically unique nature of
these areas and their associated flora were discussed in Derby and
Wilson (1978). Pebble plains have been described as the ``most
spectacular ecologic island'' in Southern California (Schoenherr 1992).
Issue 2: One commenter stated that although meadow and pebble
plains habitat was eliminated by the filling of Big Bear Lake
Reservoir, the plants are ``still abundant in the entire valley.'' This
commenter also stated that mining was not a threat to the plant species
because vegetation was still growing on the old mine tailing piles.
Service Response: Pebble plains are often associated with montane
meadow habitat, as described in the Background section. Meadow habitat
in the Bear Valley region, including near Holcomb Valley and Erwin
Lake, decreased by 76 percent between the late 1800's and 1932. From
1932 to 1990 there was a further decrease of 64 percent in remaining
meadow habitat (Krantz 1990). Overall there has been a 91 percent
decrease in meadow habitat since the late 1800's. A 91 percent decrease
is significant because it represents the permanent loss of occupied and
potential habitat for several of the taxa included in this final rule,
and other sensitive or listed species associated with this habitat.
Although a number of native and exotic plant species are able to grow
on mine tailing piles, this habitat does not provide suitable
conditions for any of the species addressed in this final rule. Meadow
and pebble plain habitat has
[[Page 49011]]
never been extensive in the Big Bear Valley area relative to the
surrounding forest region. For example, one estimate of the number of
remaining acres of pebble plain habitat on National Forest lands is 208
ha (514 ac) or about 0.3 percent of the total acreage of just the Big
Bear Ranger District. These taxa, endemic to the Big Bear Valley area,
are, by all accounts, rare in the region, the County, and the State.
Issue 3: One commenter stated that the threat of hybridization or
``promiscuous occupation of genetic absorption with exotic species'' is
not supported by documentation.
Service Response: In a recent review of extinction by
hybridization, Rhymer and Simberloff (1996) stated that non-indigenous
taxa can bring about the extinction of native flora or fauna. They
cited examples among mammals, birds, amphibians, fish, and plants.
Rieseberg (1991) outlined case histories of introgression in plants,
including Cercocarpus traskiae, an endangered species from Santa
Catalina Island, California. Krantz (in litt. 1993) noted specimens
that had characteristics of both Taraxacum californicum and the
introduced species T. officinale. The precise origin of these
intermediate individuals has not yet been determined. Genetic swamping
by Poa pratensis is a possible threat to P. atropurpurea (Curto 1992).
Issue 4: One commenter questioned the threat of fuelwood harvesting
to the pebble plain species. The commenter noted that people are
required to have a permit to cut fuelwood and are not allowed to drive
off existing roads to collect this wood. The commenter further stated
that there would be less harm done to plant growth by trampling and
rolling of cut wood to get to the trucks if the trucks were allowed to
drive to the trees on the old woodcutters' roads, which have now been
fenced off.
Service Response: Fuelwood harvest is permitted in designated areas
of the Big Bear region, such as portions of Holcomb Valley (SBNF, in
litt. 1995). Most sensitive habitats are not within the areas where
fuelwood harvesting is permitted. However, impacts related to the use
of roads that traverse nearby sensitive habitats do occur. The San
Bernardino National Forest (Odell 1988) has closed roads to protect
sensitive plant habitat in the Arrastre Flats and Union Flats area.
Few, if any, areas of the Forest open to permitted fuelwood harvest
have been impacted by these road closures. The closures do not preclude
access by forest users and have produced no adverse cumulative impacts.
However, vehicles utilizing unauthorized off-road areas directly impact
pebble plains habitat (Odell 1988). Damage caused by ORVs on pebble
plains and meadows can be significant. ORVs destroy smaller shrubs and
annuals (Wilshire 1983). There have been numerous incidents of damage
to the vehicle exclusion fencing around several pebble plain sites
(Henderson, in litt. 1997). These incidents were often associated with
damage to the habitat. An incident of vehicle trespass on a pebble
plain in March 1992, resulted in direct damage to approximately 930
square meters (10,000 sq ft) of habitat (Neel and Chaney 1992). Also,
damage to surface hydrological characteristics occurred because the
soils were wet and deep ruts were produced by the vehicle. These
incidents are further discussed under Factor A.
Issue 5: One commenter questioned the economic value of the taxa
listed herein and another stated that listing these plants would result
in severe depreciation of property value.
Service Response: Under section 4(b)(7)(A) of the Act, a listing
determination must be based solely on the best scientific and
commercial data available. 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 criteria from affecting such decisions'' (H.R. Rep. No. 97-
835, 97th Cong. 2d Sess. 19 (1982)). As further stated in the
congressional report, ``economic considerations have no relevance to
determinations regarding the status of species.'' Because the Service
is specifically precluded from considering economic impacts in a final
decision on a proposed listing, the Service cannot consider the
possible economic consequences of listing the six taxa.
Issue 6: A commenter questioned whether cattle grazing is a threat
to these species because he claims cattle had not grazed in Big Bear
Valley for over 40 years.
Service Response: Several of the meadow sites in the Big Bear area
have been impacted by grazing by domestic livestock (e.g., Bluff Lake,
Hitchcock Ranch, Shay Meadow, Wildhorse Meadow (Krantz 1981b; Krantz,
in litt. 1993)). All of the populations of Poa atropurpurea in the
Laguna Meadow and Mendenhall Meadow are located within grazing
allotments currently used by cattle (Winter 1991). Grazing by domestic
and feral animals other than cattle also poses a threat to the species
listed herein. Native ungulates are facultative browser/grazers or
browsers (feed primarily on woody plants) rather than grazers (feed
primarily on herbaceous plants) (Painter 1995). Domestic ungulates are
grazers which tend to do more damage to herbaceous plants such as Poa
atropurpurea. Krantz (1981a) documented the presence of feral burros on
the Sawmill and Baldwin Lake pebble plains. Neel and Barrows (1990)
concurred with this assessment and added that burros regularly have
been observed on the Gold Mountain pebble plain. Grazing can
destabilize plant communities by aiding the spread and establishment of
non-native taxa (Painter 1995) and thus diminish populations of Poa
atropurpurea (Winter 1991), as well as T. californicum because
Taraxacum officinale is favored over T. californicum under grazing
conditions (Henderson, in litt. 1997).
Issue 7: One commenter asked why Federal and State agencies and
their projects or actions are exempt from protecting endangered or
threatened species.
Service Response: The Act directs Federal agencies to protect and
promote the recovery of listed species. Collection of listed plants on
Federal lands is prohibited. Proposed Federal projects and actions
including activities on private or non-Federal lands that involve
Federal funding or permitting require review to ensure they will not
jeopardize the survival of any listed species, including plants. The
Act does not prohibit ``take'' of listed plants on private lands, but
landowners should be aware of State laws protecting imperiled plants.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is designated. 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 a listed species or destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into formal consultation with the Service.
Although State law may provide a measure of protection to species,
these laws are not adequate to protect the species in all cases.
Numerous activities do not fall under the purview of State law, such as
certain projects proposed by the Federal government and projects
falling under State statutory exemptions. Where overriding social and
economic considerations can be demonstrated, these laws allow project
proposals to go forward, even in cases where the continued existence of
the
[[Page 49012]]
species may be jeopardized or where adverse impacts are not mitigated
to the point of insignificance. The inadequacy of existing State and
Federal regulatory mechanisms is one of the factors that necessitates
Federal listing of these plant taxa. Please see the ``Summary of
Factors Affecting the Species'' section, specifically Factor D, and the
``Available Conservation Measures'' section in this rule for additional
information about this issue.
Issue 8: One commenter stated that ``large scale'' timber harvest
does not occur in the Big Bear Valley region, only dead trees are
removed and some thinning is done by the FS, therefore timber harvest
is not a threat to the plant species.
Service Response: The ``Background'' section of the proposed rule
identified timber harvest as having affected the habitat of Arenia
ursina, Castilleja cinerea over the past 100 years, and further stated
that timber harvest has continued to affect the habitat of Eriogonum
kennedyi var. austromontanum, Poa atropupurea, and Taraxacum
californicum. Although impacts have occurred in the past from timber
harvest, the final rule has been revised and does not identify timber
harvest as a current threat to any of the plant taxa.
