Endangered and Threatened Wildlife and Plants; Endangered Status for Three Plants and Threatened Status for One Plant From Sandy and Sedimentary Soils of Central Coastal California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018--AB73

Endangered and Threatened Wildlife and Plants; Endangered Status

for Three Plants and Threatened Status for One Plant From Sandy and

Sedimentary Soils of Central Coastal California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act), for three plants: Chorizanthe pungens var. hartwegiana

(Ben Lomond spineflower (also previously known as Hartweg's

spineflower)), Chorizanthe robusta (inclusive of var. hartwegii and

var. robusta) (robust spineflower), and Erysimum teretifolium (Ben

Lomond wallflower). The Service also determines threatened status for

one plant: Chorizanthe pungens var. pungens (Monterey spineflower).

These four taxa occur in coastal habitats of southern Santa Cruz and

northern Monterey Counties and are imperiled by one or more of the

following factors: Habitat destruction due to residential and golf

course development, agricultural land conversion, sand mining, military

activities, and encroachment by alien plant species. This rule

implements the protection and recovery provisions afforded by the Act

for these plants.

EFFECTIVE DATE: March 7, 1994.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the U.S.

Fish and Wildlife Service, Ventura Field Office, 2140 Eastman Avenue,

Suite 100, Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Connie Rutherford at the above address

(805/644-1766).

SUPPLEMENTARY INFORMATION:

Background

Chorizanthe pungens Benth. var. hartwegiana Reveal & Hardham,

Chorizanthe robusta Parry var. hartwegii (Benth. in A. DC), and

Erysimum teretifolium Eastwood are endemic to sandstone and mudstone

deposits in the Santa Cruz Mountains in Santa Cruz County, California.

Chorizanthe pungens Benth var. pungens and Chorizanthe robusta Parry

var. robusta are endemic to sandy soils of coastal habitats in southern

Santa Cruz and northern Monterey Counties.

The Santa Cruz Mountains are a relatively young range composed of

igneous and metamorphic rocks overlain by thick layers of sedimentary

material uplifted from the ocean floor and ancient shoreline zone

(Caughman and Ginsberg 1987). These ancient marine terraces persist as

pockets of sandstones and limestones that are geologically distinct

from the volcanic origins of the range. Soils that form from these

sandstone and limestone deposits tend to be coarse and, at least

surficially, lose soil moisture rapidly. The more mesic slopes of the

Santa Cruz Mountains are covered primarily by redwood forest (Zinke

1988) and mixed evergreen forest (Sawyer et al. 1988).

In contrast, the drier pockets of sandstone and limestone, referred

to as the ``Ben Lomond sandhills'' (Thomas 1961), support two unique

communities--maritime coast range ponderosa pine forest and northern

maritime chaparral (Griffin 1964, Holland 1986). The ponderosa pine

forest, locally referred to as ``ponderosa pine sandhill'' or

``ponderosa pine sand parkland'' (California Native Plant Society 1986,

Marangio and Morgan 1987), consists of an open park-like forest of

scattered ponderosa pine (Pinus ponderosa) with knobcone pine (Pinus

attenuata), coast live oak (Quercus agrifolia), and at a few sites, the

federally endangered Santa Cruz cypress (Cupressus abramsii). These

stands intergrade with another unique community, northern maritime

chaparral, locally referred to as silver-leaf manzanita mixed chaparral

(Marangio 1985, Marangio and Morgan 1987), and are dominated by the

endemic silver-leaved manzanita (Arctostaphylos silvicola).

As uplift of the Santa Cruz Mountains proceeded, some of the raised

marine terraces of sandstone and limestone were buried beneath layers

of sedimentary material deposited by flowing water. Pockets of this

alluvial material, referred to as Santa Cruz mudstone, persisted during

this process of mountain uplifting and alluvial movement. In the Scotts

Valley area, mudstone outcrops support annual grasses and herbaceous

species. These communities were referred to as annual grasslands and

wildflower fields by Holland (1986).

Discussion of the Four Species

In California, the spineflower genus (Chorizanthe) in the buckwheat

family (Polygonaceae) comprises species of wiry annual herbs that

inhabit dry sandy soils along the coast and inland. Because of the

patchy and limited distribution of such soils, many species of

Chorizanthe tend to be highly localized in their distribution.

One subsection of the genus referred to as Pungentes consists of

seven species distinguished by the following features: The inner and

outer tepals (petal-like sepals) are of equal length and are entire or

lobed but not fringed, filaments are free, involucres (whorl of bracts

subtending the flowers) are 6-toothed with the alternating three

shorter and the anterior one slightly long-awned, involucral margins

are not continuously membranaceous across the sinuses, the number of

stamens are variable (3-9), and plants are decumbent to erect with

spreading pubescence and are distributed mainly on or near the coast

from Santa Barbara County northward to Mendocino (Reveal and Hardham

1989).

Although three of the seven species in the section Pungentes are

still thought to be common, the remaining four species are becoming

increasingly rare. Two of these species (Chorizanthe howellii and C.

valida) were listed as endangered on June 22, 1992 (57 FR 27848). The

remaining two species, C. pungens and C. robusta, inclusive of their

varieties, are subjects of this rule.

Chorizanthe pungens was first described by George Bentham in 1836

based on a specimen collected in Monterey. This taxon was recognized by

George Goodman in 1934 as the type species in describing the Pungentes

section of the genus. At that time, Goodman also recognized C. pungens

var. hartwegii, previously described and identified as C. douglasii

var. hartwegii by Bentham in 1856. It was named after Karl Hartweg who

collected the type from ``dry mountain pastures near Santa Cruz'' in

1847 (Reveal and Hardham 1989).

Chorizanthe pungens var. hartwegiana was distinguished from C.

pungens var. pungens by James Reveal and Clare Hardham (1989) after

they noticed a difference between the coastal form and an inland form

found ``in the Ben Lomond sand hills area.'' The name Chorizanthe

pungens var. pungens was retained to represent the coastal form of the

plant. Reveal and Hardham noted that the type for C. pungens var.

hartwegiana was dissimilar to the plant that was called C. pungens var.

hartwegii.

The recent article describing Chorizanthe (Reveal and Hardham 1989)

treats C. pungens var. pungens and C. pungens var. hartwegiana as

distinct varieties. Though Hickman (1993) did not treat Chorizanthe

pungens var. hartwegiana separately in The Jepson Manual, he did state

that plants with ``more erect petals with pink to purple involucral

margins have been called var. hartwegiana Rev. & Hardham.'' For the

purposes of this final rule, the Service lists C. pungens var. pungens

and C. pungens var. hartwegiana separately because the former variety

qualifies for threatened status and the latter qualifies for endangered

status under the Act. Even if the conservative Hickman (1993) treatment

were used, C. pungens (inclusive of vars. pungens and hartwegiana)

faces the same threats as described under the section entitled

``Summary of Factors Affecting the Species'' and would qualify for

listing under the Act.

Chorizanthe robusta was first described by Charles Parry in 1889

based on a collection he made 6 years earlier ``north of Aptos along

Monterey Bay'' (Parry 1889). Willis Jepson considered it to be a

variety of C. pungens and thus combined the taxon under the name C.

pungens var. robusta in his Flora of California in 1914 (Jepson 1914).

In their revision of the genus in 1989, Reveal and Hardham (1989)

recognized Parry's treatment and retained the taxon as C. robusta.

Although they placed in this synonymy the type of C. pungens var.

hartwegii, Reveal and Hardham noted that the definition of the taxon

was still not settled with their review.

Concurrent with the publication of the Reveal and Hardham revision,

the first collection in over 50 years was made of the inland form that

matched Hartweg's original collection made in 1847. Reveal was

therefore able to reconfirm its affinity with Chorizanthe robusta,

while recognizing the distinctness of this taxon as a variety. Reveal,

along with local botanist Randall Morgan, published the combination C.

robusta var. hartwegii (Reveal and Morgan 1989), inclusive of the type

of C. pungens var. hartwegii.

