Endangered and Threatened Wildlife and Plants; Endangered or Threatened Status for Five Plants and the Morro Shoulderband Snail From Western San Luis Obispo County, California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB73

Endangered and Threatened Wildlife and Plants; Endangered or

Threatened Status for Five Plants and the Morro Shoulderband Snail From

Western San Luis Obispo County, 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 (Act),

as amended, for four plants and one land snail: Cirsium fontinale var.

obispoense (Chorro Creek bog thistle), Clarkia speciosa ssp. immaculata

(Pismo clarkia), Eriodictyon altissimum (Indian Knob mountainbalm),

Suaeda californica (California sea-blite), and the Morro shoulderband

snail (Helminthoglypta walkeriana); and threatened status for one

plant: Arctostaphylos morroensis (Morro manzanita). All six species are

found along the coast of San Luis Obispo County, California. The five

plant taxa are threatened by one or more of the following: Residential

development, road maintenance activities, competition from alien

plants, recreational activities, grazing, water diversions, dredging,

and stochastic (i.e., random) extinction by virtue of the small and

isolated nature of the remaining populations. The Morro shoulderband

snail is threatened by destruction of habitat, competition with a

common garden snail, and perhaps stochastic extinction. This rule

implements the Federal protection and recovery provisions afforded by

the Act for these five plants and the Morro shoulderband snail.

EFFECTIVE DATE: January 17, 1995.

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 Ave.,

Suite 100, Ventura, California, 93003.

FOR FURTHER INFORMATION CONTACT: Constance Rutherford, botanist, at the

above address, or at 805/644-1766.

SUPPLEMENTARY INFORMATION:

Background

Arctostaphylos morroensis, Cirsium fontinale var. obispoense,

Clarkia speciosa ssp. immaculata, Eriodictyon altissimum, Suaeda

californica, and the Morro shoulderband snail are endemic to the

western portion of San Luis Obispo County, California. A. morroensis

and E. altissimum occur as components of several coastal plant

communities, referred to as central coastal scrub, central maritime

chaparral, and coast live oak woodland by Holland (1986). Cirsium

fontinale var. obispoense is found primarily on more inland sites, near

seeps associated with serpentine soils. Clarkia speciosa ssp.

immaculata is a component of grasslands that form a mosaic with

chaparral and oak woodlands. S. californica is found in association

with the northern coastal salt marsh community (Holland 1986) around

Morro Bay. The Morro shoulderband snail is found within the central

coastal dune scrub community (Holland 1986) on the south end of Morro

Bay. These communities have also been described by Holland and Keil

(1990), MacDonald (1988), Griffin (1988), Hanes (1988), Barbour and

Johnson (1988), and Mooney (1988).

The natural communities of western San Luis Obispo County have

undergone a number of changes resulting from both human-caused

activities and natural occurrences. The rapid urbanization of

communities around Morro Bay, the San Luis Obispo area, and the Pismo

Beach area has already eliminated the plants and the snail in portions

of their ranges. Starting in the 1940's, the configuration of Morro Bay

itself was altered by construction of a breakwater that resulted in the

connection of Morro Rock to the mainland north of the Bay, construction

of a marina, deposition of sediments from two watersheds (Los Osos

Creek and Chorro Creek), and dredging of waterways within the Bay

(Gerdes et al. 1974). Since 1935, the spit that envelops the southern

portion of Morro Bay has also been displaced 90 feet landward as a

result of windblown sand into the interior of the Bay (Josselyn et al.

1989). Further urban development and other activities such as

recreation, grazing, and utility construction threaten the remaining

occurrences of these plants and the snail.

Arctostaphylos morroensis (Morro manzanita) was first described by

Wieslander and Schreiber (1939) based on a specimen collected in Hazard

Canyon, south of Morro Bay, which is now within the boundaries of

Montana de Oro State Park. This name has been conserved by McMinn

(1939), Abrams (1944), Munz (1968), and Hoover (1970).

This shrub of the heath family (Ericaceae) reaches 1.5 to 4.0

meters (m) (5 to 13 feet (ft)) high and has oblong to ovate leaves

grey-green to olive-green, 2.5 to 4.0 centimeters (cm) (1 to 1.5 inches

(in)) long, with petioles 2 to 6 millimeters (mm) (0.08 to 0.20 in)

long. The white to pinkish flowers are 5 to 8 mm (0.2 to 0.3 in) long

and form orange-brown fruits 8 to 13 mm (0.3 to 0.5 in) in diameter. A.

morroensis is distinguished from other manzanitas in the area by the

following characters: the bark of the trunk is a shaggy grey to brown,

and the leaf blades are cuneate to rounded or truncate at the base,

with the lower surface paler and usually somewhat tomentose (short

woolly hairs). Occasional specimens of Arctostaphylos morroensis have

exhibited an auriculate leaf base and a leaf petiole short to lacking--

characters more representative of the rare A. cruzensis (Arroyo de la

Cruz manzanita). Recent work by Holland et al. (1990) has clarified the

distinctness of the taxon and its relation to A. cruzensis.

The distribution of Arctostaphylos morroensis has been tied to the

presence of soils derived from ancient sand dunes. These soils are

referred to as Baywood fine sands, which were deposited during the

Pleistocene epoch when sea levels 300 feet lower than current levels

allowed large volumes of sand to blow inland into the Los Osos Valley.

A. morroensis is found in association with coastal dune scrub, maritime

chaparral, and coast live oak woodland communities in sites with no or

low to moderate slopes. On steeper slopes, particularly on the north-

facing slopes of the Irish Hills, A. morroensis occurs in almost pure

stands. At the time the proposal was published (December 23, 1991; 56

FR 66400), the total number of individuals of A. morroensis was

estimated to be 2,000 (McLeod 1991a). Since that time, additional

surveys have resulted in population estimates ranging from 86,000 to

153,000 (McGuire and Morey 1992, LSA Associates 1992).

Based on the distribution of Baywood fine sands in the Morro Bay

area, the historic habitat was estimated at between 800 and 1100

hectares (ha) (2,000 and 2,700 acres (ac)). Much of the area covered by

Baywood fine sands and with no to low slopes have been subject to urban

development, primarily by the communities of Los Osos, Baywood Park,

and Cuesta-by-the-Sea on the south and east sides of Morro Bay. Some

development, however, has also occurred on the steeper north-facing

slopes of the Irish Hills. Approximately 340 to 360 ha (840 to 890 ac)

of Arctostaphylos morroensis remain (LSA Associates 1992); half of this

consists of small or low density patches that remain in and around

developed areas of Los Osos and Baywood Park, and half consists of more

continuous and more dense (at least 50 percent cover by this species)

stands of manzanita. A. morroensis was recently observed to be

reseeding in parcels that had previously supported high densities of

manzanita that had been mechanically cleared (LSA Associates 1992). The

process of clearing may have provided the scarification required to

trigger seed germination.

Approximately 65 percent of the remaining Arctostaphylos morroensis

habitat is within private ownership; the bulk of this is habitat with

high densities of manzanita. Approximately 35 percent of the plant's

habitat is on publicly owned lands within Montana de Oro State Park and

two small preserves managed by California Department of Fish and Game

(CDFG); most of this habitat supports low densities of A. morroensis

(McGuire and Morey 1992).

