Endangered and Threatened Wildlife and Plants; Proposed Rule To List Four Southwestern California Plants as Endangered or Threatened

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

Allium munzii (Munz's onion) and Atriplex coronata var. notatior (San

Jacinto Valley crownscale) as endangered and Brodiaea filifolia

(thread-leaved brodiaea) and Navarretia fossalis (spreading navarretia)

as threatened throughout their respective ranges in southwestern

California and northwestern Baja California, Mexico, pursuant to the

Endangered Species Act of 1973, as amended (Act). Critical habitat is

proposed for Atriplex coronata var. notatior. These four plants occur

in vernal pools and other wetlands or on clay soils and moist

grasslands and are threatened by a variety of factors including:

habitat destruction and fragmentation from agricultural and urban

development, pipeline construction, alterations of wetland hydrology by

draining or channelization, clay mining, off-road vehicle activity,

cattle and sheep grazing, weed abatement, fire suppression practices,

and competition from alien plant species. This proposed rule, if made

final, would extend the Act's protection to these four plants.

DATES: Comments from all interested parties must be received by

February 13, 1995. Public hearing requests must be received by January

30, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad

Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.

Comments and materials received will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Fred M. Roberts, Botanist, at the

above address (telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

Allium munzii (Munz's onion), Brodiaea filifolia (thread-leaved

brodiaea), Atriplex coronata var. notatior (San Jacinto Valley

crownscale), and Navarretia fossalis (spreading navarretia) occur

within restricted or unique habitats, often in association with a

specific soil type or hydrologic regime, or both. The composite range

of these four taxa encompasses the interior lowlands and foothills of

Los Angeles, San Bernardino, Orange, and Riverside Counties south into

coastal San Diego County, California, and northwestern Baja California,

Mexico. Although some of these taxa are relatively wide-ranging, all

are localized in distribution within their respective ranges because of

the restricted and patchy nature of the habitats in which they are

found. These four species occur in clay soils or in vernal wetlands

that have a clay hardpan or silty alkaline substrate.

Allium munzii and B. filifolia have strong preferences for clay

soils. Clay soils have unique physical and chemical properties. Fine

grain size, small pore, and an expansive nature frequently results in a

``hardpan'' layer that inhibits water percolation and root penetration.

Although rich in mineral content, clay soils hold tightly to soil

nutrients resulting in low nutrient availability (Donahue et al. 1977).

Adaption to these properties frequently results in a disproportionately

large number of plant species (as compared to other soils types) that

are endemic to (dependant on) clay soils. For this reason, clay soils

are an important contributor to floristic diversity in western

Riverside and coastal San Diego Counties.

Navarretia fossalis is largely restricted to vernal pools, with B.

filifolia as an occasional associate species. Vernal pools occur in

areas with shallow depressions that have a clay hardpan soil layer that

inhibits water percolation resulting in a perched water table during

the winter rainy season and the following spring. Vernal pools retain

water only long enough to support relatively few species of aquatic

emergent plants and invertebrates. As the pools dry and the surface

water recedes toward the center of the pool, a unique and dynamic flora

develops in its place. Vernal pools typically occur on mesa tops or

valley floors and are surrounded by very low hills, usually referred to

as mima mounds (Zedler 1987).

In western Riverside County, the Domino-Traver-Willows soil

association (Soil Conservation Service and Bureau of Indian Affairs

1971) in the Perris, San Jacinto, and Menifee Valleys supports a unique

assemblage of wetland habitats including vernal wetland plains and

alkali lake playa. These vernal plains have a calcareous hardpan layer

near the surface and as a result, a mosaic of dryer and wetter wetland

regimes have formed. Vernal pools are scattered throughout the area.

Obligate wetland plant species, including Plagiobothrys leptocladus

(alkali plagiobothrys), Psilocarphus brevisimus (woolly marbles),

Plantago elongata (= Plantago bigelovii ssp. californica) (California

alkali plantain), and Myosurus minimus (little mousetail), occur within

these areas but are not confined to depressions and are frequently

found on the surrounding flats, forming an understory to alkali

grasslands that are dominated by Deschampsia danthanioides (annual

hairgrass) and Hordeum depressum (low barley). Of the plants considered

in this proposed rule, A. coronata var. notatior, B. filifolia, and N.

fossalis are found within these habitats (D. Bramlet, California Native

Plant Society, in litt., 1993).

