[Federal Register Volume 77, Number 172 (Wednesday, September 5, 2012)]
[Rules and Regulations]
[Pages 54434-54450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-21742]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R8-ES-2010-0049; 4500030113]
RIN 1018-AX89


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Arctostaphylos franciscana (Franciscan manzanita) 
Throughout Its Range

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
that Arctostaphylos franciscana (Franciscan manzanita) meets the 
definition of an endangered species under the Endangered Species Act of 
1973, as amended (Act). This final rule implements the Federal 
protections provided by the Act for this species. We are simultaneously 
publishing a proposed rule to designate critical habitat for 
Arctostaphylos franciscana in a separate Federal Register notice.

DATES: This rule becomes effective October 5, 2012.

ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov and at the Sacramento Fish and Wildlife Office. 
Comments and materials received, as well as supporting documentation 
used in the preparation of this rule, will be available for public 
inspection, by appointment, during normal business hours at: U.S. Fish 
and Wildlife Service, Sacramento Fish and Wildlife Office, 2800 
Cottage, Room W-2605, Sacramento, CA 95825; 916-414-6600 (telephone); 
916-414-6712 (facsimile).

FOR FURTHER INFORMATION CONTACT: Susan Moore, Field Supervisor, 
Sacramento Fish and Wildlife Office (see ADDRESSES section). If you use 
a telecommunications device for the deaf (TDD), call the Federal 
Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION:

Executive Summary

    Why we need to publish a rule. This is a final rule to list 
Arctostaphylos franciscana as an endangered species under the 
Endangered Species Act. Under the Act, if a species is determined to be 
an endangered or threatened species we are required to promptly publish 
in the Federal Register and make a determination on our proposal within 
one year. We were petitioned in 2010 to list A. franciscana as an 
endangered or threatened species. We determined in our 12-month finding 
that listing was warranted, and we proposed to list the species as an 
endangered species in September 2001. This final rule constitutes our 
final determination for this species as required by the Act.
    The basis for our action. Under the Endangered Species Act, we are 
required to determine whether a species is endangered or threatened 
because of any of the following factors: (A) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. We reviewed all available scientific 
and commercial information pertaining to these factors in our status 
review of the species and determined that the species was limited to 
one plant remaining in the wild. We proposed that the species was 
endangered due to threats in the five factors, as follows. The primary 
threat to Arctostaphylos franciscana is from the present or threatened 
destruction, modification, or curtailment of the species' habitat or 
range. All original occupied habitat of the species has been lost, and 
its current range has been reduced to a single location that supports a 
single A. franciscana plant. Furthermore, limited suitable habitat 
remains available to support a viable population of the species. The 
remaining plant is vulnerable to overcollection or damage if visitors 
harvest cuttings or seeds. Sudden oak death, which is caused by the 
pathogen Phytophthora cinnamomi, and infections caused by other 
Phytophthora species are serious threats to Arctostaphylos franciscana 
because only one plant occurs in the wild and the diseases are easily 
spread. Predation is an ongoing but lesser threat. Additional threats 
include climate change, altered fire regime, soil compaction from 
visitor use, vandalism, loss of genetic diversity, loss of pollinators, 
stochastic events, effects of small population size, and hybridization. 
In the proposed rule, we considered these threats to be significant and 
ongoing, but we did not find that we had sufficient information

[[Page 54435]]

to determine critical habitat at the time. In this final rule, we 
utilize public comments and peer review to inform our final 
determination, as required under the Act.
    Peer review and public comments. In this final rule, we present and 
respond to peer reviewer and public comments. We obtained peer reviews 
from knowledgeable individuals with the scientific expertise to review 
our technical assumptions, analysis, adherence to regulations, and 
whether or not we had used the best available information. These peer 
reviewers generally concurred with our methods and conclusions, and 
they provided additional information, clarifications, and suggestions 
to improve this final rule. In particular, peer reviewers provided 
information on the physical and biological features required by the 
species, and on locations of remnant natural habitat that retained 
these features, suggesting that proposal of critical habitat would be 
determinable and prudent. Accordingly, a proposed rule to designate 
critical habitat is being published concurrently with this final rule 
to list the species as endangered.

Background

    It is our intent to discuss only those topics directly relevant to 
the listing of Arctostaphylos franciscana under the Act (16 U.S.C. 1531 
et seq.) in this final rule. For further information on the species' 
biology and habitat, population abundance and trend, distribution, 
demographic features, habitat use and conditions, threats, and 
conservation measures, please see the September 8, 2011, proposed 
listing for the species (76 FR 55623) published in the Federal 
Register, or the Recovery Plan for Coastal Plants of the Northern San 
Francisco Peninsula (Service 2003). These documents are available from 
the Environmental Conservation Online System (ECOS) (http://ecos.fws.gov/ecos), the Sacramento Fish and Wildlife Office Web site 
(http://www.fws.gov/sacramento/), or from the Federal eRulemaking 
Portal (http://www.regulations.gov).

Prudency Determination

    In our proposed listing rule for Arctostaphylos franciscana (76 FR 
55623; September 8, 2011), we stated that we believed that critical 
habitat was not determinable at the time of the proposal due to a lack 
of knowledge of what physical or biological features were essential to 
the conservation of the species, or what other areas outside the site 
that is currently occupied may be essential for the conservation of the 
species. Subsequently, we requested information from the public during 
the public comment period and solicited information from peer reviewers 
on whether the determination of critical habitat was prudent and 
determinable. We also asked for information about the physical or 
biological features that are essential to the conservation of the 
species and what areas contained those features or were otherwise 
essential for the conservation of the species. Based on the information 
we received on the physical or biological features for A. franciscana, 
and information on areas otherwise essential for the species, we have 
determined that the designation of critical habitat is prudent and 
determinable. We are therefore proposing critical habitat elsewhere in 
today's Federal Register. For more information regarding our 
determination to designate critical habitat please see our response to 
comments below and the proposed rule to designate critical habitat for 
A. franciscana published in the Proposed Rules section of today's 
Federal Register.

Species Information

    Arctostaphylos franciscana is a low, spreading-to-ascending, 
evergreen shrub in the heath family (Ericaceae) that may reach 0.6 to 
0.9 meters (m) (2 to 3 feet (ft)) in height when mature (Chasse et al. 
2009, p. 5). Its leaves are about 1.5 to 2 centimeters (cm) (0.6 to 0.8 
inches (in)) long, are isofacial (have the same type of surface on both 
sides), and are oblanceolate (longer than they are wide and wider 
towards the tip) (Eastwood 1905, p. 201; Chasse et al. 2009, p. 39). 
Its mahogany brown fruits are about 6 to 8 millimeters (mm) (0.24 to 
0.32 in) wide, while its urn-shaped flowers measure about 5 to 7 mm 
(0.2 to 0.28 in) long (Wallace 1993, p. 552; Service 2003, p. 57).
    A closely related species, Arctostaphylos hookeri ssp. ravenii 
(Presidio or Raven's manzanita), which was federally listed as 
endangered on October 26, 1979 (44 FR 61909), looks similar but has a 
growth habit that is more prostrate, leaves that are more rounded, 
fruits that are smaller and less red in color, and flowers that are 
smaller and more spherical (Service 2003, pp. 55, 57). Arctostaphylos 
hookeri ssp. ravenii has recently undergone a taxonomic revision to A. 
montana ssp. ravenii, and we will be referring to the listed species by 
this name throughout this rule (see Genetics and Taxonomy section 
below). Another somewhat similar appearing species, though not as 
closely related, is A. uva-ursi (bearberry), which can be distinguished 
by its lack of isofacial leaves (Chasse et al. 2009, p. 39).
    In the wild, Arctostaphylos franciscana is an obligate-seeding 
species (it reproduces primarily from seed rather than from burls) 
(Vasey 2010, p. 1). Arctostaphylos (manzanita) species are members of 
the chaparral plant community, which have a variety of triggers for 
seed germination including heat, smoke, and light (Keeley 1987, p. 
434). Arctostaphylos species have germinated after being exposed to 
charate (ground charred wood) (Keeley 1987, pp. 435, 440), which 
suggests that fire or conditions that simulate fire stimulate 
germination of the seeds.
    Based on work with other species of Arctostaphylos, the 
establishment of successful populations of A. franciscana may require 
the presence of a pollinator community (primarily bumblebees (Bombus 
spp.) but also other insects), a fruit dispersal community (primarily 
rodents), and a mutually beneficial soil mycorrhizal fungi community 
(see Historical Distribution and Habitat below) (Parker 2011, p. 1). 
The seeds of Arctostaphylos are dispersed primarily by rodents that 
consume the fruits, but also by other mammals, including coyotes (Canis 
latrans) and foxes (T. Parker 2011, pers. comm.; Vasey 2011a, p. 1). 
Seed-eating animals such as coyotes, gray foxes (Urocyon 
cinereoargenteus), red foxes (Vulpes vulpes), raccoons (Procyon lotor), 
California quail (Callipepla californica), and rodents such as the 
California vole (Microtus californicus) are known to occur on the 
Presidio of San Francisco (Presidio), a unit of the National Park 
System, on the San Francisco peninsula where A. franciscana is found 
(National Park Service (NPS) 2012). Animals such as coyotes and foxes 
eat the Arctostaphylos fruit and may travel long distances before 
depositing their scat. Any undigested fruit left in the scat can then 
be harvested by rodents and either eaten or buried. Parker (2010b, p. 
1) found that 70 percent of the fruits buried by rodents were located 
deeper than 2 cm (0.78 in), which is the maximum soil depth at which 
seeds are typically killed by wildfire. Seed has been removed from the 
wild plant, and, although it has not been directly observed, California 
voles have been trapped near the wild plant and are likely responsible 
for the seed harvesting (Carlen 2012, p. 1; Estelle 2012d, p. 1).
Listed Entity Analysis
    The Arctostaphylos franciscana plants that exist in cultivation 
fall into three categories: (1) Cuttings and rooted specimens collected 
from the Laurel Hill Cemetery and transplanted to various managed 
botanical gardens in

[[Page 54436]]