Cirsium fontinale var. obispoense (Chorro Creek bog thistle) is one

of two rare subspecies of Cirsium fontinale, which was first described

by Edward L. Greene in 1886 as Cnicus fontinalis. Six years later, he

transferred the plant to the genus Carduus, and, in 1901, Jepson

transferred the plant to the genus Cirsium. In 1938, J.T. Howell

described the variety obispoense based on plants collected at Chorro

Creek two years earlier (Abrams and Ferris 1960).

Cirsium fontinale var. obispoense is a rugged short-lived perennial

herb of the aster family (Asteraceae). First year plants form a rosette

that reaches up to a meter (3.3 ft) in diameter; in the second or third

year, the plant produces a branching stalk up to 2 m (6.6 ft) in height

and bearing numerous heads of whitish to pinkish-lavender tinged

flowers. Its nodding flower heads and glandular hairs on the leaves

separate it from other thistles that occur in the area.

Cirsium fontinale var. obispoense is restricted to open seep areas

on serpentine soil outcrops. It is known from only nine locations;

eight are to the south and west of San Luis Obispo, and one is 48

kilometers (km) (30 miles (mi)) to the northwest near San Simeon. The

type locality was surveyed for in 1985; the thistle was not located and

is assumed to be extirpated, probably by cattle grazing (Rocco 1981).

At the time of the last range-wide surveys in 1986, the total number of

individuals numbered less than 3,000 (Friedman 1987). Two populations

comprise approximately 1,000 individuals each; the remaining seven

comprise from 50 to several hundred individuals each. Extant

populations are threatened by trampling from cattle, proposed water

diversions, and road maintenance and may also be declining due to

several years of drought conditions. A recent status report also

indicated that two non-native species, Cytisus monspessulanus (European

broom) and Eucalyptus sp. (Eucalyptus) may be invading bog thistle

habitat at several sites (Wikler and Morey 1992).

Eriodictyon altissimum (Indian Knob mountainbalm) was first

collected on Indian Knob by Philip V. Wells in 1960 and described two

years later (Wells 1962). This diffusely branched evergreen shrub of

the waterleaf family (Hydrophyllaceae) reaches a height of 2 to 4 m

(6.6 to 13 ft). The sticky leaves are long (6 to 9 cm (2.4 to 3.5 in))

and narrow (2 to 4 mm (0.08 to 0.20 in)); the lavender flowers (1.1 to

1.5 cm (0.4 to 0.6 in) long) are arranged in coiled clusters and

produce numerous tiny (0.4 mm (0.02 in) long) seeds. As with other

fire-adapted chaparral plants, E. altissimum produces new growth

primarily from rhizomatous suckers. Only two other narrow-leaved

Eriodictyon occur in southern California; E. angustifolium occurs in

the New York Mountains in the eastern Mojave Desert and has much

smaller flowers. The other, E. capitatum, is restricted to a few

locations in coastal Santa Barbara County and has a distinctly capitate

inflorescence.

Eriodictyon altissimum occurs within coastal maritime chaparral and

oak woodlands and co-occurs with Arctostaphylos morroensis in several

locations. Vanderwier (1987) did a detailed study of chaparral and oak

woodland communities at the type locality for E. altissimum. Only six

stands are known, which range from the south end of Morro Bay to Indian

Knob, between San Luis Obispo and Arroyo Grande. The rugged terrain in

the Irish Hills (between Morro Bay and Indian Knob) has precluded

extensive botanical surveying that may have identified other stands of

E. altissimum. With discovery of an extension of the stand at Indian

Knob two years ago, the largest known stand comprises 350 individuals

(Lynn Dee Oyler, botanical consultant, pers. comm., 1991). Currently,

the total number of individuals of E. altissimum is less than 600

(Bittman 1985, Lynn Oyler, in litt., 1992).

Clarkia speciosa ssp. immaculata (Pismo clarkia), a member of the

four o'clock family (Onagraceae), was first collected in Carpenter

Canyon by Frank Harlan Lewis and Margaret Ensign Lewis in 1947. Lewis

and Lewis (1955) published a monograph on the genus Clarkia that

described the plant for the first time. The plant is an erect or

decumbent herb, with branched stems up to 5 decimeters (dm) (20 in)

long; the petals are white or cream-colored at the base, streaking into

pinkish or reddish-lavender in the upper part and 1.5 to 2.5 cm (0.6 to

1.0 in) long. It is distinguished from the subspecies speciosa by its

larger flowers and the pattern of petal color. In his flora of San Luis

Obispo County, Hoover (1970) notes the geographical separation between

Clarkia speciosa ssp. immaculata and the subspecies speciosa, with the

latter occurring north of San Luis Obispo from the Santa Lucia range to

the Salinas River drainage.

Clarkia speciosa ssp. immaculata is found on pockets of dry sandy

soils, possibly ancient sand dunes, within grassy openings in chaparral

and oak woodlands. The five extant populations are located between San

Luis Obispo and the Nipomo Mesa area and together support less than

4,000 individuals (Myers 1987; Oyler, in litt., 1992). At least one

historical population has been extirpated by residential development,

and extant populations are threatened by continuing development, road

maintenance activities, and possibly grazing.

Suaeda californica (California sea-blite) is a succulent-leaved

perennial plant of the goosefoot family (Chenopodiaceae). It was first

described by Sereno Watson in 1874 based on a collection made in the

salt marshes of San Francisco Bay. Amos Heller published the name

Dondia californica in 1898, recognizing the genus name used by Michel

Adanson in 1763; however, the name Suaeda has been conserved by the

International Rules of Nomenclature (Abrams 1944). Munz (1959)

recognized several previously recognized taxa as subspecies of S.

californica. With this treatment, he described the range of S.

californica as extending from San Francisco Bay south to Lower (Baja)

California. Ferren and Whitmore (1983) noted that much of what had been

identified as S. californica in southern California and Baja California

is a distinct taxon, which they named Suaeda esteroa. Although both

species occur in the upper intertidal zone, S. californica is a shrub

with radially symmetrical flowers belonging to the section Limbogermen,

and S. esteroa is an herbaceous perennial with bilaterally symmetrical

flowers belonging to the section Heterosperma. Further study revealed

that the only extant populations of Suaeda that resemble the type

specimen of S. californica are those that occur in the vicinity of

Morro Bay. In his revision of the genus, Ferren (1993) recognized S.

californica as a full species.

Suaeda californica occurs along the perimeter of Morro Bay, where

it is restricted to the upper intertidal zone within coastal marsh

habitat. The shrubs are discontinuously distributed in a narrow band

around the Bay adjacent to other marsh plants including Salicornia sp.

(pickleweed), Distichlis spicata (saltgrass), Juncus acutus (rush),

Jaumea carnosa (Jaumea), and Frankenia salina (Frankenia) and the

federally endangered Cordylanthus maritimus ssp. maritimus (salt marsh

birds-beak). The distribution of S. californica around Morro Bay was

recently mapped (Hillaker 1992). On the east side of the bay, colonies

occur adjacent to the communities of Morro Bay, Baywood Park and Cuesta

by-the-sea, though it apparently is absent from the more interior

portion of the marshlands that are created by Chorro Creek runoff. On

the west side of the bay, S. californica is found along most of the

length of the spit excepting the northern flank adjacent to the mouth

of the bay. Elkhorn Slough in Monterey Bay is the only other remaining

location considered to be potential habitat for S. californica on the

California coast (Dirk Walters, botanical consultant, pers. comm.,

1991), but this area has not been recently surveyed.