The recent article describing Chorizanthe robusta var. hartwegii

(Reveal and Morgan 1989) treats C. robusta var. robusta and C. robusta

var. hartwegii as distinct varieties. Though Hickman (1993) did not

treat C. robusta var. hartwegii separately in The Jepson Manual, he did

state that plants with ``more erect petals with pink involucral margins

have been called var. hartwegii (Benth.) Rev. & R. Morgan.'' For the

purposes of this listing, the Service adds the entire species of C.

robusta (inclusive of C. robusta var. hartwegii and C. robusta var.

robusta) to the List of Endangered and Threatened Wildlife and Plants.

During the Service's review of a petition to list Chorizanthe

robusta var. hartwegii, Dr. John Thomas questioned the taxonomic

validity of Chorizanthe robusta var. hartwegii (John Thomas, Stanford

University, in litt., 1990). To address these concerns, the Service

reviewed specimens of Chorizanthe robusta var. hartwegii and other

closely related taxa in the Pungentes subsection of the genus with

plant taxonomists at the University of California. The Service's review

indicates that specimens ascribed to C. pungens and C. robusta have

five morphologically recognizable phases that correspond to ecological

and geographical patterns. Four of these five phases generally

correspond to C. pungens var. pungens, C. pungens var. hartwegiana, C.

robusta var. robusta, and C. robusta var. hartwegii. The fifth phase

consists of specimens that were identified as C. robusta or C. pungens

(Ertter 1990). This final rule, by addressing the subject four

varieties of Chorizanthe, includes all five phases reviewed.

Chorizanthe pungens var. pungens and Chorizanthe robusta var.

robusta are endemic to sandy soils of coastal habitats in southern

Santa Cruz and northern Monterey Counties. The inner rim of Monterey

Bay is characterized by broad, sandy beaches backed by an extensive

dune formation. Just inland from the immediate coast, maritime

chaparral occupies areas with well-drained soils. Coastal dune and

coastal scrub communities exist along the inner rim of Monterey Bay,

but portions were affected by habitat modification or destruction.

Chorizanthe pungens var. pungens (Monterey spineflower) has white

(rarely pinkish) scarious margins on the involucral lobes and a

prostrate to slightly ascending habit that distinguish it from

Chorizanthe pungens var. hartwegiana. The aggregate of flowers (heads)

tend to be small (less than 1 centimeter (cm) (0.4 inches (in)) in

diameter) and either distinctly or indistinctly aggregate. The plant is

found scattered on sandy soils within coastal dune, coastal scrub,

grassland, maritime chaparral, and oak woodland communities along and

adjacent to the coast of southern Santa Cruz and northern Monterey

Counties and inland to the coastal plain of Salinas Valley.

Historically, the plant ranged along the coast from southern Santa Cruz

County south to northern San Luis Obispo County and from Monterey

inland to the Salinas Valley. Only one collection dating from 1842 was

made from northern San Luis Obispo County; however, in recent years it

was not collected south of Monterey Peninsula (Reveal and Hardham

1989).

Along the immediate coast, Chorizanthe pungens var. pungens was

documented at Manresa State Beach and the dunes near Marina. The plant

probably was extirpated from a number of historical locations in the

Salinas Valley, primarily due to conversion of the original grasslands

and valley oak woodlands to agricultural crops (Reveal and Hardham

1989). Significant populations of Chorizanthe pungens var. pungens,

representing upwards of 70 percent of the range of the plant, were

recently documented from Fort Ord (Army Corps of Engineers 1992). These

surveys indicated that within grassland communities the plant occurs

along roadsides, in firebreaks, and in other disturbed sites. In oak

woodland, chaparral, and scrub communities, the plants occur in sandy

openings between shrubs. In older stands with a high cover of shrubs,

the plant is restricted to roadsides and firebreaks that bisect these

communities. The highest densities of C. pungens var. pungens are

located in the central portion of the firing range, where disturbance

is the most frequent. Although studies were not conducted on factors

that determine the pattern of distribution and the densities of C.

pungens var. pungens on Fort Ord, a correlation exists between open

conditions resulting from activities that disturb habitat and high

densities of C. pungens var. pungens. Prior to onset of human use of

this area, this species was possibly restricted to openings created by

wildfires within these communities.

Chorizanthe robusta (robust spineflower) is comprised of two

varieties: C. robusta var. robusta and C. robusta var. hartwegii. A

description of the species is broken out below by variety.

Chorizanthe robusta var. robusta has thin white to pinkish scarious

margins along the basal portions of the teeth and an erect to spreading

or prostrate habit. The heads are large (1.5 to 2 cm (0.6 to 0.8 in) in

diameter) and distinctly aggregate. The plant once ranged from Alameda

to Monterey Counties, but is currently known only from sandy and

gravelly soils along and adjacent to the coast of southern Santa Cruz

and northern Monterey Counties. Many of the areas from which

collections were made in Alameda and San Mateo Counties were urbanized,

and no new collections were made from there or from Monterey County for

30 years (Ertter 1990). As with C. pungens var. pungens, the coastal

dune and scrub communities were affected by recreational use, urban

development, and military activities, and the coastal plain vegetation

of the Salinas Valley was converted to agricultural crops. The only

known extant populations occur northeast of the city of Santa Cruz on

property recently acquired by the city from the University of

California and near Sunset and Manresa State Beaches, approximately 12

miles away. The total number of individuals of the plant was estimated

to be less than 7,000 in 1990.

Specimens collected from certain populations of Chorizanthe in the

vicinity of Sunset State Beach are ``comparable to Chorizanthe

pungens'' according to Ertter (1990). The Service believes that these

populations are best assigned to Chorizanthe pungens var. pungens.

Chorizanthe robusta var. hartwegii has rose-pink involucral margins

confined to the basal portion of the teeth and an erect habit. The

heads are medium in size (1 to 1.5 cm (0.4 to 0.6 in) in diameter) and

distinctly aggregate. The plant is endemic to Purisima sandstone and

Santa Cruz mudstone in Scotts Valley in the Santa Cruz Mountains. Where

C. robusta var. hartwegii occurs on Purisima sandstone, the bedrock is

overlain with a thin soil layer that supports a meadow community

comprised of herbs and low-growing grasses. The presence of certain

associated species, such as toad rush (Juncus bufonis), sand pigmyweed

(Crassula erecta), mosses, and lichens, suggest a high seasonal

moisture content. Where the plant occurs on Santa Cruz mudstone, the

bedrock is variously mixed with scree or a thin soil layer that also

supports a meadow community of herbs and grasses, though of somewhat

different composition than those on Purisima sandstone, and with a

lower frequency of toadrush, pigmyweed, and lichens (Habitat

Restoration Group 1992).

The only known extant populations of Chorizanthe robusta var.

hartwegii occur in Scotts Valley in the Santa Cruz Mountains north of

the city of Santa Cruz. The plant occurs primarily on pockets of Santa

Cruz mudstones and Purisima sandstones and is associated with annual

grasslands and wildflower fields (Reveal and Morgan 1989). These

islands of unique substrates are host to a number of rare plants. Three

populations of the plant, each consisting of numerous small colonies,

are scattered over an area 1 mile in diameter on three parcels in

private ownership. In 1989, shortly after the taxon was rediscovered,

the total number of individuals was estimated to be approximately 6,000

(California Natural Diversity Data Base (CNDDB) 1990). As a result of

two proposals for development that were pending at the time, additional

surveys were conducted during the next few years. Results of 1992

surveys were that the two populations on land proposed for a

development named Glenwood Estates totalled between 30,000 and 100,000

individuals (Habitat Restoration Group 1992). The numbers of this

annual plant are expected to fluctuate from year to year, depending on

climatic conditions.

Chorizanthe pungens var. hartwegiana (Ben Lomond spineflower) has

dark pinkish to purple scarious margins on the involucral lobes and a

slightly ascending to erect habit. The heads are medium in size (1 to

1.5 cm (0.4 to 0.6 in) in diameter) and distinctly aggregate. The plant

is found on sandy soils that are the basis for the Ben Lomond sandhills

communities in the Santa Cruz Mountains, mostly on privately owned

land. C. pungens var. hartwegiana is confined to outcrops of sandstone

soils in the Santa Cruz Mountains from Big Basin State Park to the

Felton area in the Santa Cruz Mountains. These sandstone soils support

several unique plant communities, including the ponderosa pine-

dominated Ben Lomond sandhills. The majority of occurrences of C.

pungens var. hartwegiana are found on privately owned lands within the

area generally bounded by the communities of Ben Lomond, Glenwood,

Scotts Valley, and Felton.