Many of the same species found on the vernal plains also occur

within the sporadically inundated playas of San Jacinto Lake and the

San Jacinto River in Riverside County. However, the silty, alkaline

soils found in these areas have resulted in alkali playa and alkali

sink scrub associations that are markedly different in plant species

composition. These communities are dominated by Suaeda moquinii (bush

seepweed), Atriplex argentea (silverscale), Frankenia salina (alkali

heath), Lasthenia coulteri var. glabrata (Coulter's goldfields),

Plagiobothrys leptocladus (alkali plagiobothrys), and Cressa

truxillensis (alkali weed).

Allium munzii (Munz's onion) was first collected by Philip Munz

near Glen Ivy, Riverside County, California, in 1922 and referred to as

A. fimbriatum var. munzii based on the suggestion of F. Owenby and H.

Aase, noted experts on the genus Allium (Munz 1959). However, this name

was not validly published. This error was rectified by H. Traub in 1972

(Traub 1972). In a revision of the A. fimbriatum complex, McNeal (1992)

elevated this taxon to species status (applying the name Allium munzii)

based on flower morphology.

Allium munzii is a member of the lily family (Liliaceae). It is a

scapose perennial herb, 15 to 35 centimeters (cm) (0.5 to 1.2 feet

(ft)) tall, originating from a bulb with a papery, reddish-brown outer

coat and light brown inner coat. The scape is firmly attached to the

bulb. The single leaf is generally 1.5 times as long as the scape and

is round in cross-section (terate) and hollow. The inflorescence is

umbellate, consisting of 10 to 35 flowers. The flowers have six white,

or white with a red midvein, perianth segments (undifferentiated petals

and sepals) that are 6 to 8 millimeters (mm) (0.2 to 0.3 inches (in))

long that become red with age. The ovary is crested with fine,

irregularly dentate processes and the fruit is a three-lobed capsule

(Munz 1974, McNeal 1992).

Allium munzii can be distinguished from other members of the genus

within its range by its single hollow and terate leaf, the shape of the

perianth segments, flower color, and the irregularly dentate crest of

the ovary.

Allium munzii is restricted to mesic clay soils in western

Riverside County, California. This species is frequently found in

association with southern needlegrass grassland, mixed grassland, and

open coastal sage scrub or occasionally in cismontane juniper woodlands

(California Department of Fish and Game 1989; Steve Boyd, Herbarium

Manager, Rancho Santa Ana Botanical Garden, pers. comm., March 1993).

A. munzii is known from 12 extant populations, 9 of which occur on

privately owned land. Four populations occur within the Gavilan Hills

including one at Harford Springs County Park. Two populations occur

within the Temescal Valley. Five small populations occur in the Paloma

Valley, Skunk Hollow, Domenigoni Hills, and Bachelor Mountain areas.

One population is located in the Santa Ana Mountains, in part, on

Federal land within the Cleveland National Forest (Boyd and Mistretta

1991).

The Service estimates that there are about 20,000 individuals of A.

munzii (Roberts 1993a). However, in any given year the number of

individuals varies depending on rainfall and other factors. Few of the

populations are large, and most cover an area from several square

meters to 8 hectares (ha) (20 acres (ac)) in extent and contain fewer

than 1,000 individuals.

Atriplex coronata var. notatior (San Jacinto Valley crownscale) was

first described by Willis Jepson in 1914, based on specimen material he

collected in 1901 from the dried bed of San Jacinto Lake, Riverside

County, California. This taxon was considered a minor variant in a

monographic treatment of the genus Atriplex (Hall and Clements 1923)

and was generally not recognized as distinct from A. coronata until

Munz (1974) concurred in Jepson's findings in his treatment of southern

California plants.

Atriplex coronata var. notatior is a member of the goosefoot family

(Chenopodiaceae). It is an erect, gray-scurfy annual, 1 to 3 decimeters

(dm) (4 to 12 in) tall. The grayish leaves are sessile, alternate, 8 to

20 mm (0.3 to 0.8 in) long and elliptic to ovate-triangular in outline.

This taxon is monoecious (male and female flowers on the same plant).

The flowers are obscure and develop spherical bracts in the fruiting

phase. These bracts have dense tubercles that are roughly equal in

number to the marginal teeth (Munz 1974, Taylor and Wilken 1993).