Issue 9: One commenter questioned the threat from hiking and other
recreational activities, as well as threats from collecting, scientific
studies, and ``overutilization.''
Service Response: Excessive trampling may alter the hydrology of
the habitats of the taxa listed herein and cause conditions such as
ponding along trails or drying below the trails as a result of soil
compression. These in turn may lead to conditions that affect seedling
establishment or species persistence in these areas. Recreational
activities that include the use of ORVs continue to have significant
negative impacts on pebble plain habitat (see discussion under Factor
A). Botanists often prefer to collect species considered rare for
exchange with other institutions (see discussion under Factor B). Some
limited collection from Federal lands could be permitted for
responsible research by qualified individuals, as well as for periodic
documentation purposes for recognized institutional collections.
Peer Review
In accordance with interagency policy published on July 1, 1994 (59
FR 34270), the Service solicited the expert opinions of three
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the taxonomy, population models, and
supportive biological and ecological information for the taxa under
consideration for listing. The purpose of such review is to ensure
listing decisions are based on scientifically sound data, assumptions,
and analyses, including input of appropriate experts and specialists.
There were no responses to the Service's requests for peer review of
this listing action.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (Act) and regulations (50
CFR Part 424) promulgated to implement the listing provisions of the
Act set forth the procedures for adding species to the Federal list. A
species may be determined to be endangered or threatened due to one or
more of the five factors described in section 4(a)(1) of the Act. These
factors and their application to Arenaria ursina B.L. Rob. (Bear Valley
sandwort), Castilleja cinerea A. Gray (ash-gray Indian paintbrush),
Eriogonum kennedyi S. Watson var. austromontanum Munz & I.M. Johnst.
(southern mountain wild buckwheat), Poa atropurpurea Scribn. (San
Bernardino bluegrass), Taraxacum californicum Munz & I.M. Johnst.
(California taraxacum), and Trichostema austromontanum F.H. Lewis ssp.
compactum F.H. Lewis (Hidden Lake bluecurls) are as follows. A summary
of the threats to each of these taxa is provided in Table 1.
A. The Present or threatened destruction, modification, or
curtailment of their habitat or range. The six taxa listed herein
currently are imperiled by a variety of activities that result in
habitat modification, destruction, degradation, and fragmentation.
These activities include urbanization, ORV activity, alteration of
hydrological conditions, and vandalism.
Table 1.--Summary of Threats
----------------------------------------------------------------------------------------------------------------
Threats
-----------------------------------------------------------------------------------
Species Exotic * ORV Grazing/ Limited
Trampling plants activity Urbanization browsing numbers
----------------------------------------------------------------------------------------------------------------
Arenaria ursina............. x x x x
Castilleja cinerea.......... x x x x x
Eriogonum kennedyi var.
kennedyi................... x x x x
Poa atropurpurea............ x x x x x x
Taraxacum californicum...... x x x x x x
Trichostema austromontanum
ssp. compactum............. x x
----------------------------------------------------------------------------------------------------------------
* ORV = off road vehicle.
Meadow Habitats
Significant loss of meadow habitats in the Bear Valley began in the
late 1880's with the construction of a dam that resulted in the
formation of Big Bear Lake. There were 6,200 ha (15,300 ac) of meadow/
grassland in the Big Bear Valley region and Big Meadow area of the
Santa Ana River prior to construction of the dam (Leiberg 1900) and
1,190 ha (2,900 ac) about 30 years later (USFS 1932). This represents
an 81 percent decrease. Krantz (1990) estimated that there are
currently less than 400 ha (1,000 ac) of meadow habitat remaining in
Big Bear and Holcomb valleys. Overall, 91 percent of all meadow habitat
in those areas has been destroyed since the turn of the century.
The decline of Poa atropurpurea and Taraxacum californicum can be
attributed to urbanization, ORV traffic, and alteration of hydrological
regimes that have destroyed, degraded, or fragmented their meadow
habitat (Krantz 1980, 1981b). Approximately 70 percent of the remaining
Poa atropurpurea habitat in the Big Bear region is unprotected and none
of the P. atropurpurea populations in San Diego County are protected
(see Factor D and Factor E for additional discussion). Portions of two
populations in Laguna Meadows were destroyed by telephone line
trenching and soil removal for
[[Page 49013]]
construction of the earthen dam at Big Laguna Lake (Sproul and
Beauchamp 1979). A portion of one site in Big Bear Valley,
intentionally graded by the landowner in 1991, contained P.
atropurpurea and habitat for the federally listed pedate checker-mallow
(Sidalcea pedata) (Krantz, in litt., 1993). Populations of P.
atropurpurea were also destroyed by development of the facilities at
Big Bear Airport and expansion of Bear Mountain Ski Area (Krantz, in
litt., 1993). Krantz (in litt., 1993) further noted, without indicating
causes, the apparent extirpation of the occurrences of Taraxacum
californicum at Moonridge Meadow, Rathbone Meadow, Sugarloaf, and Erwin
Lake.
Current continuing threats to the meadow taxa discussed in this
rule include the relatively unrestricted development of privately owned
parcels in the Big Bear area outside the boundaries of the San
Bernardino National Forest. Apparently, all of the known occurrences of
Poa atropurpurea and Taraxacum californicum that fall within areas
depicted on a current zoning map for the City of Big Bear Lake are at
sites zoned residential, commercial or flood plain. This includes four
of the seven privately owned sites and over half of the privately owned
habitat of Poa atropurpurea in the Big Bear area. This also includes
four of the 10 privately owned sites supporting Taraxacum californicum.
Within a tract on Eagle Point there is, however, one exclusionary 2.8
ha (7 ac) parcel set aside for rare plant protection by the City of Big
Bear Lake that reportedly includes meadow habitat as well as some
plants of Castilleja cinerea (City of Big Bear Lake, in litt. 1997).
There are no apparent use restrictions on this parcel other than access
limitations and no building sites. The City of Big Bear Lake zoning map
includes the community of Moonridge. Within the area covered by this
zoning map there are at least five occurrences of Poa atropurpurea, at
least four occurrences of Taraxacum californicum, and occurrences of
Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var.
austromontanum. Some sites for the listed species Sidalcea pedata are
also covered by the zoning map. The Service is aware of interest by a
property owner in opening a facility at Pan Hot Springs. This area
supports Poa atropurpurea and Taraxacum californicum, as well as the
federally listed endangered species Sidalcea pedata and Thelypodium
stenopetalum (slender-petaled mustard). This proposed facility has the
potential of fragmenting and degrading the meadow habitat of these
taxa. A current proposal for construction on nine parcels totaling 1.6
ha (4 ac) at Boulder Bay on the south shore of Big Bear Lake could
adversely impact Poa atropurpurea and T. californicum. These taxa, as
well as other sensitive taxa, are known to occur in the vicinity of the
project site.
A road traverses a site along Rathbone Creek that was meadow and
pebble plain habitat. The area between the road and the creek is a
parcel being used as a dump site for dredge materials. Roads, such as
the one just east of Bluff Lake, traverse occupied habitat of Poa
atropurpurea and Taraxacum californicum. Several of the meadow sites,
such as North Baldwin Lake, Wildhorse Springs, and Holcomb Valley are
fragmented by ORV incursions. Road ruts can lead to alterations in the
surface hydrology of meadow habitats (Krantz 1981b). Campground
development has been proposed for meadow sites at Cienega Seca and the
north shore of Big Bear Lake (CNDDB 1997).
Poa atropurpurea faces high magnitude threats throughout the
majority of its range from one or more of the following--development,
grazing, road maintenance, and introduced taxa, as well as the
increased fragmentation of habitat associated with the above
activities. The dioecious nature (separate male and female plants) of
this species compounds any threat at a given site. Taraxacum
californicum faces the same high magnitude threats from the same
sources over about half of its range.
Pebble Plains Habitat
The decline of Arenaria ursina, Castilleja cinerea and Eriogonum
kennedyi var. austromontanum, all of which are largely confined to
pebble plain habitats, can be attributed to habitat destruction,
degradation, and fragmentation resulting from urbanization, ORV
traffic, fuelwood harvesting, mining activities, and the alteration of
hydrological regimes. Neel and Barrows (1990) listed the current total
acreage of pebble plains as 220 ha (545 ac), including about 60 ha (150
ac) of pebble plains habitat not considered by Krantz (1981a, in litt.