San Francisco, Berkeley, and Claremont prior to 1947; (2) specimens 
currently propagated in greenhouses from cuttings and layers taken from 
the wild plant in 2010; and (3) specimens, some of which may be of 
unknown origin, sold in the nursery trade or transplanted into home 
gardens. We consider the single wild plant and plants identified in (1) 
and (2) above to be the listed entity under the Act. Our rationale for 
not including plants identified in item (3) above is outlined below.
    The Arctostaphylos franciscana plants found in botanical gardens 
may represent from one to six genetically distinct plants other than 
the single wild plant (Chasse et al. 2009, p. 7; Chasse 2011a, p. 1; 
Chasse 2011b, p. 1; Vasey 2011b, pp. 2, 3), and cuttings from those 
plants may contribute genetic material to efforts to expand the number 
of wild plants. The botanical garden plants are not considered part of 
the wild population and, therefore, are not considered in the 
assessment of species status, although they will be considered to be 
listed when this final rule becomes effective (see the DATES section 
above). The cuttings and layers collected from the wild plant currently 
propagated in greenhouses are being considered in the assessment of the 
species' status. These cuttings from the wild plant will be planted 
with A. franciscana specimens propagated in botanical gardens to 
establish additional populations of the species. We have concluded that 
the third category of plants, those cultivated for private or 
commercial uses, will not aid in the conservation or recovery of the 
species in the wild because some cultivated plants may be hybrids and 
bred for landscape use and thus offer minimal contribution to 
conservation.
Current Distribution
    In October 2009, an ecologist identified a plant growing in a 
concrete-bound median strip along Doyle Drive in the Presidio as 
Arctostaphylos franciscana (Chasse et al. 2009, pp. 3, 4; Gluesenkamp 
2010, p. 7). The plant's location was directly in the footprint of a 
roadway improvement project designed to upgrade the seismic and 
structural integrity of the south access to the Golden Gate Bridge 
(California Department of Transportation (Caltrans) et al. 2009, p. 1; 
Chasse et al. 2009, p. 10).
    Several agencies, including the Service, established a Memorandum 
of Agreement (MOA) and conservation plan for the species (see Previous 
Federal Actions section below) (Caltrans et al. 2009). The conservation 
partners concluded that leaving the plant undisturbed at its original 
site would compromise public safety and cultural resources by the 
potential curtailment or redesign of the roadway improvement project 
(Chasse et al. 2009, pp. 9, 10).
    The conservation plan evaluated potential translocation sites, 
established procedures for preparation of the new site and for the 
translocation itself, and called for management and monitoring (both 
short- and long-term) of the translocated plant, with the goal of 
eventually establishing self-sustaining populations of the species in 
the wild (Chasse et al. 2009, pp. 23-27, 29-30). Following 
recommendations in the conservation plan, the Arctostaphylos 
franciscana plant was moved successfully to a new site within the 
Presidio in January 2010. The Presidio site was chosen after careful 
consideration of its appropriate soil type and the management and 
monitoring capabilities of the NPS and the Presidio Trust. Subsequent 
monitoring reports indicate the translocated plant continues to do well 
at its new location (Yam 2010, pp. 1, 3-14; Young 2010a, p. 1; Young 
2012, p. 1).
Historical Distribution and Habitat
    Known historical occurrences and collections of Arctostaphylos 
franciscana are from serpentine maritime chaparral, a plant community 
dominated by Arctostaphylos and Ceanothus (California lilac) species, 
on the San Francisco peninsula. This area is part of a region that 
Willis Linn Jepson named the Franciscan Area, one of 10 areas he 
considered to have the highest concentration of endemic plant species 
in California (Jepson 1925, pp. 11-14). An endemic species is one that 
is native to, and restricted to, a particular geographical area. Native 
habitats on the San Francisco peninsula have been largely converted to 
urban areas of the City of San Francisco, and habitat that might have 
supported A. franciscana is now mostly lost to development or habitat 
conversion from the introduction of nonnative plant species (Chasse 
2010, p. 2; Gluesenkamp 2010, p. 7; Chasse 2011c, p. 1).
    Chasse (2009, pp. 6, 7) has noted that information on the plant 
community that historically included Arctostaphylos franciscana is 
largely missing from the literature. Early records describe the species 
as growing ``on rocky ground'' (Eastwood 1905, p. 202), on ``bare, 
stony bluff on Laurel Hill Cemetary [sic]'' (Brandegee 1908), and with 
coast live oak (Quercus agrifolia), coast blue blossom (Ceanothus 
thyrsiflorus), and coyote brush (Baccharis pilularis) (Wieslander 
1938). Arctostaphylos franciscana was also observed ``forming flat 
masses over serpentine outcroppings and humus-filled gravel and 
flopping down over the sides of gray and chrome rocks. Ericameria, 
Baccharis, Ferns, Buckwheats, and Golden Yarrow grow among it; and over 
it stand Toyons and Live Oaks.'' Additionally, A. montana ssp. ravenii 
was found at nearly all A. franciscana locations. These observations, 
along with the geology and climate of historical sites, indicate that 
the species' historical community likely consisted of a mosaic of 
coastal scrub, barren serpentine maritime chaparral, perennial 
grassland, and occasional woodlands of coast live oak and toyon shrubs 
and small trees (Chasse 2009, pp. 6, 7).
    Arctostaphylos franciscana is considered to be endemic to the San 
Francisco peninsula, and historically occurred in areas with serpentine 
soils, bedrock outcrops, greenstone, and mixed Franciscan rock, 
typically growing in mixed populations with A. montana ssp. ravenii 
(Service 2003, pp. 95, 96; Chasse et al. 2009, p. 6). The Doyle Drive 
A. franciscana site was comprised of disturbed soil over serpentinite 
(Chasse et al. 2009, p. 3). Serpentine soil restricts the growth of 
many plants due to its high nickel and magnesium concentrations, and 
thus tends to support unique plant communities (Brooks 1987, pp. 19, 
53; Service 2003, p. 16) because relatively few plant species can 
tolerate such soil conditions. These conditions generally result in 
semibarren soil and a lack of competing plants, which benefits 
serpentine-tolerant plants (Bakker 1984, p. 79) such as A. franciscana.
    The coastal upland habitat of Arctostaphylos franciscana is 
influenced by cool, humid conditions and frequent summer fog. Summer 
fog is important to upland coastal vegetation and partly determines the 
distribution of coastal species (Johnstone and Dawson 2010, p. 4533). 
Besides serpentine soil and cool air temperatures (Parker 2010c, p. 1), 
summer fog is one of the primary habitat requirements for A. 
franciscana (Vasey 2010, p. 1). Summer fog results from two phenomena 
upwelling of cold coastal ocean water and temperature inversion of hot 
air flowing toward the ocean over a cool humid marine air layer below 
(Johnstone and Dawson 2010, p. 4533; Vasey 2010, p. 1). Fog reduces 
sunlight and air temperature, and raises humidity. Summer fog provides 
a source of water for plants, including Arctostaphylos species, by 
condensing in the plant canopy and falling directly as water to the 
soil

[[Page 54437]]

where it is taken up by the plant's roots or directly by leaves 
(Johnstone and Dawson 2010, p. 4533; Vasey 2010, p. 1).
    Historically, the maritime serpentine chaparral plant community, of 
which Arctostaphylos franciscana is a part, may have been present in 
the southeastern portion of the San Francisco area (for example, 
Potrero Hill and Bayview Hill), but the cumulative effects of burning 
by native Americans, grazing during the Spanish/Mexican period, and 
later more grazing and firewood gathering during the U.S. military 
period may have converted the maritime chaparral to grassland or 
depauperate coastal scrub (Chasse 2010, p. 2). Prior to 1947, A. 
franciscana was known from three locations: the Masonic and Laurel Hill 
Cemeteries in San Francisco's Richmond District, and Mount Davidson in 
south-central San Francisco (Service 2003, pp. 16, 62, 95; Chasse et 
al. 2009, p. 4). Unconfirmed sightings were also noted at a possible 
fourth location near Laguna and Haight Streets (Chasse 2012, p. 1). By 
1947, the Masonic and Laurel Hill Cemetery sites were removed and the 
grounds were destroyed in preparation for commercial and urban 
development (Chasse et al. 2009, p. 7). The Mount Davidson and Laguna 
and Haight Streets locations were lost to urbanization as well. Until 
October 2009, A. franciscana had not been recorded in the wild since 
1947 (Chasse et al. 2009, pp. 3, 7), although no systematic surveys are 
known to have taken place to search for potential remaining individuals 
(Chasse 2010, p. 1).
Cultivated Arctostaphylos franciscana
    Between 1930 and 1947, prior to the loss of the wild plants, 
botanists collected cuttings and rooted specimens from confirmed wild 
Arctostaphylos franciscana plants, possibly representing between one 
and six distinct genotypes, and propagated them in botanical gardens 
(Chasse et al. 2009, p. 7; Chasse 2011a, p. 1; Chasse 2011b, p. 1; 
Service 2003, p. 96; Vasey 2011b, p. 2). The number of distinct 
genotypes depends on whether the botanical garden specimens were 
started from cuttings of the same individual (which would mean multiple 
plants have identical genotypes (genetic constitutions)), or whether 
each specimen originated from a separate plant (in which case they 
would have different genotypes) (Chasse 2011a, p. 1; Chasse 2011b, p. 
1; Vasey 2011b, pp. 2, 3).
    Modern collections of this plant at East Bay Regional Park 
District's Botanical Garden at Tilden Regional Park, San Francisco 
Botanical Garden (formerly known as Strybing Arboretum), Rancho Santa 
Ana Botanic Garden, Claremont, and University of California (UC) 
Berkeley Botanical Garden include some of the original specimens from 
Laurel Hill, as well as specimens propagated vegetatively after the 
species was thought to be extinct in the wild (Chasse et al. 2009, pp. 
6-8). Accession records for the botanical garden specimens indicate 
that some specimens collected and planted prior to 1947 did not survive 
and others are duplicates of original collections, leaving possibly 
only two specimens confirmed to have been original plants transplanted 
from Laurel Hill (Chasse 2011b, p. 1; Smisko 2012, p. 1). Further 
genetic work will verify whether plants with differing morphological 
features prove to be additional Arctostaphylos franciscana individuals. 
Although some of the botanical garden specimens may have different 
genotypes, which is generally the result of sexual reproduction 
(sprouting from seed) rather than clonal reproduction (vegetative 
reproduction from cuttings or plant parts other than seeds), all of the 
botanical garden specimens are considered to be A. franciscana until 
further genetic work can be conducted. The number of existing distinct 
genotypes cannot currently be determined because a suitable genetic 
sampling technique has not yet been developed (Chasse 2011a, p. 1).
    Under the conservation plan for the relocated wild plant, cuttings 
and rooted specimens from the wild plant are also being cultivated. 
Cuttings from the plant, both nonrooted stems and layering stems (stems 
that have rooted at their leaf nodes), were taken for vegetative 
propagation prior to translocation of the Arctostaphylos franciscana 
plant in January 2010 (Chasse et al. 2009, pp. 10-16, 40-42, Young 
2010a, p. 1). This material was distributed to seven locations, 
including UC Berkeley Botanic Garden, Regional Parks Botanic Garden, UC 
Santa Cruz Botanical Garden, San Francisco Botanical Garden, Cal Flora 
Nursery, Presidio Nursery, and the Presidio Trust Forester (Young 2011, 
p. 1 of attachment 2). As of February 2012, 351 clones continue to 
survive at these locations (Young 2012, p. 1). A total of 1,346 A. 
franciscana seeds were collected from the plant in 2009, before it was 
transplanted; an estimated 2,100 seeds were collected in July and 
August 2010; and 19 seeds were collected in 2011 (Frey 2010, p. 1; 
Young 2010a, p. 1; Young 2012, p. 1). The numbers of seeds collected 
are estimates based on weight of seed collected (Laskowski 2012, p. 1). 
No attempts have yet been made to germinate A. franciscana seeds (Young 
2012, p. 1). Two rooted A. franciscana cuttings were outplanted to 
managed sites at the UC Santa Cruz Arboretum in January 2011 (Kriegar 
2011, unpaginated). The conservation plan calls for eventual 
propagation of seeds (including any seeds collected from the soil 
around the plant's original location), and for genetic testing of 
resulting plants. Seeds fertilized in the wild could result from cross-
pollination from another individual Arctostaphylos franciscana or a 
closely related species to produce a genetically unique individual 
(Chasse et al. 2009, p. 13). Additionally, because the roots of most 
Arctostaphylos individuals establish a mutually beneficial association 
with mycorrhizal fungi in the soil, the conservation plan establishes 
means by which the soil for propagating cuttings and seeds should be 
inoculated with spores from such fungi (Chasse et al. 2009, p. 9). 
Propagation of A. franciscana seed and inoculation of seeds and 
cuttings by mycorrhizal fungi have not yet occurred. Soil surrounding 
the wild plant has been examined for presence of a seedbank, but no A. 
franciscana seeds have been found (Young 2011, p. 1; Young 2012, p. 1).
Genetics and Taxonomy
    At one time Arctostaphylos franciscana and A. montana ssp. ravenii 
were considered to be subspecies of A. hookeri (Hooker's manzanita). 
However, recent taxonomic revisions have established A. montana ssp. 
ravenii and A. franciscana as separate species. These revisions have 
been based primarily on genetic comparisons, including the fact that A. 
franciscana is diploid while A. montana ssp. ravenii is tetraploid 
(having four sets of chromosomes, 26 chromosome pairs) (Service 2003, 
p. 95; Parker et al. 2007, pp. 149, 150; Chasse et al. 2009, p. 6). The 
identification of the wild plant as A. franciscana has since been 
confirmed with 95 percent confidence based on morphological 
characteristics (Chasse et al. 2009, pp. 3, 4; Vasey and Parker 2010, 
pp. 1, 5). Additional tests indicate that the plant is diploid, 
consistent with A. franciscana (Vasey and Parker 2010, p. 6). Molecular 
genetic data also indicate that the plant is A. franciscana (Parker 
2010a). Based on the best available scientific information, we consider 
the individual found along Doyle Drive in October 2009 to be A. 
franciscana (Vasey and Parker 2010, pp. 1, 5-7).