Suaeda californica's colonial habit make it difficult to determine

the total number of individuals comprising the species. One estimate

places the number of individuals at no more than 500 (McLeod 1991b).

Because the plant occupies such a narrow band in the intertidal zone,

S. californica is threatened by any natural processes or human

activities that alter the microtopographic gradient of this habitat.

Such threats include: increased sedimentation of Morro Bay, the

encroachment of sand on the east side of the spit, and dredging

projects within the channel or the bay. The plant's restricted range

and limited number of individuals threaten it with stochastic

extinction.

The Morro shoulderband snail (Helminthoglypta walkeriana) is a

member of the land snail family Helminthoglyptidae. The Morro

shoulderband snail was first described as Helix walkeriana by Hemphill

(1911) based on collections made ``near Morro, California''. He also

described a subspecies of Helix walkeriana, Helix var. morroensis, from

``near San Luis Obispo City'' based on sculptural features of the shell

(Roth 1985). Field (1930) transferred the taxon to the genus

Helminthoglypta, and Roth (1985) considers morroensis to be an

infrasubspecific form not warranting nomenclatural recognition.

The Morro shoulderband snail is most closely related to the surf

shoulderband (Helminthoglypta fieldi Pilsbry, 1930), which occurs in

coastal dune habitats south of the San Luis Range to Point Arguello and

is, therefore, disjunct from the Morro shoulderband snail. Shell

features used to separate the two species include papillation over most

of the body whorl, a more domed spire, and half or more of the

umbilicus being covered by the apertural lip in the Morro shoulderband

snail (Roth 1985).

The Morro shoulderband snail occurs with another helminthoglyptid

snail, the Big Sur shoulderband (Helminthoglypta umbilicata Pilsbry,

1897). The more globose shape and incised spiral grooves distinguish

the Morro shoulderband snail from this species (Roth 1985). The brown

garden snail (Helix aspersa) also occurs with the Morro shoulderband

snail, but the former has a marbled pattern on its shell that

distinguishes it from the Morro shoulderband snail, which has a single,

narrow band.

The Morro shoulderband snail is restricted to sandy soils of

coastal dune and coastal sage scrub communities near Morro Bay. The

species has also been reported from San Luis Obispo (type locality for

``morroensis'') and 4.8 km (3 mi) south of Cayucos (Roth 1973); no

specimens have been collected from those localities since 1946 (Roth

1985). Surveys by Roth (1985) resulted in the discovery of only six

live Morro shoulderband snails, while empty shells were much more

numerous. While cautioning that not enough data were available to make

a more accurate estimate, Roth (1985) speculated that as few as several

hundred individuals then existed in the remaining population of Morro

shoulderband snails. Roth (malacological consultant, pers. comm., 1993)

conducted a limited search for the snail in April 1992 and found no

living individuals. However, Roth believed that even though no live

snails were found, the limited nature of the survey along with the

drought of the previous 4 years would preclude him from concluding the

species was extinct (Roth, pers. comm., 1993)

Previous Federal Action

Federal government actions on three of the five 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, and included Arctostaphylos

morroensis as threatened and Eriodictyon altissimum and Clarkia

speciosa ssp. immaculata as endangered. The Service published a notice

in the July 1, 1975, Federal Register (40 FR 27823), of its acceptance

of the report of the Smithsonian Institution as a petition within the

context of section 4(c)(2) (petition provisions are now found in

section 4(b)(3) of the Act) and its intention thereby to review the

status of the plant taxa named therein. The above three taxa were

included in the July 1, 1975, notice. On June 16, 1976, the Service

published a proposal in the Federal Register (42 FR 24523) to determine

approximately 1,700 vascular plant species to be endangered species

pursuant to section 4 of the Act; Eriodictyon altissimum was included

in this document.

General comments received in relation to the 1976 proposal were

summarized in an April 26, 1978, Federal Register publication (43 FR

17909). The 1978 Amendments to the Endangered Species Act required that

all proposals over 2 years old be withdrawn. A 1-year grace period was

given to those proposals that would otherwise expire within one year of

the passage of the 1978 amendments. In the December 10, 1979, Federal

Register (44 FR 70796), the Service published a notice of withdrawal of

the June 6, 1976, proposal, along with four other proposals that had

expired.

The Service published an updated notice of review for plants on

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

morroensis, Clarkia speciosa ssp. immaculata and Eriodictyon altissimum

as category 1 species and Cirsium fontinale var. obispoense as a

category 2 species. Category 1 species are those for which the Service

has on file substantial information on biological vulnerability and

threats to support preparation of listing proposals, while category 2

species are those for which data in the Service's possession indicate

listing is possibly appropriate, but for which substantial data on

biological vulnerability and threats are not currently known or on file

to support proposed rules. On November 28, 1983, the Service published

in the Federal Register a supplement to the Notice of Review (48 FR

53640); the plant notice was again revised September 27, 1985 (50 FR

39526). A. morroensis and E. altissimum were included in both of these

revisions as category 1 species; Clarkia speciosa ssp. immaculata and

Cirsium fontinale var. obispoense were included as category 2 species.

On February 21, 1990, (55 FR 6184) the plant notice was again revised,

and A. morroensis, Clarkia speciosa ssp. immaculata and E. altissimum

were all included as category 1 species, and Cirsium fontinale var.

obispoense was included as a category 2 species.

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

1982, requires the Secretary to make certain findings on 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 having been newly submitted on that date. This

was the case for Arctostaphylos morroensis, Clarkia speciosa ssp.

immaculata and Eriodictyon altissimum, because the 1975 Smithsonian

report had been accepted as a petition. In October of 1983, 1984, 1985,

1986, 1987, 1988, 1989, and 1990, the Service found that the petitioned

listing of A. morroensis, Clarkia speciosa ssp. immaculata and E.

altissimum was warranted but precluded by other higher priority listing

actions. Publication of the proposed rule in the Federal Register on

December 23, 1991 (56 FR 66400), constituted the final finding for the

petitioned actions.

The portions of this rule concerning Suaeda californica are largely

based on scientific and commercial information on the species,

unpublished reports by Wayne Ferren, unpublished reports from the CDFG

(1991), and information gathered from several botanists, including Mr.

Dirk Walters and Mr. Malcolm McLeod.

A reevaluation of the existing data on the status of Cirsium

fontinale var. obispoense and threats to its continued existence

provided sufficient information to support proposing this species for

listing as endangered.

The Service entered into a contract with the Sierra Club

Foundation, San Francisco, California, to investigate the status of

California land snails. A final report dated August 25, 1975, contained

data indicating that several of the snails studied were either

threatened or endangered species candidates. On April 28, 1976, the

Service proposed endangered or threatened status for 32 land snails in

the Federal Register (41 FR 17742); this proposal included the Morro

shoulderband snail (under the common name ``banded dune snail'') as

endangered. The proposed rulemaking that included proposed endangered

status for the Morro shoulderband snail was withdrawn December 10,

1979, (44 FR 70796) because of the 1978 amendments to the Act, which

required the withdrawal of proposals over 2 years old.