1987). Krantz (in litt. 1987) estimated that historically there were
280 ha (700 ac) of pebble plains, and that currently there are only 170
ha (420 ac). Neel and Barrows' (1990) figure represents a 21 percent
decrease from the estimated historic extent of pebble plains in the
region. Krantz (in litt. 1987) did not include two areas considered
pebble plains by Neel and Barrows (1990). These omissions were probably
due, in part, to the fact that these areas were not known to support an
indicator species, Eriogonum kennedyi var. austromontanum.
Nine existing pebble plain complexes were identified by Neel and
Barrows (1990). Of the 220 ha (545 ac) of this highly restricted
habitat, about 208 ha (514 ac) is administered by the FS and 12 ha (32
ac) occurs on private land (Neel and Barrows 1990). Nearly all the
complexes support populations of these species and generally, such
populations are fairly evenly distributed throughout.
Urbanization has resulted in the destruction of 85 ha (210 ac) of
former habitat in the Sawmill complex near the community of Sugarloaf
(Krantz, in litt. 1987). Similarly, development has eliminated habitat
within the Big Bear Lake complex, including areas near Fawnskin,
Mallard Lagoon, Eagle Point, and Metcalf Bay (CNDDB 1997) and has
continued on small unprotected sites (Neel and Barrows 1990).
Relatively unrestricted development of privately owned parcels that
support pebble plain species is a threat to Arenaria ursina, Castilleja
cinerea, and Eriogonum kennedyi var. austromontanum. This was described
above under the ``Meadow habitats'' section. Unpermitted grading
eliminated pebble plains habitat at Castle Glen (Krantz, in litt.,
1993). A current proposal for development on nine parcels totaling 1.6
ha (4 ac) at Boulder Bay (Big Bear Lake complex) on the south shore of
Big Bear Lake could adversely impact sensitive taxa including Arenaria
ursina, Castilleja cinerea, and Eriogonum kennedyi ssp. austromontanum.
The most significant and persistent threat to the pebble plains is
ORV activity (Krantz, in litt. 1987; Neel and Barrows 1990; Henderson,
in litt. 1997). Incidents involving destruction or degradation of
pebble plains habitat by ORVs continue to present a significant threat
to all pebble plain sites (Maile Neel, SBNF, pers. comm. 1993; Krantz,
in litt. 1993; Henderson, in litt. 1997). Most privately owned pebble
plain sites receive no protection. A few sites, however, have voluntary
non-binding landowner agreements (see Factor D).
Over 11 km (7 mi) of FS roads and 16 km (10 mi) of unauthorized
routes directly impact pebble plain sites, such as Arrastre/Union Flats
(complex), Sawmill (part of Sawmill complex), Holcomb Valley (complex),
and Nelson Ridge (part of the North Baldwin Lake complex) (Odell 1988).
Although the FS does not permit activities that alter the hydrology of
pebble plains or meadows, unauthorized ORV traffic continues to be a
problem in many areas and contributes to hydrological
[[Page 49014]]
modifications of these sensitive habitats. The majority of the pebble
plains complexes are directly impacted by vehicle routes that may lead
to alterations in the surface hydrology (Krantz 1981a, Neel and Barrows
1990, Neel and Chaney 1992).
Normally, surface water flows evenly across the relatively
impervious pebble plains (Odell 1988). Pebble plains are extremely
susceptible to damage during spring thaw (Krantz 1981a). ORVs can
destroy plants and create deep ruts that change the water flow patterns
over the pebble plains and lead to increased erosion, which indirectly
affects a greater number of plants (Neel and Barrows 1990). ORVs can
cause the breakdown of soil structure although the erosion potential of
the soil is not considered high due to the moderate slopes and rainfall
(Neel and Barrows 1990). Vehicular activity also favors the
establishment of species more tolerant of such disturbance, thereby
altering the composition of the plant community over time (Lathrop
1983).
The pebble plain site at upper Sugarloaf (part of the Sawmill
complex) has been completely devegetated by ORV activity (Krantz in
litt., 1987) and Horseshoe Meadow has been degraded by unregulated
vehicle activity (Krantz, in litt. 1993). Pebble plain habitat in upper
Holcomb Valley (part of the Holcomb Valley complex) has been degraded
by vehicles driven around depressions with standing water during winter
(Neel and Barrows 1990; Krantz, in litt. 1987). This vehicle traffic
creates muddy areas unsuitable for the persistence or recruitment of
the plants. Vehicle roads and tracks lead to habitat fragmentation and
increase the potential for edge effects on the pebble plains.
The FS has implemented a number of measures including fencing,
signage, road closures, and active monitoring in an effort to protect
pebble plains from illegal ORV activity. Despite this action, over 40
percent of the pebble plain habitat within FS jurisdiction remains
unprotected (Neel and Barrows 1990).
Fences that protect virtually all of the large pebble plain sites
are often cut or removed, thus enabling vehicles to enter the plains
(Henderson, in litt., 1997). In February 1997, the FS removed rocks
placed on the Sawmill pebble plain, filled holes, and rewired the gate
as a result of ``extreme vehicle use'' at the Upper Sugarloaf/Sugarloaf
pebble plain area in August 1996. Vehicles were observed on a closed
road in Union Flat in July 1996, and, in that same month, vehicles had
driven onto the pebble plain at Gold Mountain (Henderson, in litt.
1997). All of these incidents occurred within fenced sites.
The FS has kept records of incidents of human-caused damage and
destruction to fenced areas of pebble plains from 1990 to 1997
(Henderson, in litt. 1997), but has not always correlated specific
habitat destruction events with incidents of trespass. However, a
single, well documented example is cited below.
The pebble plains near North Baldwin Lake, fenced and posted as
rare plant habitat, were extensively damaged in March 1992. A
construction vehicle from the San Bernardino County landfill was driven
over this site in an apparently intentional act of vandalism (Krantz,
in litt. 1993; Neel and Chaney 1992). The driver trespassed, drove over
the identifying signs and fences, and caused extensive damage to the
habitat (Neel and Chaney 1992). The soils were highly vulnerable to
disturbance because they were saturated. Over 1,200 sq m (13,000 sq ft)
of pebble plain habitat was moderately to severely damaged during this
incident (Neel and Chaney 1992). Restoration was required by the FS,
but it was not entirely successful because the indirect effects of the
vehicle incursion, including alteration of surface hydrology and the
subsequent invasion of exotic species, have significant, long-term
effects (Neel and Chaney 1992; Krantz, in litt. 1993).
Some sites near Baldwin Lake are subject to quartzite theft (CNDDB
1997). Mineral rights have been claimed on or near several of these
pebble plains, such as Arrastre Flat and North Baldwin Lake. There is a
deposit of high grade limestone just west of lower Holcomb Valley.
Quarrying of this limestone would eliminate the pebble plain (Neel and
Barrows 1990). Mining activities threaten pebble plain habitat by
direct removal or indirect impacts. This pebble plain reportedly
supports Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi
var. austromontanum. The associated meadows likely to be impacted
support Poa atropurpurea and Taraxacum californicum.
Activation or installation of wells north of the pebble plain in
lower Holcomb Valley (Neel and Barrows 1990), near Baldwin Lake
(Barrows 1989), or in Garner Valley, can alter the hydrological regime
of the habitat and threaten sensitive species. Alteration of the
direction of surface flow and rate of percolation may lead to changes
in the species composition of the site (Neel and Barrows 1990), make
the site unsuitable for one or more of the native taxa, and/or
facilitate the encroachment of non-native species.
The majority of the pebble plains and their associated species have
been and continue to be affected by habitat destruction and degradation
most frequently associated with ORV traffic and development of
privately owned parcels.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Some of the taxa may have become vulnerable to
collecting by curiosity seekers as a result of the increased publicity
following publication of the proposed rule. Some professional and
amateur botanists favor rare or unusual species for their collections
or because these are valuable to trade with other individuals or
collections (Mariah Steenson pers. comm. 1997). A survey of the
collections of a major herbarium in the region showed significant
increases in the numbers of collections of several pebble plain taxa,
following publication of an article describing this new habitat type.