Atriplex coronata var. notatior can be distinguished from the more

northern A. coronata var. coronata by its erect stature, the shape of

the bract, and the number of tubercles and marginal teeth. A. coronata

var. notatior occurs with seven other species of Atriplex within its

range (Bramlet 1993b). It can be distinguished from these taxa by a

combination of characteristics, including annual habit, the shape of

the leaf, and the size and form of the bract (Munz 1974, Taylor and

Wilkin 1993).

Atriplex coronata var. notatior is restricted to highly alkaline,

silty-clay soils in association with the Traver-Domino-Willows soils

association (see Soil Conservation Service and Bureau of Indian Affairs

1971 for soil type descriptions). It occurs in alkali sink scrub,

alkali playa, vernal pools, and, to a lesser extent, in alkali

grassland communities (Bramlet 1993a). These areas are typically

flooded by winter rains. The duration and extent of flooding is

extremely variable from one year to the next. A. coronata var. notatior

germinates after the water has receded. It usually flowers in April and

May and sets fruit by May or June (D. Bramlet, in litt., 1992).

Atriplex coronata var. notatior is restricted to the San Jacinto,

Perris, and Menifee Valleys of western Riverside County, California.

This taxon consists of 10 populations that are primarily associated

with the San Jacinto River and Old Salt Creek tributary drainages.

About 280 ha (700 ac) of nearly 2,800 ha (7,000 ac) of potential

habitat is currently occupied by A. coronata var. notatior. Three

population complexes contain nearly 70 percent of 76 known stands and

over 90 percent of the individual plants. These three populations

occupy less than 80 ha (200 ac) of habitat. The number of individuals

in these populations varies in any given year in response to rainfall,

extent of winter flooding, and temperature. Between 1990 and 1994, an

estimated 78,000 plants were located. Most stands contain fewer than

1,000 individuals and the majority of the individuals are concentrated

in fewer than 10 stands (Roberts 1993b).

The majority of the population complexes of A. coronata var.

notatior, including the three largest, are located on privately owned

lands; less than 30 percent of all known stands and only 10 percent of

the population occur on publicly owned land. This taxon is not known to

occur on Federal lands.

Brodiaea filifolia was first described by Sereno Watson in 1882

based on a specimen collected by the Parish brothers in 1880 at

Arrowhead Hot Springs, San Bernardino County, California (Niehaus

1971). Edward Greene (1887) transferred B. filifolia to the genus

Hookeria. However, recent floristic treatments have not adopted

Greene's work, and B. filifolia is the currently accepted name (Munz

1974, Beauchamp 1986, Keator 1993).

Brodiaea filifolia is a member of the lily family (Liliaceae). It

is a scapose perennial originating from a dark-brown, fibrous-coated

corm. The stems are 2 to 4 dm (8 to 16 in) tall with several narrow

leaves that are shorter than the scape. The flowers bloom from May to

June and are arranged in a loose umbel. The six perianth segments are

violet, spreading, and 9 to 12 mm (0.4 to 0.5 in) long. The broad and

notched anthers are 3 to 5 mm (0.1 to 0.2 in) long. The fruit is a

capsule (Munz 1974, Keator 1993).

Brodiaea filifolia can be distinguished from the other species of

Brodiaea that occur within its range (B. orcuttii, B. jolonensis, and

B. terrestris) by the presence of narrow, pointed staminodia and a thin

perianth tube, which splits when in fruit (Munz 1974).

This species typically occurs on gentle hillsides, valleys, and

floodplains in mesic, southern needlegrass grassland and alkali

grassland plant communities in association with clay, loamy sand, or

alkaline silty-clay soils (California Department of Fish and Game 1981,

Bramlet 1993a). Sites of occupation are frequently intermixed with, or

near, vernal pool complexes, such as in the vicinity of San Marcos (San

Diego County), the Santa Rosa Plateau, and southwest of Hemet in

Riverside County.

The historical range of B. filifolia extends from the foothills of

the San Gabriel Mountains at Glendora (Los Angeles County), east to

Arrowhead Hot Springs in the western foothills of the San Bernardino

Mountains (San Bernardino County), and south through eastern Orange and

western Riverside Counties to Carlsbad in northwestern San Diego

County, California (California Natural Diversity Data Base (CNDDB)

1992; R. Riggins, private consultant, in litt., 1993).

Twenty-seven populations of B. filifolia are known to exist. The

majority of the remaining populations are located on the Santa Rosa

Plateau in southwestern Riverside County and in the Vista-San Marcos-

Carlsbad region of northwestern San Diego County. The largest

population of this species is located on the Santa Rosa Plateau, owned

by The Nature Conservancy (TNC). One small population was recently

discovered on Camp Pendleton Marine Corps Base (Dawn Lawson, U.S.