The Service undertook a status review of the mollusc in 1984, which

resulted in the report by Roth (1985). Based on that information, the

Morro shoulderband snail appeared as a category 1 species in the Animal

Notices of Review of May 22, 1984 (40 FR 675); January 6, 1989 (54 FR

554); and November 21, 1991 (56 FR 58820).

On December 23, 1991, the Service published a proposed rule in the

Federal Register (56 FR 66400) to list the five plants and the Morro

shoulderband snail as endangered. In that proposed rule and associated

notifications, all interested parties were requested to submit factual

reports or information relevant to a final decision on the listing

proposal. Appropriate State agencies, county governments, Federal

agencies, scientific organizations, and other interested parties were

contacted and requested to comment. No requests for a public hearing

were received. To allow for additional comment, the comment period was

reopened from June 8 to July 8, 1992. Notice of reopening of the

comment period was published in the Federal Register on June 8, 1992,

(57 FR 24221) and, along with a summary of the proposal, in the San

Luis Obispo County Telegram Tribune on June 17, 1992.

Summary of Comments and Recommendations

During the comment periods, the Service received written and oral

comments from 13 parties. The CDFG, the California Department of Parks

and Recreation (CDPR), The Nature Conservancy, the Center for Plant

Conservation, and the California Native Plant Society were among the

eight commenters expressing support for the listing proposal. Four

commenters were neutral; three of these provided additional information

on potential project impacts, and one expressed concern over the

implications of listing for private landowners. One commenter initially

was neutral, but apparently shifted to opposing the listing proposal.

Results of additional surveys for the plants (Oyler, in litt., 1992;

CDFG 1991; LSA Associates 1992) and additional biological information

that was submitted to the Service since publication of the proposal

have been incorporated into this final rule.

Opposing comments and other comments questioning the rule have been

organized into specific issues. The California Fish and Game Commission

(Commission) was considering the State listing of Arctostaphylos

morroensis during the same period covered by the Service's comment

period. The Service obtained several documents directed to the

Commission that included comments opposing the State listing of A.

morroensis. Because these comments are germane both to the State and

the Federal listing of this species, they have been incorporated into

the issues. The Service's response to each issue is summarized below:

Issue 1: One commenter stated that the population estimate of 2,000

individuals for Arctostaphylos morroensis that appeared in the proposal

was too low and that the population is more likely closer to 150,000

individuals. Furthermore, this large population size makes the

likelihood of imminent extinction a low probability.

Service Response: The Service acknowledges that the number of

individuals of Arctostaphylos morroensis is much higher than the

estimate that was available when the proposal was prepared. The Service

agrees that because this species is a long-lived perennial, combined

with the higher population estimates, the probability of imminent

extinction is low. However, mapping by Mullany (1990) and others (LSA

Associates 1992) indicates that A. morroensis currently occupies less

than 365 ha (900 ac) of habitat. Of this, two thirds is in private

ownership with no legal protection and where a number of proposed

projects will further destroy and fragment the habitat. The remaining

third is in public ownership, comprised primarily of stands with low

densities of manzanita that may represent only 20 percent or less of

the total individuals. However, the restricted range and narrow habitat

requirements of A. morroensis, coupled with continuing alteration,

destruction, and fragmentation of habitat, make it vulnerable to

becoming endangered in the near future and, thus, meet the definition

of ``threatened.'' The Service, therefore, has determined that

threatened status is more appropriate than endangered status and has

made this change in the final rule.

Issue 2: One commenter estimated current manzanita habitat losses

to development to be 63 percent of the ``low productivity'' habitat, 25

percent of the ``moderate productivity'' habitat, and only 9 percent of

the ``high productivity'' habitat. Therefore, development has had a

disproportionately low impact on Arctostaphylos morroensis and does not

represent a trend toward imminent extinction.

Service Response: Even though most of the development has occurred

within habitat supporting low densities of Arctostaphylos morroensis,

the biological importance of this habitat to the species should not be

dismissed. Development has fragmented remaining A. morroensis habitat

in the northern and central portions of its range, leaving small

pockets or individual shrubs on vacant lots and in back yards. The

viability of these fragments, and their contribution toward maintaining

viability of the species as a whole, is unknown. Furthermore, the

effects of development in habitat with higher densities of A.

morroensis may have been understated by the commenter, because the

``productivity'' of the habitat was calculated based on the

distribution of Baywood fine sands within each slope class, rather than

the actual distribution of A. morroensis within each slope class. One

development has been built within an area that previously supported

high density A. morroensis habitat. Two developments planned within

adjacent habitat support intermediate to high densities of A.

morroensis. These two developments could affect up to 60 ha (150 ac) of

manzanita habitat.

In addition to direct removal of habitat, development has had

secondary effects on quality of adjacent remaining habitat, such as

fragmentation, deterioration of habitat due to increased recreational

activity, and the introduction of non-native species. Although the

Service agrees that the extinction of A. morroensis is not imminent

(see Service Response 1 above), past development appears to be a major

cause of past habitat loss, and pending development proposals represent

significant potential losses and degradation of additional habitat.

Issue 3: One commenter believes that current trends to protect

Arctostaphylos morroensis make listing unnecessary. These trends

include tougher local land use regulations, greater protection of the

plants in Montana de Oro State Park, and the future public acquisition

of more habitat such as open space and more parklands.

Service Response: Although local land use regulations may have been

strengthened, their primary purpose is not to protect Arctostaphylos

morroensis or other sensitive species. For instance, current

restrictions on building on slopes over a certain grade may reduce the

number of units that can be constructed on a parcel over what may have

been allowed previously. Constructing fewer units per parcel, however,

does not ensure the integrity of any Arctostaphylos morroensis habitat

that may have been spared on steeper, unbuildable slopes. Protection of

A. morroensis habitat within Montana de Oro State Park accounts for

only one-third of the acreage of habitat and only 20 percent of the

number of individuals. Efforts to acquire additional habitat are

currently underway for 37 ha (90 ac) of A. morroensis habitat. These

efforts, however, are still in progress, and even if habitat is

acquired, do not ensure that management and protection of this habitat

will be effective in maintaining the long-term viability of A.

morroensis at this location. The Service therefore concludes that

current trends to protect A. morroensis habitat do not preclude the

need to list the species.

Issue 4: One commenter stated that Eucalyptus poses no imminent

threat of extinction to Arctostaphylos morroensis, because the acreage

of A. morroensis habitat currently occupied by Eucalyptus is low, the

rate of Eucalyptus spread appears slow, and removal programs are

underway.

Service Response: The only Eucalyptus removal program the Service

is aware of is that being conducted by Montana de Oro State Park. This

effort has focused on removing Eucalyptus seedlings from outside the

bounds of the original groves and not specifically from Arctostaphylos

morroensis habitat. While the Park's efforts are to be commended, the

acreage of A. morroensis habitat enhanced by these efforts is small.

However, Eucalyptus is recognized as only one of several, and certainly

not the largest, threats to the continued existence of A. morroensis.

Issue 5: One commenter stated that brushing (mechanical clearing)

is an effective technique for regenerating senescent stands of

Arctostaphylos morroensis. Therefore, the inability to maintain natural

fire cycles within urban neighborhoods adjacent to manzanita stands

could not be perceived as a threat.