Erysimum teretifolium (Ben Lomond wallflower) was first collected

at Glenwood, Santa Cruz County, by Horace Davis in 1914. This plant was

described by Alice Eastwood in 1938 as E. filifolium, not realizing

that this combination was already applied to another plant (Eastwood

1938). It was therefore renamed E. teretifolium in the following year

(Eastwood 1939). E. teretifolium is a biennial, or occasionally an

annual, plant of the mustard family (Brassicaceae). Seedlings form a

basal rosette of leaves, which then wither as the main stem develops

flowers clustered in a terminal raceme. The flowers are a deep yellow

with petals 1.3 to 2.5 cm (0.5 to 1.0 in) long; the slender capsule

reaches 10 cm (4.0 in) in length and is covered with three-parted

hairs. The leaves are simple and narrowly linear, a characteristic that

separates this plant from other wallflowers.

Erysimum teretifolium is endemic to pockets of sandstone deposits

in the Santa Cruz Mountains and is presently known from only a dozen

scattered occurrences. These sandstone deposits support the unique

ponderosa pine sandhill community, and E. teretifolium seems to prefer

sites with loose, uncompacted sand in openings between scattered

chaparral shrubs. Chorizanthe robusta var. robusta is found in close

proximity with E. teretifolium at some locations. A dozen populations

of E. teretifolium occur within the area generally bounded by the

communities of Ben Lomond, Glenwood, Scotts Valley, and Felton, with

one outlying population occurring in the Bonny Doon area, 5 miles west

of Felton. One population occurs at Quail Hollow Ranch, which is

jointly owned by Santa Cruz County, The Nature Conservancy, and the

California Department of Fish and Game (CDFG). All other populations

are on privately owned lands.

Previous Federal Action

Federal government actions for one of these four plants began as a

result of section 12 of the Endangered Species Act of 1973, which

directed the Secretary of the Smithsonian Institution to prepare a

report on those plants considered to be endangered, threatened, or

extinct. This report, designated as House Document No. 94-51, was

presented to Congress on January 9, 1975. In the report, Erysimum

teretifolium was recommended for threatened status. On July 1, 1975,

the Service published a notice in the Federal Register (40 FR 27823) of

its acceptance of the report as a petition within the context of

section 4(c)(2) (now section 4(b)(3)(A)) of the Act and of the

Service's intention thereby to review the status of the plant taxa

named within.

The Service published an updated notice of review for plants on

December 15, 1980 (45 FR 82480). This notice included Erysimum

teretifolium as a category 1 candidate (species for which data in the

Service's possession are sufficient to support proposals for listing)

and Chorizanthe pungens var. pungens as a category 2 candidate (species

for which data in the Service's possession indicate listing may be

appropriate, but for which additional biological information is needed

to support listing). In the September 27, 1985, revised notice of

review for plants (50 FR 39526), E. teretifolium was again included as

a category 1 candidate, and C. pungens var. pungens as a category 2

candidate. In the February 21, 1990 (55 FR 6184), notice of review for

plants, E. teretifolium was retained in category 1 and Chorizanthe

pungens var. pungens and Chorizanthe pungens var. hartwegiana in

category 2.

Section 4(b)(3)(B) of the Endangered Species Act, as amended in

1982, requires the Secretary to make findings on certain pending

petitions within 12 months of their receipt. Section 2(b)(1) of the

1982 amendments further requires that all petitions pending on October

13, 1982, be treated as newly submitted on that date. This was the case

for Erysimum teretifolium because the 1975 Smithsonian report was

accepted as a petition. In October 1983, 1984, 1985, 1986, 1987, 1988,

1989, and 1990, the Service found that the petitioned listing of E.

teretifolium was warranted, but that the listing of this species was

precluded by other pending proposals of higher priority.

On May 16, 1990, the Service received a petition from Steve McCabe,

president, and Randall Morgan of the Santa Cruz Chapter of the

California Native Plant Society to list Chorizanthe robusta var.

hartwegii as endangered. Based on a 90-day finding that the petition

presented substantial information indicating that the requested action

may be warranted (55 FR 46080), the Service initiated a status review

of this taxon. During that time the Service also reviewed the status of

Chorizanthe robusta var. robusta. This final rule constitutes the

Service's final finding that the listing of C. robusta, inclusive of

var. robusta and var. hartwegii, as endangered, is warranted, and that

the listing of Erysimum teretifolium as endangered is warranted.

On October 24, 1991 (56 FR 55111), the Service published a proposal

to list Chorizanthe pungens var. hartwegiana, Chorizanthe pungens var.

pungens, Chorizanthe robusta var. hartwegii, Chorizanthe robusta var.

robusta, and Erysimum teretifolium as endangered species. That proposal

was based, in large part, on the survey information, occurrence data,

and information on pending projects that would adversely affect the

five plants. C. robusta consisted of varieties hartwegii and robusta at

the time of the publication of the proposed rule. Because the two C.

robusta varieties, hartwegii and robusta, qualify for endangered

status, this rule lists the entire species. Hence this rule lists four

plants, yet discusses each of the five varieties separately. The

Service now determines C. pungens var. hartwegiana, C. robusta

(inclusive of vars. hartwegii and robusta), and E. teretifolium to be

endangered species, and C. pungens var. pungens to be a threatened

species, with the publication of this rule.

Summary of Comments and Recommendations

In the October 24, 1991, proposed rule (56 FR 55111) and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. A 60-day comment period closed on December 23, 1991.

Appropriate State agencies, county governments, Federal agencies,

scientific organizations, and other interested parties were contacted

and requested to comment. A request for a public hearing was received

from Allan Butler of APC International, Inc. On May 15, 1992, and again

on May 26, 1992, the Service published notices in the Federal Register

(57 FR 20805 and 57 FR 21993) announcing the publication of the

proposal, the public hearing, and the reopening of the comment period

until July 15, 1992. A notice announcing the publication of the

proposal and the public hearing was published in the Santa Cruz

Sentinel on May 18, 1992. The Service conducted a hearing on June 4,

1992, at the Santa Cruz County Government Center in Santa Cruz.

Testimony was taken from 6 p.m. to 8 p.m. Twenty-one parties presented

testimony.

During the comment periods, the Service received written and oral

comments from 48 parties. CDFG, California Department of Parks and

Recreation, The Nature Conservancy, California Native Plant Society,

National Audubon Society, Sierra Club, Environmental Council of Santa

Cruz County, Southridge Watershed Association, and the Resource Defense

Fund were some of the 38 commenters expressing support for the listing

proposal. Eight commenters opposed the listing of Chorizanthe robusta

var. hartwegii. The city of Marina opposed the listing of Chorizanthe

pungens var. pungens. Two commenters, one of whom offered technical

comments on the proposal, were neutral. In addition, results of

additional surveys for the plants (Army Corps of Engineers 1992,

Habitat Restoration Group 1992) were incorporated into this final rule.

Written comments and oral statements obtained during the public hearing

and comment periods are combined in the following discussion. Opposing

comments and other comments questioning the rule were organized into

specific issues. These issues and the Service's response to each are

summarized as follows:

Issue 1: Several commenters felt that there was insufficient

scientific evidence to list Chorizanthe robusta var. hartwegii. Others

stated that the Service used data that were skewed or selectively

chosen to support the listing of this plant; ``relied on the expertise

of an amateur botanist whose opinion [is cited] without investigation

of contrary opinions by, arguably, more qualified professionals;'' and

did not utilize information supplied by Dr. Thomas that challenged the

appropriateness of listing C. robusta var. hartwegii.

Service Response: In preparing the proposed rule, the Service

utilized information from botanical collections and observations that

date from the mid-1800s, as well as data that were submitted to the

Service in response to a request for information made to local and

State agencies and other interested parties. The Service therefore

maintains that the best available commercial and scientific information

was utilized in preparation of the proposed rule. No data were

submitted to support the contention that the Service skewed or

selectively chose data to support the proposal. During preparation of

the proposal, the Service consulted with a number of professional

botanists, and other professional biologists commented during the

comment period. These botanists and biologists gave biological bases

that supported the listing of Chorizanthe robusta var. hartwegii. The

Service, therefore, believes that this determination to list the plant

as endangered under C. robusta is appropriate and is supported by the

botanical community.