[[Page 54438]]

Previous Federal Actions

    Arctostaphylos franciscana was originally proposed for listing as 
an endangered species under the Act in 1976 (41 FR 24524; June 16, 
1976). In 1980, it was included in the list of Category 1 candidates 
for listing as one of the taxa retaining a high priority for addition 
to the list, subject to confirmation of extant wild populations. At 
that time, the species was thought to be extinct in the wild, although 
it was known to be extant in cultivation (45 FR 82479; December 15, 
1980). It was included as a species of concern in the Recovery Plan for 
Coastal Plants of the Northern San Francisco Peninsula (Service 2003, 
pp. 95-96).
    On December 23, 2009, we received a petition dated December 14, 
2009, from Wild Equity Institute, Center for Biological Diversity, and 
California Native Plant Society requesting that Arctostaphylos 
franciscana be listed as endangered on an emergency basis under the Act 
and that critical habitat be designated. Included in the petition was 
supporting information regarding the species' taxonomy and ecology, 
historical and current distribution, present status, and actual and 
potential causes of decline. On January 26, 2010, we acknowledged the 
receipt of the petition in a letter to Wild Equity Institute. In that 
letter, we responded that we had reviewed the information presented in 
the petition and determined that issuing an emergency rule to 
temporarily list the species, under section 4(b)(7) of the Act, was not 
warranted. Our rationale for this determination was that, although only 
a single plant of this species remained in the wild, the individual had 
recently been transplanted to a new location on Federal land. 
Additionally, a conservation plan (Chasse et al. 2009, pp. 1-44) and 
associated MOA (cited herein as Caltrans et al. 2009) signed by five 
Federal and State wildlife and land management agencies (conservation 
partners) successfully addressed the concerns raised by the petition to 
the extent that none of those concerns constituted an ``emergency 
posing a significant risk to the well-being of the species'' (50 CFR 
424.20(a)). The Federal agencies participating in the MOA are the NPS 
and the Service. The State of California is represented by Caltrans and 
the California Department of Fish and Game (CDFG). The Presidio Trust, 
a wholly owned government corporation that jointly manages the Presidio 
with NPS, also participates (71 FR 10608; March 2, 2006).
    The transplanted plant is considered to be the single remaining 
plant in the wild, despite having been transplanted to the Presidio. 
The original habitat of the plant was threatened by the ongoing 
redevelopment of Doyle Drive, but that threat was removed by moving the 
plant to a new location (translocation). Potential immediate threats in 
the new location, including the danger that the plant might not survive 
the move and transplantation, were addressed by provisions in the 
conservation plan for collecting and propagating rooted clones, seeds, 
and cuttings from the original plant prior to translocation. The 
conservation plan provides for the long-term propagation, and eventual 
reestablishment in wild populations, of all remaining genetic lines, 
including those from the surviving wild plant and from the individuals 
located in two botanical gardens, which were collected from 
historically confirmed locations. It also includes long-term monitoring 
provisions. While these provisions do not remove the need for further 
review of the species' status, they appear to be effective for 
protecting the species in the short term.
    We published a 90-day finding in the Federal Register on August 10, 
2010 (75 FR 48294), in which we found that the petition presented 
substantial scientific or commercial information indicating that 
listing this species may be warranted. On June 14, 2011, Wild Equity 
Institute filed a complaint that alleged that, given our 90-day 
finding, the Service had failed to make the required 12-month finding 
on the petition in a timely manner. On September 8, 2011, we published 
a combined 12-month finding and proposed rule in the Federal Register 
in which we determined that listing Arctostaphylos franciscana was 
warranted, and, as a result, we proposed to list the species as 
endangered (76 FR 55623). We also stated that we did not find critical 
habitat to be determinable at that time, and requested information and 
comments on whether designation of critical habitat for the species was 
prudent and determinable.
    The Presidio is under joint management by the Golden Gate National 
Recreation Area (GGNRA), a part of NPS, and the Presidio Trust. The 
wild Arctostaphylos franciscana plant is located in the portion of the 
Presidio managed by the Presidio Trust. The plant is considered to be 
wild because it has been moved to an undeveloped area of the Presidio 
that is managed as natural habitat. Although the plant is currently 
receiving care (monitoring and insect removal) associated with its 
transplantation and recent infestation by insects, it is not receiving 
the level of protection, water, or nutrients given to the plants in 
botanical gardens or to those within the nursery trade.

Summary of Comments and Recommendations

    In the proposed rule published on September 8, 2011 (76 FR 55623), 
we requested that all interested parties submit written comments on the 
proposal by November 7, 2011. We also contacted appropriate Federal and 
State agencies, scientific experts and organizations, and other 
interested parties and invited them to comment on the proposal. A 
newspaper notice inviting general public comment for a period of 15 
days was published in the San Francisco Chronicle on June 5, 2012. A 
question and answer sheet and news release regarding the species was 
posted online on our Web site for the public. We did not receive any 
requests for a public hearing.
    During the comment periods for the proposed rule, we received eight 
comment letters directly addressing the proposed listing of 
Arctostaphylos franciscana as endangered. All public commenters 
supported listing the species as endangered. Three commenters supported 
designation of critical habitat and provided opinions on the value of 
critical habitat designation and the threats resulting from lack of 
this designation. One commenter opposed critical habitat designation. 
All substantive information provided during the comment periods has 
either been incorporated directly into this final determination or is 
addressed below.

Peer Review

    In accordance with our peer review policy published on July 1, 1994 
(59 FR 34270), we solicited expert opinion from five knowledgeable 
individuals with scientific expertise that included familiarity with 
Arctostaphylos franciscana and its habitat, biological needs, and 
threats. We received responses from four of the peer reviewers.
    We reviewed all comments received from the peer reviewers for 
substantive issues and new information regarding the listing and 
critical habitat of Arctostaphylos franciscana. The peer reviewers 
generally concurred with our methods and conclusions regarding listing 
and provided additional information, clarifications, and suggestions to 
improve the final rule; however, three reviewers disagreed with our 
comments that designation of critical habitat was not prudent or 
determinable, and they provided supporting information regarding 
critical habitat. The fourth peer reviewer

[[Page 54439]]

indicated that publicizing the location of the transplanted plant could 
increase the threat of infection by Phytophthora species. Additionally, 
this peer reviewer noted that the threat to A. franciscana was greater 
than stated in the proposed rule due to the presence of other species 
of Phytophthora in the San Francisco Bay area. Peer reviewer comments 
are addressed in the following summary and incorporated into the final 
listing rule as appropriate. A proposed rule to designate critical 
habitat for A. franciscana is published in the Proposed Rules section 
of today's Federal Register. Please see that proposed rule for 
information on submitting a comment on our proposed designation of 
critical habitat for A. franciscana.

Peer Reviewer Comments

    (1) Comment: All peer reviewers provided comments on conservation 
measures, recommendations for outplanting cuttings and selection of 
planting sites, and additional information on threats to the species 
from the five factors discussed below in Summary of Factors Affecting 
the Species.
    Our Response: Recommendations regarding outplanting and selection 
of planting sites have been reviewed for the proposed critical habitat 
and will be considered during the development of a recovery plan. All 
other appropriate information was incorporated into this final rule.
    (2) Comment: Three peer reviewers and three public commenters 
stated that designation of critical habitat is prudent and 
determinable.
    Our Response: Critical habitat is defined in section 3 of the Act 
as: (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features that are essential to 
the conservation of the species, and which may require special 
management considerations or protection; and (2) specific areas outside 
the geographical area occupied by the species at the time it is listed, 
upon a determination that such areas are essential for the conservation 
of the species. The peer reviewers provided information on the 
ecological requirements of Arctostaphylos franciscana and areas with 
the highest potential for establishing new populations. Based on this 
information, we have determined that the designation of critical 
habitat is prudent and determinable. All known remaining historic 
locations as well as the site of the transplanted wild plant have been 
evaluated, and the areas that have met our criteria to be included as 
proposed critical habitat have been identified. We are proposing to 
designate critical habitat for the species concurrently with this final 
rule. That proposal is published in the Proposed Rules section of 
today's Federal Register. Please see that proposed rule for information 
on submitting a comment on our proposed designation of critical habitat 
for A. franciscana.
    (3) Comment: Two peer reviewers disagreed with our statement that 
small sites on the order of 0.4 hectare (ha) (1 acre (ac)) may not be 
suitable for Arctostaphylos franciscana. One peer reviewer stated that 
while small sites may facilitate the growth of nonnative plant species, 
A. franciscana would be started from cuttings, not from seed, and 
management efforts could easily accommodate competition from nonnative 
plants, as established woody species are not easily displaced by weeds. 
The second peer reviewer noted that there are many natural occurrences 
of rare Arctostaphylos species existing in small, isolated remnants of 
habitat where soils and climate are suitable.
    Our Response: Some invasive plant species in the Presidio and in 
other San Francisco peninsula areas have been shown to be difficult to 
control. For example, on Mount Davidson, which previously supported a 
population of Arctostaphylos franciscana, invasive plant species, 
including Eucalyptus spp., invasive ivy, and other species, have 
largely displaced native vegetation on portions of the site. We agree 
that some rare species of Arctostaphylos have persisted on small 
parcels of suitable habitat; however, in order to maximize the 
potential of establishing multiple, successful populations of A. 
franciscana, selection of suitable sites that require the least amount 
of long-term maintenance and promise the greatest opportunity for 
growth is necessary. However, we will evaluate small sites during our 
process to designate critical habitat for the species.
    (4) Comment: Two peer reviewers questioned our statement under 
Factor A in the proposed rule that small, isolated areas of habitat can 
be drier than larger ones due to evaporation and lack of surrounding 
vegetation. One reviewer stated that this does not apply to small urban 
or near-urban sites because hard surfaces such as asphalt and cement 
provide additional runoff and available moisture in these areas.
    Our Response: Many of the remnant parcels of potential habitat on 
the peninsula are isolated and surrounded by urban development or 
nonnative landscaping rather than native vegetation. One of the general 
effects of this abrupt transition from natural habitat to urban 
landscape or hard surfaces is a change in the abundance and 
distribution of species in the natural habitat due to physical 
conditions near the edge (the edge effect). These conditions include 
desiccation and changes in wind and light. We agree with one peer 
reviewer's premise that hard surfaces such as rooftops, streets, and 
parking lots increase urban runoff; however, our understanding is that 
when rain or irrigation water falls on urban hard surfaces, it flows 
predominately into storm water control systems, including gutters and 
storm drains, and is carried away from urban areas rather than being 
absorbed into the soil and providing more moisture to plants.
    (5) Comment: We stated under Factor A that remaining areas of 
greenstone and serpentine habitat on the peninsula are frequently 0.4 
ha (1 ac) or less in size and may no longer be appropriate sites for 
re-establishment of Arctostaphylos franciscana due to fragmentation and 
loss of native plant diversity in the small remnant areas. One peer 
reviewer pointed out the loss of native diversity in existing stands of 
vegetation is not a relevant argument because new populations of A. 
franciscana would be newly created in the small sites.
    Our Response: We appreciate the reviewer's point and agree that if 
small remnant habitat areas were to support Arctostaphylos franciscana, 
it would be through restoration with newly assembled populations of the 
species, which could permit establishment of other naturally co-
occurring natives. However, we remain concerned that small sites may 
insufficiently support the pollinator, fruit-dispersal, and mycorrhizal 
communities that are thought to contribute to successful establishment 
of the species. We will be looking at all potential sites when 
selecting locations for outplanting.
    (6) Comment: One peer reviewer noted that the threat to 
Arctostaphylos franciscana from nonnative, root-rotting Phytophthora 
species is greater than noted under Factor C in the proposed rule. He 
noted that species of Phytophthora differ in their ecological 
requirements, such as optimum temperature range. Several species of 
Phytophthora have become established in a variety of San Francisco Bay 
area microclimates and could be introduced to the vicinity of A. 
franciscana. He also noted that other factors discussed under Factor E, 
including climate change, soil compaction, and low genetic diversity, 
have the potential to increase the risk to

[[Page 54440]]

the existing wild plant from P. cinnamomi and other Phytophthora 
species.
    Our Response: This information has been incorporated into this 
final rule. Please see Factor C discussion on threats to Arctostaphylos 
franciscana associated with disease below.
    (7) Comment: One peer reviewer noted that the general strategy to 
recover Arctostaphylos franciscana should be two-fold: (A) Identify 
other genotypes of A. franciscana that have been cultivated in 
botanical gardens and use their cuttings to propagate large numbers of 
plants for future outplantings in restored habitats, and (B) identify 
and secure sites for outplanting these clones and create as many 
populations within the historical range as feasible.
    Our Response: This information has been incorporated into this 
final rule where appropriate and will be considered during development 
of the proposed critical habitat and recovery actions for the species.
    (8) Comment: One peer reviewer noted that the potential risks of 
failure of small, restored populations are outweighed by benefits of 
having a large number of isolated populations within the range of 
Arctostaphylos franciscana. These populations would buffer the wild A. 
franciscana from the threats noted in this rule, including disease, 
disturbance, predation, and climate change. The peer reviewer further 
noted that having many scattered populations will optimize the 
potential for at least some populations to adjust to climate change.
    Our Response: We concur with this opinion and are considering this 
during our development of proposed critical habitat and recovery 
actions for the species.

Comments from States

    Section 4(i) of the Act states, ``the Secretary shall submit to the 
State agency a written justification for his failure to adopt 
regulations consistent with the agency's comments or petition.'' No 
comments were received from the State regarding the proposal to list 
Arctostaphylos franciscana as an endangered species.

Federal Agency Comments

    No comments were received from any Federal agencies.