These taxa include Arenaria ursina, Castilleja cinerea, Eriogonum
kennedyi var. austromontanum, considered in this rule, as well as other
pebble plain taxa, such as Arabis parishii, Antennaria dimorpha, and
Dudleya abramsii ssp. affinis (Wallace, in litt. 1997). A similar
increase in numbers of collections of the rare, native, meadow species
Taraxacum californicum occurred but not for the associated introduced
exotic T. officinale (Wallace pers. obs. 1997). Ayensu and DeFilipps
(1978) specifically cite over-collection as a threat to Eriogonum
kennedyi var. austromontanum. It is likely that the additional
attention given to these taxa as a result of this final rule will
result in efforts by some to collect specimens. This potential would be
exacerbated by publication of maps and descriptions of critical
habitat.
C. Disease or predation. Disease is not known to be a factor
affecting any of the taxa listed herein. The indirect effects of
grazing/browsing are discussed under Factor E. Soreng (pers. comm.
1996) found considerable thrip (minute insects that feed on plants)
damage to the ovaries of Poa atropurpurea in the Big Bear area. This
may result in low seed set but is presumably a natural phenomenon. In
some taxa, low seed set, high seed mortality, and infrequent
establishment may be offset by low mortality and greater longevity of
the plants (Pavlik 1987). Soreng (pers. comm. 1996) stated that seed
set in sexual taxa of Poa is about 10 percent. The additional impacts
associated with persistent grazing could eliminate any seed production
by this taxon. This, in turn, could decrease or eliminate establishment
of new plants of divergent genetic constitution.
[[Page 49015]]
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that could provide some protection for these
species include--(1) listing under the California Endangered Species
Act (CESA), (2) consideration under the California Environmental
Quality Act (CEQA), (3) FS management policies, (4) conservation
provisions under section 404 of the Federal Clean Water Act, and (5)
land management by Federal, State, or local agencies, or by private
groups and organizations.
State Laws
The six taxa addressed in this rule are included in the California
Native Plant Society's Inventory (Skinner and Pavlik 1994), but none
have been listed as endangered or threatened by the State. Thus, the
CESA (Division 3, chapter 1.5, section 2050 et seq.) and the Native
Plant Protection Act (NPPA) (Division 2, chapter 10, section 1900 et
seq. of the California Fish and Game Code) provide no protection for
the six taxa in this rule.
The CDFG recognizes that the majority of plants on Lists 1A, 1B,
and 2 of the CNPS Inventory of Rare and Endangered Vascular Plants of
California (Skinner and Pavlik 1994) would normally qualify for State
listing (Morey and Berg 1994). All six plant taxa in this rule are in
the CNPS Inventory on List 1B (Plants Rare, Threatened, or Endangered
in California and Elsewhere) (Skinner and Pavlik 1994). Under CEQA,
impacts to List 1B plants are considered significant and must be
addressed. CEQA obligates disclosure of environmental resources within
proposed project areas and may enhance opportunities for conservation
efforts. However, CEQA does not guarantee that such conservation
efforts will be implemented and several projects have resulted in the
unmitigated loss of habitat for Arenaria ursina, Castilleja cinerea,
Eriogonum kennedyi var. austromontanum, Poa atropurpurea, and Taraxacum
californicum. These projects include expansion of the Big Bear Airport,
construction of ski areas, development of the Moonridge Golf Course
(Krantz 1981b), and approval of the Eagle Point development (Neel, in
litt. 1993). Furthermore, these taxa face threats that are not easily
controlled by existing regulations, particularly those discussed under
Factor A.
The CEQA requires a full disclosure of the potential environmental
impacts of proposed projects. The public agency with primary authority
or jurisdiction over the project is designated as the lead agency, and
is responsible for conducting a review of the project and consulting
with the other agencies concerned with the resources affected by the
project. Section 15065 of the CEQA Guidelines requires a finding of
significance if a project has the potential to ``reduce the number or
restrict the range of a rare or endangered plant or animal.'' Once
significant effects are identified, the lead agency has the option to
require mitigation for effects through changes in the project or to
decide that overriding considerations make mitigation infeasible. In
the latter case, projects may be approved that cause significant
environmental damage, such as resulting in the loss of sites supporting
State-listed species. Mitigation plans usually involve the
transplantation of the plant species to an existing habitat or an
artificially created habitat. Following the creation of the
transplantation plan, the original site is destroyed. Therefore, if the
mitigation effort fails, the resource has already been lost. Protection
of listed species through CEQA is, therefore, dependent upon the
discretion of the lead agency involved.
FS Management
With the exception of Trichostema austromontanum ssp. compactum,
which only occurs on State lands, all of the taxa listed herein are
found on the San Bernardino National Forest and are recognized by the
FS as ``sensitive species'' (SBNF 1989). The FS has policies to protect
sensitive plant taxa, including attempting to establish these species
in suitable or historic habitat, encouraging land acquisitions to
protect sensitive plant habitat, establishing refugia for pebble plains
species, and not permitting activities that may alter the hydrology or
meadow habitat for sensitive plants (SBNF 1989). These guidelines,
however, have not been entirely effective. Bluff Lake, which is
privately owned and contains populations of Poa atropurpurea and
Taraxacum californicum, was identified as a potentially suitable
mitigation bank of wetland and wet meadow habitat for urban
developments in the region. However, plans by the FS to acquire Bluff
Lake are no longer being pursued because the parcel is not available
for sale (Maile Neel, SBNF, pers. comm. 1993). The extensive monitoring
and fence maintenance activities carried out by the San Bernardino
National Forest have not prevented damage to pebble plain sites in the
area.
Even if most of the remaining pebble plain and meadow habitats on
the San Bernardino National Forest could be adequately protected from
human disturbance, the amount of habitat presently occupied by Arenaria
ursina, Castilleja cinerea, Eriogonum kennedyi var. austromontanum, Poa
atropurpurea and Taraxacum californicum may not be sufficient to
maintain their long-term viability in the absence of appropriate
recovery measures.
The Holcomb Valley/North Baldwin Lake region, which supports
populations of Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi
var. austromontanum, Poa atropurpurea and Taraxacum californicum, and
significant examples of pebble plain habitat, was designated a Special
Interest Area by the FS in 1989. No specific management plan has been
developed for the area due to resources being directed to higher
priority activities (Neel, pers. comm. 1993).
Management guidelines for meadow sites on the Cleveland National
Forest supporting Poa atropurpurea are outlined by Winter (1991). These
include the requirement to maintain viable populations at all known
localities. Other guidelines call for protection, enhancement, and
prevention of adverse modification of habitat for sensitive species.
They also call for prevention of fragmentation of the montane meadows.
However, there are no specific steps to achieve these goals outlined in
the document.
Clean Water Act
Poa atropurpurea and Taraxacum californicum could potentially be
affected by projects requiring a permit under section 404 of the Clean
Water Act. Under section 404 of the Clean Water Act, the U.S. Army
Corps of Engineers (Corps) regulates the discharge of fill material
into waters of the United States, which includes navigable and isolated
waters, headwaters, and adjacent wetlands. Section 404 regulations
require that applicants obtain an individual permit to place fill for
projects affecting greater than 1.2 ha (3 ac) of waters of the United
States or greater than 500 linear feet of a streambed. Nationwide
Permit (NWP) No. 26 (33 CFR part 330) was established by the Department
of the Army to facilitate authorization of discharges of fill into
isolated waters (including wetlands and vernal pools) that cause the
loss of less than 1.2 ha (3 ac) of waters of the United States, and
that cause minimal individual and cumulative environmental impacts.
Projects that qualify for authorization under NWP 26 and that affect
less than 0.1 ha (\1/3\ ac) of isolated waters including wetlands may
proceed. Although the permittee must submit a report to the Corps
within 30 days of completion of the work, evaluation of
[[Page 49016]]
the impacts of such projects through the section 404 permit process is
precluded. It is possible that even projects as small as 0.1 ha (\1/3\
ac) could destroy some of the smaller occurrences in the urbanized
areas of Big Bear Valley, or alter the hydrology of a meadow or pebble
plain site. Road widening or stream channelization, such as that near
Fox Farm Road and Rathbone Creek may affect the surrounding habitat.
