[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