Issue 2: Several commenters pointed out that the California Fish

and Game Commission rejected a proposal to State list Chorizanthe

robusta var. hartwegii, and it was, therefore, inappropriate for the

Service to pursue Federal listing due to the ``doctrine of comity''

(the informal and voluntary recognition by courts of one jurisdiction

of the laws and judicial decision of another).

Service Response: The California Fish and Game Commission did not

reject a proposal to State list Chorizanthe robusta var. hartwegii,

rather it determined that not enough information was available to

petition the plant for State listing. The opinions of the California

Fish and Game Commission were not shared by CDFG, which supported the

Federal listing at the public hearing and in writing (Ken Berg, CDFG,

pers. comm., 1992). The Act does not require agreement among State

agencies. Moreover, CDFG, in collaboration with The Nature Conservancy

and the California Native Plant Society, supplied the Service with

data, through the CNDDB (1990), that supports Federal listing of the

four plants.

Issue 3: A few commenters, citing Dr. John Thomas's opinions,

stated that Chorizanthe robusta var. hartwegii is not a distinct taxon.

Others contended that other botanical experts consulted by the Service

``did not reach a conclusion which would change the above view'' and

that their brief reviews were not definitive and did not resolve the

taxonomic questions that were raised. One commenter stated that a

thorough taxonomic revision of the Pungentes subsection of the genus

Chorizanthe was needed.

Service Response: The Service believes that the recognized

authority for the taxonomy of the buckwheat family, Dr. James Reveal,

provided sufficient data to support the taxonomic validity of

Chorizanthe robusta var. hartwegii. Moreover, other botanical experts

consulted by the Service did not provide any information that disputed

the taxonomic validity of this plant. The species C. robusta, inclusive

of vars. robusta and hartwegii, faces threats as described under the

section entitled ``Summary of Factors Affecting the Species,'' hence

even if the conservative Hickman (1993) treatment were used as in The

Jepson Manual, the entire species would qualify for listing under the

Act. The Service agrees that additional taxonomic work on the Pungentes

subsection of the genus Chorizanthe would be desirable, but maintains

that the existing treatment is sufficient to proceed with the listing.

Issue 4: Several commenters contended that adequate regulatory

mechanisms are currently in place, through the California Environmental

Quality Act and the California Endangered Species Act, to protect

Chorizanthe robusta var. hartwegii.

Service Response: The only protection given to State-listed species

is the requirement that landowners give CDFG 10 days notice of any land

use change. The California Environmental Quality Act requires

mitigation for projects that adversely affect listed plants as well as

those that qualify for State listing; however, many mitigation attempts

do not achieve the goal of securing long-term protection for such

plants (Howald 1992). The California Environmental Quality Act process

allowed the city of Scotts Valley to make a statement of overriding

considerations to approve the Glenwood Development Company's project

even though the project will eliminate approximately two-thirds of the

known habitat for Chorizanthe robusta var. hartwegii (City of Scotts

Valley 1992). Furthermore, CDFG was unable to come to agreement with

the Glenwood Development Company on mitigation for impacts to the plant

and compensation for unavoidable losses (Brian Hunter, CDFG, in litt.,

1993). The failure of existing regulatory mechanisms to adequately

protect the plant are further discussed under Factor D in the ``Summary

of Factors Affecting the Species'' section.

Issue 5: One commenter claimed that the Service has no jurisdiction

over Chorizanthe robusta var. hartwegii because it occurs on privately

owned lands, and the plant is neither in interstate commerce nor the

subject of an international treaty and, therefore, is exclusively under

the jurisdiction of the State.

Service Response: Section 4 of the Act directs the Service to

evaluate species for listing based on biological information only, not

land jurisdiction. The five factors on which the biological

vulnerability of species are evaluated are discussed in the ``Summary

of Factors Affecting the Species'' section. Land ownership is not a

factor used to determine whether or not listing is appropriate.

Issue 6: Two commenters stated that data concerning Chorizanthe

robusta var. hartwegii were obtained in violation of State trespass

laws on private land; therefore, such ``illegal evidence'' should be

excluded from consideration in the listing process.

Service Response: The ``trespass'' issue does not involve the

Service, and although the Service does not condone entering private

land without permission, it is charged with using the best commercially

and scientifically available information in preparation of a proposal.

Moreover, information concerning the rarity of Chorizanthe robusta var.

hartwegii, the threats to its continued existence, and information from

surveys on private land were made part of the public record in

environmental assessments that were prepared as required by the

California Environmental Quality Act (City of Scotts Valley 1989,

Harding Lawson Associates 1991).

Issue 7: Several commenters charged that the proposed rule for

Chorizanthe robusta var. hartwegii was promulgated merely to fulfill

requirements of a settlement resulting from the lawsuit filed against

the Service by the California Native Plant Society. They further

contended that this deprived Glenwood Development Company of its rights

and is contrary to the intent and language of the Endangered Species

Act.

Service Response: The California Native Plant Society lawsuit

settlement requires the Service to propose for listing those plant taxa

that were identified as category 1 candidates for listing in the

February 21, 1990, notice of review (56 FR 58804). Of the five taxa

included in the proposed rule, only Erysimum teretifolium was a

category 1 candidate in the February 21, 1991, notice of review, and is

the only one of the four taxa subject to the requirements of the

lawsuit settlement. However, Federal action on all five taxa began

prior to the settlement of the California Native Plant Society lawsuit

(see section on ``Previous Federal Action''). As stated under the

Service Response to Issue 5 above, the Endangered Species Act directs

the Service to list species on the basis of biological vulnerability.

Issue 8: One commenter stated that the Service failed to publish

the proposed rule within 1 year of having received the petition, which

therefore failed to meet statutory time requirements, and requested

that the proposed rule be withdrawn.

Service Response: The Service endeavors to meet statutory

timeframes; however, nothing in the statute suggests that the Service

is required to withdraw proposals because deadlines are missed.

Issue 9: One commenter stated that the Service failed to prepare

environmental assessments as required by the National Environmental

Policy Act.

Service Response: The Service is exempt from preparing

environmental assessments regarding the listing of species pursuant to

the National Environmental Policy Act for reasons outlined in the

Federal Register on October 25, 1983 (48 FR 49244). This is stated in

the proposed rule and this final rule under the section titled

``National Environmental Policy Act.''

Issue 10: One commenter stated that Erysimum teretifolium is a weed

and that he had ``seen it in many places in the county'' and on ``all

kinds of roadbanks,'' presumably meaning that the species is more

widespread than is indicated in the proposed rule. He also felt that

the public should be encouraged to grow it as a garden plant,

presumably to assist in perpetuating the species.

Service Response: No information was submitted to the Service to

substantiate the locations of additional populations of Erysimum

teretifolium. Since the time the proposal was published, no

documentation has been made of additional populations of the plant

found by any botanists that contribute to CNDDB (CNDDB 1993). The

Service, therefore, maintains that this decision is based on the best

and most current information available and that it is sufficient to

warrant making a determination on its status. With regard to the

suggestion to cultivate E. teretifolium as a garden plant, the Service

recognizes the value of maintaining cultivated collections of rare

species. Such collections, however, do not replace protection for

native ecosystems, which is the intent of the Endangered Species Act.

Issue 11: Two agencies (CDFG and California Department of Parks and

Recreation) recommended that the Service list Chorizanthe pungens var.

pungens as threatened rather than endangered.

Service Response: Since publication of the proposal, the Service

has reviewed additional biological information, including surveys for

Chorizanthe pungens var. pungens recently conducted on Fort Ord by an

environmental consulting firm, Jones and Stokes Associates (Army Corps

of Engineers 1992). Substantial new populations were located on Fort

Ord, but the pending disposal of Fort Ord still places these

populations at risk. The Service therefore determined that threatened

status for this plant is appropriate.

Issue 12: Several commenters requested that the Service designate

critical habitat for Chorizanthe robusta var. hartwegii.