Marine Corps, range conservationist, pers. comm., 1993). All other

extant populations are on privately owned land.

Brodiaea filifolia occupies less than 240 ha (600 ac) of habitat.

The total number of individuals of this species and the extent of

occupied habitat vary on an annual basis in response to the timing and

amount of rainfall, as well as temperature patterns. Most populations

contain fewer than 2,000 plants and occupy less than 16 ha (40 ac). The

largest extant population is estimated to contain over 30,000

individuals and occupies about 20 ha (50 ac) of habitat.

Brodiaea filifolia occasionally hybridizes with B. orcuttii and

possibly B. joloensis, where these species coexist. At least one major

population of plants in the vicinity of Miller Mountain (San Diego

County) in the Cleveland National Forest appears to have individuals

that represent B. filifolia, however, the population is a hybrid swarm

between B. orcuttii and B. filifolia (Boyd et al. 1992).

Navarretia fossalis (spreading navarretia) was first described by

Reid Moran in 1977 based on a collection made by Moran in 1969 near La

Mission in northwestern Baja California, Mexico. N. fossalis is a low,

mostly spreading or ascending, annual herb, 10 to 15 cm (4 to 6 in)

tall. The lower portions of the stems are mostly bare. The leaves are

soft and finely divided, 1 to 5 cm (0.4 to 2 in) long, and spine-tipped

when dry. The flowers are white to lavender white with linear petals

and are arranged in flat-topped, compact, leafy heads. The fruit is an

ovoid, 2-chambered capsule (Moran 1977, Day 1993).

Several other species within the genus occur within the range of N.

fossalis. Two of these species, N. intertexta and N. prostrata, can

occur in similar habitat. N. fossalis can be distinguished from these

species by the size and shape of the calyx, the position of the corolla

(as compared to the calyx), and the form of the corolla lobes. All

Navarretia species can be distinguished by the appearance of the pollen

grain surface (Day 1993; S. Spencer, Rancho Santa Ana Botanic Garden,

in litt., 1993)

The primary habitat of N. fossalis is vernal pools. This species

occasionally occurs in ditches and other artificial depressions.

However, these depressions often occur within degraded vernal pool

habitat (Moran 1977). In western Riverside County, N. fossalis has been

found in relatively undisturbed and moderately disturbed vernal pools

within a larger vernal wetland plain dominated by alkali grassland

(Bramlet 1993a).

Navarretia fossalis is distributed from western Riverside County

south through coastal San Diego County, California to San Quintin in

northwestern Baja California, Mexico. Fewer than 30 populations exist

in the United States. Nearly 60 percent of these populations are

concentrated in three locations: on Otay Mesa in southern San Diego

County, along the San Jacinto River in western Riverside County, and

near Hemet in Riverside County (Bauder 1986, California Native

Diversity Data Base 1993, Bramlet 1993a).

The number of individuals of N. fossalis varies on an annual basis

in response to the timing and amount of rainfall and temperature. In

Riverside County, at least one population contains 300,000 individuals.

Another population contains 75,000 individuals. However, each of these

populations occupies less than 8 ha (20 ac) of habitat and the majority

of individuals occupy an area of less than 1 ha (2 ac) (D. Bramlet, in

litt., 1992). Most populations contain fewer than 1,000 individuals and

occupy less than 0.5 ha (1 acre) of habitat. The Service estimates that

less than 120 ha (300 ac) of habitat in the United States is occupied

by this species.

The majority of N. fossalis populations are on privately owned

lands. Two populations occur on lands with public or Federal ownership:

Camp Pendleton Marine Corps Base and Miramar Naval Air Station.

In Mexico, N. fossalis is known from fewer than 10 populations

clustered in three areas: along the international border; on the

plateaus south of the Rio Guadelupe; and on the San Quintin coastal

plain (Moran 1977).

Previous Federal Action

Federal government action on the four plant taxa considered in this

rule 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 and presented to Congress on January 9, 1975, recommended B.

filifolia for endangered status. The Service published a notice in the

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

report as a petition within the context of section 4(c)(2) (now section

4(b)(3)(A)) of the Act and of the Service's intention to review the

status of the plant taxa named therein, including B. filifolia. The

Service published a proposal in the June 16, 1976, Federal Register (42

FR 24523) to determine approximately 1,700 vascular plants to be

endangered species pursuant to section 4 of the Act. B. filifolia was

also included in this Federal Register notice.