Public Comments

    (9) Comment: All seven commenters noted that the species should be 
listed and protected in the wild because only one plant is known to 
exist.
    Our Response: Comments noted.
    (10) Comment: One commenter noted that not all nursery stock of 
Arctostaphylos franciscana is of unknown origin. The commenter stated 
that UC Berkeley Arboretum and Yerba Buena Nursery sell plants of known 
origin. Plants from Yerba Buena Nursery have been planted in Golden 
Gate Park Arboretum, which validates their legitimacy. The commenter 
further stated that specimens from verified sources are a vital 
repository and should not be disregarded.
    Our Response: The UC Berkeley Botanical Garden does not sell 
Arctostaphylos franciscana plants; however, their stock was originally 
from the Laurel Hill Cemetery and may have been the source for plants 
sold by California Native Plant Society (Forbes 2012, p. 1). We agree 
that some A. franciscana plants in the nursery trade originated from 
plants salvaged from the Laurel Hill Cemetery prior to its destruction 
in 1947; however, it is difficult to trace the lineage of all nursery 
plants in the intervening 65 years. Some currently available, nursery-
grown A. franciscana plants could be cultivars selected for specific 
growth characteristics, and others could be the product of hybrid seed. 
Plants from Yerba Buena Nursery that were planted at Golden Gate Park 
Arboretum, now known as the San Francisco Botanic Garden, are believed 
to be A. franciscana (D. Mahoney 2012, pers. comm.). We encourage the 
use of plants that are proven to be A. franciscana to generate stock 
for additional populations of A. franciscana. However, introgression 
(the spread of genes of one species into the gene pool of another by 
hybridization) could occur if hybrid nursery stock is outplanted near 
the wild plant and cross-fertilization occurs. Because of the 
uncertainty of the origin or subsequent hybridization, we currently 
only consider the plants of confirmed origin at East Bay Regional Parks 
Botanic Garden at Tilden Regional Park and at UC Botanical Garden at 
Berkeley, and the wild plant on the Presidio to be A. franciscana and 
the listed entity.
    (11) Comment: One commenter noted that there is no apparent 
incentive for anyone to poach or vandalize plants in natural settings 
that are available in the nursery trade.
    Our Response: Plants have been vandalized in Golden Gate Park, 
including species that are also available in nurseries such as elm and 
sycamore trees, and rose bushes (King 2010, unpaginated; Gordon 2010, 
unpaginated). The fact that a plant is available in the nursery trade 
does not protect it from being vandalized or poached.
    (12) Comment: A commenter noted that leaving the nursery trade 
specimens of Arctostaphylos franciscana unlisted may result in 
introgression. The commenter suggests that including nursery stock in 
the listed entity will help to regulate this threat.
    Our Response: Arctostaphylos franciscana has been available to the 
public in the nursery trade for many years, and introgression of this 
species with other manzanitas may have already occurred. Including A. 
franciscana nursery stock as part of the listed entity will have no 
effect on controlling hybridization of these plants. Only the removal 
of A. franciscana from nursery production could minimize its 
hybridization with other species of Arctostaphylos while in the nursery 
setting.
    (13) Comment: A commenter noted that if the Arctostaphylos 
franciscana plants in the nursery trade are not considered to be the 
listed species, they should be protected under the similarity of 
appearance provisions of the Act.
    Our Response: We acknowledge that similarity of appearance is a 
tool available to us under the Act. Section 4(e) of the Act states that 
the Secretary may treat any species as an endangered species or 
threatened species even though it is not listed pursuant to section 4 
of the Act if he finds that: (1) Such species so closely resembles in 
appearance, at the point in question, a species which has been listed 
that enforcement personnel would have substantial difficulty in 
attempting to differentiate between the listed and unlisted species; 
(2) the effect of this substantial difficulty is an additional threat 
to an endangered or threatened species; and (3) such treatment of an 
unlisted species will substantially facilitate the enforcement and 
further the policy of the Act. It should be noted, however, that the 
basic intent of section 4(e) of the Act is to prevent the inadvertent 
harm to the listed species in the wild resulting from its similarity to 
a different species that is not protected by the Act. The 
Arctostaphylos franciscana plants in the nursery trade do not need the 
protection of the Act, and including them in this listing under section 
4(e) will provide no or minimal benefit to the wild specimen or any 
future outplantings of the listed entity. Similarity of appearance 
protections can be effective in situations where collection of a 
species is highly desirable (such as for insects or butterflies) and 
such collection is the primary threat or a threat of such an extent 
that not including the similar

[[Page 54441]]

species with the listed entity would greatly affect the listed species' 
status. Although collection of the remaining wild plant and any future 
outplantings is a potential threat, no known collection has occurred to 
date, and we would not consider this threat to be of such a high level 
as to greatly affect the species' status. As a result, we have 
determined that treating A. franciscana plants in the nursery trade as 
endangered under section 4(e) of the Act would not substantially 
facilitate enforcement or the policy of the Act, and the Secretary is 
not invoking section 4(e) of the Act for A. franciscana.
    (14) Comment: One commenter disagreed with information we reported, 
which indicated that lands in Area B of the Presidio, which are managed 
by the Presidio Trust, could be dispersed to the private sector and 
become available for development if the Presidio Trust is not 
financially self-sufficient by 2013. Further, the commenter does not 
agree that differences in the missions of the Presidio Trust and NPS 
would cause uncertainty in the future management of the Arctostaphylos 
franciscana and its habitat.
    Our Response: The Presidio Trust Act of 1996 states in section 
105(b) that the Presidio Trust must be self-sufficient within 15 
complete fiscal years of the first meeting of the Presidio Board of 
Directors, thereby requiring that the Trust be self-sufficient by 2013 
(Presidio Trust Act, p. 9; Presidio Trust Management Plan 2002, p. 1). 
Because this timeframe extends into the future, there is no assurance 
that this goal will be met. The Presidio Trust, as stated in the 
Presidio Trust Management Plan (2002, pp. 1, 12), is directed to 
preserve natural, scenic, cultural, and recreation resources, and at 
the same time ensure that the Presidio becomes financially self-
sufficient. Again, as stated in the Presidio Trust Management Plan 
(2002, pp. 1, 12), ``Congress gave the Trust the authority to lease 
property and generate revenues, and required the Presidio to be 
financially self-sufficient by 2013. Once appropriations cease, the 
Trust must use the park's building assets to fund its rehabilitation 
and to pay for its ongoing operation. No other area within the National 
Park System is managed in the same way or operates under the same 
financial requirement.'' The mission of NPS on the Presidio, as stated 
in the Golden Gate National Recreation Area Addition Act of 1992 (16 
U.S.C. 460bb), while similar to the Presidio Trust Act in protecting 
values and resources, does not include the mandate that the public 
lands under NPS authority become financially self-sufficient.
    (15) Comment: One commenter stated that there are no remaining 
landfill remediation sites on the Presidio that have the potential to 
impact Arctostaphylos franciscana, and that all waste material has been 
removed from the landfill remediation site closest to where the wild 
plant is located. The commenter noted that this work was completed 
without impacts to A. franciscana and asked that we delete the text 
under Factor A that refers to the Presidio Environmental Remediation 
Program.
    Our Response: Remediation of the landfill site closest to the 
Arctostaphylos franciscana on the Presidio is being completed without 
apparent impact to the wild plant, and no further remediation projects 
are located within the vicinity of the plant. Remediation of this 
landfill site has been deleted as a current threat from the Factor A 
discussion.
    (16) Comment: A commenter noted that under Factor E we stated that 
the Arctostaphylos franciscana plant is located near an area available 
for public events and threatened by foot traffic. The commenter stated 
that this area is available one afternoon per week for wedding 
ceremonies and does not present a threat to the plant, and requested 
that reference to this event space be removed as a threat.
    Our Response: As stated in the proposed rule, the Presidio is a 
highly popular, easily accessible National Park contiguous with the 
City of San Francisco, which receives 5 million visitors each year. The 
public area described in the proposed rule, which is available for 
public events, provides views of the San Francisco Bay and the City of 
San Francisco, and attracts a large number of visitors year round. The 
best information available to us indicates that the public has 
unrestricted access to this area 24 hours a day, every day of the year; 
therefore, this site may be a different location than that referred to 
by the commenter. Additionally, the Arctostaphylos franciscana plant 
has been located near common-use trails with unrestricted access. 
Because of its proximity to these heavily used areas, the plant could 
be damaged accidentally or intentionally by park users. The Presidio 
Trust and NPS are concerned that authorized and unauthorized group 
tours by plant enthusiasts could overwhelm the plant and compact the 
soil (T. Thomas, pers. comm., 2011).
    (17) Comment: One public commenter stated that designation of 
critical habitat is not prudent or determinable for the reasons stated 
in the proposed rule.
    Our Response: As noted in our response to comment 2, the peer 
reviewers provided information on the ecological requirements of 
Arctostaphylos franciscana and areas with the highest potential for 
establishing new populations. Based on this information, we have 
determined that the designation of critical habitat is prudent and 
determinable. As a result, a proposed rule to designate critical 
habitat for A. franciscana is published in the Proposed Rules section 
of today's Federal Register. Please see that proposed rule for 
information on submitting a comment on our proposed designation of 
critical habitat for A. franciscana.

Summary of Changes From Proposed Rule

    Based on peer review and public comments (see comments 1, 6, 7, and 
15 in the Summary of Comments and Recommendations section above), and 
monitoring of the wild plant, we have added new information in the 
Species Information section and additional threats information in the 
Summary of Factors Affecting the Species section to better characterize 
our knowledge of the species' habitat requirements and threats. After 
input from peer reviewers and public comment, we have determined that 
the designation of critical habitat is prudent and determinable, and we 
are proposing to designate critical habitat, as described in a separate 
proposed critical habitat rule in today's Federal Register.

Summary of Factors Affecting the Species

    Section 4 of the Act and its implementing regulations (50 CFR part 
424) set forth the procedures for adding species to the Federal Lists 
of Endangered and Threatened Wildlife and Plants. A species may be 
determined to be an endangered or threatened species due to one or more 
of the five factors described in section 4(a)(1) of the Act: (A) The 
present or threatened destruction, modification, or curtailment of its 
habitat or range; (B) overutilization for commercial, recreational, 
scientific, or educational purposes; (C) disease or predation; (D) the 
inadequacy of existing regulatory mechanisms; or (E) other natural or 
manmade factors affecting its continued existence. Listing actions may 
be warranted based on any of the above threat factors, singly or in 
combination. Each of these factors is discussed below.

[[Page 54442]]

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

    All areas of habitat originally known to be occupied by 
Arctostaphylos franciscana have been lost to urban development or to 
habitat conversion through the introduction of nonnative plant species 
(Chasse et al. 2009, pp. 4, 7; Chasse 2011c, p. 1). The largest 
historical occurrence was at the quarry area of the former Laurel Hill 
Cemetery in San Francisco (Chasse 2011c, p. 1). Most of this area was 
converted to residential housing and city streets after the late 1940s. 
A small remaining area of open space at Laurel Hill is dominated by 
ornamental shrubs and invasive understory plants, although serpentine 
rock is visible in several openings (Chasse 2011c, p. 1). Lawns, 
pathways, and buildings, part of the University of San Francisco 
campus, now occupy the location of the Masonic Cemetery occurrence 
(Chasse 2011c, p. 2). The precise location of the third historical 
occurrence of A. franciscana, at Mount Davidson, is unknown but thought 
to be on one of the greenstone outcrops (Chasse 2011c, p. 2). The upper 
portions of Mount Davidson are covered with nonnative trees and 
invasive understory species; some grassland and scrub persist on the 
south and northeast sides (Chasse 2011c, p. 2). The species' range is 
now limited to the single transplanted location on the Presidio. In 
January 2010, after the newly discovered wild plant was moved to the 
Presidio, the plant's habitat at Doyle Drive was destroyed as part of a 
Caltrans highway improvement project.
    Past urban development on the San Francisco peninsula has limited 
the remaining areas of potential habitat for Arctostaphylos franciscana 
by habitat conversion and habitat degradation and, to a lesser degree, 
habitat fragmentation. Some of these small remnant areas may no longer 
be suitable for reestablishment of A. franciscana due to factors such 
as dominance by other plant species (Chasse pers. comm., 2011). 
Currently, these small, isolated parcels are subject to edge effects, 
such as changes in soil moisture, changes in light, and potential 
increased invasion of weed species that would compete with A. 
franciscana for limited resources (water, nutrients, space).
    Urban barriers, such as streets and buildings, have been found to 
impose a high degree of isolation on chaparral species and, over time, 
to result in decreased numbers of native plant species and concurrent 
increased numbers of nonnative plant species in the habitat fragments 
(Alberts et al. (unpubl.) as cited in Soule et al. 1992, p. 41; Soule 
et al. 1992, pp. 41-43). These effects of urbanization on the San 
Francisco peninsula are expected to continue to affect these remnant 
parcels into the future, and to pose a threat to the establishment of 
additional Arctostaphylos franciscana plants, without assistance to 
restore suitable habitat conditions and to restore plants to suitable 
locations.
    Additionally, nitrogen deposition may modify habitat by increasing 
soil nutrients, thus posing a current and continuing threat to remnant 
habitat that might otherwise be suitable for Arctostaphylos 
franciscana. Weiss and Luth (2003, p. 1) have conducted research on the 
effects of nitrogen deposition in a serpentine grassland south of the 
San Franciscan peninsula. They found that nitrogen deposition from 
automobiles on Highway 280 (a north-south oriented highway on the 
peninsula) was responsible for higher nitrogen levels in the soil 
within 400 m (1,312 ft) on the west side and 100 m (328 ft) on the east 
side of the roadway. Nitrogen deposition was correlated with increased 
nonnative grass cover in these areas, resulting in competition for 
space for native plants. Native species within this zone are thought to 
be at long-term risk from invasions of nitrogen-loving grasses and 
other weedy plant species (Weiss and Luth 2003, p. 1). An increase in 
nonnative grass cover through changed habitat conditions could threaten 
the wild A. franciscana by competing for soil moisture and nutrients 
and could inhibit successful germination of A. franciscana seed. The 
entire northern San Francisco peninsula, with the exception of the 
Presidio and Golden Gate Park, has been urbanized, and four major 
highways (Highways 1, 101, 280, and 480) and other urban roadways 
dissect the peninsula. Urban areas and roadways are a continuous source 
of nitrogen deposition from automobiles, trucks, and industrial and 
home heating (Weiss 1999, p. 1477). Invasions of nitrogen-loving plants 
into nitrogen-limited grasslands and shrublands appears to be a common 
response to atmospheric nitrogen deposition (Weiss and Luth 2003, p. 
1), and may partly explain why the ecosystem that existed on the San 
Francisco peninsula has been so altered.
    The one remaining wild Arctostaphylos franciscana plant is subject 
to multiple threats. The Presidio Trust Act contains a sunset clause 
that could result in the transfer of Presidio holdings to the General 
Services Administration (GSA) for disbursement if the Presidio Trust 
operations are not self-sufficient by 2013 (the Presidio Trust Act is 
discussed under Factor D below). In the unlikely event that the 
Presidio Trust is not self-sufficient within that timeframe, the 
potential that lands could be transferred and become available for 
development presents a threat of additional habitat loss in the future.
    Based on the best scientific and commercial information available, 
we consider the present or threatened destruction, modification, or 
curtailment of the species' habitat or range to be a high-magnitude and 
ongoing threat to the wild population of Arctostaphylos franciscana. 
The current fragmented and degraded condition of most remaining 
serpentine or greenstone soil habitat on the San Francisco peninsula 
threatens the ability of Arctostaphylos franciscana to expand its 
range. The threats of possible development and change in management of 
the habitat may further limit the species' propagation and expansion, 
and could potentially threaten the only remaining wild plant. The loss 
of the plant's native serpentine chaparral habitat to development and 
the curtailment of its range restrict the species' current and future 
ability to naturally reproduce and expand its range.