Service Response: Under section 4(a)(3)(A) of the Act, the

Secretary must designate critical habitat to the maximum extent prudent

and determinable at the time a species is determined to be endangered

or threatened. In the proposed rule, the Service found that

determination of critical habitat was not prudent for these species. As

discussed under the ``Critical Habitat'' section below, the Service

finds that designation of critical habitat for Chorizanthe robusta,

inclusive of vars. robusta and hartwegii, is prudent but not

determinable at this time. For certain populations that would likely

not be imperiled by the threat of vandalism, collecting, or other human

activities, the Service will propose designation of critical habitat.

Issue 13: One commenter expressed concern that several specimens of

Chorizanthe collected by Yadon from Fort Ord, Monterey County, were not

discussed in the proposed rule. The specimens were originally annotated

as Chorizanthe robusta var. hartwegii by Dr. James Reveal.

Service Response: The specimens that were collected from Fort Ord

were among those that were reviewed by taxonomists at the University

Herbarium and the Jepson Herbarium at the University of California,

Berkeley, prior to preparation of the proposed rule (Ertter 1990). In

their report, the taxonomists indicated that the specimens belong in

Chorizanthe douglasii rather than Chorizanthe robusta. They cite the

well-developed united involucral margins, a feature that separates the

subsection Legnota (which includes Chorizanthe douglasii) from the

seven other subsections of the genus Chorizanthe (which includes the

subsection Pungentes) that do not have united involucral margins

(Ertter 1990, Reveal and Hardham 1989). On the basis of this taxonomic

review, the Service concludes that no confirmed collections of

Chorizanthe robusta var. hartwegii exist from Fort Ord or anywhere else

in Monterey County. No additional discussion concerning the specimens

from Fort Ord has been included in the final rule.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Chorizanthe pungens var.

hartwegiana (Ben Lomond spineflower), Chorizanthe robusta (inclusive of

vars. hartwegii and robusta) (robust spineflower), and Erysimum

teretifolium (Ben Lomond wallflower) should be classified as endangered

species, and Chorizanthe pungens var. pungens (Monterey spineflower)

should be classified as a threatened species. Procedures found at

section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) and

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

provisions of the Act were followed. A species may be determined to be

an endangered or threatened species due to one or more of the five

factors described in section 4(a)(1). These factors and their

application to Chorizanthe pungens Benth. var. hartwegiana Reveal &

Hardham (Ben Lomond spineflower), Chorizanthe pungens Benth. var.

pungens (Monterey spineflower), Chorizanthe robusta Parry (inclusive of

var. hartwegii (Benth. in A. DC) Reveal & Morgan and var. robusta)

(robust spineflower), and Erysimum teretifolium Eastwood (Ben Lomond

wallflower) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Three taxa (Chorizanthe pungens

var. hartwegiana, Chorizanthe robusta var. hartwegii, and Erysimum

teretifolium) are restricted to sandstone and mudstone soils in the

Santa Cruz Mountains. Two taxa (Chorizanthe pungens var. pungens and

Chorizanthe robusta var. robusta) are found only on sandy soils of

coastal and near coastal habitats in southern Santa Cruz and northern

Monterey Counties. These species and their associated habitats are

threatened by one or more of the following: residential and golf course

development, agricultural land conversion, recreational use, sand

mining, dune stabilization projects, and military activities.

Sand quarrying resulted in the direct removal of Chorizanthe

pungens var. hartwegiana habitat, and a currently proposed expansion of

operations at Quail Hollow Quarry may eliminate additional populations.

Residential development on smaller parcels of privately owned lands

also contributed to the elimination of C. pungens var. hartwegiana and

the fragmentation of the remaining habitat. Protective management for

sandhill parkland communities will be developed for one parcel recently

acquired by the State of California.

In the 1870s, limestone quarries began operating in the Bonny Doon

area of the Santa Cruz Mountains, as well as in other locations around

the county (Caughman and Ginsberg 1987). In more recent years, sand

quarrying replaced limestone mining as a viable economic activity. At

least half of the habitat occupied by Chorizanthe pungens var.

hartwegiana is on property owned by sand and gravel companies.

Operations at a number of quarries, including Kaiser 1 and 2, Olympia,

and Quail Hollow, have already extirpated populations of Erysimum

teretifolium (Randall Morgan, botanist, Soquel, California, pers.

comm., 1990). Expanded operations are currently proposed for Quail

Hollow Quarry (John Gilchrist and Associates 1990, Strelow 1993). One

parcel (Quail Hollow Ranch), which was recently acquired by Santa Cruz

County and the State of California, supports a large population of

Chorizanthe pungens var. hartwegiana, as well as other unique species

of the sandhill parklands habitat. Management plans for Quail Hollow

Ranch are under development by Santa Cruz County, hence proposed

recreational facilities may affect populations of both C. pungens var.

hartwegiana and E. teretifolium (County of Santa Cruz 1990). Another

parcel owned by the San Lorenzo Valley Water District also supports

several of the unique elements of the Ben Lomond sandhills habitat,

including Chorizanthe pungens var. hartwegiana. This parcel was badly

damaged by off-road vehicles despite efforts to fence off the area by

the District. Small populations of C. pungens var. hartwegiana are also

known to occur at the Bonny Doon Ecological Preserve, managed by The

Nature Conservancy, and at Big Basin and Henry Cowell State Parks.

These parks, however, have not yet developed management plans for C.

pungens var. hartwegiana.

The remaining coastal dune and coastal scrub habitats that support

Chorizanthe pungens var. pungens were affected by industrial and

residential development, recreational use, and dune stabilization due

to the introduction of non-native species. Along the coast of the north

side of Monterey Peninsula, human and equestrian use threaten scattered

occurrences of Chorizanthe pungens var. pungens, and a development is

planned for a parcel owned by the Pebble Beach Corporation (Vern Yadon,

retired, Museum of Natural History, Pacific Grove, pers. comm., 1991).

Other small scattered occurrences within maritime chaparral habitat may

become affected by residential development and by a realignment of

Highway 101.

Chorizanthe pungens var. pungens was probably extirpated from a

number of historical locations in the Salinas Valley, primarily due to

conversion of the original grassland and valley oak woodland habitat to

agricultural crops. One occurrence at Manzanita County Park near

Prunedale currently is not protected. A route realignment proposed for

Highway 101 in northern Monterey County could destroy scattered

occurrences (R. Morgan, pers. comm., 1991).

The Fort Ord Army Base probably supports the largest extant

population of Chorizanthe pungens var. pungens. In recent years, road

development and construction of an ammunition supply depot on the base

eliminated some C. pungens var. pungens habitat, and fragmented the

remaining habitat. As mitigation for recent construction, the

Department of Defense, with the assistance of the California Native

Plant Society, established a series of small preserves, ranging in size

from 1 to 15 acres, for the purpose of protecting rare species,

including C. pungens var. pungens. The small size of these preserves,

however, is not likely to be sufficient to ensure long-term protection

for the plant. Just prior to publication of the proposal to list the

five taxa under discussion, the Department of Defense announced

intentions to close the base at Fort Ord. The impact that base closure

will have on C. pungens var. pungens is not known at this time but will

largely be determined by the intended uses of the land by the agencies

or entities to which the land will be transferred.

In southern Santa Cruz County, Chorizanthe pungens var. pungens is

known to occur at Sunset and Manresa State Beaches, and within the past

few years, scattered occurrences were found as far north as Day Valley

(R. Morgan, pers. comm., 1991). Populations at Sunset State Beach

possibly were inadvertently affected by trampling and the introduction

of non-native species during dune stabilization projects.

Populations of Chorizanthe robusta var. robusta in coastal dune and

coastal scrub habitats were affected by residential development,

recreational use, and the introduction of non-native species.

Management plans for Chorizanthe robusta var. robusta at Sunset State

Beach are not yet developed. Sunset State Beach has the largest known

population, numbering about 5,000 individuals in 1988 (CNDDB 1993).

Smaller populations of a few hundred each near Manresa State Beach and

on property owned by the city of Santa Cruz are not currently

protected. The city will be developing a management plan to manage the

property as a ``low impact'' park and intends to protect habitat for

the plant (Ken Thomas, City of Santa Cruz, pers. comm., 1993).