Even though Trichostema austromontanum ssp. compactum is associated
with a single vernal pool, it would not be affected by the Clean Water
Act because its entire distribution lies within Mount San Jacinto State
Wilderness.
The Corps may require that an individual section 404 permit be
obtained if projects otherwise qualifying under NWP 26 would have
greater than minimal individual or cumulative environmental impacts.
The Corps has been reluctant to withhold authorization under NWP 26
unless the existence of a federally listed threatened or endangered
species would be jeopardized.
Land Management
Representatives from various Federal, State, and local agencies,
and individuals from the private sector are developing a Coordinated
Resource Management Plan (CRMP) for the Big Bear Valley region. The
CRMP process is a planning tool that operates on the local level to
minimize conflicts among various user groups, landowners, and
governmental agencies. The goal of this process is to identify
sensitive biological resources and to integrate conservation efforts
with those of public and private entities. Although the Service
supports these efforts, little or no protection for the species
described herein will be guaranteed. This process is not legally
binding.
E. Other natural or manmade factors affecting their continued
existence. The six taxa listed herein are threatened by a variety of
other factors including trampling by livestock and humans, indirect
effects of grazing and browsing, competition with other plant species,
habitat fragmentation, and hybridization with non-native taxa.
Trampling may degrade habitat by soil compression and introduction
of seeds of non-native species. This leads to changes in the
composition of the vegetation and facilitates persistence of these non-
native species (Lathrop 1983, Fleischner 1994). The presence of
livestock typically changes the composition of native plant communities
by reducing or eliminating those species that cannot withstand
trampling, which enables more resistant, usually non-native species to
increase in abundance (Painter 1995).
Sites supporting Arenaria ursina, Castilleja cinerea, and Eriogonum
kennedyi var. austromontanum have been moderately to heavily degraded
by cattle trampling in the past (e.g., Wildhorse Meadow, Holcomb
Valley, and North Baldwin Lake) (Krantz 1981a, Neel and Barrows 1990,
Krantz, in litt. 1993). These same taxa are occasionally trampled by
horses which gain access to some fenced pebble plain sites when the
fences are cut (Henderson, in litt. 1997). Some areas continue to be
impacted by cattle, horses, and feral burros. Habitat degradation from
trampling by feral burros continues at the North Baldwin Lake, Sawmill,
Onyx, and Gold Mountain pebble plain complexes (Barrows 1989, Neel and
Barrows 1990). This threat will be alleviated once burros are
completely removed and kept away from pebble plain sites, except Broom
Flat (about 50 percent of the Onyx complex). This removal process is
currently underway under provisions of the Big Bear Wild Burro
Territory Management Plan (Lardner 1996). It is not clear whether
burros will attempt to return to the area and what the FS's response
will be if that occurs.
Trampling by hikers and visitors has been noted at some sites. Due
to its accessibility, and localized habitat, the Trichostema
austromontanum ssp. compactum population at Mount San Jacinto State
Wilderness is particularly vulnerable to trampling by recreational
users. This site has been popular since the development of the Palm
Springs tramway in 1964 and the Desert Divide Trail from 1979 to 1981
(Hamilton, pers. comm. 1996). Several measures were initiated by the
State during the past decade to protect the vernal pool ecosystem and
the Trichostema population, including removing references to the site
from park interpretive materials and the elimination of marked trails
to the lake. These measures, however, have not prevented on-going
impacts from trampling by hikers and horses. Trampling by horses
crushes plants and creates depressions that retain water where seeds
and adult plants of T. austromontanum ssp. compactum drown (Hamilton
1991; Hamilton, pers. comm. 1996). Livestock concentrate their
activities around ponds and vernal wetlands. As a result, impacts to
mountain meadows may persist for decades (Painter 1995).
Trampling by livestock and people adversely affects Taraxacum
californicum and favors the establishment of the non-native T.
officinale. Only the latter species seems to have the ability to
produce flower heads and leaves close to the soil surface (Krantz, in
litt. 1993). Several sites supporting this species are near, or
traversed by trails, including Bluff Lake, sites along the south side
of Big Bear Lake, and Cienega Seca, for example (CNDDG 1997). Two
populations of Poa atropurpurea in Laguna Meadow (San Diego County)
were damaged by cattle trails (Sproul 1979). All of the occurrences of
Poa atropurpurea in Laguna Meadow and Mendenhall Meadow, Cleveland
National Forest, San Diego County are on currently occupied grazing
allotments, although cattle exclosures are on two of the sites (Winter
1991). Grazing by cattle during the fruiting season of Poa atropurpurea
is likely to eliminate a significant portion of any seed produced in a
given year. This problem is compounded by several factors; the species
is dioecious (separate male and female plants), and destruction of
flowers of either sexual form would likely directly affect the sexual
reproductive success for that year, which could, in turn, decrease the
potential for long term survival of the species. Meadow sites in the
Big Bear area, such as Bluff Lake, are also subject to trampling by
people and animals. One population of Castilleja cinerea, across from
Snow Valley Ski Area, was fragmented by trampling associated with the
construction of several large cabins, a parking lot, and trails.
Grazing by cattle, horses, and feral burros is a continuing threat
to Poa atropurpurea and Taraxacum californicum at meadow sites such as
Hitchcock Ranch, Shay Meadow, Bluff Lake, and Laguna Meadow (Winter
1991; CNDDB 1997; Lardner, pers. comm. 1997). Painter (1995) used the
term grazing to mean feeding primarily on herbaceous plants, and the
term browsing to mean feeding primarily on woody plants. Herbivory is a
combination of both of these terms (Painter 1995). Painter (1995)
considered cattle to be grazers, burros and horses to be browser/
grazers, and native deer to be browser/grazers. The significance of the
differences is that control of the non-native animals will reduce
grazing and browsing damage to levels tolerable by the native species.
Fleischner (1994) indicated that the loss of biodiversity, lowering of
population density, and disruption of ecosystem functioning are some of
the ecological costs of grazing by livestock. Krantz (1981b) noted that
the number of seeds produced by P. atropurpurea is reduced if it is
grazed during its flowering period.
Cattle grazing is a threat to Poa atropurpurea in grazing
allotments on
[[Page 49017]]
the Cleveland National Forest (Winter 1991, CNDDB 1997). Grazing can
reduce or eliminate seed set and thereby decrease recruitment and
genetic diversity. On the San Bernardino National Forest, there is no
current permittee for the grazing allotment at Wildhorse Meadow
(Lardner, pers. comm. 1997). Castilleja cinerea is on the Santa Ana
grazing allotment on Sugarloaf Ridge, which lacks a current permittee
(Lardner, pers. comm. 1997). Another population of Castilleja cinerea
is at Broom Flat where burros will continue to be allowed under the Big
Bear Wild Burro Territory Management Plan (Lardner, pers. comm. 1997).
Introduced species of grasses and forbs have invaded many of
California's native plant communities, where they often displace the
native flora. Non-native taxa often have greater invasive capabilities
than endemic species (Huenneke and Thompson 1995). Disturbances, such
as grazing, urban and residential development, and various recreational
activities facilitate introduction of non-native species. Non-native
plants may flourish under a grazing regime and may reduce or eliminate
native taxa through crowding or competition for resources. Deposition
of animal waste spreads ingested seeds and alters nutrient cycling
patterns, often favoring non-native taxa. Introduced plant taxa have
become established in many portions of the San Bernardino, San Jacinto,
and Laguna mountains and have likely reduced the amount of suitable
habitat for Taraxacum californicum, Poa atropurpurea (Krantz 1981b,
Curto 1992) and other associated native plant taxa. For example, the
invasion of the alien Bromus tectorum (cheatgrass) is a threat to the
Sawmill pebble plain habitat, which supports populations of Arenaria
ursina, Castilleja cinerea, and Eriogonum kennedyi var. austromontanum
(Neel and Barrows 1990). Neel and Barrows (1990) also raised concerns
that damaged pebble plain sites will be taken over by native pines.
