Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Castilleja Levisecta (Golden Paintbrush)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC52

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for Castilleja Levisecta (Golden Paintbrush)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list

the plant Castilleja levisecta (golden paintbrush) as a threatened

species pursuant to the Endangered Species Act of 1973, as amended

(Act). This species once occurred from Oregon north to Vancouver Island

in British Columbia, Canada. Only 10 disjunct populations of this plant

now exist, in open grasslands ranging from south of Olympia,

Washington, in Thurston County, north through the Puget Trough to

southwest British Columbia, Canada. One of these populations may be

extirpated. Threats to the species include competition with encroaching

native and alien plant species, habitat modification through succession

in the absence of fire, predation, and the reduced ability of small,

isolated populations to recover from stochastic (random) events. Direct

human-caused threats include development of habitat, possible damage

associated with road maintenance, and catastrophic fire. This proposal,

if made final, would implement the Federal protection and recovery

provisions of the Act for this plant.

DATES: Comments from all interested parties must be received by July

11, 1994. Public hearing requests must be received by June 24, 1994.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Boise Field Office, U.S. Fish and

Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho 83705.

Comments and materials received will be available by appointment for

public inspection during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Alison Beck Haas or Dr. Robert Parenti

at the above address (208/334-1931).

SUPPLEMENTARY INFORMATION:

Background

Castilleja levisecta (golden paintbrush) was first collected near

Mill Plain, Washington, by Thomas Jefferson Howell in 1880 and was

described by Jesse More Greenman in 1898 (Greenman 1898). A perennial

herb of the snapdragon family (Scrophulariaceae), C. levisecta

typically has 5 to 15 erect to spreading unbranched stems, reaches a

height of 0.5 meter (m) (20 inches (in)), and is covered with soft,

sticky hairs. The lower leaves are entire and narrowly pointed; the

upper leaves are broader, usually with one to three pairs of short

lateral lobes on the distal end. The flower, mostly hidden by the

overlapping bracts, has a calyx 15 to 18 millimeters (mm) (0.6 to 0.7

in) long and deeply cleft, and a corolla 20 to 23 mm (0.8 to 0.9 in)

long, with a slender galea (concave upper lip) three to four times the

length of the unpouched lower lip (Hitchcock and Cronquist 1978). It is

distinguished from the other Castilleja species within its range by

brilliant golden to yellow floral bracts. The plant flowers from April

to June. When not flowering, the plant is inconspicuous. The species

may be semi-parasitic like other members of the genus Castilleja,

requiring a host plant for seedling development (Heckard 1962, Sheehan

and Sprague 1984).

The plant tends to grow in clumps. One genet (genetic individual)

may consist of 1 to 15 ramets (stems), making the calculation of exact

numbers of individual plants difficult. Also, a wide variability of

numbers of ramets per plant among genets and sites exists. Determining

the number of ramets that comprise an individual plant generally

requires destroying the plant (Reid Schuller, Natural Area Scientist,

Washington Department of Natural Resources, pers. comm., 1992). In

addition, variation in census methods exists. Therefore, estimates of

population densities are difficult.

Western Oregon and Washington (and southern Vancouver Island) have

a maritime climate, characterized by wet, mild winters and cool,

relatively dry summers. Precipitation averages 800 to 1,350 mm (31 to

53 in) in the Puget-Willamette Trough (Sheehan and Sprague 1984).

The plant occurs in open grasslands at elevations below 100 m (328

feet (ft)) around the periphery of the Puget Trough. Most populations

occur on glacially derived soils, either gravelly glacial outwash or

clayey glacio-lacustrine sediments (Sheehan and Sprague 1984).

Associated species include Festuca idahoensis, Festuca rubra, Plantago

lanceolata, Holcus lanatus, Achillea millefolium, Pteridium aquilinum,

and several species of Vicia and Bromus (Sheehan and Sprague 1984).

Frequent, low intensity fires can be important in maintaining habitat

for some plant species. Historically, periodic fires in the Puget

Trough were instrumental in maintaining native grassland habitat by

limiting successional encroachment of trees and shrubs (Sheehan and

Sprague 1984).