Service Response: Some evidence shows that mechanical clearing may

serve to scarify Arctostaphylos morroensis seed, a process that would

typically be provided by natural fire cycles in wildland chaparral

communities. However, regeneration of A. morroensis on mechanically

cleared parcels has not been shown to achieve full restoration of

ecosystem processes present within an intact chaparral community. The

role of fire within chaparral communities may serve other purposes,

such as nutrient cycling, that cannot be duplicated by mechanical

clearing. Further research may indicate that mechanical clearing may be

a tool in managing fragmented manzanita habitat within urban

neighborhoods where risk associated with controlled burns is considered

unacceptable. The intent of the Endangered Species Act, however, is to

protect species and the natural habitats upon which they depend. The

opportunity to maintain selected sites with mechanical clearing does

not reduce the need to maintain habitat using natural ecosystem

processes, such as controlled burns.

Issue 6: One commenter was concerned that the listing of

Eriodictyon altissimum would limit his rights as a private property

owner.

Service Response: Listing of E. altissimum, as well as the other

species in this rule, under the Endangered Species Act will trigger the

protective measures under section 9 of the Act, prohibiting the

collection, destruction, or damaging of these species on any area if it

is in violation of any State law (see the Available Conservation

Measures section of this rule for a complete discussion). In addition,

the Act requires that Federal agencies insure that activities they

authorize, fund, or carry out are not likely to jeopardize the

continued existence of any listed species, or destroy or adversely

modify its critical habitat, if any is designated. Any activity on

private land that requires Federal involvement (such as a section 404

permit under the Clean Water Act) and that may affect these species

would have to be reviewed by the Service to ensure that the continued

existence of the species would not be jeopardized. If the Service

determines that an activity may jeopardize the continued existence of

the species, the Service is required to provide reasonable and prudent

alternatives to the applicant. These alternatives should accommodate

the applicant, but avoid jeopardy to the species. In a non-jeopardy

situation, the Service would provide recommendations, in the form of

reasonable and prudent measures, which would allow the activity to

proceed without jeopardizing the species existence.

Recovery planning for the species may include recommendations for

land acquisition or easements involving private landowners. These

efforts would be undertaken only with the cooperation of the landowner.

In the majority of cases, presence of an endangered or threatened

species does not preclude private landowners from utilizing their land

in the manner originally intended.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Arctostaphylos morroensis

Wies. & Schreib. (Morro manzanita) be classified as threatened and

Cirsium fontinale var. obispoense J. T. Howell (Chorro Creek bog

thistle), Clarkia speciosa ssp. immaculata Lewis & Lewis (Pismo

clarkia), Eriodictyon altissimum Wells (Indian Knob mountainbalm),

Suaeda californica Wats. (California sea-blite), and the Morro

shoulderband snail (Helminthoglypta walkeriana) should be classified as

endangered species. Procedures found at Section 4 of the Act 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 Arctostaphylos morroensis Wies. & Schreib. (Morro

manzanita), Cirsium fontinale var. obispoense J. T. Howell (Chorro

Creek bog thistle), Clarkia speciosa ssp. immaculata Lewis & Lewis

(Pismo clarkia), Eriodictyon altissimum Wells (Indian Knob

mountainbalm), Suaeda californica Wats. (California sea-blite), and the

Morro shoulderband snail (Helminthoglypta walkeriana) are as follows:

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

of Its Habitat or Range

Arctostaphylos morroensis is scattered within coastal maritime

chaparral and oak woodland communities, ranging from the northeast side

of Morro Bay to the south end of Montana de Oro State Park--a distance

of less than 16 km (10 mi). The distribution of A. morroensis around

Morro Bay has been tied to the distribution of Baywood fine sands

(ancient wind-blown beach sands) that are also habitat for the

endangered Morro Bay kangaroo rat (Dipodomys heermannii ssp.

morroensis). Approximately a third of A. morroensis habitat is owned

and managed by the CDPR (Montana de Oro State Park) but is still

subject to alteration. Groves of non-native Eucalyptus trees that were

planted in the early 1900's have encroached on nearby stands of A.

morroensis (Holland et al. 1990). The CDPR initiated a stand

containment project in 1989, which removed seedling trees that were

established beyond the perimeter of the original groves. Current

efforts are focused upon removal within the Hazard Canyon riparian

corridor. If the containment project is not maintained, however, new

expansion of the Eucalyptus into A. morroensis habitat can be

anticipated. Recent installment of a trans-Pacific telephone cable

resulted in the removal of approximately 300 plants in Hazard Canyon

within the boundaries of the Park (CDPR, in litt., 1992).

With the exception of two parcels owned by CDFG, the remaining

habitat for Arctostaphylos morroensis is in private ownership on lands

that surround the communities of Morro Bay, Baywood Park, and Los Osos.

Expansion of these communities has extirpated some A. morroensis

habitat, and much of what remains is slated for residential development

(LSA Associates 1990; Keil 1990; Holland 1990; San Luis Obispo County

1991) and sewage treatment ponds (Morro Group 1989).

Eriodictyon altissimum, like Arctostaphylos morroensis, is

scattered within coastal maritime chaparral and oak woodland

communities, primarily near Morro Bay. Five of six extant stands occur

within several or more square kilometers (few square miles) of each

other, from the south side of the community of Los Osos to the north

end of Montana de Oro State Park. Each of these stands comprises less

than 50 plants. The sixth and largest stand, comprised of 350

individuals, is found 24 km (15 mi) to the southeast on Indian Knob,

between San Luis Obispo and Arroyo Grande. Two of the Morro Bay stands

are on lands owned and managed by Montana de Oro State Park and co-

occur with A. morroensis in Hazard Canyon. Careful planning prior to

the recent installation of a trans-Pacific telephone cable avoided

potential impacts to individuals of the mountainbalm (CDPR, in litt.,

1992).

Other stands in the Morro Bay area occur on private land threatened

by residential development. One stand occurs on a parcel used by the

community of Los Osos to evaporate sewage sludge and is being closely

monitored by local botanists (Bittman 1985). Surface mining of tar

sands was proposed for the Indian Knob area several years ago

(Vanderwier 1987). Although the proposal is not currently being

pursued, economic incentive may exist to do so in the future. The

parcel is currently grazed by livestock. As with other members of this

genus, Eriodictyon altissimum is thought to be adapted to ecologic

disturbance, specifically to periodic fire within the chaparral

community. Field botanists have noted that most stands of E. altissimum

are mature to senescent in age and that appropriate management may be

needed to revitalize the stands (Bittman 1985).

Cirsium fontinale var. obispoense is restricted to open seep areas

in serpentine soil outcrops. It probably has never been abundant due to

its narrow habitat requirements. Most of C. fontinale var. obispoense

is distributed between Morro Bay and San Luis Obispo. One of the two

largest populations is found on Pennington Creek, a tributary of Chorro

Creek, on lands managed as a biological reserve by California

Polytechnic University, San Luis Obispo. Despite the University's

objective to maintain the reserve in its natural state, illegal grazing

from an adjacent cattle allotment has occurred (V.L. Holland,

California Polytechnic University, San Luis Obispo, pers. comm., 1991).

The type locality for Cirsium fontinale var. obispoense was surveyed

for the plant in 1986; no plants were found, and the population is

presumed to be extirpated (Friedman 1987). The other large population

is found near Laguna Lake in the upper Los Osos Valley watershed, on

lands partially owned by the City of San Luis Obispo. This population

has been subjected to cattle grazing. Nearby urbanization has resulted

in increased recreational use and an increase in alien plant species.