Pines can shade out other plants and the decay of their leaves releases
nutrients that support additional trees, further decreasing available
pebble plain habitat (Neel and Barrows 1990). Introduced species are
used as forage in San Bernardino and Cleveland National Forest grazing
allotments. Poa atropurpurea cannot successfully compete with non-
native grass species that are locally abundant by comparison (Winter
1991).
The dissected nature of the pebble plain complexes maximizes the
potential of edge effects on these complexes. There are normally low
levels of gene transfer among the complexes because of the differing
seasonal developmental stages of plants from different sites (Freas and
Murphy 1990). Further dissection of pebble plain sites makes them more
vulnerable to incursions of invasive exotics. There would likely also
be a decrease of gene flow among the remaining pebble plains sites. Poa
atropurpurea is dioecious (separate male and female plants) and has a
limited range. These species attributes are likely to increase the
probability that the species could be threatened if its habitat or
populations were further dissected.
Taraxacum californicum may be threatened by hybridization with the
introduced T. officinale (Krantz, in litt. 1993). Apparent hybrids
between these two taxa were observed in areas where they overlap in
distribution (Krantz, in litt. 1993; Krantz 1980). Because T.
californicum rarely occurs in the absence of T. officinale, the
potential for loss of genetic distinctiveness of the restricted species
exists. Poa atropurpurea may be threatened with the loss of its genetic
distinctiveness due to hybridization with P. pratensis. Curto (1992)
describes the different distinctive morphs of Poa pratensis complex
maintained by apomictic means described by Clausen (1961). Clausen
(1961) demonstrated, in controlled experiments, that progeny of crosses
between P. pratensis and other Poa species are morphologically within
the range of variation of P. pratensis. According to Clausen (1961),
Poa pratensis has the ability to absorb other entities. Curto (1992)
speculated that this may have been the fate of Poa atropurpurea in
Laguna Meadow. Mixed or simultaneous collections of both Poa
atropurpurea and P. pratensis are found in herbaria (Curto 1992,
Wallace pers. obs. 1997). This is in contrast to a statement by
Hirshberg (1994) that P. atropurpurea flowers 3 to 4 weeks earlier than
P. pratensis.
When a species exists in limited numbers of individuals, factors
that negatively affect the individuals may pose more significant
threats to the survival of the species. Poa atropurpurea, Taraxacum
californicum, and Trichostema austromontana ssp. compactum face this
threat. Poa atropurpurea has limited and possibly localized
distribution of the different sexual forms of the species. If one
sexual form is effectively isolated from the other, formation of
fertile seeds may be precluded and this will likely lead to some loss
of genetic diversity. Grazing may eliminate all of the seed crop for
the year. The threat of limited numbers in Taraxacum californicum would
likely make grazing and hybridization threats more significant within
local populations. The limited numbers and extremely localized range of
Trichostema austromontana ssp. compactum make this taxon more
susceptible to single disturbance events such as trampling during the
flowering season or alteration of the local water table from soil
compression.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these six taxa in determining to issue this
final rule. Based on this evaluation, the preferred action is to list
Poa atropurpurea and Taraxacum californicum as endangered. About 91
percent of the meadow habitat for these species has been eliminated
since the turn of the century. Approximately 70 percent of the
remaining meadow habitat is unprotected, subject to development such as
that recently proposed at Boulder Bay, wildlife viewing walks at
Baldwin Lake, fragmentation from ORV traffic, and grazing at several
sites such as Bluff Lake and Laguna Meadows. Both P. atropurpurea and
T. californicum may be crowded out by successful, invasive, co-
occurring, non-native species with which they may also hybridize. All
of the San Diego County sites for P. atropurpurea are on unprotected
grazing lands. These taxa are in danger of extinction throughout all or
a significant portion of their ranges due to habitat destruction and
alteration resulting from urban and recreational development,
alteration of hydrological regime, grazing by livestock and feral
burros, hybridization with non-native taxa, and competition from exotic
plant species. Alternatives to this action were considered but not
preferred because not listing these species, or listing them as
threatened, would not provide adequate protection and would not be
consistent with the Act.
For the reasons discussed below, the Service finds that Arenaria
ursina, Castilleja cinerea, Eriogonum kennedyi var. austromontanum, and
Trichostema austromontanum ssp. compactum are likely to become
endangered within the foreseeable future throughout all or a
significant portion of their ranges if identified threats are not
reduced or eliminated. Threats to these four taxa include habitat
destruction and alteration from urban development, ORV activity,
habitat degradation, predation by livestock and feral burros, and
trampling. The Service has determined that threatened rather than
endangered status is appropriate for these taxa primarily because the
FS has
[[Page 49018]]
initiated measures that afford some protection to Arenaria ursina,
Castilleja cinerea, and Eriogonum kennedyi var. austromontanum and the
State has taken measures to protect Trichostema austromontanum.
Management activities conducted by the FS (such as fencing, signing,
and monitoring various sensitive habitat areas) have reduced the
potential for habitat destruction by human activities to the degree
that the danger of extinction for these three taxa is not imminent.
Measures implemented by the State to obscure access routes to the only
known locality of, and delete references to Trichostema austromontanum
ssp. compactum in recreational literature afford this plant some
measure of protection. Alternatives to this action were considered but
not preferred because not listing these species would not provide
adequate protection and would not be consistent with the Act. In
addition, listing the species as endangered would not be appropriate
because the FS and the State of California have significantly decreased
the danger of extinction of these taxa at the present time.
Critical Habitat
Critical habitat is defined in section 3(5)(A) 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 that are necessary to bring the species to the point at
which the measures provided pursuant to the Act are no longer
necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12(a)) require that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat
concurrently with determining a species to be endangered or threatened.
The Service finds that designation of critical habitat is not prudent
for these taxa at this time. Service regulations (50 CFR 424.12(a)(1))
state that designation of critical habitat is not prudent when one or
both of the following situations exist: (i) 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 (ii) such designation of critical habitat would not be
beneficial to the species.
Designation of critical habitat would likely increase the threat
from vandalism, noted under Factor A. For the three pebble plain
species, Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi
var. austromontanum, the publication of precise maps and descriptions
of critical habitat in the Federal Register would make these species
more vulnerable to incidents of vandalism and, therefore, make recovery
more difficult and contribute to the decline of these species. Several
documented examples of a pattern of intentional destruction of pebble
plains and associated habitats have been cited under Factor A. The San
Bernardino National Forest has kept a record of repairs to fences
around most of the larger pebble plain sites since 1990 (Henderson in
litt. 1997). There is a record of persistent trespass into these fenced
areas which have been variously marked with signs stating ``Critical
Rare Plant Habitat. No Vehicles.'' (Neel and Barrows 1990). The
incidents recorded generally consist of entry following the cutting of
fence wires but include records of vehicle access, placement of ``rock
art,'' removal of fence wires and fence posts, and destruction of
signage (Henderson, in litt. 1997). These records indicate 40 such
incidents at the Sawmill pebble plain complex between 1990 and 1997. At
the north Baldwin Lake site these same records indicate 20 incidents of
wires having been cut during the period 1990 to 1996. Pebble plain
areas occasionally are associated with meadow sites containing several
sensitive plant species. A specific act of vandalism was directed at a
meadow-associated species following the release of location information
for populations of Sidalcea pedata, a federally listed species resulted
in a legal action suit (Krantz, in litt. 1993).
The threat of over-collection to the pebble plain and meadow taxa
is discussed under Factor B. Significant increases were seen in the
number of specimens in the collections in a large regional herbarium.
Specimens of Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi
var. austromontanum, as well as the meadow species Taraxacum
californicum and Poa atropurpurea, were increased subsequent to the
publication of two articles discussing these taxa and their unique
habitats (Wallace pers. obs. 1997). Of particular interest is the fact
that there was an increase in the numbers of collections of Poa
pratensis, commonly mistaken for Poa atropurpurea (Wallace pers. obs.
1997). Finally, there was an increase in the numbers of collections of
Taraxacum californicum while there was no increase in the numbers of
collections of the often associated introduced taxon T. officinale from
the same areas (Wallace pers. obs. 1997). The implication is that
collectors specifically sought out the rare T. californicum. It should
be noted that often additional specimens, beyond those housed by the
home institution, are collected for exchange with other institutions.