Historically, Castilleja levisecta has been reported from over 30

sites in the Puget Trough of Washington and British Columbia, and as

far south as the Willamette Valley of Oregon (Sheehan and Sprague

1984). In 1984, the Service conducted an assessment of the status of

the species throughout its range. The plant was found to be extirpated

from more than 20 historic sites (Sheehan and Sprague 1984). Many

populations were found to be extirpated by conversion of habitat to

agricultural, residential, and commercial development. In Oregon, C.

levisecta historically occurred in the grasslands and prairie of the

Willamette Valley; the species has been extirpated from all of these

sites as the habitat has disappeared. The area around the type locality

at Mill Plain, Washington, was converted to pasture and orchards some

time after the plant was first collected there in 1880. Housing

developments currently occupy the site (Sheehan and Sprague 1984).

Castilleja levisecta is now known from 10 extant populations. Seven

occur in Washington: one just south of Olympia in Thurston County, five

on Whidbey Island in Island County, and one on San Juan Island in San

Juan County. In British Columbia, Canada, three populations exist: two

populations on islands off the southern coast of Vancouver Island and

one in the city of Victoria, Vancouver Island.

The southernmost population of Castilleja levisecta occurs at the

Rocky Prairie site south of Olympia, Washington, in Thurston County.

The site is owned by the Washington Department of Natural Resources and

is designated as a Natural Area Preserve that is managed primarily for

protection of C. levisecta and Aster curtus, and preservation of the

remnant native grassland community (R. Schuller, pers. comm., 1991). In

1983, the time of the last complete census, 15,000 plants were

sporadically distributed throughout the 15-hectare (ha) (37-acre (ac))

site. A fire in 1985 eliminated the southernmost patch of C. levisecta,

and the population was estimated to be about 7,000 plants in 1991 (R.

Schuller, pers. comm., 1991). A population census at this burned area

in 1993 revealed approximately 2,000 plants (Schuller, pers. comm.,

1994).

Five populations are located on the north half of Whidbey Island,

Island County, in Puget Sound. The largest of these occurs near Forbes

Point on the west side of Crescent Harbor and is owned by the

Department of Defense (Whidbey Island Naval Air Station). Navy

personnel conducted a census of Castilleja levisecta in 1985 and

counted more than 10,000 stems at the site (Clampitt 1985). The

population was monitored in 1990, when it was estimated to be in the

thousands, and again in 1991, when a reduction in density of about 25

percent was observed. The site was mapped and measures about 20 by 60 m

(66 by 197 ft) (Matt Klope, Whidbey Island Naval Air Station, pers.

comm., 1992).

A second population on Whidbey Island is located at Fort Casey

State Park where approximately 120 plants occur on a 0.04 ha (0.10 ac)

site (John Gamon, Botanist, Washington Natural Heritage Program, pers.

comm., 1994). This State-owned historic site is managed as a park for

recreational use (Ken Hagerman, Fort Casey State Park Manager,

Washington Department of Parks, pers. comm., 1991).

A third Whidbey Island population of Castilleja levisecta occurs on

the Bocker Environmental Preserve. This population occurs on two sites:

one is 60 by 150 m (197 by 492 ft) on the Preserve, and a second is

adjacent to the Preserve in a 4-square m (43-square ft) area. In 1993,

273 individuals existed (J. Gamon, pers. comm., 1994). The Preserve is

owned by Seattle Pacific University and is used for environmental

education courses (Keith Ludemann, Environmental Education Supervisor,

Bocker Environmental Preserve, pers. comm., 1992).

A fourth Whidbey Island population occurs at Ebey's Landing, where

300 to 400 plants are found in a 10 by 30-m (33 by 98-ft) area (Sheehan

and Sprague 1984). This site is privately owned.

The fifth Whidbey Island population of Castilleja levisecta is

located at West Beach, at a site approximately 0.66 ha (1.6 ac) in

size. The property is privately owned and is adjacent to a county road.