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

    Overutilization of Arctostaphylos franciscana is possible due to 
its popularity for landscape use, as evidenced by the widespread use of 
cultivars of this species in the commercial nursery trade. 
Arctostaphylos franciscana is specifically recommended for use in 
erosion control on steep slopes (Theodore Payne Foundation 2009, p. 1; 
Sierra Club 2011, p. 1).
    The attention and media coverage generated by the discovery of a 
species thought to be extirpated from the wild may result in efforts by 
the public to visit the plant and possibly collect cuttings or seed. 
Although the location of the transplanted plant has not been disclosed, 
it was planted in a heavily used area in the Presidio, near common-use 
trails with unrestricted access by the public. The Presidio is a 
National Park and is part of the GGNRA; it is open to the public 24 
hours a day, every day of the week and receives 5 million visitors 
annually. The Presidio receives heavy use because of its proximity to 
the City of San Francisco, and because the National Park has no 
entrance fees and contains restaurants, trails, and businesses that can 
be accessed by car, foot, or public transport. The Presidio

[[Page 54443]]

Trust and NPS are making serious efforts to avoid disclosing the 
location of the translocated plant. The Presidio Trust and NPS are 
concerned that public knowledge of the plant's location would lead to 
authorized and unauthorized group tours by plant enthusiasts (T. 
Thomas, pers. comm., 2011).
    No damage to the plant has been observed to date; however, 
trampling or the taking of cuttings could occur if the identification 
and location of the plant becomes known. Similarly, another extremely 
rare plant, Arctostaphylos montana ssp. ravenii, is also located on the 
Presidio. Although it was federally listed in 1979, its location has 
not been revealed to the public by the Presidio Trust or NPS in order 
to protect the plant from vandalism. There has been no evidence of 
cuttings being taken from A. franciscana or the similar A. montana ssp. 
ravenii (Chasse 2011c, p. 3); however, the fact that the sole remaining 
wild A. franciscana is located in a heavily used public area subjects 
this species to the threat of collection.
    Based on the best scientific and commercial information available, 
we consider overutilization for commercial and recreational purposes to 
be a threat to the wild Arctostaphylos franciscana plant. Although 
nursery-grown A. franciscana are available to residents for use in 
private gardens, collection of the wild plant is a threat to the 
species, and we expect it may be a threat in the future, particularly 
if the location of the plant becomes known to the public.

C. Disease or Predation

Disease
    Transplantation of the single wild Arctostaphylos franciscana plant 
may have caused stress to the plant, and thereby made it more 
susceptible to predation and disease. In transplanted plants, stress 
and root damage may occur from a variety of factors, including soil 
compaction from foot traffic around the plant (Hammitt and Cole 1998, 
p. 52), too little or too much water, and improper planting depth; 
these stressors may result in increased susceptibility to disease (see 
further discussion in Visitor Use section below). A fungal infection 
called twig blight, usually caused by Botryosphaeria species in 
Arctostaphylos, is also a potential concern, particularly during wet 
years (Service 2003, p. 69). Twig blight was observed in the wild plant 
during the winter of 2009-2010, but it subsided during the dry summer 
months (Chasse 2010, p. 2). These fungi can cause both twig blighting 
and perennial branch cankers that can eventually kill large branches 
(Swiecki 2011, p. 1). While these pathogens would not likely pose a 
serious threat to a large population, they could threaten A. 
franciscana because the wild population is limited to a single plant, 
and infection by this group of fungi is one of the major factors 
leading to the decline of older Arctostaphylos sp. plants (Swiecki 
2011, p. 1). Additionally, cankers caused by Botryosphaeria are more 
severe in plants that are stressed by lack of water. The transplanted 
plant may have experienced water stress due to loss of roots during the 
transplanting process (Swiecki 2011, p. 1).
    Arctostaphylos franciscana is also threatened by various pathogens 
in the genus Phytophthora. An oak tree infected with sudden oak death 
disease was discovered on the Presidio in 2010 (Fimrite 2011). Sudden 
oak death is caused by Phytophthora ramorum. Phytophthora is a fungus-
like organism most closely related to diatoms and kelp (Kingdom 
Stramenopila) rather than to the true fungi (Kingdom Fungi or 
Eumycota). Phytophthora ramorum has so far been observed to cause only 
a foliar blight in species of Arctostaphylos, rather than the lethal 
bark cankers that occur on members of the black oak group (Swiecki 
2012a, p. 1). However, a related species, P. cinnamomi has presented a 
serious threat to other Arctostaphylos species and is expected to be a 
serious threat to A. franciscana. Phytophthora cinnamomi, a soil-borne 
pathogen, has long been known as a world-wide threat to commercial and 
ornamental plants. It is an introduced exotic pathogen in North 
America; its native range is unknown, but is suspected to be southeast 
Asia. Human-related activities, including the international plant 
trade, have facilitated the spread of P. cinnamomi into many habitats 
worldwide (Swiecki et al. in press, p. 3). Phytophthora cinnamomi was 
introduced to California early in the 20th century, and recently has 
been identified as a serious threat to the State's native plants and 
their habitats (Swiecki et al. in press, p. 3).
    Phytophthora cinnamomi has been the cause of the decline and death 
of rare Arctostaphylos species, including the federally threatened A. 
pallida (pallid manzanita) in the Oakland Hills of the East San 
Francisco Bay region and the federally threatened A. myrtifolia (Ione 
manzanita) near Ione in the Sierra Nevada foothills of Amador County. 
The pathogen is also noted in the decline of other woody native species 
in the San Francisco Bay area (Swiecki et al. in press, pp. 3-5). The 
organism causes root decay but can also kill above-ground portions of 
some plants (Swiecki et al. in press, p. 3). Phytophthora cinnamomi is 
persistent in soil, and once introduced to native habitat it cannot be 
eradicated (Swiecki et al. in press, p. 3). Phytophthora cinnamomi is 
transmitted by contaminated shoes, tools, and infested soil clinging to 
tires, and by contaminated nursery stock, including native plant stock. 
Many areas showing plant mortality caused by P. cinnamomi are 
associated with hiking trails, landscapes with ornamental plants, and, 
in one case at the Apricum Hill Preserve in Amador County, California, 
use by visitors, including researchers, agency personnel, students, and 
the general public (Swiecki et al. in press, p. 4).
    Phytophthora cinnamomi poses a significant current and future 
threat to Arctostaphylos franciscana because of the potential for 
infestation caused by the public and staff who regularly work with the 
plant. It is not possible to predict if or when the pathogen might 
infect the wild plant because the disease is generally transmitted 
directly or indirectly by humans or human activity. The pathogen could 
be introduced from soil on contaminated shoes and tools, or from 
cuttings of A. franciscana plants currently grown in a number of San 
Francisco Bay area nurseries that could become contaminated. Swiecki et 
al. (in press, p. 6) tested A. menziesii plants purchased from four 
nurseries and found them to be infested with four Phytophthora species 
that cause root infections or stem cankers, including P. cinnamomi. 
Crown rot, which is caused by P. cinnamomi, is known to occur in A. 
myrtifolia and A. viscida (Swiecki et al. in press, p. 3), and is a 
concern when outplanting nursery-grown plants to wild locations (Chasse 
et al. 2009, p. 17). However, crown rot has not been observed in the 
wild A. franciscana plant (Chasse 2010, p. 2).
    Conservation proposals include recommendations that Arctostaphylos 
franciscana cuttings be planted with the transplanted A. franciscana to 
facilitate cross-pollination of the different genotypes. Should the 
wild plant become contaminated with P. cinnamomi, the result would be 
the decline and death of the wild plant and permanent contamination of 
the soil and seedbank beneath the plant. Any seedlings that germinate 
from this seedbank would also very likely be contaminated and not 
survive. Any cuttings that become contaminated are also expected to die 
of the pathogen. The Golden Gate National Parks Conservancy Nurseries 
staff in charge of propagation and care of A. franciscana

[[Page 54444]]

cuttings are aware of the threat of contamination and rigorously follow 
clean procedures to prevent infection to the cuttings or the wild 
plant; however, a risk of contamination continues to exist because 
current fungicides do not eradicate 100 percent of Phytophthora spores 
(Young 2010b, p. 1). The cuttings and layers from the single wild plant 
have been dispersed to seven different locations and growers, which, 
while decreasing the risk of complete loss of plant material, also 
increases the risk of exposure to disease.
    Phytophthora cinnamomi is not the only introduced soil-borne 
Phytophthora species that may threaten Arctostaphylos franciscana. 
Swiecki (2011, p. 1; 2012b, p. 1) notes that at least five other 
species of Phytophthora associated with the decline and death of woody 
plants have been found in the Crystal Springs watershed 27 to 40 
kilometers (km) (17 to 25 miles (mi)) south of the Presidio. These 
nonnative Phytophthora species include P. cambivora, P. cactorum, and 
P. megasperma; all are known to occur in natural and cultivated 
landscapes and are common in nursery stock (Swiecki 2011, p. 1). 
Phytophthora cinnamomi and P. cambivora have been detected in China 
Camp State Park, 22.4 km (14 mi) north of the Presidio, and P. 
cinnamomi has been found in the East Bay area 24 km (15 mi) east of the 
Presidio. Because several of these soil-borne pathogens have become 
established in the San Francisco Bay area, the likelihood is increased 
that one or more could be introduced to the vicinity of the wild 
Arctostaphylos franciscana plant (Swiecki 2011, p. 1).
Predation
    After being transplanted, the wild plant became severely infested 
with the larvae of a native leaf roller moth (Argyrotaenia franciscana) 
(Estelle 2010, p. 1). Treatment for the infestation was hand removal of 
the larvae and all infected leaves, which resulted in the removal of 
some of the new growth on the plant (Estelle 2010, p. 1; Young 2010a, 
p. 1). A parasitic wasp emerged from one captured leaf roller moth 
larva, indicating that the moth has natural enemies (Frey 2010, p. 2). 
The moth has not been known to kill plants and does not appear to be a 
serious threat at this time; however, the moth species was found to 
have five overlapping generations in a year (Estelle 2010, p. 1). 
Monthly removal of moth larvae and pupae is conducted as needed 
(Estelle 2012a, p. 1). The leaf roller moth infestation in early 2010 
did not permanently damage the plant, and new growth was observed (Frey 
2010, p. 2). Fewer leaf roller moth larvae were seen on the wild plant 
in 2011 than in 2010 (Estelle 2012a, p. 1).
    Damage to Arctostaphylos franciscana branches by California voles 
has been observed by Presidio Trust staff (Chasse 2011c, p. 2). Several 
voles have been observed in and around the wild A. franciscana plant, 
and some branch dieback has been attributed to gnawing by voles and 
other rodents (Chasse 2011c, p. 2).
    Based on the best scientific and commercial information available 
we consider the effects from disease and predation to be a threat to 
Arctostaphylos franciscana. Infection of the plant by Phytophthora 
cinnamomi or other Phytophthora species has been determined to be a 
serious threat to A. franciscana because only one plant occurs in the 
wild, the disease is easily and quickly spread by multiple vectors, and 
at least six species of Phytophthora are known to be present in the 
vicinity of the San Francisco peninsula. Additionally, we consider 
predation to be a relatively minor but ongoing threat to the wild 
population of the species. Although the leaf roller moth has not been 
known to kill Arctostaphylos species, the moth produces five 
overlapping generations per year and severely damaged the leaves in 
2010. Predation on branches by California voles has occurred and is 
also relatively minor but ongoing threat.