A patch of 300 individuals of Chorizanthe robusta var. robusta that

was reported in 1985 from Manresa State Beach could not be relocated in

1990 (CNDDB 1990). Efforts were started at Sunset State Beach to

restore the native dune species by removing the introduced non- native

species (Ferreira 1989). If the presence of Chorizanthe robusta var.

robusta is taken into consideration in areas targeted for such

restoration, impacts to the plant may be avoided.

Virtually the entire range of Chorizanthe robusta var. hartwegii

occurs on three parcels, all in private ownership. Two parcels,

totaling 282 acres, are currently proposed for a residential

development and golf course named Glenwood Estates Development (City of

Scotts Valley 1989). Surveys indicated that suitable habitat for C.

robusta var. hartwegii occupied 12 acres of the 282 acres of the two

Glenwood Estates parcels, and 10 percent of this suitable habitat was

occupied by the C. robusta var. hartwegii (Habitat Restoration Group

1992). One other 116-acre parcel was planned for residential

development, but the ownership was transferred to a software

development and marketing firm that intends to establish world

headquarters on the site. The firm indicated that the pending expansion

of its global headquarters would affect less than 20 percent of the

116-acre parcel (Pat Welch, Borland Corporation, pers. comm., 1993).

The firm expressed intention to set aside habitat for C. robusta var.

hartwegii, but since no legal protection currently exists for any of

the known populations of the plant, C. robusta var. hartwegii is

threatened with the direct destruction of a portion of currently

occupied habitat and with secondary impacts as discussed under Factor

E.

Historical and continuing threats to Erysimum teretifolium include

the direct removal of habitat by sand quarrying and residential

development. Alteration of habitat may also be occurring in the form of

increased canopy density within the Ben Lomond sandhills as a result of

fire suppression. Currently, the only population that is potentially

protected is on the recently acquired Quail Hollow Ranch site; however,

development of recreational facilities is proposed for a portion of the

ranch (County of Santa Cruz 1990). The suppression of wildfires within

the Santa Cruz mountains caused the density of woodland within the pine

sandhill community to increase, which in turn may reduce the

availability of suitable habitat for the plant (California Native Plant

Society 1986).

The largest population of Erysimum teretifolium, located at the

Quail Hollow Quarry, contains about 75 percent of the total number of

known individuals of this species (approximately 5,400 individuals)

(Bittman 1986). This population was already reduced in size by sand

quarrying, and ongoing quarrying will likely continue to reduce the

size of the population. A current proposal to expand mining operations

at this quarry would eliminate habitat supporting several hundred

individuals of E. teretifolium, as well as an undetermined number of

Chorizanthe pungens var. hartwegiana (Strelow 1993). Of the remaining

populations, none comprise over 400 individuals, and about half total

less than 100 individuals each (Bittman 1986). Aside from the largest

population, several of the smaller populations were also reduced in

size by quarrying, as well as by development of private lots.

Occurrences of the plant were repeatedly vandalized in the Bonny Doon

area (California Native Plant Society 1986), apparently by landowners

intent on developing their properties. Quail Hollow Ranch, a site which

supports less than 300 plants, was recently acquired as a park through

the joint efforts of The Nature Conservancy, Santa Cruz County, and the

State of California. However, management plans developed for the county

portion of Quail Hollow Ranch may include development of recreational

facilities, which may affect E. teretifolium (County of Santa Cruz

1990).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. No evidence of collection for commercial,

scientific, recreational, or educational purposes exists; however, acts

of vandalism have impacted Erysimum teretifolium and Chorizanthe

pungens var. hartwegiana. In addition, increased awareness of the need

for protection of these species could increase the threat of vandalism

to these plants and their habitats.

At least one population of Erysimum teretifolium was destroyed by a

private landowner during and shortly after the plant was processed for

endangered status by CDFG in 1981 (CNDDB 1992). Other occurrences of

vandalism of this species were reported from a sand and gravel mine

(Bittman 1986). A parcel of land owned by the San Lorenzo Valley Water

District that supports several of the unique elements of the Ben Lomond

sandhills habitat, including Chorizanthe pungens var. hartwegiana, was

badly damaged by off-road vehicles despite efforts to fence off the

area by the District.

C. Disease or predation. Two of three populations of Chorizanthe

robusta var. hartwegii were grazed by horses in Scotts Valley. No data

exist to substantiate whether grazing threatens this plant. No

information exists concerning the threat of disease or predation to the

other three plants.

D. The inadequacy of existing regulatory mechanisms. Under the

Native Plant Protection Act (Division 2, Chapter 10, sec. 1900 et seq.

of the Fish and Game Code) and the California Endangered Species Act

(Division 3, Chapter 1.5, sec. 2050 et seq.), the California Fish and

Game Commission listed Erysimum teretifolium as endangered in 1981.

Though both the Native Plant Protection Act and the California

Endangered Species Act prohibit the ``take'' of State-listed plants

(Chapter 10, sec. 1908, and Chapter 1.5, sec. 2080), State law does not

protect the plants from taking via habitat modification or land use

change by the landowner. After CDFG notifies a landowner that a State-

listed plant grows on his or her property, State law requires only that

the landowner notify the agency ``at least 10 days in advance of

changing the land use to allow salvage of such plant'' (Chapter 10,

sec. 1913). Although these State laws provide a measure of protection

to the species, these laws are not adequate to protect the species in

all cases. Numerous activities do not fall under the purview of this

legislation, such as certain projects proposed by the Federal

government and projects falling under State statutory exemptions. Where

overriding social and economic considerations can be demonstrated,

these laws allow project proposals to go forward, even in cases where

the continued existence of the species may be jeopardized or where

adverse impacts are not mitigated to the point of insignificance.

The California Environmental Quality Act requires that

environmental documents disclose the full scope of impacts anticipated

to sensitive resources within a project area. The initial documentation

of a project in Chorizanthe robusta var. hartwegii habitat failed to

include adequate information concerning the presence of and the

potential impacts to this plant. A lawsuit settlement required that

additional surveys of occupied and suitable but unoccupied habitat for

the plant be completed (Jane Haines, Environmental Law Services, in

litt., 1992). However, the lawsuit failed to specify that the

information was to be used in redesigning the project to provide

adequate protection for the plant.

Part of the environmental review process under the California

Environmental Quality Act for projects that result in the loss of sites

supporting these plant species generally includes the development of

mitigation plans. Such plans may involve establishing long-term

protection for certain sites by designating them as ``reserves,''

enhancing degraded sites to improve or extend suitable habitat,

transplanting affected species to an off-site location, and/or creating

artificial habitat. Proponents for the Glenwood Estates Development

proposed a mitigation plan that calls for establishing reserves that

would set aside 0.9 acre of habitat occupied by approximately 90

percent of the total number of Chorizanthe robusta var. hartwegii

individuals, as well as an additional 6 acres of suitable but

unoccupied habitat (APC International, Inc. 1992). Although the project

proponents have the intention of setting aside the largest

concentrations, and therefore the largest number of individuals of C.

robusta var. hartwegii, the distribution of this plant is already so

restricted that any loss would be considered biologically significant.

A review of past mitigation measures applied to other species similar

to C. robusta var. hartwegii in their very narrow distributions have

indicated that such measures failed to adequately effect long-term

protection. Frequently cited reasons include inadequate reserve size,

inadequate buffer zones, and inappropriate adjacent land uses that

result in the disruption of ecological processes affecting soil and

water conditions and pollinator and seed disperser populations (Howald

1992). Furthermore, areas that currently support smaller concentrations

of this plant or areas of suitable habitat that are currently

unoccupied by the plant would not be protected from habitat alteration

and would be lost for future recovery efforts.

Mitigation plans for State-listed species are typically formalized

in a Mitigation Agreement between CDFG and the project proponent.

Although C. robusta var. hartwegii is not currently State listed, CDFG

attempted to secure a Mitigation Agreement because of its concern over

the effects of the project to the plant. However, CDFG was not able to

reach an agreement with the Glenwood Development Company. CDFG believes

that the reserves, as delineated, will not be adequate to ensure long-

term viability of the resources targeted for protection. Furthermore,

no compensation was offered for the loss of resources that will not be

avoided (Hunter, in litt., 1993).