In 1991 it supported 10 to 20 plants (M. Klope, pers. comm., 1991),

down from about 200 in 1984 (Sheehan and Sprague 1984). In a letter to

the Island County engineer, a citizen reported that roadside

maintenance activities by the county had resulted in the elimination of

the population (Steve Erickson, Whidbey Environmental Action Network,

in litt., 1991). Subsequent field inspection by Washington Natural

Heritage Program staff confirmed that the population had been reduced

to about five plants; however, the cause of the plant's decline at this

site is unknown (Mark Sheehan, Washington Natural Heritage Program, in

litt., 1992).

The final U.S. population occurs on San Juan Island (San Juan

County), and is located on a privately owned parcel near the Mar Vista

Resort at False Bay. The site is approximately 4.3 by 3.0 m (14.1 by

9.8 ft) in size, and is comprised of 20 to 25 plants (Mark Sheehan,

pers. comm., 1991; Sheehan and Sprague 1984).

Three extant populations of Castilleja levisecta occur near

Victoria, British Columbia, Canada. One population is located on Alpha

Islet, consisting of 200 to 300 plants, and is under the management of

the Ministry of Parks. A second population, estimated at several

thousand plants, in an area of about 2.3 ha (5.7 ac), is located on the

Trial Islands and is currently managed by the Ministry of Parks as an

Ecological Reserve. A third site consists of one clump (fewer than 10

plants) and was known to occur at Beacon Hill Municipal Park within the

city of Victoria (Adolf Ceska, Curator of Botany, Royal British

Columbia Museum, pers. comm., 1991). The current status of the Beacon

Hill population is unknown.

Castilleja levisecta is threatened by habitat modification through

succession of grassland to shrub and forest habitat, and low potential

for expansion and refugia due to constriction of habitat. In addition,

because the current distribution of the species has been greatly

reduced from the historic distribution, the species is vulnerable to

other threats such as collecting by recreational users, reduced vigor

and reproductive potential due to predation, interspecific competition

with native and exotic woody species, and a reduced ability to recover

from catastrophic natural or human-caused events, such as catastrophic

fire or accidental chemical spills from an adjacent highway and

railroad. Two sites are vulnerable to potential residential or

commercial development.

Previous Federal Action

Federal action on this species began when the Service published a

notice of review for plants on December 15, 1980 (45 FR 82480). In this

notice, Castilleja levisecta was included as a category 1 candidate.

Category 1 candidates are those species for which the Service has on

file substantial information on biological vulnerability and threats to

support preparation of listing proposals. Pending completion of updated

status surveys, the status was changed to category 2 in the November

28, 1983, supplement to the Notice of Review (45 FR 53640). Category 2

candidates are those species for which information in possession of the

Service indicates that proposing to list as endangered or threatened is

possibly appropriate, but for which conclusive data on biological

vulnerability and threat are not currently available to support a

proposed rule. C. levisecta remained a category 2 candidate in the

September 27, 1985, Notice of Review for plants (50 FR 39526). In the

February 21, 1990, Notice of Review (55 FR 6184), C. levisecta was

elevated to category 1 status, based on additional data collected by

the Washington Natural Heritage Program. The species remained in

category 1 in the September 30, 1993, Notice of Review for plants.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) and

regulations (50 CFR part 424) promulgated to implement the listing

provisions of the Act set forth the procedures for adding species to

the Federal Lists. A species may be determined to be an endangered or

threatened species due to one or more of the five factors described in

section 4(a)(1) of the Act. These factors and their application to

Castilleja levisecta Greenman (golden paintbrush) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

Historic loss of prairie/grassland habitat in the Puget Trough has

reduced the range of Castilleja levisecta, and habitat loss continues

to be the primary threat to remaining populations. Currently,

encroachment by native and exotic woody species, as discussed in more

detail under Factor E, is the primary cause of this habitat

modification.

Development for residential or commercial use is a potential threat

at two of the privately owned sites, West Beach and False Bay. The

False Bay site is adjacent to a resort that may be sold in the near

future, which ultimately may lead to expansion (M. Sheehan, pers.

comm., 1991). The West Beach site is surrounded by residences and may

be developed in the future. Although no plans for development have been

initiated so far at these sites, the habitat for these two populations

remains vulnerable to threats due to the adjacency to areas that

receive high human use, and to the potential for development on these

privately owned commercial and residential sites.