D. The Inadequacy of Existing Regulatory Mechanisms

    Regulatory mechanisms protecting Arctostaphylos franciscana derive 
primarily from the location of the single known wild plant on GGNRA 
lands on the Presidio, which are administered by the Presidio Trust. 
The Presidio Trust was established by the Presidio Trust Act of 1996 to 
manage the leasing, maintenance, rehabilitation, repair, and 
improvement of property within the Presidio (Presidio Trust Act, as 
amended, sec. 104(a)). The Presidio Trust is directed to preserve the 
natural, scenic, cultural, and recreational resources on the Presidio, 
but also is directed to ensure that the Presidio becomes financially 
self-sufficient by 2013 (Presidio Trust 2002, pp. 1, 2, 12). The 
Presidio Trust Act directed that the Presidio Trust design a management 
program to reduce NPS expenditures and increase revenues to the Federal 
Government to the maximum extent possible (Presidio Trust Act, pp. 5, 
6). The Presidio Trust Management Plan was published in May 2002. The 
Presidio Trust manages most of the Presidio (Area B), and NPS retains 
jurisdiction over Area A as defined in the Presidio Trust Management 
Plan (Presidio Trust 2001, p. 3). The Presidio Trust and NPS coauthored 
the Presidio Vegetation Management Plan. For special status plants, the 
plan provides an objective to preserve and enhance rare plant habitats 
by evaluating species-specific habitat needs, giving high priority to 
actions that preserve and enhance those habitats (Presidio Trust 2001, 
Chapter 3, unpaginated).
    Federal regulations for the Presidio Trust, which offer some 
protection to Arctostaphylos franciscana, include prohibitions on 
disturbing, injuring, removing, possessing, digging, defacing, or 
destroying from its natural state, any plant or parts thereof. 
Unauthorized introduction of plants and plant seeds is also prohibited, 
offering limited protection against invasive, nonnative species. 
Additional regulations require that special events be permitted by the 
Presidio Trust, and provide for restricting visitor use to address 
resource conflicts (36 CFR part 1002).
    The Presidio Trust is a new model for National Park management in 
that the Presidio Trust is directed to preserve the natural, scenic, 
cultural, and recreational resources on the Presidio and at the same 
time ensure that the Presidio becomes financially self-sufficient by 
2013 (Presidio Trust 2002, pp. 1, 12). This means that generation of 
revenue is a consideration for the Presidio Trust's activities, as well 
as resource protection. The cost of operation and care are higher for 
this park than for most National Parks because of the Presidio's large 
number of structures and cultivated landscapes (Presidio Trust 2011, 
unpaginated). The mission of NPS on the Presidio, as stated in the 
Golden Gate National Recreation Area Addition Act of 1992 (16 U.S.C. 
460bb), although similar to the Presidio Trust Act regarding the 
protection of natural, historic, scenic, and recreational values, does 
not include the mandate to ensure that the Presidio becomes financially 
self-sufficient.
    The future status of the Presidio as National Park land is 
uncertain, as explained in the Presidio Trust Act's section 104(o) 
(Reversion), which states: ``If, at the expiration of 15 years, the 
Trust has not accomplished the goals and objectives of the plan 
required in section 105(b) of [the Presidio Trust Act], then all 
property under the administrative jurisdiction of the Trust pursuant to 
section 103(b) of [the Presidio Trust Act] shall be transferred to the 
Administrator of the General Services Administration to be disposed of 
in accordance with the procedures outlined in the Defense Authorization

[[Page 54445]]

Act of 1990 (104 Stat. 1809), and any real property so transferred 
shall be deleted from the boundary of the Golden Gate National 
Recreation Area. In the event of such transfer, the terms and 
conditions of all agreements and loans regarding such lands and 
facilities entered into by the Trust shall be binding on any successor 
in interest.'' This clause indicates that lands currently considered 
National Parks lands could be disbursed to the private sector and 
subject to development within the near future. The Presidio Trust 
states, however, that since 2004, the Trust's earned revenue has offset 
operating costs and expects that the Presidio will meet the goal of 
being a self-sustaining National Park in 2012 (Middleton 2011, p. 2).
    Arctostaphylos franciscana is not listed under the California 
Endangered Species Act. The conservation plan and MOA are not 
regulatory in nature and not legally enforceable by third parties 
(Caltrans 2009, p. 8; Chasse et al. 2009, p. 3), limiting their 
usefulness in enforcing protections for the plant. Although general 
protections are provided for plants on National Parks, no regulatory 
language in any Park Service or Presidio Trust documents specifically 
addresses protection of A. franciscana.
    Based on the best scientific and commercial information available, 
we consider the inadequacy of existing regulatory mechanisms not to be 
a threat to the species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Potential threats to Arctostaphylos franciscana include changes in 
environmental conditions resulting from climate change, trampling or 
disturbance by people visiting the Presidio, altered fire regime, loss 
of genetic diversity, loss of pollinators, and stochastic (chance) 
events.
Climate Change
    Our analyses under the Act include consideration of ongoing and 
projected changes in climate. The terms ``climate'' and ``climate 
change'' are defined by the Intergovernmental Panel on Climate Change 
(IPCC). ``Climate'' refers to the mean and variability of different 
types of weather conditions over time, with 30 years being a typical 
period for such measurements, although shorter or longer periods also 
may be used (IPCC 2007, p. 78). The term ``climate change'' thus refers 
to a change in the mean or variability of one or more measures of 
climate (e.g., temperature or precipitation) that persists for an 
extended period, typically decades or longer, whether the change is due 
to natural variability, human activity, or both (IPCC 2007, p. 78). 
Various types of changes in climate can have direct or indirect effects 
on species. These effects may be positive, neutral, or negative and 
they may change over time, depending on the species and other relevant 
considerations, such as the effects of interactions of climate with 
other variables (e.g., habitat fragmentation) (IPCC 2007, pp. 8-14, 18-
19). In our analyses, we use our expert judgment to weigh relevant 
information, including uncertainty, in our consideration of various 
aspects of climate change.
    Changes in environmental conditions resulting from climate change 
may cause presently suitable habitat to become unsuitable for endemic 
California plants, due to projected changes in temperature and rainfall 
(Loarie et al. 2008, pp. 1-2). A U.S. Geological Survey (USGS) study in 
National Park lands in northern California and Oregon is underway to 
examine trends in climate, ocean conditions, and other features (Madej 
et al. 2010, p. 7). In these National Park lands, variation in abiotic 
factors (for example, precipitation, fog, and air and ocean 
temperatures) regulates many ecological processes, including the 
distribution of vegetation and frequency of disturbance from fires, 
floods, landslides, and pest species. The preliminary results of the 
USGS study show an increase in average maximum summer air temperatures 
at GGNRA, near the Presidio (Madej et al. 2010, p. 24).
    Summer fog and overcast along the California coast has been 
identified as ecologically important to endemic plant species by 
increasing water availability during the dry summer months, reducing 
loss of water from leaves (evapotranspiration), and decreasing the 
frequency of drought stress (Fischer et al. 2009, pp. 792-794). Fog 
frequency along the Pacific coast is highest in north and central 
California and declines in Oregon and southern California (Johnstone 
and Dawson 2010, p. 4534). Climate change may be affecting the amount 
and duration of fog and cloud cover along the California coast 
including within the San Francisco Bay area. Mean fog frequency in the 
California region, quantified by cloud ceiling height measured at 
airports, has decreased since 1951 (Johnstone and Dawson 2010, p. 
4535). Research by Vasey (2010, p. 1) suggests that most coastal 
endemic Arctostaphylos species are more vulnerable to drought stress 
than those found in interior California, and could be threatened by a 
decrease in coastal summer fog. He found that obligate-seeding 
Arctostaphylos species, such as A. franciscana, are better hydrated in 
areas that receive fog. He also found that coastal obligate-seeding 
species are more vulnerable to vascular cavitation (blockage forming in 
water vessels in the plant) when the rate of water loss through the 
leaves becomes too great, such as during drought (Vasey 2010, p. 1). 
This disruption of water flow can lead to branch death and possibly 
death of the entire plant (Vasey 2010, p. 1).
    Reduced soil moisture from decrease in summer fog may also result 
in reduced seed germination and seedling survival. Additionally, the 
ability of Arctostaphylos franciscana to respond to future climate 
changes by establishing new plants in new habitat may be limited 
because of the plant's association with serpentine and greenstone 
bedrock outcrops (Service 2003, pp. 95, 96), and because soils derived 
from serpentine and greenstone bedrock on the peninsula are limited in 
area and largely fragmented (Chasse 2010, p. 1). Natural movement of 
the species by seed dispersal to reach cooler, moister areas to the 
north would be impeded by barriers such as the San Francisco Bay.
    Increased temperatures within Arctostaphylos franciscana habitat 
could also result in higher soil temperatures that would favor 
Phytophthora cinnamomi, which reproduces best at warmer soil 
temperatures. Higher temperatures would also increase the likelihood of 
water stress on A. franciscana, increasing its susceptibility to other 
Phytophthora species (Swiecki 2011, p. 1).
Alteration of the Natural Fire Regime
    In addition to soil type and climate, fire plays a critical role in 
the determination of plant distribution (Keeley 2007, p. 19). The 
chaparral plant community, of which Arctostaphylos is an important 
member, is adapted to specific fire regimes that vary in different 
parts of California. In the San Francisco East Bay region, the current 
fire return interval is estimated at about 100 years (Keeley 2007, p. 
20). Factors that affect the fire frequency in the San Francisco Bay 
area include a short fire season, moist climate, the local human 
population density, and changes in human behavior. Due to prevailing 
ocean winds and frequent fogs, the average relative humidity along the 
coast is moderate to high throughout the year. The exceptions typically 
occur in the fall, when changing prevailing weather patterns allow dry 
northeasterly winds from the State's interior to reduce

[[Page 54446]]