The city of Scotts Valley has regulatory authority over 90 percent

of the lands within the proposed project area. They approved the

project acknowledging that it would have unmitigable impacts to

Chorizanthe robusta var. hartwegii by issuing a statement of overriding

considerations. Although the California Environmental Quality Act

process allows for such approval, the goal of requiring mitigation that

secures long-term protection for plants that qualify for State listing

has not been achieved. The Santa Cruz County Planning Commission, which

has regulatory authority over the remaining 10 percent of the lands

within the proposed project area, recently rejected approval of the

project. This decision, however, is being appealed by the project

proponent to the County Board of Supervisors.

E. Other natural or manmade factors affecting its continued

existence. The introduction of non-native species to coastal dunes for

the purpose of sand stabilization adversely affected native dune flora,

probably including Chorizanthe robusta var. robusta and Chorizanthe

pungens var. pungens. Such introduced species as European beach grass

(Ammophila arenaria), sea-fig (Carpobrotus ssp.), and iceplant

(Mesembryanthemum ssp.) invaded dune habitats and in many cases

outcompeted the native flora. While public agencies are now aware of

the adverse impacts of introducing non-native species, efforts to

restore dune habitats with native species may also result in further

impacts to sensitive plants, if not done properly.

As currently proposed, the Glenwood Estates Development would

destroy numerous small colonies of Chorizanthe robusta var. hartwegii,

but would set aside several reserves for the densest concentrations of

the plant. These reserves would be left as small islands within the

golf course portion of the project. Grading of adjacent portions of the

course may alter surface and subsurface hydrologic processes of these

remaining reserves. In addition, the reserves may be affected by the

application of pesticides, herbicides, and fertilizers on the adjacent

course. Application of such chemicals may alter the balance of

nutrients in the soil and may affect the ability of C. robusta var.

hartwegii to survive, either directly or through competition with

exotic species that may be favored by application of these chemicals

(Edmondson 1987; Carl Wishner, botanist, pers. comm., 1993).

Typically, annuals and other monocarpic plants (individuals that

die after flowering and fruiting), such as the four plants that are the

subject of this final rule, are vulnerable to random fluctuations or

variation (stochasticity) in annual weather patterns and other

environmental factors (Huenneke et al. 1986). All four of the plants

are restricted to habitats of limited distribution within a small

geographic range. All but Chorizanthe pungens var. pungens are

currently vulnerable to stochastic extinction due to their small and

isolated populations. Chorizanthe robusta var. hartwegii and

Chorizanthe robusta var. robusta are particularly threatened by this

factor as C. robusta var. hartwegii is found on Santa Cruz mudstones

and Purisima sandstones within a 1-mile diameter in Scotts Valley in

the Santa Cruz Mountains and C. robusta var. robusta is found in only

three locations over a 12-mile range in southern Santa Cruz County.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these taxa in determining to make this rule

final. Because three of the four plants are threatened by one or more

of the following factors--urban and agricultural development,

recreational use, sand mining, dune stabilization projects, or

extinction from stochastic events--the preferred action is to list

Chorizanthe pungens var. hartwegiana, Chorizanthe robusta (inclusive of

vars. hartwegii and robusta), and Erysimum teretifolium as endangered.

Other alternatives to this action were considered but not preferred

because not listing these species at all or listing these species as

threatened would not provide adequate protection and would not be in

keeping with the purposes of the Act.

Chorizanthe pungens var. pungens is also threatened by the same

factors listed above, as well as by ongoing military activities on the

Fort Ord Army Base and its pending disposal. However, the wider range

and greater number of populations and individuals of this species

indicate that it is not now in danger of extinction throughout a

significant portion of its range, as are the other three species, but

is likely to become endangered within the foreseeable future.

Therefore, the preferred action is to list C. pungens var. pungens as

threatened. Not listing this species would not provide adequate

protection and would not be in keeping with the purposes of the Act.

For reasons discussed below, the Service is not designating critical

habitat for these species at this time.

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 at the time a species is determined to be endangered

or threatened. Section 4(b)(6)(C) further indicates that a concurrent

critical habitat designation is not required if the Service finds that

a prompt determination of endangered or threatened status is essential

to the conservation of the involved species or that critical habitat is

not then determinable. The Service finds that designation of critical

habitat for Chorizanthe robusta and Chorizanthe pungens var. pungens is

prudent but presently not determinable and that designation of critical

habitat for Chorizanthe pungens var. hartwegiana and for Erysimum

teretifolium is not prudent.

The Service will propose designation of critical habitat for

certain populations of Chorizanthe robusta and Chorizanthe pungens var.

pungens that would likely not be imperiled by the threat of vandalism,

collecting, or other human activities. Section 7(a)(2) requires Federal

agencies to insure that their activities are not likely to destroy or

adversely modify critical habitat of a listed species. This stipulation

for Federal agencies is in addition to the requirement to insure that

their actions do not jeopardize the continued existence of federally

listed species. Therefore on lands where Federal actions, funding,

authorizations, or licensing occurs, critical habitat would provide an

added benefit to the conservation of these species. On non-Federal

land, the designation of critical habitat may result in increased

awareness of the need for protection. The designation of critical

habitat could be useful for State landowners because they could use the

designation to identify areas of special concern and to help establish

priorities for their own land management.

Section 4(b)(2) of the Act requires the Service to consider

economic and other impacts of designating a particular area as critical

habitat. The Service must evaluate the effects of activities that occur

within the ranges of these plants. The Service must gather data on

precise habitat needs and ownership boundaries to be able to precisely

define the critical habitat of these two plant taxa. In addition, the

Service must analyze the economic impacts that could result from the

designation of particular areas as critical habitat. Designation of

critical habitat for Chorizanthe robusta and Chorizanthe pungens var.

pungens is currently not determinable due to the need for this type of

information. A proposal to designate critical habitat at this time

would delay this final rule to list the species as threatened or

endangered. The Service believes that a prompt determination of

endangered or threatened status for these species is essential to

ensure the benefits of conservation measures provided to species upon

listing under the Act. Once the Service has gathered the necessary

data, it will publish a proposal to designate critical habitat for

Chorizanthe robusta and Chorizanthe pungens var. pungens.

Each of the four plants face anthropogenic threats (see Factor A

and Factor B in ``Summary of Factors Affecting the Species''), and many

of the remaining populations of these species occur on privately owned

property for which development is proposed or on which vandalism has

already been noted. Due to the small number of populations of C.

pungens var. hartwegiana and Erysimum teretifolium and the documented

vandalism and proposed development of their habitats, the publication

of precise maps and descriptions of critical habitat in the Federal

Register would make them more vulnerable to such incidents and could

contribute to their decline. In addition, no known Federal action,

authorization, licensing, or funding on these lands exist, hence a

designation of critical habitat would provide no additional protection

under section 7 of the Act. Therefore, it would not be prudent to

designate critical habitat for these two species. The appropriate

agencies and landowners can be notified of the locations and management

needs of these plants. Protection of these populations will be

addressed through the recovery process.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species 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. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

The protection required of Federal agencies and the prohibitions

against certain activities involving listed plants are discussed, in

part, below.

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

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(2) requires Federal agencies to insure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of such a species or to destroy or

adversely modify its critical habitat. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Federal activities potentially impacting one or more of the four

taxa include road and building construction projects and perhaps

waterfowl management practices on Federal land. Populations of one of

the four plants occur, at least in part, on Federal land. Fort Ord,

which is managed by the Department of Defense, supports populations of

Chorizanthe pungens var. pungens on the western and southern portion of

the base. The Department of Defense indicated that closure and transfer

of the base at Fort Ord will be phased over many years. Therefore,

potential impacts to C. pungens var. pungens as a result of the land

transfer cannot be determined at this time. C. pungens var. pungens is

also thought to occur on the Salinas River National Wildlife Refuge,

which is managed by the U.S. Fish and Wildlife Service; currently no

activities occur on the Refuge that are known to affect the C. pungens

var. pungens.

Activities relating to the discharge of fill materials into waters

of the United States and other special aquatic sites are regulated by

section 404 of the Clean Water Act and may affect Chorizanthe pungens

var. hartwegiana and Erysimum teretifolium where they occur adjacent to

sand quarry operations. The pending proposal to develop the two

Glenwood Estates parcels in Scotts Valley may also involve the

discharge of fill materials. The Army Corps of Engineers would be

required to consult with the Service on any section 404 permitting

actions that may affect these species.