In recent history, fire suppression played a critical role in the

reduction of grassland habitat in the Puget Trough and, therefore, in

the reduction in numbers and sizes of Castilleja levisecta populations.

A large, high intensity fire at any of the remaining sites where C.

levisecta occurs could potentially eliminate populations, though the

Service is unaware of permanent extirpations of this species due to

fire. The ecology of the species should be studied further to determine

the relationship between its habitat needs and fire, the effects of

fire on reproductive viability, and the subsequent success of

recruitment from outside burned areas.

The Washington Department of Natural Resources is conducting some

experimental burning, and the Navy has also expressed interest in

conducting burns (R. Schuller, M. Klope, pers. comm., 1991). Fire is a

potential tool for maintaining and expanding habitat, however, because

Castilleja levisecta has been reduced to 10 disjunct populations, and

the potential for recruitment from other populations is low. The use of

fire must be carefully considered to avoid the potential for

extirpations. Interspecific competition and the role of fire in

maintaining C. levisecta habitat are overlapping factors (see Factor

E).

Loss of suitable habitat from either encroachment of woody species

or development in the areas surrounding the disjunct populations

prevents expansion of the species and affords no refugia in the case of

catastrophic events that affect existing populations. Because the

grassland habitat in the areas surrounding the existing populations has

been lost, it is doubtful that the populations would expand naturally.

Thus, the continued existence of Castilleja levisecta is threatened by

the absence of available habitat for recruitment and colonization.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Castilleja levisecta has no known commercial use. Because of its

showy golden-yellow bracts, recreational users may pick flowers at

public sites. Fort Casey State Park, Bocker Environmental Preserve,

Forbes Point, and Beacon Hill Municipal Park are sites of high levels

of public use; collection and trampling are potential threats at these

sites (see Factor E). For example, Fort Casey State Park receives a

high amount of recreational use, and the potential for overcollection

is considered a genuine threat. Visitor use has increased within the

last decade, and park users have been observed picking the flowering

plant at Fort Casey State Park (K. Hagerman, pers. comm., 1991). Once

numbering over 500 plants (Hagerman, pers. comm., 1991), the Fort Casey

State Park population had significantly declined to approximately 120

individuals by 1993 (J. Gamon, pers. comm., 1994). Some taxa have

become vulnerable to collection by curiosity seekers as a result of

increased publicity following publication of a listing proposal.

C. Disease or Predation

Disease is not known to be a factor threatening Castilleja

levisecta. Populations may have been reduced from historical levels by

grazing by livestock and browsing by rabbits (Sheehan and Sprague

1984). Browsing of the tops of C. levisecta plants, probably by rabbits

and/or deer, has been observed at the Bocker Environmental Preserve.

The effect of that browsing is unknown, although presumably it could

affect seed number and reproductive viability (K. Ludemann, pers.

comm., 1991). Grazing by livestock and exotic feral rabbits also

threatens the False Bay population (Sheehan and Sprague 1984). In 1990

and 1991 at the Forbes Point site, Klope (pers. comm., 1991) observed

heavy predation on herbaceous material and seeds by rodents. Signs of

predation also were noted there in 1984 and 1985 (Clampitt 1985), which

may be reducing the reproductive potential at that site.

The Rocky Prairie Natural Area Preserve population of Castilleja

levisecta has historically harbored a population of the Whulge

checkerspot butterfly (Euphydryas editha taylori), a state sensitive

species, which is a potential seed predator. Because C. levisecta is

not a specific host and no individual butterflies were observed at the

site in 1991, the threat is probably low at this time (Mark Sheehan,

pers. comm., 1991). Though several species of caterpillar were known to

prey on C. levisecta (Sheehan and Sprague 1984, Evans et al. 1984),

they do not currently pose a threat (R. Schuller, pers. comm., 1991).