In 1991, the city fenced off a small portion of the habitat to remove

grazing pressures on C. fontinale var. obispoense (Tina Hall, The

Nature Conservancy, pers. comm., 1991). Five other small populations

occur within 8 km (5 mi) of Laguna Lake. Three of these are remote

enough that few human-induced threats currently exist, but the other

two are on lands that are slated for development (Friedman 1987; Morro

Group 1988). One disjunct population occurs along San Simeon Creek,

approximately 48 km (30 mi) northwest of the Pennington Creek

population. This population occurs on private lands that are grazed.

Developments proposed for adjacent parcels may remove water from the

San Simeon Creek watershed (San Luis Obispo County 1991). Since Cirsium

fontinale var. obispoense depends on moisture from seeps, it would be

threatened by any proposal to divert water from the watershed above the

seeps.

Clarkia speciosa ssp. immaculata is restricted to pockets of dry

sandy soils within chaparral and oak woodlands south of San Luis

Obispo, between the town of Edna and the Nipomo Mesa area. All five

extant populations are located on private lands. The most recent

surveys revealed that the two largest populations, each supporting

about 2,000 individuals, were subject to cattle grazing and to road

grading where the plant occurs along roadsides (CDFG 1991). A third

small population from the type locality consists of less than 100

individuals and is subject to the effects of roadside traffic, road

grading and herbicide spraying. A fourth population was reduced to

about 100 individuals by residential development. A fifth population

was discovered in 1992 in the Nipomo Mesa area during construction of a

sedimentation basin. About 25 percent of the 800 individuals comprising

the population were destroyed during pre-construction grading (Oyler,

in litt., 1992). Of four other historical locations, two were

extirpated by residential development, and two were extirpated by

undetermined causes, most likely mowing and other secondary impacts

associated with urban development (Myers 1987).

Suaeda californica is discontinuously distributed around the narrow

upper intertidal zone of Morro Bay where it is concentrated in three

stands. One stand is located on tidal flats within Morro Bay State

Park. A second stand, consisting of only six plants, is located within

Sweet Springs Marsh. The third population is located within Montana de

Oro State Park. All three stands are threatened by recreational

activity on the tidal flats and erosion from changing hydrologic

conditions in the intertidal zone. Sedimentation of the Bay from the

Los Osos Creek and Chorro Creek watersheds has altered the abundance

and distribution of marsh habitat on the east side of the bay. Dredging

of the Bay may alter subsurface currents and affect shoreline

stability. The CDPR is currently developing a proposal to dredge the

marina at Morro Bay State Park; this activity will likely result in the

removal of a dozen individual plants (U.S. Fish and Wildlife Service

1993). S. californica was collected from a fourth location just north

of Morro Bay but has not been seen there since 1929 (Wayne Ferren,

pers. comm. 1991). The type locality, on Alameda Island in San

Francisco Bay, has long since been altered by urbanization as has much

of coastal marsh habitat along the central California coast.

The following discussion of habitat and range of the Morro

shoulderband snail is summarized from the report by Roth (1985). The

Morro shoulderband snail formerly occupied primarily coastal dune scrub

habitat along approximately 8 km (5 mi) of dunes extending into Morro

spit, at Baywood Park, San Luis Obispo, sites between Morro Bay and

Cayucos and probably along Morro Bay in the vicinity of Cuesta-by-the

Sea. The snail and its habitat have been eliminated by residential and

other development from Baywood Park, Cuesta-by-the-Sea, San Luis

Obispo, and the sites between Cayucos and Morro Bay. Evidence of living

Morro shoulderband snails in the past decade has been found only at a

few sites within 3 km (2 mi) of one another in coastal dune scrub

habitat. This habitat has been degraded by off-road vehicle activity

and maturation of the dune vegetation.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not currently known to be a factor for the five

plants; but unrestricted collecting for scientific or horticultural

purposes or excessive visits by individuals interested in seeing rare

plants could result from increased publicity as a result of this final

rule. The Morro shoulderband snail's extremely limited range and

numbers and its taxonomic distinctness make it highly vulnerable to

recreational or scientific collectors.

C. Disease or Predation

In efforts to control alien species of thistle, the San Luis Obispo

County Agriculture Department introduced the seed-head weevil

(Rhinocyllus conicus) to several sites in San Luis Obispo County in the

early 1980's. Initial reports from field botanists indicated that the

seed-head weevils were foraging upon Cirsium fontinale var. obispoense.

However, more recent observations indicate that since the length of the

flowering season of the thistle far exceeds the egg-laying period of

the weevil, predation probably accounts for only a small reduction in

seed availability (Charles Turner, Agricultural Research Services, U.S.

Dept. Agriculture, pers. comm., 1991). No data exist on the effects of

disease or predation on the other plant taxa.

Livestock grazing is believed to have caused the extirpation of

Cirsium fontinale var. obispoense at the type locality on Chorro Creek

(Rocco 1981). Half of the eight extant sites are on private lands that

are grazed. Clarkia speciosa ssp. immaculata has been subject to

livestock grazing at two of the four extant locations. Unlike C.

fontinale var. obispoense, however, observations of field botanists

indicate that Clarkia speciosa ssp. immaculata may be able to sustain a

certain amount of grazing by livestock (T. Dunn, The Nature

Conservancy, in litt. 1987).

During his survey for Morro shoulderband snails, Hill (1974) noted

that many of the empty large subadult shells contained vacant

sarcophagid fly puparia, which suggested to Roth (1985) that

``mortality from parasitoid infestation often occurs before H.

walkeriana reaches breeding condition'' (Roth 1985). Roth (1985) also

documented one snail that had been recently killed by a rodent.

D. The Inadequacy of Existing Regulatory Mechanisms

Under the Native Plant Protection Act (chapter 1.5 section 1900 et

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

(chapter 1.5 section 2050 et seq.), the California Fish and Game

Commission has listed Clarkia speciosa ssp. immaculata, Eriodictyon

altissimum, and Cirsium fontinale var. obispoense as endangered. Though

both statutes prohibit the ``take'' of State-listed plants (chapter 1.5

section 1908 and section 2080), State law appears to exempt the taking

of such plants via habitat modification or land use change by the

landowner. After the 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 1.5 section

1913).

In 1991, the California Fish and Game Commission (Commission) was

petitioned to list Arctostaphylos morroensis as a threatened species.

However, the Commission decided that ecosystem-based regional planning

efforts could provide adequate safeguards for the survival of A.

morroensis. In 1993, while recognizing that ``substantial losses to

Morro Bay manzanita habitat have occurred, and that the long-term

survival of Morro Bay manzanita remains precarious,'' the Commission

made a finding that listing was not warranted. In contribution to the

regional planning efforts, the California Coastal Conservancy granted

funding to the Land Conservancy of San Luis Obispo County to develop

conservation strategies for the State and federally endangered Morro

Bay kangaroo rat, as well as sensitive species, including A.

morroensis, in the Morro Bay area. The strategies are to be developed

in conjunction with the CDFG, the CDPR, local and county planning

agencies, and local landowners (Land Conservancy of San Luis Obispo

1993). Efforts to date have been hampered by a conflict in goals of the

participating entities. Legally binding conservation measures that

would afford protection to A. morroensis have yet to be developed.