General comments received in response to the 1976 proposal were

summarized in the April 26, 1978, Federal Register (43 FR 17909). The

Endangered Species Act amendments of 1978 required all proposals over 2

years old to be withdrawn, although a 1-year grace period was given to

those proposals already over 2 years old. In the December 10, 1979,

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

withdrawal for that portion of the June 6, 1976, proposal that had not

been made final, along with four other proposals that had expired.

The Service published an updated notice of review of plants in the

Federal Register on December 15, 1980 (45 FR 82480). This notice

included B. filifolia and N. fossalis as category 1 candidate taxa

(species for which data in the Service's possession are sufficient to

support a proposal for listing). On November 28, 1983, the Service

published a supplement to the Notice of Review in the Federal Register

(48 FR 53640). The plant Notice of Review was again revised on

September 27, 1985 (50 FR 39526). B. filifolia and N. fossalis were

included in the 1983 and 1985 supplements as category 2 candidate taxa

(species for which data in the Service's possession indicate listing

may be appropriate, but for which additional biological information is

needed to support a proposed rule). A. fimbriatum var. munzii (now

treated as A. munzii) was included in the 1985 Notice of Review as a

category 2 taxon. On February 21, 1990, a revised Notice of Review was

published in the Federal Register (55 FR 6184) that included A.

fimbriatum var. munzii and B. filifolia as category 1 candidate taxa,

and A. coronata var. notatior as a category 2 candidate taxon; the

status of N. fossalis remained unchanged from the 1985 Notice of

Review. All four plant taxa were listed as category 1 candidate species

in the September 30, 1993, Notice of Review (58 FR 51144).

Section 4(b)(3)(B) of the Endangered Species Act of 1973, as

amended in 1982, requires the Secretary to make findings on pending

petitions within 12 months of their receipt. Section 4(b)(3)(C)(1) of

the Act further requires that all petitions pending on October 13,

1982, be treated as having been newly submitted on that date. That was

the case for B. filifolia because the 1975 Smithsonian report had been

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

1988, 1989, 1990, 1991, and 1992, the Service found that the petitioned

listing of this species was warranted, but precluded by other pending

listing proposals of higher priority. Publication of this proposal

constitutes the final warranted finding for this taxon.

Summary of Factors Affecting the Species

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 set forth the procedures for adding species to

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

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

section 4(a)(1). These factors and their application to Allium munzii

(Traub) McNeal (Munz's onion), Atriplex coronata Wats. var. notatior

Jepson (San Jacinto Valley crownscale), Brodiaea filifolia Wats.

(thread-leaved brodiaea), and Navarretia fossalis Moran (spreading

navarretia) are discussed below and summarized in Table 1.

Table 1.--Summary of Threats

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

Threats

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

Species Alteration

Urbanization ORV1 use Mining of Trampling Alien

agriculture hydrology grazing species

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

Allium munzii......................... X X X .......... X X

Atriplex coronata var. notatior....... X X .......... X X X

Brodiaea filifolia.................... X .......... .......... .......... X X

Navarretia fossalis................... X X .......... X X X

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

1 ORV = off road vehicle.

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. The natural plant communities of

coastal Orange and San Diego Counties, western Riverside and

southwestern San Bernardino Counties, California, and northwestern Baja

California, Mexico, have undergone significant changes as a result of

both direct and indirect human-caused activities. The rapid

urbanization of this region (which currently harbors over 17 million

people) has already eliminated a significant portion of the habitat for

these four taxa. The remaining patches of habitat are frequently

isolated, degraded, and/or fragmented by agricultural practices,

streambed channelization and other hydrological alterations, weed

abatement, fire suppression practices, grazing, and mining.

Allium munzii occurs in open coastal sage scrub and mesic native

perennial grasslands. B. filifolia is known to occur in mesic native

perennial grasslands. These communities have undergone significant

reductions due to urban and agricultural development (Fish and Wildlife

Service 1993, Oberbauer and Vanderweir 1991). Approximately 59 percent

of the coastal sage scrub in Riverside County has been destroyed since

1945 and as much as 71 percent has been destroyed since 1930 (Fish and

Wildlife Service 1993). In San Diego County, 95 percent of the native

perennial grasslands and 72 percent of the coastal sage scrub have been

destroyed (Oberbauer and Vanderweir 1991).