humidity in the coastal area to around 20 percent, thereby creating dry 
and windy conditions that typify high fire danger (GGNRA 2005, pp. 136, 
140).
    Fire frequency in the San Francisco Bay area has varied 
substantially in the last several thousand years. Not only have the 
fire regimes changed with changing climate, fire regimes have changed 
as patterns of human utilization of the landscape have changed. 
Disturbances by fire occurred at long intervals in the prehuman period, 
then at shorter intervals during the late Native American and Spanish-
Mexican periods, and at moderate intervals during the European 
settlement period. Fire disturbance intervals since the 1900s have 
generally returned to long intervals in the modern period due to active 
fire suppression (GGNRA 2005, pp. 144-147). The natural fire regime has 
been heavily altered by the urbanization of San Francisco and 
fragmentation of remaining undeveloped lands. Nearly all land within 
the City of San Francisco has been developed, with the exception of 
small, isolated parcels and undeveloped hilltops. Lands administered by 
NPS and the Presidio Trust are surrounded by other land uses, and are 
close to the wildland-urban boundary where landscape plants and 
nonnative plants contribute to vegetative buildup (GGNRA 2005, pp. 130-
131) that can increase fire danger. Additionally, fire suppression over 
the last 100 years has led to an increase in crown and surface fuels, 
which contribute to high-intensity fires (GGNRA 2005, p. 147). In spite 
of the increased fire danger on these managed lands, they could 
eventually be identified as suitable for outplanting Arctostaphylos 
franciscana seedlings due to the limited amount of remaining habitat.
    As stated above in the Species Information section above, 
Arctostaphylos franciscana is an obligate-seeding species and 
reproduces primarily from seed rather than from burls after a fire 
(Vasey 2010, p. 1). Two opposing types of changes in fire frequency can 
threaten chaparral species such as Arctostaphylos franciscana. First, 
``senescence risk'' occurs when too little fire leads to the loss of a 
species dependent on fire for regeneration. The second, ``immaturity 
risk,'' is a threat primarily to obligate-seeding species such as A. 
franciscana. In this case, wildfires that occur too frequently may kill 
plants before they can reach reproductive maturity and produce seed 
(Keeley 2007, p. 18). Wildfire can substantially reduce the number of 
live seeds in the soil (Odion and Tyler 2002, p. 1). Odion and Tyler 
(2002 p. 1) found that a controlled burn in a 40-year-old stand of A. 
morroensis (Morro manzanita), a species also occurring in maritime 
chaparral, reduced the seedbank to 33 percent of that which had 
accumulated in the soil since the previous burn 40 years earlier. Three 
years after the burn, the new population of A. morroensis that had 
germinated from the seedbank was less than half the size of the 
original population (Odion and Tyler 2002, p. 1). Odion and Tyler (2002 
p. 2) concluded that if viable seed densities in the soil are low 
because fires are too frequent to allow seeds to accumulate in the 
soil, the population may risk extinction.
    The fire return interval for this general area, and, therefore, for 
Arctostaphylos franciscana, is currently approximately 100 to 125 years 
(Parker pers. comm., 2011; Vasey 2011a, p. 1). The long fire return 
interval is not thought to be a threat to the mature A. franciscana 
plant at the Presidio or to any seedlings likely to be outplanted on 
the Presidio in the future. Infrequent fire would allow the mature 
plant at the Presidio to produce seed and build up a sufficiently large 
seedbank to withstand seed loss from wildfire, and would allow the 
growth of outplantings in other suitable areas. However, if fire 
continues to be excluded from the plant's location at the Presidio and 
the fire return interval greatly exceeds the natural return interval, 
over time the loss of fire may also result in the loss of the mature 
plant and individual outplanted seedlings due to competition by other 
plants, including nonnative plants, that could encroach upon the 
manzanita.
    Other aspects of the altered fire regime within the remaining 
undeveloped lands of San Francisco pose greater threats to the species. 
Alteration of the fire regime has led to an increase in crown and 
surface fuels in some areas, leading NPS fire planners to conclude that 
it is difficult to predict the effects of the changed fire regime, 
given the trend to warmer and drier climate conditions (Johnstone and 
Dawson, 2010, p. 4535; Madej et al. 2010, p. 24) and the relationship 
between climate and fire frequency (GGNRA 2005, pp. 147, 148). In the 
past, large fires have occurred within areas that are typically subject 
to maritime climatic conditions. Such fires include the 1923 Berkeley 
Fire, the October 1991 Oakland Fire (Keeley 2005, p. 286) that burned 
607 ha (1,500 ac), the October 1995 fire at Point Reyes National 
Seashore that burned 4,999 ha (12,354 ac) (GGNRA 2005, p. 151), and the 
1,133-ha (2,800-ac) 2009 Lockheed Fire north of the City of Santa Cruz 
(The Associated Press 2009). On the Presidio, fire history data show 
that 17 fires occurred between 2000 and 2009, with no fires in some 
years and as many as 5 fires in other years. All fires were contained 
at 0.04 ha (0.1 ac) or less (A. Forrestel, pers. comm., 2011a, 2011b). 
In the same period, approximately four wildfires occurred in the Marin 
Headlands, directly north of the Presidio across the Golden Gate, while 
recent fire history records for all areas of the GGNRA show the 
potential for larger wildfires in the maritime zone (GGNRA 2005, pp. 
150-155).
    Although the Presidio is located within a highly urbanized setting, 
substantial areas of open space within the Presidio itself and within 
the adjacent GGNRA lands contain an interspersed mixture of vegetative 
types, including native vegetation, landscaped grounds, and forest 
(GGNRA 2005, pp. 190-199; Presidio Trust 2011, unpaginated). Grasslands 
are now dominated by nonnative annual grasses and forbs, which burn 
with greater intensity and at a more rapid rate of spread than 
grasslands dominated by native species (GGNRA 2005, p. 192). According 
to a fire model prepared by the GGNRA, areas that they manage on the 
western and southwestern borders of Presidio Trust lands present a 
moderate and moderate-high fire hazard (GGNRA 2005, p. E-7). The 
altered fire regime may result in infrequent fires that burn larger and 
hotter than previously, with the potential for greater loss of the 
seedbank. Alternatively, the incidence of wildfire could increase, 
which would be detrimental to Arctostaphylos franciscana by killing 
mature plants, seedlings, and seeds in the seedbank. In obligate-
seeding species, such as A. franciscana, fire normally kills the adult 
plants, which are then replaced by plants that germinate from seed in 
the soil seedbank. A wildfire that would kill the single wild A. 
franciscana plant would be an especially serious threat to the future 
of the species because no A. franciscana seedbank has been found in 
soil collected from the area beneath the wild plant (Young 2011, p. 1).
Visitor Use
    Impacts due to visitor use could harm the wild plant. The 
translocated wild plant has been planted in an active native plant 
management area that receives heavy public use, although it is 
protected from public access by a post and cable fence and is monitored 
(Chasse et al. 2009, pp. 20-28). The post and cable fence is placed 
along an adjacent trail so that people do not enter the immediate area 
around the plant;

[[Page 54447]]

however, an event in which a visitor treads on the plant could result 
in damage to the wild plant. Over time, incremental damage could result 
in the decline of the plant. The fence appears to be effective, 
although its wire mesh has been bent either by employees and volunteers 
or by the general public crossing the fence (Estelle 2012b, p. 2). 
Presidio Trust staff has stated that, on a few occasions, volunteers 
and members of the general public have asked permission to visit and 
photograph the plant, and that volunteers who work with the plant have 
been requested to not disclose its location (Estelle 2012c, p. 1). As 
noted under Factor B, the Presidio Trust and NPS have made serious 
efforts not to reveal the location of Arctostaphylos franciscana 
because they are concerned that public knowledge of its location would 
attract large numbers of plant enthusiasts who may damage the A. 
franciscana and compact the soil (Thomas, pers. comm., 2011). If 
trampling of the A. franciscana occurs, the Presidio Trust could take 
three protective actions: a fence could be placed around the plant, 
interpretive signs could be placed near the plant, and volunteers or 
interns could be made available to talk to visitors (Thomas, pers. 
comm., 2012).
    The wild Arctostaphylos franciscana plant may be susceptible to 
damage from soil compaction due to foot traffic. Roots grow into soil 
to maintain stability and extract water and nutrients; however, soil 
compaction increases the resistance of the soil to root penetration and 
thus diminishes the plant's ability to extract sufficient water and 
nutrients (Hammitt and Cole 1998, p. 52). Soil compaction also reduces 
water infiltration rates and soil aeration by collapsing the larger 
pores in the soil. Reduced soil oxygen levels from loss of soil pores 
also can impact root growth, which would further reduce water and 
nutrient uptake (Hammitt and Cole 1998, p. 52). Additionally, soil 
compaction has been found to cause considerable damage to mycorrhizal 
fungi in seedling roots (Waltert et al. 2002, p. 1). As noted in the 
Historical Distribution and Habitat section, most Arctostaphylos 
species form strong symbiotic associations with soil mycorrhizal fungi, 
which develop an external sheath surrounding the plant's roots. All 
water and nutrients pass through this sheath to the plant's roots 
rather than directly from the soil to the plant's roots (Chasse 2009, 
p. 12). Damage from soil compaction would not only impact the wild 
plant by reducing its ability to take up water and nutrients, but could 
also reduce the survival of seedlings near the wild plant.
    Soil compaction also favors the growth of Phytophthora. Poor 
drainage resulting from compaction facilitates the dispersal of 
swimming zoospores that infect the host plant (Swiecki 2011, p. 2). 
Additionally, anaerobic (lack of oxygen) stress associated with 
saturated soil conditions increases the susceptibility of roots to 
Phytophthora infections (Swiecki 2011, p. 2).
Vandalism
    The location of the Arctostaphylos franciscana plant within the 
Presidio is near common-use trails and an area available for private 
and public events. Threats to A. franciscana include damage from 
vandalism. Vandalism to trees was reported in the Presidio in the early 
2000s (Thomas pers. comm. 2011). Severe vandalism was observed in 
Golden Gate Park, located approximately 1.5 mi (2.4 km) south of the 
Presidio, in summer 2010, when more than 40 trees and 30 rose bushes 
were destroyed by unknown persons for unknown reasons (Gordon 2010, 
unpaginated; King 2010, unpaginated). The post and cable fence that 
protects the wild A. franciscana plant is approximately 30 ft (9.1 m) 
from the plant and is not constructed to completely exclude visitors. 
In the unlikely event that vandalism occurs, the results could be 
serious because there is only one wild plant.
Stochastic Events and Small Population Size
    Chance events constitute a serious threat to Arctostaphylos 
franciscana. Because the known population of A. franciscana in the wild 
is currently limited to a single plant, the species is extremely 
vulnerable to stochastic events--normal but damaging environmental 
perturbations and catastrophes such as droughts, storm damage, disease 
outbreaks, and fires, from which large, wide-ranging populations can 
generally recover, but which may lead to extirpation of small, isolated 
populations (Gilpin and Soule 1986, pp. 25-31). The majority of the 
remaining habitat associated with A. franciscana occurs within rock 
outcrops on hilltops or slopes surrounded by development or along 
coastal cliffs. These areas, because of their limited size and 
proximity to developed areas, are more likely to experience inadvertent 
fire or environmental degradation (altered hydrologic regime; increased 
introduction of nonnative, invasive plants; and increased spread of 
disease). The nature of the habitat associated with A. franciscana 
(rock outcrops, thin soils, sloped or hilltop terrain) may also 
increase the effects of drought. By nature these habitats generally do 
not have the water-holding capacity of deeper soiled, level habitats. 
Because some of the remaining habitat associated with the species is 
along coastal bluffs or on hillsides, these areas may also be more 
susceptible to landslides or erosion during excessively wet 
precipitation events. As a result, we consider stochastic events to be 
of significant threat for this species.
    Any new population that starts from the single wild plant is likely 
to have reduced genetic variation compared to historical populations. 
Even if the number of plants increases, it may not reverse the previous 
genetic loss, known as the bottleneck effect (Allendorf and Luikart 
2007, p. 158). Bottlenecks generally have a greater and more lasting 
effect on the loss of genetic variation in species with slow growth 
rates (long-lived species with few offspring) (Allendorf and Luikart 
2007, p. 133). The age of the single wild Arctostaphylos franciscana 
plant is estimated at 60 years, and no other A. franciscana plants or 
seedlings were found associated with the wild plant. Reduced genetic 
variation may result in the inability of future generations of the 
plant to adapt to changes in habitat, such as decrease in fog and 
increase in temperature (see Climate Change discussion above) or loss 
of pollinators (see discussion below). While Arctostaphylos franciscana 
may be capable of self-pollination, in general, self-pollination 
results in decreased genetic variation in the offspring of a plant 
(Allendorf and Luikart 2007, p. 123). Therefore, loss of genetic 
variation is expected if A. franciscana is dependent on self-
pollination to produce seed. Based on the above discussion, we have 
determined that the loss of genetic variation is a significant threat 
for this species.
    The wild plant is also threatened by the Allee effect, a decline in 
population growth rate due to declining plant density (Ak[ccedil]akaya 
et al. 1999, p. 86). For the wild Arctostaphylos franciscana plant, the 
Allee effect may result from a lack of other available A. franciscana 
plants with which to cross-pollinate and produce viable seed. The wild 
plant, the single remaining individual of its species in the wild, is 
currently dependent on its ability to self-pollinate, which may be 
limited, and the efforts of researchers and Presidio staff to provide 
additional plants of different genotypes (if they are proven to be A. 
franciscana) from botanical garden specimens to cross-pollinate

[[Page 54448]]