The Morro shoulderband snail is not specifically protected under

State or local law. However, State park policy for Montana de Oro State

Park calls for management programs to be prepared and implemented to

perpetuate this and other taxa of special concern. Collection of this

species is prohibited on State Park land except by permit. This

protection applies only to individuals and does not prevent the effects

of indirect human disturbance, such as recreational activities, from

harming this species and its habitat.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

The introduction and invasion by alien plants into coastal sage

scrub and maritime chaparral communities has adversely affected native

flora and fauna, including Arctostaphylos morroensis and the Morro

shoulderband snail. Williams and Williams (1984) tracked changes in

abundance and frequency of 16 taxa in a coastal dune scrub community

over a 10-year period on the sand spit of Morro Bay. They observed that

differences in successional patterns in wind, lee, and ridge habitats

were correlated with wind conditions, stabilization of dunes over time,

and seed dispersal strategies of certain taxa. At the same time, they

noted that the alien Mesembryanthemum chilense (seafig) had increased

in both wind and lee positions on the spit and suggested that over

time, M. chilense would supplant native species throughout the dune

system.

Another alien species, Ehrharta calcina (veldt grass), has spread

to the Morro Bay region, probably from the area between Lompoc and the

Nipomo Mesa, where it was planted to stabilize sandy soils (Smith

1976). E. calcina invades not only disturbed areas, such as vacant

lots, road cuts, and utility corridors in the Morro Bay region, it is

also becoming naturalized within native plant communities, including

chaparral containing Arctostaphylos morroensis in Montana de Oro State

Park (C. Rutherford, U.S. Fish and Wildlife Service, pers. obs., 1993).

On one vacant lot, seedlings of A. morroensis appear to be competing

favorably with Ehrharta (LSA Associates 1992). While Ehrharta more

likely competes for resources with herbaceous species than with

perennials such as A. morroensis, the long-term effects of this species

on the dynamics of native communities are not understood.

Stands of Arctostaphylos morroensis within Montana de Oro State

Park are being overtopped by spreading Eucalyptus plantations that were

planted in the early 1900's. A. morroensis is not able to survive such

encroachment, due to reduction in available soil moisture, increased

shading, and the effects of growth-inhibiting terpenes that are

released from the Eucalyptus (Holland et al. 1990). The General Plan

for Montana de Oro State Park (CDPR 1988) calls for the removal of

exotic species, including Eucalyptus, but a removal program has only

been partially implemented.

As mentioned under Factor ``A'', Cirsium fontinale var. obispoense

occurs in several areas grazed by livestock. Grazing and trampling by

livestock, coupled with mesic to hydric conditions around seeps, favors

growth of alien plants, once they have become established. Unlike alien

thistle taxa, C. fontinale var. obispoense is probably not able to

compete with other alien plants.

The Morro shoulderband snail may be experiencing competition from

the brown garden snail (Helix aspersa). The brown garden snail,

presumed to be an escapee from an adjacent golf course and housing

development, has established feral populations on the spit of Morro

Bay. Roth (1985) discussed several factors that may be the basis for

such competition. While estivation sites and food preferences for the

two snails differ, competition for shelter sites may limit the numbers

of Morro shoulderband snails. The coastal dune scrub community within

the survey area is mature to the point that lower limbs of the large

older shrubs may be too far off the ground to offer good shelter. Roth

(1985) found both snails occasionally using alien M. chilense, as well

as pieces of particleboard for shelter sites, and suggested that more

preferred shelter sites were unavailable. Increasing development

surrounding the State Parks will increase threats from this and other

exotic animals and plants that disperse from developed areas.

At least several Morro shoulderband snails have been killed as a

result of controlled burning of coastal scrub that was carried out to

improve habitat for the endangered Morro Bay kangaroo rat within

Montana de Oro State Park. Park staff are aware of the presence of the

snails, have conducted pre-burn searches for them, but have not

detected any in the areas that have been burned since Roth's first

reported fire-caused mortalities (Vince Cicero, Montana de Oro State

Park, pers. comm. 1991). Drought and/or heat may have contributed to

egg mortality in the Morro shoulderband snail (Roth 1985). Other snail

taxa that occur within California's areas of Mediterranean climate

copulate, oviposit, and undergo an active growth phase during the rainy

season. Roth (1985) found intact but desiccated Helminthoglypta eggs

``scattered in considerable numbers'' within the survey area, though

the species could not be determined. Roth (1985) suggested that this

represented several years' accumulation of egg deposits whose viability

may have been lowered by drought and/or heat conditions.

Several of the plants and the Morro shoulderband snail are also

threatened with stochastic (i.e., random) extinction due to the small

size and isolation of the remaining populations. The limited gene pool

may depress reproductive vigor, or a single human-caused or natural

environmental disturbance could destroy a significant percentage of the

individuals of these species. Depressed seed viability has recently

been documented by Holland et al. (1990) in some stands of

Arctostaphylos morroensis. Annual plants, such as Clarkia speciosa ssp.

immaculata, and short-lived perennial plants, such as Cirsium fontinale

var. obispoense, are subject to wide fluctuations in population numbers

from year to year. Such taxa may have difficulty in maintaining a

viable population size after a series of poor seed production years.

While Suaeda californica is a perennial plant, the low number of

individuals and restricted range of the plant within the widely

fluctuating hydrologic conditions in Morro Bay also subject it to

stochastic extinction.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in determining to issue this

final rule. These six taxa are vulnerable to one or more of the

following threats: habitat destruction, residential development, road

maintenance activities, competition from alien plants or the common

garden snail, recreational activities, grazing, water diversions,

dredging, and perhaps stochastic extinction. Based on the Service's

evaluation of the status and threats facing these species, the

preferred action is to list Cirsium fontinale var. obispoense, Clarkia

speciosa ssp. immaculata, Eriodictyon altissimum, Suaeda californica,

and the Morro shoulderband snail as endangered. Though population sizes

for Arctostaphylos morroensis are larger than were known at the time of

the proposal, the specific substrate requirements limit the amount of

suitable habitat. Much of the historic habitat has already been

destroyed, with over half of that remaining on private lands and

lacking permanent protection or active management for the conservation

of the species. The preferred action is to list A. morroensis as

threatened. For the reasons discussed below, the Service is not

proposing to designate 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 the species is determined to be endangered

or threatened. The Service finds that designation of critical habitat

is not prudent for these species. The Service's regulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist: (1) The species is

imperiled by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of such threat

to the species; or (2) such designation of critical habitat would not

be beneficial to the species.

In the case of Arctostaphylos morroensis, Cirsium fontinale var.

obispoense, Clarkia speciosa ssp. immaculata, Eriodictyon altissimum,

Suaeda californica, and the Morro shoulderband snail, the second

criterion is met. Most populations of these species are found on state

or private lands where Federal involvement in land-use activities does

not generally occur. Additional protection resulting from critical

habitat designation is achieved through the section 7 consultation

process. Since section 7 would not apply to land-use activities

occurring within critical habitat, its designation would not

appreciably benefit the species. Protection of these species' habitats

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 practices. 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.

Such actions are initiated by the Service following listing. The

protection required of Federal agencies and the prohibitions against

taking and harm of the shoulderband snail and 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)(4) 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

listed subsequently, section 7(a)(2) requires Federal agencies to

ensure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of 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.