Predation by native species is one of the natural pressures

historically faced by Castilleja levisecta, but populations that have

been reduced due to other factors are very vulnerable to decline and

are less able to rebound after periods of heavy predation.

D. The Inadequacy of Existing Regulatory Mechanisms

No legal mechanism for the protection of Castilleja levisecta or

its habitat exists. The species is listed as endangered by the

Washington Natural Heritage Program (Washington Natural Heritage

Program 1990), and as a category R4 species (restricted distribution,

large population) by the province of British Columbia (A. Ceska, pers.

comm., 1991). Four sites are included among the Natural Heritage

Program's Registry of Natural Areas (L. Smith, pers. comm., 1991). The

Rocky Prairie site was acquired by the Washington Department of Natural

Resources for the purpose of protection of C. levisecta and Aster

curtus, a Federal category 2 candidate (R. Schuller, pers. comm.,

1991). All of these designations are important because they recognize

the sensitive status of the species and encourage land managers and

agencies to consider the species in management plans; however, they

provide no protection under the law. Therefore, changing land

management priorities or inadequate funding for protection could leave

the species vulnerable at many of the sites.

Except for the Rocky Prairie Natural Area Preserve population, all

publicly owned Castilleja levisecta populations are managed for

purposes other than plant preservation. Thus, when conflicts between

those purposes and management of the species arise, the primary

function likely will take priority.

The Rocky Prairie Natural Area Preserve population has the highest

level of protection of the 10 sites. Existing on State-owned property

actively managed for plant conservation, this is the only site with

known efforts to eliminate non-native species, including prescribed

burning and hand removal of invasive plants. Efforts by the Washington

Department of Natural Resources to eliminate the invasive Cytisus

scoparius at this site are voluntary, and not based in governmental

statutory requirements; hence, State regulatory protection is not

ensured. The long-term viability of the population continues to face

threats from invasion of woody species and potentially catastrophic

events, such as accidental spills from the nearby highway and railroad

or large, high intensity fires.

The Fort Casey population is also on publicly -owned land, the Fort

Casey State Park. Although present managers are employing limited

protective measures, the plant is vulnerable to picking (see Factor B)

and stochastic events due to the population's small size.

The Forbes Point population occurs on Federal land, on Whidbey

Island Naval Air Station. The Department of Defense is currently

participating in the Washington Registry of Natural Areas Program. A

Navy staff biologist has undertaken measures to evaluate the

population's status. Efforts have also been made to eradicate some

invasive alien species. However, funding for more aggressive means of

protecting the plant, such as fencing to preclude rodent predation and

human trampling, has not been available. Signs have been erected

designating the site as a research area, but there is no enforcement

against public use of this site, which receives considerable foot

traffic associated with a popular beach area nearby (M. Klope, pers.

comm., 1991).

The populations of Castilleja levisecta at Ebey's Landing and the

Bocker Environmental Preserve are also listed on the Washington

Registry of Natural Areas. Ebey's Landing is on private property

surrounded by the Ebey's Island Historic Reserve. The Bocker

Environmental Preserve, owned by Seattle Pacific University, is

currently managed as a natural area used for education purposes, and no

active management to retain grassland habitat exists. Although C.

levisecta is considered in the current management of the Historic

Reserve, the area is not managed specifically for the plant, and the

population is threatened by predation and invasion of woody species.

The West Beach and False Bay populations of the species are on private

property and receive no legal protection.

The Castilleja levisecta populations in Canada also receive no

regulatory protection. Legislation to protect endangered species has

been proposed to the British Columbia government, but currently no

Federal or Provincial law protects sensitive species. Trial Islands,

offshore from the city of Victoria, is designated as an Ecological

Reserve by the British Columbia Ministry of Parks. The small population

at Alpha Islet also is located within a designated Ecological Reserve.

However, this designation does not require specific management

recommendations for the plant. Because this designation is an

administrative one, it could potentially be reversed by administrative

decision, and the site could be used for other purposes (M. Sheehan,

pers. comm., 1990).