The listing of species as endangered or threatened publicizes their
rarity and may make them more susceptible to collection by researchers
or curiosity seekers (Mariah Steenson pers. comm. 1997). This would
likely be exacerbated by the publication of precise maps and
descriptions of critical habitat in the Federal Register. Dissemination
of sensitive site locations can encourage over-collection (M. Bosch, FS
in litt. 1997). The Service feels that publication of precise maps for
these species' locations (i.e., designation of critical habitat
boundaries), coupled with this final listing rule, would put these
species at further risk for over-collection by plant enthusiasts given
this well documented history of previous collections.
Enforcement problems could increase as a result of critical habitat
designation because frequent visits to many of the occurrences are not
possible due to funding constraints as well as the distances and
terrain involved (Neel and Barrows 1990). The meadow and pebble plain
habitats rely, in part, on particular hydrological conditions and, as a
consequence of the low visit frequency, remediation for incidents and
vandalism may be too late to prevent erosion, devegetation, and other
habitat alterations detrimental to the habitat and the species.
Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi var.
austromontanum, Taraxacum californicum and Poa atropurpurea occur on
Federal, State and private lands. The first three taxa are co-occurring
endemics found primarily on pebble plain complexes in the San
Bernardino Mountains. Private lands make up portions of four of the
eight pebble plain complexes that support Arenaria ursina. Private
lands make up all or portions of 5 of the 13 pebble plain complexes and
other areas that support Castilleja cinerea. Private lands that support
Eriogonum kennedyi var. austromontanum are nearly all associated with
one, the Big Bear Lake
[[Page 49019]]
pebble plain complex, of the seven pebble plain complexes that support
this taxon. Private lands make up 8 of the 20 occurrences of Taraxacum
californicum in meadow areas of the San Bernardino Mountains. Private
lands make up all or portions of 7 of the 18 occurrences in the San
Bernardino, Laguna, and Palomar Mountains of the meadow associated
species Poa atropurpurea.
Designation of critical habitat would be of little benefit to
occurrences of these taxa on State and private lands. Any future
Federal involvement, such as through the permitting process or funding
by the U.S. Department of Agriculture, the Corps through section 404 of
the Clean Water Act, the U.S. Federal Department of Housing and Urban
Development or the Federal Highway Administration, would be subject to
consultation under section 7 of the Act (as amended). Federal
involvement, where it does occur, can be identified without the
designation of critical habitat because interagency coordination
requirements such as the Fish and Wildlife Coordination Act (FWCA) and
section 7 of the Act are already in place. When these plant taxa are
listed, activities occurring on all lands under Federal jurisdiction or
ownership that may adversely affect these taxa would prompt the
requirement for consultation pursuant to section 7(a)(2) of the Act and
the implementing regulations pertaining thereto, regardless of whether
or not critical habitat has been designated. The FWCA, for example,
requires that any federally funded or permitted water resource
development proposal or project be consulted on with the Service and
State conservation agencies. Designating critical habitat would not
create a management plan for these plant species, or establish
numerical population goals for long-term survival of the species, nor
directly effect areas not designated as critical habitat.
Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi var.
austromontanum, Taraxacum californicum, and Poa atropurpurea occur on
the Baldwin Lake preserve which is administered by the CDFG. The CDFG
is aware of the occurrences of these taxa on this preserve and
currently conducts demographic monitoring of Sidalcea pedata and
Thelypodium stenopetalum, State and Federal listed taxa, at this site.
Trichostema austromontanum ssp. compactum occurs only in a
wilderness area on State lands with little potential for Federal
involvement. Trails, signage, map notations, and references to the
habitat area have been removed by the State to reduce impacts to this
highly localized taxon. Designation of critical habitat would have
little benefit to this taxon and would not increase the commitment or
management efforts of the State. In fact, designation of critical
habitat would likely be quite detrimental to this taxon. Publishing
maps and descriptions of the exact locality identifies the site as a
unique area which would likely encourage hikers and horseback riders to
investigate the vernal pool, the very site that the State has attempted
to protect by removing such map references and descriptions.
Four of the eight known occurrences of Arenaria ursina are
completely on Federal lands, as are portions of the other four
occurrences. Eight of the 13 known occurrences of Castilleja cinerea
are on Federal lands, along with portions of another 4. Six of the
eight known occurrences of Eriogonum kennedyi var. austromontanum are
on Federal lands, while portions of two other occurrences are also on
Federal lands. Ten of the nearly 20 known occurrences of Taraxacum
californicum are on Federal lands as well as a portion of another. Nine
of the 18 known occurrences of Poa atropurpurea are on Federal lands
and portions of three other occurrences are also on Federal lands.
There would be no benefit from designating critical habitat for the
occurrences on FS (i.e. Federal) lands supporting the taxa noted above.
The FS is aware of the occurrences of this species on their lands. The
San Bernardino National Forest has developed a management plan for
pebble plain species including Arenaria ursina, Castilleja cinerea, and
Eriogonum kennedyi var. austromontanum. The FS actively conducts
management and monitoring activities that include these species and has
already fenced all of the larger pebble plain sites to protect them
from trespass, ORV use, and grazing. The two meadow taxa, Taraxacum
californicum and Poa atropurpurea are monitored to a lesser extent. The
San Bernardino National Forest consults with the Service under section
7 for activities related to other listed taxa in the area and would be
subject to similar requirements as a result of this listing.
Designation of critical habitat would not increase the commitment or
management efforts of the FS.
Section 7 of the Act requires that Federal agencies refrain from
contributing to the destruction or adverse modification of critical
habitat in any action authorized, funded or carried out by such agency
(agency action). This requirement is in addition to the section 7
prohibition against jeopardizing the continued existence of a listed
species, and it is the only mandatory legal consequence of a critical
habitat designation. Implementing regulations (50 CFR part 402.02)
define ``jeopardize the continuing existence of'' and ``destruction or
adverse modification of'' in very similar terms. To jeopardize the
continuing existence of a species means to engage in an action ``that
reasonably would be expected to reduce appreciably the likelihood of
both the survival and recovery of a listed species.'' Destruction or
adverse modification of habitat means an ``alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species.'' Common to both definitions is an
appreciable detrimental effect to both the survival and the recovery of
a listed species. In the case of adverse modification of critical
habitat, the survival and recovery of the species has been appreciably
diminished by reducing the value to the species' designated critical
habitat. An action resulting in adverse modification may also
jeopardize the continued existence of the species concerned. Given the
limited range of Trichostema austromontanum ssp. compactum to a single
vernal pool, adverse modification of the habitat would likely
constitute jeopardy for the taxon.
The Service acknowledges that critical habitat designation, in some
situations, may provide some value to the species by identifying areas
important for species conservation and calling attention to those areas
in special need of protection. Critical habitat designation of
unoccupied habitat may also benefit these species by alerting
permitting agencies to potential sites for reintroduction and allowing
them the opportunity to evaluate proposals that may affect these areas.
However, in this case, the existing sites of the listed taxa herein are
currently known by the FS and State agencies. If future management
actions include unoccupied habitat, any benefit provided by designation
of such habitat as critical will be accomplished more effectively and
efficiently with the current coordination processes.
Taking of plants is regulated by the Act only in cases of--(1)
removal and reduction to possession of federally listed plants from
lands under Federal jurisdiction, or their malicious damage or
destruction on such lands; and (2) removal, cutting, digging-up, or
damaging or destroying in knowing violation of any State law or
regulation,
[[Page 49020]]
including State criminal trespass law. Designation of critical habitat
provides no additional benefits beyond those that these taxa would
receive by virtue of their listing as endangered or threatened species
and likely would increase the degree of threat from vandalism,
collecting, or other human activities. Protection of Arenaria ursina,
Castilleja cinerea, Eriogonum kennedyi var. austromontanum, Taraxacum
californicum, Poa atropurpurea, and Trichostema austromontanum ssp.
compactum will be most effectively addressed through the recovery
process under section 4 and the consultation process under section 7 of
the Act, and the current interagency coordination processes.