The U.S. Army Corps of Engineers (Corps) may become involved with

Arctostaphylos morroensis through its permitting authority as described

under section 404 of the Clean Water Act. By regulation, nationwide or

individual permits cannot be issued where a federally listed endangered

or threatened species would be affected by a proposed project without

first completing formal consultation pursuant to section 7 of the Act.

The proposal to dredge the marina at Morro Bay State Park is likely to

involve the Corps. The Corps will also be involved with the removal of

unexploded ordnance at Montana de Oro State Park, which may potentially

affect habitat for A. morroensis, Eriodictyon altissimum, and the Morro

shoulderband snail. Construction of new sewage treatment facilities are

being contemplated by the communities surrounding Morro Bay. If any

Federal funding or permits are required during the expansion or

construction of new treatment facilities, those Federal agencies would

also be subject to the requirements of section 7 of the Act. The range

of the Morro Bay kangaroo rat, a federally listed endangered species,

overlaps that of A. morroensis and the Morro shoulderband snail. Should

the Service issue any permits under section 10(a)(1)(A) or 10(a)(1)(B)

of the Act for activities related to the recovery of the Morro Bay

kangaroo rat, the Service would be required to do an internal section 7

consultation to assess what potential adverse effects the permitting

action would have on other listed species and to identify measures to

avoid or minimize such impacts.

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

17.62, and 17.63 for endangered plants and at 50 CFR 17.71 and 17.72

for threatened plants set forth a series of general prohibitions and

exceptions that apply to all threatened or endangered plants. With

respect to the four plant taxa being listed as endangered, 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 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; or to 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, or damage or destroy 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.

Arctostaphylos morroensis, herein being listed as threatened, would

be subject to similar prohibitions (16 U.S.C. 1538 (a)(2)(E); 50 CFR

17.71). 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, 17.63, and 17.72 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered plant species under certain circumstances. Requests for

copies of the regulations on plants and inquiries regarding them may be

addressed to the U.S. Fish and Wildlife Service, Ecological Services,

Endangered Species Permits, 911 NE. 11th Avenue, Portland, Oregon,

97232-4181 (Telephone 503/231-2063, Facsimile 503/231-6243).

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable those activities that would or would not

constitute a violation of section 9 of the Act at the time of listing.

The intent of this policy is to increase public awareness of the effect

of the listing on proposed and ongoing activities within a species'

range. Nearly all the presently known locations for these five plants

are on private lands. Collection, damage or destruction of these

species on public lands is prohibited, although in appropriate cases a

Federal endangered species permit may be issued to allow collection.

Removal, cutting, digging up, damaging or destroying endangered plants

on non-Federal lands would constitute a violation of section 9 if

conducted in knowing violation of State law or regulations, including

State criminal trespass law. The Service is not aware of any otherwise

lawful activities being conducted or proposed by the public that will

be affected by this listing and result in a violation of section 9.

Permits also may be issued to carry out otherwise prohibited

activities involving endangered wildlife species under certain

circumstances. Regulations governing permits are at 50 CFR 17.22 and

17.23. Such permits are available for scientific purposes, to enhance

the propagation or survival of the species, for incidental take in

connection with otherwise lawful activities, and economic hardship

under certain circumstances.

The Act and implementing regulations found at 50 CFR 17.21 set

forth a series of general prohibitions and exceptions that apply to all

endangered wildlife. With respect to the Morro shoulderband snail,

these prohibitions, in part, make it illegal for any person subject to

the jurisdiction of the United States to take (including harass, harm,

pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt

any such conduct), import or export, transport in interstate or foreign

commerce in the course of a commercial activity, or sell or offer for

sale in interstate or foreign commerce any listed species. It is also

illegal to possess, sell, deliver, carry, transport, or ship any such

wildlife that has been taken illegally. Certain exceptions apply to

agents of the Service and State conservation agencies.

As indicated above, it is the policy of the Service (59 FR 34272)

to identify to the maximum extent practicable those activities that

would or would not constitute a violation of section 9 of the Act at

the time of listing. The intent of this policy is to increase public

awareness of the effect of this listing on proposed and ongoing

activities within a species' range. During the public comment period

inquiries were made as to the effect listing would have on development

and private landowner activities. The Service believes that, based on

the best available information, the following action will not result in

a violation of section 9 with respect to the Morro shoulderband snail:

momentary moving of individual snails out of danger (e.g., road, path).

Activities that the Service believes could potentially result in

the take of the Morro shoulderband snail, include, but are not limited

to, unauthorized collecting or capture of the species, except as noted

above to momentarily move an individual out of harm's way; introduction

of exotic species (e.g., other species of snails); unauthorized

destruction or alteration of the species' habitat (e.g., dredging,

filling, channelization, discharge of fill material, operation of any

vehicles); violations of discharge or withdrawal permits; pesticide

applications in violation of label restrictions; or other illegal

discharges or dumping of toxic chemicals, silt, or other pollutants

into the habitat supporting the species.

Other unauthorized activities not identified in the above two

paragraphs will be reviewed on a case-by-case basis to determine if a

violation of section 9 of the Act may have occurred with respect to

this snail. The Service does not consider these lists to be exhaustive

and provides them for the information of the public.

The Service anticipates that few trade permits would ever be sought

or issued for any of the five plants or the Morro shoulderband snail.

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

A complete list of all references cited herein is available upon

request from the Ventura Field Office (See ADDRESSES above).

Authors

The primary authors of this final rule are Constance Rutherford

(plants), Ventura Field Office, U.S. Fish and Wildlife Service, 2140

Eastman Avenue, Suite 100, Ventura, California 93003 (805/644-1766) and

Steven M. Chambers (snail), Albuquerque Regional Office, U.S. Fish and

Wildlife Service, P.O. Box 1306, Albuquerque, New Mexico 87103 (505/

766-3972).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulations Promulgation

PART 17--[AMENDED]

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

Code of Federal Regulations, is amended, as set forth below:

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

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

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

2. Amend Sec. 17.11(h) by adding the following, in alphabetical

order under SNAILS, to the List of Endangered and Threatened Wildlife:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *

(h) * * *

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

Species Vertebrate

------------------------------------------------------------------------ population

where Critical Special

Historic range endangered Status When listed habitat rules

Common name Scientific name or

threatened

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

* * * * * * *

Snails

* * * * * * *

Snail, Morro shoulderband (=banded Helminthoglypta walkeriana........ U.S.A. (CA) NA E 567 NA NA

dune).

* * * * * * *

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

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

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Arctostaphylos morroensis Morro manzanita......... U.S.A. (CA)............. Ericaceae............... T 567 NA NA

* * * * * * *

Cirsium fontinale var. Chorro Creek bog thistle U.S.A. (CA)............. Asteraceae.............. E 567 NA NA

obispoense .

* * * * * * *

Clarkia speciosa ssp. Pismo clarkia........... U.S.A. (CA)............. Onagraceae.............. E 567 NA NA

immaculata .

* * * * * * *

Eriodictyon altissimum .. Indian Knob mountainbalm U.S.A. (CA)............. Hydrophyllaceae......... E 567 NA NA

* * * * * * *

Suaeda californica ...... California sea-blite.... U.S.A. (CA)............. Chenopodiaceae.......... E 567 NA NA

* * * * * * *

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

Dated: November 14, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 94-30860 Filed 12-14-94; 8:45 am]

BILLING CODE 4310-55-M