The third Canada population of Castilleja levisecta, at Beacon Hill

Municipal Park, is unprotected. The population consists of fewer than

10 plants and occurs in a portion of the park that receives heavy

recreational use (A. Ceska, pers. comm., 1991).

In summary, no comprehensive management plan exists for Castilleja

levisecta, and protection and recovery efforts have not been

coordinated among population sites. Therefore, regulatory mechanisms

are not adequate to ensure the continued existence of this species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Grassland habitat has historically been maintained by periodic

fires that prevented encroachment of woody plant species (Sheehan and

Sprague 1984). Fire suppression in recent years has led to invasion of

grasslands by native species such as Pseudotsuga menziesii, Rosa sp.,

and Berberis aquifolim. Encroachment by non-native species such as

Cytisus scoparius and Hiracium pilosella also occurs. These species are

naturally invasive and tend to become the dominant species in areas

where they occur, competing with Castilleja levisecta for space and

nutrients.

Interspecific competition is a serious threat to the continued

existence of Castilleja levisecta. Loss of grassland habitat due to

invasion of woody species threatens the plant at the Rocky Prairie

Natural Area Preserve (R. Schuller, pers. comm., 1991), Bocker

Environmental Preserve (K. Ludemann, pers. comm., 1991), Ebey's Landing

(Jim Larson, Chief, Division of Natural Resources, National Park

Service, pers. comm., 1991), West Beach (Laura Smith, Associate State

Director, The Nature Conservancy, pers. comm., 1991), and Forbes Point

(M. Klope, pers. comm., 1991) sites. C. levisecta cannot survive under

a closed canopy, and species such as Pseudotsuga menziesii, Rosa sp.,

Berberis aquifolim, and the non-native Cytisus scoparius overtop

Castilleja levisecta. Those species may also outcompete C. levisecta

for root space and nutrients (Sheehan and Sprague 1984). The species

appears to be unable to compete successfully against species that tend

toward monoculture (J. Gamon, pers. comm., 1990).

Control of invasive species and the prevention of conversion of

habitat is difficult. Some efforts have been made to remove

interspecific competitors mechanically or by hand at the population

sites of Castilleja levisecta. However, the practice is expensive,

labor intensive, and dependent upon volunteer workers and discretionary

efforts by land managers (Sheehan and Sprague 1984; R. Schuller, K.

Hagerman, and M. Klope, pers. comm., 1991). At the Rocky Prairie

Natural Area Preserve site, volunteers associated with The Nature

Conservancy and the Washington Department of Natural Resources have

made efforts to control Cytisus scoparius, but it still remains a

threat.

The Castilleja levisecta habitat at four of the Whidbey Island

population sites (Fort Casey State Park, Forbes Point, Bocker

Environmental Preserve, and West Beach) are also threatened with the

succession of tree and shrub communities. If left unchecked,

encroachment of Rosa sp. will soon eliminate the population at the West

Beach site (L. Smith, pers. comm., 1991). Clampitt (1985) noted the

encroachment of several other aggressive plants, specifically Rubus sp.

(blackberry), Vicia sp. (vetch) and Trifolium sp. (clover) onto C.

levisecta habitat at Forbes Point. Invasive shrubs are succeeding in

competition with C. levisecta at the Bocker Environmental Preserve

site. Numbering over 1,200 individuals in 1984, by 1993 the population

had declined significantly to 273 individuals (J. Gamon, pers. comm.,

1994).

In 1985, approximately 10 percent of the Castilleja levisecta

population at the Rocky Prairie Natural Area Preserve site was burned

when a prairie fire was started by sparks from an adjacent railroad

line. Abundance of C. levisecta at the burned site was initially

reduced by about 85 percent within the burned area. Monitoring in

subsequent years has shown a slow recovery of numbers; in 1991 the

population was up to about 50 percent of its pre-fire density.

Experimental burning has since been used at that site to study the

effects of fire on C. levisecta, which is ongoing with no conclusive

results as yet (R. Schuller, pers. comm., 1991). While fire may

temporarily reduce the abundance of C. levisecta, it may also promote

the plant over time by maintaining open prairie habitat that would

otherwise become shrub and forest lands through natural succession.