with the wild plant to produce new individuals and populations.
Loss of Pollinators
    Suitable pollinators may be critical for seed production for this 
obligate-seeding species. If pollinators are absent, or present in 
insufficient numbers, there may be a lack of viable seeds to develop 
and maintain the seedbank. In a study of the effects of habitat 
fragmentation on a non-self-pollinating plant (Lennartsson 2002, pp. 
3065, 3066, 3068), the author found that fragmented populations 
exhibited dramatically reduced seed set and population viability, both 
of which were caused by a reduction in the number of pollinators.
    Pollinators have been observed on the wild A. franciscana plant; 
however, no surveys have been completed to identify the most important 
pollinators. The most frequent pollinators seen have been bees and 
bumblebees. Hummingbirds and butterflies have also been observed 
visiting the flowers, likely because few other plants are blooming 
during the winter months when A. franciscana blooms (Vasey, pers. comm. 
2010). Although the loss of seed produced in a single year would not 
likely lead to the extirpation of the species, the continued reduction 
of the seed crop or dependence on self-pollination would reduce the 
seedbank, genetic variation, and the potential for population 
expansion.
Hybridization
    Cultivars of Arctostaphylos franciscana are used in the commercial 
nursery trade. The cultivars (varieties of a plant produced and 
maintained by cultivation) are likely descended from some of the last 
wild A. franciscana plants known to exist in the 1940s, and are located 
in at least four botanical gardens (Chasse et al. 2009, pp. 7, 8). 
Because hybridization between diploid species of Arctostaphylos is well 
recognized (Chasse et al. 2009, p. 5), there is a good chance that many 
of these commercially available specimens have resulted from hybrid 
seed. Because of the threat of cross-pollination from hybrids or other 
species (Allendorf et al. 2001, pp. 613, 618-621), any propagation or 
reintroduction programs for A. franciscana must account for subsequent 
contamination of the A. franciscana gene pool. The conservation plan 
takes this into account by recommending that future outplantings of 
nursery-raised cuttings or seedlings of the recently discovered A. 
franciscana plant avoid areas that could facilitate cross-pollination 
(Chasse et al. 2009, p. 31). Appropriate outplanting areas will be 
determined by A. franciscana experts, in cooperation with NPS, the 
Presidio Trust, and the Golden Gate National Parks Conservancy (Chasse 
et al. 2009, p. 31). Although cross-pollination of the wild plant with 
hybrids and the production of hybrid seed is possible, we do not know 
if this is a substantial threat to the species.
    Based on the best scientific and commercial information available, 
we consider that Arctostaphylos franciscana is negatively impacted by 
other natural or manmade factors affecting its continued existence 
which include changes in environmental conditions resulting from 
climate change, altered fire regime, soil compaction from visitor use, 
vandalism, loss of genetic diversity, loss of pollinators, stochastic 
events, effects of small population size, and hybridization. 
Cumulatively, we consider these threats to be significant and ongoing.
Cumulative Impacts
    Some of the threats discussed in this finding could work with one 
another to cumulatively create situations that potentially impact 
Arctostaphylos franciscana beyond the scope of the individual threats 
we have already analyzed. In particular, climate change may exacerbate 
many of the threats discussed in this final rule. For example, warmer, 
drier conditions in the range of the species could result in not only 
less summer fog and increased water stress leading to plant death, but 
could also create more suitable conditions for infection by 
Phytophthora species and result in more fires. The loss of native 
habitat due to urban development within the range of A. franciscana has 
likely reduced pollinator nesting areas and numbers of native plants 
that provide nectar and pollen. Climate change could increase the loss 
of pollinators if the abundance of flowers preferred by pollinators 
decreases and the synchrony of bloom periods and pollinator emergence 
is disrupted. Although there currently are no data available regarding 
changes in plant bloom periods or emergence dates of pollinators in the 
Presidio in response to climate change, Forister and Shapiro (2003, p. 
1130) found that over a period of 31 years warmer and drier winter 
conditions were associated with earlier butterfly appearance in the 
Central Valley of California. The ability of A. franciscana to self-
pollinate may be limited (Parker 2011, p. 1); therefore, we expect that 
bumblebees, bees, and other insects are likely needed for A. 
franciscana to produce seed. Nitrogen enrichment of the soil from 
atmospheric deposition may encourage the growth of nonnative, invasive 
grasses in the vicinity of the wild plant. The grasses could, in turn, 
provide additional habitat for rodents such as California voles that 
feed on the wild plant.

Determination

    We have carefully assessed the best scientific and commercial 
information available regarding past, present, and future threats to 
Arctostaphylos franciscana. The primary threat to A. franciscana is 
from the present or threatened destruction, modification, or 
curtailment of the species' habitat or range (Factor A). All original 
occupied habitat of the species has been lost, and its current range 
has been reduced to a single location that supports a single A. 
franciscana plant. The last wild plant was moved from its native 
habitat, which was subsequently destroyed during a highway construction 
project, and transplanted to natural habitat on the Presidio in San 
Francisco. Limited remaining suitable habitat is available to support a 
viable population of the species. Although greenstone and serpentine 
soils remain on the peninsula, the majority of this land has been 
fragmented and may be subject to edge effects and nitrogen deposition. 
Additionally, the possible transfer of Presidio lands to the GSA and 
the private sector may result in potential future loss of the plant or 
modification of its habitat.
    Overutilization (Factor B) is a threat because the current known 
wild population consists of one individual plant, and Arctostaphylos 
plants are popular for landscaping and other horticultural purposes. 
Arctostaphylos franciscana is thus vulnerable to overcollection or 
damage if visitors harvest cuttings or seeds.
    Disease and predation (Factor C).is also a threat to Arctostaphylos 
franciscana. Stress from transplanting the wild plant may have weakened 
the plant and made it more susceptible to disease and predation. The 
plant was heavily infested with a native leaf roller moth after being 
transplanted; however, the caterpillars and damaged foliage were 
removed and the plant has produced new foliage and flowers. Minor 
damage to Arctostaphylos franciscana branches from gnawing by 
California voles and other rodents has also been observed. Twig blight, 
a fungal infection, was observed on the plant during the winter of 
2009-2010, but the infection subsided during the dry season. Infection 
by Phytophthora species, especially Phytophthora cinnamomi, is a 
serious and lethal problem among Arctostaphylos species

[[Page 54449]]

in the wild and in the native plant nursery trade. Phytophthora 
cinnamomi cannot be controlled once introduced to a plant or habitat, 
and results in plant death. Many A. franciscana cuttings are being 
grown in commercial or university nurseries for outplanting with the 
wild plant. Although the use of clean propagation techniques has been 
requested by the staff in charge of the project, the risk of infection 
of the cuttings and wild plant by P. cinnamomi is still a threat. At 
least six other species of Phytophthora are also found south of the San 
Francisco peninsula and could be introduced into the vicinity of the 
wild plant. In addition, the pathogen that causes sudden oak death has 
been discovered in the Presidio; however, the threat of this disease to 
A. franciscana is likely not severe.
    Existing regulatory mechanisms (Factor D) afford certain 
protections for Arctostaphylos franciscana because the plant is located 
on lands administered by NPS, GGNRA, and the Presidio Trust. However, 
as mentioned above, these protections are not specific to A. 
franciscana. Because no existing regulatory mechanisms exist specific 
to A. franciscana, we do not consider the existing regulatory 
mechanisms to be inadequate to protect the species.
    Other natural or manmade factors affecting Arctostaphylos 
franciscana's continued existence (Factor E) include environmental 
effects resulting from climate change, alteration of the natural fire 
regime, soil compaction from visitor use, vandalism, loss of genetic 
diversity, stochastic events, small population size, loss of 
pollinators, and hybridization are also threats to this species. 
Changes in the climate are expected to include increased air 
temperature and reduced summer fog, both resulting in warmer and drier 
conditions to which the plant may be less well-adapted. Additionally, 
climate change may result in divergence between the timing of flowering 
of A. franciscana and the availability of suitable pollinators, 
negatively affecting the plant's ability to set seed. Climate change 
may also reduce pollinator species and numbers. Warming and drying of 
the plant's habitat would likely also increase the frequency of 
wildfire, which could result in death of the wild plant and its future 
seedlings if fire occurred before the plants were able to produce 
viable seeds. Loss of mature Arctostaphylos plants to fire is a natural 
phenomenon; however, this species is currently represented by a single 
mature plant. Therefore, to our knowledge, the loss of the plant would 
result in extinction of the species in the wild. Loss of genetic 
diversity has likely already occurred due to the reduction of the 
species to a single wild plant and is expected to continue because this 
generally outcrossing species will be limited to self-pollination. 
Reduced genetic diversity may also limit the species' ability to adapt 
to changes in habitat, such as those resulting from climate change or 
loss of pollinators. The species is extremely vulnerable to stochastic 
events such as droughts, storm damage, and fires, from which large 
wide-ranging populations can generally recover, but which would likely 
drive a species consisting of a single plant to extinction.
    Based on our evaluation of the best available scientific and 
commercial information regarding the past, present, and future threats 
faced by Arctostaphylos franciscana, we have determined that the 
continued existence of A. franciscana is threatened by overutilization 
for commercial and recreational purposes, disease, and predation, 
climate change, alteration of the natural fire regime, soil compaction 
from visitor use, vandalism, loss of genetic diversity, stochastic 
events, small population size, loss of pollinators, and hybridization. 
Because the species faces these threats throughout its extremely 
limited range, we find that A. franciscana is in danger of extinction 
throughout its entire range and, therefore, it is unnecessary to 
analyze its status in any significant portion of its range.
    The Act defines an endangered species as one that is in danger of 
extinction throughout all or a significant portion of its range. A 
threatened species is one that is likely to become an endangered 
species in the foreseeable future throughout all or a significant 
portion of its range. The species in the wild currently exists as a 
single plant on the San Francisco Presidio. Because the range of the 
species is restricted to a single plant, the risks presented by the 
threats discussed herein are more intensified than they would be were 
the species more widespread or numerous. Based on our evaluation of the 
best available scientific and commercial information, and given the 
current population size (one wild plant) and severely limited 
distribution throughout its historical range, we have determined the 
species is currently on the brink of extinction in the wild and 
therefore is in danger of extinction throughout all of its range. As a 
result, this species meets the definition of an endangered species 
under the Act. Because the species is in danger of extinction now due 
to its limited population size and the severity of existing threats, as 
opposed to in the foreseeable future, A. franciscana meets the 
definition of an endangered species rather than a threatened species. 
On the basis of our careful evaluation of the best available scientific 
and commercial information regarding the past, present, and future 
threats to the species as discussed above relative to the listing 
factors, we are listing Arctostaphylos franciscana as an endangered 
species throughout its range.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Act include recognition, recovery actions, 
requirements for Federal protection, and prohibitions against certain 
practices. Recognition through listing results in public awareness and 
conservation by Federal, State, and local agencies; private 
organizations; and individuals. The Act encourages cooperation with the 
States and requires that recovery actions be carried out for all listed 
species. The protection measures required of Federal agencies and the 
prohibitions against certain activities 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 designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR part 402. 
Section 7(a)(4) of the Act requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a species proposed for listing or result in destruction or 
adverse modification of proposed critical habitat. If a species is 
listed subsequently, section 7(a)(2) of the Act 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 agency actions within the species' habitat that may require 
conference or consultation or both, as described in the preceding 
paragraph, include land management, road construction, and any other 
landscape altering activities, such as invasive tree and plant removal, 
within the known range of the species or within any designated critical 
habitat.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply

[[Page 54450]]

to endangered plants. All prohibitions of section 9(a)(2) of the Act, 
implemented by 50 CFR 17.61, apply. When this final rule becomes 
effective (see DATES section above), Arctostaphylos franciscana, the 
last wild specimen (including any plants propagated from the wild 
plant) and the botanical garden specimens (those plants previously 
collected from the wild and subsequently propagated), will be protected 
by all prohibitions of section 9(a)(2) of the Act, which protects 
listed plants in areas of Federal jurisdiction such as the Presidio. 
Plants that have been or are being sold in the nursery trade or have 
been transplanted into home gardens will not be considered part of the 
listed entity.
    These prohibitions, in part, make it illegal for any person subject 
to the jurisdiction of the United States to import or export, transport 
in interstate or foreign commerce in the course of a commercial 
activity, sell or offer for sale in interstate or foreign commerce, or 
remove and reduce the species to possession from areas under Federal 
jurisdiction. In addition, for plants listed as endangered, the Act 
prohibits the malicious damage or destruction on areas under Federal 
jurisdiction and the removal, cutting, digging up, or damaging or 
destroying of such plants in knowing violation of any State law or 
regulation, including State criminal trespass law. Certain exceptions 
to the prohibitions apply to agents of the Service and State 
conservation agencies.
    Arctostaphylos franciscana has not been listed by the State of 
California. Listing also requires Federal agencies to avoid actions 
that might jeopardize the species (16 U.S.C. 1536(a)(2)), and provides 
opportunities for funding of conservation measures and land acquisition 
that would not otherwise be available to them (16 U.S.C. 1534, 
1535(d)).
    We may issue permits to carry out otherwise prohibited activities 
involving endangered and threatened wildlife species under certain 
circumstances. Regulations governing permits are codified at 50 CFR 
17.62 for endangered plants, and at 17.72 for threatened plants. With 
regard to endangered plants, a permit must be issued for the following 
purposes: for scientific purposes or for enhancing the propagation or 
survival of the species, and for take to to prevent undue economic 
hardship (see 50 CFR 17.63).

Required Determinations

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by Office of Management and Budget (OMB) under the 
Paperwork Reduction Act. This rule will not impose recordkeeping or 
reporting requirements on State or local governments, individuals, 
businesses, or organizations. An agency may not conduct or sponsor, and 
a person is not required to respond to, a collection of information 
unless it displays a currently valid OMB control number.

National Environmental Policy Act

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not be 
prepared in connection with regulations pursuant to section 4(a) of the 
Act. We published a notice outlining our reasons for this determination 
in the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited in this rule is available 
on the Internet at http://www.regulations.gov or upon request from the 
Field Supervisor, Sacramento Fish and Wildlife Office (see ADDRESSES).

Authors

    The primary authors of this document are the staff members of the 
Sacramento Fish and Wildlife Office (see ADDRESSES).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, we amend part 17, subchapter B of chapter I, title 50 
of the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

0
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.

0
2. Amend Sec.  17.12(h) by adding an entry for ``Arctostaphylos 
franciscana'' (Franciscan manzanita) to the List of Endangered and 
Threatened Plants in alphabetical order under FLOWERING PLANTS, to read 
as follows:


Sec.  17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Species
----------------------------------------------------------     Historic range             Family             Status         When     Critical   Special
          Scientific name                Common name                                                                       listed    habitat     rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
 
                                                                      * * * * * * *
Arctostaphylos franciscana........  Franciscan manzanita.  U.S.A., (CA).........  Ericaceae............  E                     809         NA         NA
 
                                                                      * * * * * * *
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Dated: August 24, 2012.
Rowan W. Gould,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2012-21742 Filed 9-4-12; 8:45 am]
BILLING CODE 4310-55-P