Little is known concerning the historical distribution of A.

munzii. However, as much as 80 to 90 percent of the clay soils in

western Riverside County that may have supported habitat for A. munzii

have been adversely modified through extensive agriculture,

urbanization, and clay mining (California Department of Fish and Game

1989).

Allium munzii has recently been extirpated from at least two sites

as a result of either agricultural development or clay mining. Other

populations of this species have been reduced in terms of available

habitat and numbers. One population of A. munzii was partially

eliminated in 1982 by the realignment of the Interstate 15 freeway

corridor in the Temescal Valley of Riverside County (Roberts 1993a).

Another population was reduced when a portion of its habitat was

inundated for a reservoir (California Department of Fish and Game

1989).

Discing for the purpose of weed abatement or dry land farming

results in habitat loss and population declines of A. munzii. Discing,

combined with impacts from off-road vehicle activity, has recently

affected over 30 percent of the population of A. munzii. (Steve Boyd

and Dave Bramlet, pers. comm., 1993)

Of 12 known populations of A. munzii, 3 occur within major proposed

development projects. One of these proposed projects will eliminate all

of the A. munzii and much of its potential habitat within the project

boundaries (Roberts 1993a).

Over 25 percent of B. filifolia populations have been eliminated by

urbanization and agricultural conversion. One of the two largest

populations of this species occurs in the Vista-San Marcos-Carlsbad

region of northwestern San Diego County; nearly half of this population

has been eliminated (California Native Diversity Data Base 1993; Wayne

Armstrong, Palomar College, pers. comm., 1993). Over the last 15 years,

nearly 60 ha (150 ac) of occupied habitat containing over 80,000 plants

have been eliminated in the cities of San Marcos and Vista (CNDDB 1992;

Taylor and Burkhart 1992; Wayne Armstrong, pers. comm., 1993).

Urbanization continues to be the most significant threat to this

species. Over 25 percent of the remaining populations of B. filifolia

in San Diego and Riverside Counties are currently within proposed or

approved development projects. It is probable that the only known

population of B. filifolia reported for San Bernardino County in nearly

70 years will be removed by a major pipeline project (Robert Thorne,

Rancho Santa Ana Botanical Garden, pers. comm., 1993; Edna Rey, U.S.

Fish and Wildlife Service, pers. comm., 1993).

The only population of B. filifolia known to occur on Federal land

was recently discovered within an abandoned weapons impact area on Camp

Pendleton Marine Corps Base in San Diego County (Dawn Lawson, pers.

comm., 1993).

At least one population of B. filifolia is associated with mesic

grasslands that occur in association with vernal pools. This population

occurs on 26 ha (65 ac) of habitat located near downtown San Marcos in

San Diego County. Although the site is not currently within a planned

project, the landowner intends to develop the site (Wayne Armstrong,

pers. comm., 1993). This area also contains a small population of N.

fossalis and a diverse number of other sensitive plant taxa.

Vernal pools have undergone an extraordinary reduction in number

and have nearly been eliminated in Los Angeles, Orange, and San Diego

Counties, California, and greatly reduced in Riverside County. In San

Diego County, over 97 percent of vernal pool habitat occupied, in part,

by N. fossalis, had been lost by 1990 (Bauder 1986, Oberbauer and

Vanderweir 1991).

Loss estimates for vernal pools and vernal wetlands in Riverside

County are less certain and are based on the status of soil types that

support these kinds of habitat. The Service estimates that about 12,800

ha (32,000 ac) in the Perris, western San Jacinto, and Menifee Valleys

were historically dominated by alkali scrub, alkali playa, alkali

grassland, or vernal pool plant communities and contained significant

populations of B. filifolia, A. coronata var. notatior, and N.

fossalis. About 75 percent of this area is currently under a

combination of intensive cultivation, urbanization, or channelization;

is being filled; or is otherwise highly disturbed. A significant

portion of the remaining 2,800 ha (7,000 ac) has been disturbed (Tierra

Madre Consultants 1992, Roberts 1993b).

Extant populations of A. coronata var. notatior, B. filifolia, and

N. fossalis are associated with the San Jacinto River and a tributary

of Old Salt Creek just west of the city of Hemet. Much of this area has

been subject to dry land farming or irrigated farming at some time

during the last 100 years. However, a 5-year drought contributed

significantly to a reduction in agricultural activity, particularly

along the San Jacinto River. Conversely, in some areas, the soils have

routinely been too wet and too alkaline for dry land farming. Both of

these factors have contributed to the continued existence of these taxa

in this area.