Trampling by recreationists threatens the plant at several

locations. The few plants that occur at the Beacon Hill Municipal Park

site in Victoria are located in a heavily used area of the park. A

cross country ski event in 1991 apparently damaged the existing clump

of plants (A. Ceska, pers. comm., 1991). The Forbes Point site on

Whidbey Island is accessible to the public; clam diggers have been

observed walking through the Castilleja levisecta site (M. Klope, pers.

comm., 1991).

The isolation and small sizes of Castilleja levisecta populations

make the species vulnerable to extirpation from stochastic (i.e.,

random) events. Because of the disjunct distribution of the plant,

recolonization of a population following a catastrophic elimination is

unlikely. Genetic variability is also reduced in small, isolated

populations, and the chances of adapting to environmental change is

less likely.

Adjacent land use activities also threaten the species' survival.

Conversion of surrounding habitat to later successional stages and

conversion to development eliminate refugia, and limit the ability of

Castilleja levisecta to recolonize areas beyond the existing sites.

Threats from a railroad line, a highway, and a residential area

bordering the Rocky Prairie site include catastrophic fire and chemical

spills. Digging by domestic dogs from nearby subdivisions has destroyed

habitat within the enclosure at Rocky Prairie (R. Schuller, pers.

comm., 1991). Road maintenance adjacent to the West Beach site may have

destroyed that population (S. Erickson, in litt., 1991).

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule. Based on this evaluation, the preferred action is to list

Castilleja levisecta as threatened. Threats to C. levisecta include

habitat destruction and modification through succession of prairie and

grassland habitats to shrub and forest lands; development of property

for industrial, residential and agricultural use; low potential for

expansion and refugia due to constriction of habitat; recreational

picking; predation; absence of legal mandates for protection of the

plant or its habitat; interspecific competition with native and exotic

woody species; and stochastic events due to the small size of the

populations and limited number of individuals.

Because many of the sites are designated as preserves or afforded

some level of protection through current management efforts, the

species is not currently in danger of extinction. However, because the

species' distribution is much reduced from historic records, and the

current sites face threats from the factors listed above, Castilleja

levisecta is likely to become endangered within the foreseeable future

throughout all or a significant portion of its range. The species

therefore fits the definition of threatened as defined by the Act.

Critical habitat is not being proposed for this species for reasons

discussed in the Critical Habitat section of this rule.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat concurrently with determining a species to be

endangered or threatened. The Service finds that designation of

critical habitat is not prudent for this species. Such a determination

would result in no known benefit to Castilleja levisecta. As discussed

above under Factor B in the Summary of Factors Affecting the Species,

C. levisecta is vulnerable to taking. Publication of precise maps and

critical habitat descriptions in the Federal Register would be likely

to increase the degree of threats from taking and vandalism, and would

increase enforcement problems. All involved parties and landowners have

been notified of the importance of the species' habitat. Protection of

its habitat will be addressed through the recovery and section 7

consultation processes. Therefore, the Service finds that designation

of critical habitat for C. levisecta is not prudent at this time,

because a designation would increase the degree of threat from

vandalism, collecting, and other human activities, and because it is

unlikely to aid in the conservation of this species.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

conservation actions by Federal, State, and private agencies, groups,

and individuals. Recovery efforts encourage communication and

cooperative efforts among various land managers and owners. The Act

provides for possible land acquisition and cooperation with the State

and requires that recovery actions be carried out for all listed

species. That would encourage protection and recovery efforts at Rocky

Prairie Natural Area Preserve and Fort Casey State Park, sites owned by

the State of Washington. The protection required by Federal agencies

and prohibitions against certain activities involving listed plants are

discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is 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 informally with the Service on any action that is likely to

jeopardize the continued existence of a proposed species or result in

destruction or adverse modification of proposed critical habitat. If a

species is subsequently listed, section 7(a)(2) requires Federal

agencies to insure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of a listed

species or to destroy or adversely modify its critical habitat. If a

Federal action may affect a listed species or its critical habitat, the

responsible Federal agency must enter into formal consultation with the

Service. The population of Castilleja levisecta at Forbes Point occurs

on Federal land at Whidbey Island Naval Air Station. Any Federal

actions there would be subject to section 7 requirements.