The Act and its implementing regulations found at 50 CFR 17.61,

17.62, and 17.63 for endangered species and 17.71 and 17.71 for

threatened species set forth a series of general prohibitions and

exceptions that apply to all endangered or threatened plants. With

respect to the four plant taxa that are the subject of this final rule,

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

CFR 17.61 and 17.71, apply. These prohibitions, in part, make it

illegal for any person subject to the jurisdiction of the United States

to import or export, transport in interstate or foreign commerce in the

course of a commercial activity, sell or offer for sale in interstate

or foreign commerce, or to remove and reduce to possession any such

species from areas under Federal jurisdiction. Seeds from cultivated

specimens of threatened plant species, in this case Chorizanthe pungens

var. pungens, are exempt from these prohibitions provided that a

statement of ``cultivated origin'' appears on their containers. In

addition, for listed plants, the Act prohibits malicious damage or

destruction of any such species on any area under Federal jurisdiction,

and the removal, cutting, digging up, or damaging or destroying any

such species 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. 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 or threatened plant species under

certain circumstances. It is anticipated that few trade permits would

ever be sought or issued because the four plant species are 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, room 420C,

4401 North Fairfax Drive, Arlington, Virginia 22203-3507 (703/358-

2104).

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 of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

References Cited

APC International, Inc. 1992. Letter to Robert J. Hannah, dated

October 6, 1992.

Army Corps of Engineers, Sacramento District. 1992. Flora and fauna

baseline study of Fort Ord, California. December. With technical

assistance from Jones and Stokes Associates, Inc. (JSA 90-214)

Sacramento, California.

Bittman, R. 1986. Element conservation plan for Erysimum

teretifolium. The Nature Conservancy, San Francisco, California. 5

pp.

California Native Plant Society. 1986. California Native Plant

Status Report for Erysimum teretifolium. Sacramento, California. 3

pp.

California Natural Diversity Data Base. 1990. Unpublished rare plant

occurrence data. Sacramento, California.

California Natural Diversity Data Base. 1992. Unpublished rare plant

occurrence data. Sacramento, California.

California Natural Diversity Data Base. 1993. Unpublished rare plant

occurrence data. Sacramento, California.

Caughman, M., and J.S. Ginsberg. 1987. California Coastal Resource

Guide. University of California Press, Los Angeles.

City of Scotts Valley. 1989. Final supplemental environmental impact

report for Glenwood Estates and Golf Course Development, Scotts

Valley, California. Prepared by Powers & Associates for the City of

Scotts Valley.

City of Scotts Valley. 1992. Resolution #1443.1 of the City Council

of the City of Scotts Valley.

County of Santa Cruz. 1990. Quail Hollow Ranch master plan. Prepared

by Jeff Oberdorfer & Associates, Inc., for the County of Santa Cruz.

Eastwood, A. 1938. Two new wallflowers. Leaflets of Western Botany.

Vol. II, No. 5., p. 73.

Eastwood, A. 1939. Erysimum filifolium. Leaflets of Western Botany.

Vol. II, No. 8., p. 144.

Edmondson, J. 1987. Hazards of the game. Audubon. November 1987, pp.

24-37.

Ertter, B. 1990. Report on the results of a panel to evaluate the

taxonomic validity of Chorizanthe robusta var. hartwegii.

Unpublished report submitted to the U.S. Fish and Wildlife Service.

Ferreira, J. 1989. Project status report on dune restoration at

Sunset State Beach. Unpublished report no. 219-410-01-04. California

Department of Parks and Recreation.

Griffin, J.R. 1964. Isolated Pinus ponderosa forests on sandy soils

near Santa Cruz, California. Ecology 45 (1964):410-412.

Habitat Restoration Group. 1992. Glenwood Estates rare plant survey.

Prepared for the City of Scotts Valley, September 3, 1992.

Harding Lawson Associates. 1991. Polo Ranch draft environmental

impact report. Prepared for the City of Scotts Valley.

Hickman, J.C. 1993. Chorizanthe. In: Hickman, J.C. (ed.). The Jepson

Manual; Higher Plants of California. University of California Press,

Berkeley, California. Pp. 856-860.

Holland, R.F. 1986. Preliminary descriptions of the terrestrial

natural communities of California. Unpublished report, California

Department of Fish and Game, Sacramento, California.

Howald, A.M. 1992. Finding effective approaches to endangered plant

mitigation. Unpub. rept. California Department of Fish and Game,

Yountville Office.

Huenneke, L.F., K. Holsinger, and M.E. Palmer. 1986. Plant

population biology and the management of viable plant populations.

In: Wilcox, B.A., P.E. Brussard, B.G. Marcot (eds.). The Management

of Viable Populations: Theory, Applications, and Case Studies.

Center for Conservation Biology, Stanford University, Stanford,

California. Pp. 169-183.

Jepson W.L. 1914. Polygonaceae. A flora of California, vol. 1, part

4: 376-428. Associated Students Store, University of California,

Berkeley.

John Gilchrist and Associates. 1990. Santa Cruz Aggregates Quail

Hollow Quarry revised draft environmental impact report. Prepared

for the County of Santa Cruz.

Marangio, M.S. 1985. Preservation study: sandhills biotic

communities of Santa Cruz County, California. Unpublished master's

thesis, University of California, Berkeley.

Marangio, M.S., and R. Morgan. 1987. The endangered sandhills plant

communities of Santa Cruz County. In: Elias, T.S. (ed.).

Conservation and management of rare and endangered plants.

California Native Plant Society, Sacramento. Pp. 267-274.

Parry, C.C. 1889. Chorizanthe, R. Brown. Review of certain species

heretofore improperly characterized or wrongly referred; with two

new species. Proc. Davenport Academy of Natural Sciences 5:174-184.

Reveal, J.L., and C.B. Hardham. 1989. A revision of the annual

species of Chorizanthe (Polygonaceae: Eriogonoideae). Phytologia

66:98-198.

Reveal, J.L., and R. Morgan. 1989. A new combination in Chorizanthe

robusta C. Parry (Polygonaceae: Eriogonoideae) from California.

Phytologia 67(5):357-360.

Sawyer, J.O., D.A. Thornburgh, and J.R. Griffin. 1988. Mixed

evergreen forest. In: Barbour, M.G., and J. Major (eds.).

Terrestrial Vegetation of California. California Native Plant

Society, Special Publication No. 9. Pp. 359-381.

Strelow, S. 1993. Revised draft environmental impact report for

Santa Cruz Aggregates, Quail Hollow Quarry.

Thomas, J.H. 1961. Flora of the Santa Cruz Mountains of California.

Stanford University Press, Stanford, California.

Zinke, P.J. 1988. The redwood forest and associated north coast

forests. In: Barbour, M.G., and J. Major (eds.). Terrestrial

Vegetation of California. California Native Plant Society, Special

Publication No. 9. Pp. 679-698.

Author

The primary author of this final rule is Connie Rutherford, Ventura

Field Office (see ADDRESSES section), telephone 805-644-1766.

List Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulations Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations is amended 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; Public Law 99-625, 100 Stat. 3500; unless otherwise

noted.

2. Amend Sec. 17.12(h) by adding the following, in alphabetical

order under the families ``Brassicaceae--Mustard family'' and

``Polygonaceae-- Buckwheat family,'' 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

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

* * * * * * *

Brassicaceae--Mustard family:

* * * * * * *

Erysimum teretifolium....... Ben Lomond wallflower........... U.S.A. (CA).................... E 528 NA NA

* * * * * * *

Polygonaceae--Buckwheat family:

* * * * * * *

Chorizanthe pungens var. Ben Lomond spineflower.......... U.S.A. (CA).................... E 528 NA NA

hartwegiana.

* * * * * * *

Chorizanthe pungens var. Monterey spineflower............ U.S.A. (CA).................... T 528 NA NA

pungens.

* * * * * * *

Chorizanthe robusta......... Robust spineflower.............. U.S.A. (CA).................... E 528 NA NA

* * * * * * *

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

Dated: January 31, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-2547 Filed 2-3-94; 8:45 am]

BILLING CODE 4310-55-P