Major commercial and urban development, transportation, and flood

control projects have been proposed in General and Specific Plans for

both the San Jacinto River Valley and the area west of Hemet. According

to documents on file with the County of Riverside and the City of

Perris, these proposals will result in over 19,000 new residential

units, as well as hotel and commercial developments encompassing over

3,200 ha (8,000 ac) (Riverside County Planning Department 1991; Louis

Massey, Department of Planning, City of Perris, pers. comm., 1993; Mark

Goldberg, City of Hemet, pers. comm., 1993). These projects will reduce

potential habitat for A. coronata var. notatior, N. fossalis, and B.

filifolia over 1,400 ha (3,500 ac) (Roberts 1993b). These projects will

destroy over 45 percent of the A. coronata var. notatior populations

and at least 70 percent of the N. fossalis populations within the

project areas.

Although the urbanization that will result from these major

projects and others associated with the cities of San Jacinto and Hemet

may not occur for 2 to 5 years, these same areas are more imminently

threatened by a recent increase in pipeline construction, dry land

farming, and weed abatement activities.

Three pipeline projects have recently destroyed vernal pool, alkali

grassland, and alkali playa habitat and directly impacted several

populations of A. coronata var. notatior, N. fossalis and at least one

historical site for B. filifolia in the San Jacinto River floodplain

near Hemet (Roger Turner, Eastern Municipal Water District, pers.

comm., 1992, 1993; Tierra Madre Consultants 1992).

In 1993, over 200 ha (500 ac) of occupied or potential habitat for

A. coronata var. notatior, B. filifolia, and N. fossalis were disced

for weed abatement or fire suppression purposes (Roberts 1993b). In

June 1993, an additional 80 ha (200 ac) of habitat containing A.

coronata var. notatior and N. fossalis were disced and seeded for dry

land farming (Bill Sweeney, landowner, pers. comm., 1993). At least 13

stands of A. coronata var. notatior have been adversely modified since

1990, including 2 of the largest. This has resulted in the potential

loss of nearly 14 percent of the plants (Roberts 1993b).

Navarretia fossalis also occurred historically in the vicinity of

Murrieta Hot Springs in Riverside County during the 1920's (Spencer, in

litt., 1993). Much of the Murrieta Hot Spring area has been urbanized

or converted to agriculture resulting in a significant reduction and

fragmentation of potential N. fossalis habitat (Service, unpublished

data).

In San Diego County, N. fossalis occurs within vernal pool

complexes (Bauder 1986, California Native Diversity Data Base 1993,

Hogan and Belk 1992). These areas have been and continue to be impacted

by urbanization and agricultural conversion (Bauder 1986; Nancy Gilbert

and Ellen Berryman, U.S. Fish and Wildlife Service, pers. comm., 1993).

The largest concentration of N. fossalis occurs on Otay Mesa in San

Diego County. At least 37 proposed Precise Plans and Tentative Maps for

development have been filed pursuant to the California Environmental

Quality Act for this area. These plans encompass about 80 percent of

the undeveloped portion of the mesa within the jurisdiction of the city

of San Diego and virtually all but four of the remaining vernal pool

complexes. Several of these projects will impact N. fossalis. At least

one major transportation project has been proposed for Otay Mesa and

could potentially impact vernal pools that are occupied by N. fossalis

(California Department of Transportation 1993).

Navarretia fossalis are found on Federal lands managed by the Navy:

Miramar Naval Air Station and Camp Pendleton Marine Corps Base. These

lands are used, in part, for military training activities that involve

off-road vehicle maneuvers that adversely impact this species (Hogan

and Belk 1992).

Trash dumping has also degraded vernal pools in San Diego County.

Chunks of concrete, tires, refrigerators, furniture, and other pieces

of garbage or debris have been found in pools containing N. fossalis.

This trash crushes or shades vernal pool plants, disrupts the

hydrologic functions of the pool, and, in some cases, may release toxic

substances.

Vernal pools in Riverside and San Diego Counties and, to a lesser

extent, the alkali wetland habitats of Riverside County have also been

degraded by off-road vehicles. These vehicles compact soils, crush

plants when water is present, cause turbidity, and leave deep ruts.