The Act and implementing regulations found at 50 CFR 17.71 and

17.72 set forth a series of general prohibitions and exceptions that

apply to all threatened plants. With respect to Castilleja levisecta,

all trade prohibitions of section 9(a)(2) of the Act, implemented by 50

CFR 17.61, would apply. These prohibitions, in part, make it illegal

with respect to any endangered or threatened plant 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 this species in interstate

or foreign commerce; remove and reduce to possession the species from

areas under Federal jurisdiction; maliciously damage or destroy any

such species on any area under Federal jurisdiction; or remove, cut,

dig up, damage, or destroy any such endangered or threatened plant on

any other area in knowing violation of any State law or regulation or

in the course of any violation of a State criminal trespass law. Seeds

from cultivated specimens of threatened plant species are exempt from

these prohibitions provided that a statement of ``cultivated origin''

appears on their containers. Certain exceptions apply to agents of the

Service and State conservation agencies. The Act and 50 CFR 17.62 and

17.63 also provide for the issuance of permits to carry out otherwise

prohibited activities involving endangered and threatened plant species

under certain circumstances. It is anticipated that few trade permits

would ever be sought or issued because the species is not common in

cultivation or in the wild. Requests for copies of the regulations on

plants and inquiries regarding them may be addressed to the Office of

Management Authority, U.S. Fish and Wildlife Service, 4401 North

Fairfax Drive, Room 420C, Arlington, Virginia 22203-3507 (703/358-

2104).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species and

the reasons why any habitat of this species should or should not be

determined to be critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities and their possible impacts on

this species.

The final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final regulation that differs

from this proposal. The Endangered Species Act provides for a public

hearing on this proposal, if requested. Requests must be received

within 45 days of the date of publication of this proposal. Such

requests must be made in writing and sent to the Field Supervisor,

Boise Field Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to section 4(a) of the Endangered

Species Act. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

References Cited

Clampitt, C. 1985. Report: Census of Castilleja levisecta population

at Forbes Point. Prepared for L. Smith, The Nature Conservancy,

Washington Field Office, Seattle, Washington. 4pp.

Evans, S., R. Schuller, and E. Augenstein. 1984. A report on

Castilleja levisecta Greenman at Rocky Prairie, Thurston County,

Washington. Unpubl. Report to The Nature Conservancy, Washington

Field Office, Seattle, Washington. 56pp.

Greenman, J.M. 1898. Some new and other noteworthy plants of the

Pacific Northwest. Bot. Gaz. 25:261-269.

Heckard, L.R. 1962. Root parasitism in Castilleja. Bot. Gaz. 124:21-

29.

Hitchcock, C.L., and A. Cronquist. 1978. Flora of the Pacific

Northwest. Univ. of Washington Press, Seattle.

Sheehan, M., and N. Sprague. 1984. Report on the status of

Castilleja levisecta. Unpubl. Report submitted to the U.S. Fish and

Wildlife Service, Portland, Oregon. 82pp.

Washington Natural Heritage Program. 1990. Endangered, threatened

and sensitive vascular plants of Washington. Department of Natural

Resources, Olympia. Second printing. 52pp.

Authors

The primary author of this proposed rule is Alison Beck Haas, Boise

Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

as set forth below:

PART 17--[AMENDED]

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

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under the family Scrophulariaceae, to the List of

Endangered and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

----------------------------------------------------------------------------------------------------------------

Species

------------------------------------------- Historic range Status When listed Critical Special

Scientific name Common name habitat rules

----------------------------------------------------------------------------------------------------------------

* * * * * * *

Scrophulariaceae--Sn

apdragon family:

* * * * * * *

Castilleja Golden paintbrush... U.S.A. (WA, OR), T ........... NA NA

levisecta. Canada (B.C.).

* * * * * * *

----------------------------------------------------------------------------------------------------------------

Dated: April 25, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 94-11257 Filed 5-9-94; 8:45 am]

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