Given all of the above considerations, the Service finds that
designation of critical habitat for these taxa is not prudent because
the minimal benefit of such designation would be far outweighed by the
increase of threats from vandalism, over-collection, or other human
activities. All Federal and State agencies and local planning agencies
involved have been notified of the location and importance of
protecting habitat for these species.
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
activities. Recognition through listing encourages public awareness and
results in conservation actions by Federal, State and local agencies,
private organizations and individuals. The Act provides for possible
land acquisition from willing sellers 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 requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(2) requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of the species or destroy or adversely modify its
critical habitat. If a Federal action may affect a listed species or
its critical habitat, the responsible Federal agency must enter into
formal consultation with the Service.
Federal agencies expected to have involvement with section 7
regarding these species include the FS (through its management
activities associated with, for example, grazing permits and ORV
activity), and the Corps and the Environmental Protection Agency
through their permit authority under section 404 of the Clean Water
Act. The Federal Housing Administration may be affected through funding
of housing loans where these species or their habitat occurs. The
Federal Highway Administration may be affected through potential
funding associated with compensation measures relating to future
highway construction affecting these species. The Federal Energy
Regulatory Commission may be involved through its permitting authority
for utility projects that might potentially affect these taxa.
Five of the six plant taxa considered in this rule are found on
lands managed by the FS. The FS provides a measure of protection for
all of these taxa. Most areas of the Bear Valley are closed to fuelwood
cutting (SBNF, in litt. 1995). The closure or relocation of some roads
associated with fuelwood cutting sites, as well as those that traverse
pebble plain sites (Odell 1988) offers some measure of protection for
the plant taxa. Most of the larger pebble plain sites, which support
Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var.
austromontanum, are protected by fencing to reduce or eliminate
incursions by vehicle and grazers/browsers. The FS monitors these
sites, records the type of fence damage and repairs the damage as soon
as possible. Completion of the implementation of the Big Bear Wild
Burro Management Plan will eliminate or significantly reduce impacts
from burro grazing, browsing, and trampling in most pebble plain and
meadow sites in the Big Bear Valley area, except Broom Flat.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR parts 17.61 (endangered plants) and 17.71
(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 the
species from areas under Federal jurisdiction. In addition, for plants
listed as endangered, the Act prohibits the malicious damage or
destruction on areas under Federal jurisdiction and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. Seeds from cultivated specimens of threatened
plants are exempt from these regulations provided that their containers
are marked ``Of Cultivated Origin.'' Certain exceptions to the
prohibitions apply to agents of the Service and State conservation
agencies.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to increase public understanding of the
prohibited acts that will apply under section 9 of the Act. Arenaria
ursina, Castilleja cinerea, Eriogonum kennedyi var. austromontanum, Poa
atropurpurea, and Taraxacum californicum are known to occur on Federal
lands under the jurisdiction of the FS. Collection, damage or
destruction of listed species on Federal lands is prohibited, except as
authorized under section 7 or section 10(a)(1)(A) of the Act. Such
activities on non-Federal lands would constitute a violation of section
9 of the Act if activities were conducted in knowing violation of
California State law or regulation, or in violation of California State
criminal trespass law.
The Service believes that, based upon the best available
information, the following actions will not result in a violation of
section 9, provided these activities are carried out in accordance with
existing regulations and permit requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., grazing management, agricultural conversions, wetland
and riparian habitat modification, flood and erosion control,
residential development, recreational trail development, road
construction, hazardous material containment and cleanup activities,
prescribed burns, pesticide/herbicide application, pipelines or utility
lines crossing suitable habitat,) when such activity is conducted in
accordance with any reasonable and prudent measures given by the
Service in a consultation conducted under section 7 of the Act;
(2) Casual, dispersed human activities on foot or horseback (e.g.,
bird watching, sightseeing, photography, camping, hiking);
(3) Activities on private lands that do not require Federal
authorization and do not involve Federal funding, such as grazing
management, agricultural conversions, flood and erosion control,
[[Page 49021]]
residential development, road construction, and pesticide/herbicide
application when consistent with label restrictions;
(4) Residential landscape maintenance, including the clearing of
vegetation around one's personal residence as a fire break.
The Service believes that the following might potentially result in
a violation of section 9; however, possible violations are not limited
to these actions alone:
(1) Unauthorized collecting of the species on Federal lands;
(2) Application of herbicides violating label restrictions;
(3) Interstate or foreign commerce and import/export without
previously obtaining an appropriate permit. Permits to conduct
activities are available for purposes of scientific research and
enhancement of propagation or survival of the species.
Intentional collection, damage, or destruction on non-Federal lands
may be a violation of State law or regulations or in violation of State
criminal trespass law and therefore a violation of section 9. The Act
and 50 CFR 17.62, 17.63, and 17.72 provide for the issuance of permits
to carry out otherwise prohibited activities involving endangered or
threatened plant species under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. None of the taxa are currently known to be in
commercial trade. Intrastate commerce (commerce within the State) is
not prohibited under the Act. However, interstate and foreign commerce
(sale or offering for sale across State or international boundaries)
requires a Federal endangered species permit.
The Act and 50 CFR 17.62 and 17.63 for endangered plants and 17.72
for threatened plants provide for the issuance of permits to carry out
otherwise prohibited activities involving endangered and threatened
plants under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits are also available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes of the Act. It is anticipated
that few permits would ever be sought or issued because none of these
species are common in cultivation or common in the wild.
Questions regarding whether specific activities would constitute
violations of section 9 should be directed to the Field Supervisor of
the Service's Carlsbad Field Office (see ADDRESSES section). Requests
for copies of the regulations concerning listed plants (50 CFR 17.61
and 17.71) and general inquiries regarding prohibitions and permits may
be addressed to the U.S. Fish and Wildlife Service, Ecological
Services, Endangered Species Permits, 911 N.E. 11th Avenue, Portland,
Oregon, 97232-4181 (telephone 503/231-2063; facsimile 503/231-6243).
National Environmental Policy Act
The Service has determined that Environmental Assessments or
Environmental Impact Statements, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared in
connection with regulations adopted pursuant to section 4(a) of the
Act. A notice outlining the Service's reasons for this determination
was published in the Federal Register on October 25, 1983 (48 FR
49244).
Paperwork Reduction Act
This rule does not contain any information collection requirements
for which the Office of Management and Budget (OMB) approval under the
Paperwork reduction Act, 44 U.S.C. 3501 et seq. is required. An
information collection related to the rule pertaining to permits for
endangered and threatened species has OMB approval and is assigned
clearance number 1018-0094. This rule does not alter that information
collection requirement. For additional information concerning permits
and associated requirements for threatened species, see 50 CFR 17.32.
References Cited
A complete list of all references cited herein is available upon
request from the Carlsbad Field Office (see ADDRESSES section).
Author. The primary authors of this document are Gary D. Wallace,
Ph.D., Carlsbad Field Office (see ADDRESSES section) and Edna Rey
Vizgirdas, Snake River Basin Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation 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. Amend Sec. 17.12(h) 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
* * * * * * *
Arenaria ursina.................. Bear Valley sandwort U.S.A.(CA)......... Caroyophyllaceae--P T 644 NA NA
ink.
* * * * * * *
Castilleja cinerea............... Ash-gray Indian U.S.A.(CA)......... Scrophulariaceae--F T 644 NA NA
paintbrush. igwort.
* * * * * * *
Eriogonum kennedyi var. Southern mountain U.S.A.(CA)......... Polygonaceae--Buckw T 644 NA NA
Austromontanum. wild buckwheat. heat.
[[Page 49022]]
* * * * * * *
Poa atropurpurea................. San Bernardino U.S.A.(CA)......... Poaceae--Grass..... E 644 NA NA
bluegrass.
* * * * * * *
Taraxacum californicum........... California taraxacum U.S.A.(CA)......... Asteraceae--Sunflow E 644 NA NA
er.
* * * * * * *
Trichostema austromontanum ssp. Hidden Lake U.S.A.(CA)......... Lamiaceae--Mint.... T 644 NA NA
compactum. bluecurls.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: September 1, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-24502 Filed 9-11-98; 8:45 am]
BILLING CODE 4310-55-P