This type of damage may alter the microhydrology of the pools. Dirt

roads that go through or adjacent to pools are widened as motorists try

to avoid mud puddles, and, in this way, the pools are gradually

destroyed.

The vernal pool, alkali grassland, alkali playa, and alkali sink

habitats upon which N. fossalis and A. coronata var. notatior and, to a

lesser extent, B. filifolia depend are also vulnerable to indirect

destruction due to an alteration of the supporting watershed. An

increase in water due to urban run-off leads to increased inundation

and makes pools vulnerable to invasion by marshy plant species

resulting in decreased abundance of obligate vernal pool taxa. At the

other extreme, some pools and alkali wetlands have been drained or

blocked from their source of water and have shown an increased

domination by upland plant species. Of the species considered herein,

N. fossalis is the most vulnerable to alterations in hydrology.

Development projects adjacent to vernal pools and alkali wetlands

are often responsible for adverse alterations in drainage. Hydrological

alterations are sometimes a result of agricultural development, or a

combination of urban development and agriculture. This situation is

exemplified by recent activities near Hemet in Riverside County,

California. In 1989, drainage structures were constructed within alkali

grassland and vernal pools west of Hemet in association with an Auto

Mall (Mark Goldberg, pers. comm., 1993). These structures have

significantly reduced standing water and are responsible for the

gradual drying of wetland vegetation as evidenced by relic stands of

Eleocharis palustris and other obligate wetland species (Wayne Ferren,

University of California, Santa Barbara, pers. comm., 1993).

Historically, wetlands have been drained for agriculture. In this case,

the land becomes suitable for urban development.

Livestock grazing typically changes the composition of native plant

communities by reducing or eliminating those species that cannot

withstand grazing and trampling and by enabling more resistant (usually

non-native) species to increase in abundance. Taxa that were not

previously part of the native flora may be introduced and flourish

under a grazing regime and may reduce or replace native species through

competition for resources. Plants within vernal pools or adjacent

alkali grasslands, playa, or scrub habitats may be trampled and killed

or grazed prior to seed production.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not currently a known threat

factor for the four taxa considered herein.

C. Disease or predation. Neither disease nor natural predation are

known to be a factor for the four plant taxa. Cattle grazing occurs on

Otay Mesa in areas where several vernal pool complexes contain N.

fossalis. Intensive sheep grazing occurs west of Hemet and along the

San Jacinto River in habitat occupied by N. fossalis, A. coronata var.

notatior, and B. filifolia. A. munzii is not a forage plant utilized by

domestic livestock, so far as can be determined by the Service.

D. The inadequacy of existing regulatory mechanisms. Existing

regulatory mechanisms that could provide some protection for these

species include: (1) listing under the California Endangered Species

Act; (2) consideration under the California Environmental Quality Act;

(3) implementation of conservation plans pursuant to the State of

California's Natural Community Conservation Planning Act of 1991; (4)

section 404 of the Federal Clean Water Act; (5) occurrence with other

species protected by the Federal Endangered Species Act; (6) land

acquisition and management by Federal, State, or local agencies, or by

private groups and organizations; (7) local laws and regulations; and

(8) Mexican law.

The California Fish and Game Commission has listed B. filifolia as

endangered and A. munzii (=A. fimbriatum var. munzii) as threatened

under the Native Plant Protection Act (NPPA) (Div. 2, chapter 10,

section 1900 et seq. of the California Fish and Game Code) and the

California Endangered Species Act (CESA) (Div. 3, chapter 1.5, section

2050 et seq.). A. coronata var. notatior and N. fossalis are included

on Lists 1A, 1B, or 2 of the California Native Plant Society's

Inventory (Smith and Berg 1988), which, in accordance with section

1901, chapter 10 of the California Department of Fish and Game Code,

makes them eligible for State listing. Although NPPA and CESA both

prohibit the ``take'' of State-listed plants (chapters 10 and 1.5,

sections 1908 and 2080, respectively), these existing statutes appear

inadequate to protect against the taking of such plants via habitat

modification or land use change by the landowner. After the Department

notifies a landowner that a State-listed plant grows on his or her

property, the Fish and Game Code 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, section 1913).

In addition, development proposals in Carlsbad (San Diego County)

and in the Gavilan Hills (Riverside County) that involve direct impacts

to A. munzii and B. filifolia have proceeded without notification to

with the Department (Roberts 1993(a); Jim Dice, California Department

of Fish and Game, pers. comm., 1993). In another case, a landowner

disced a stand of N. fossalis growing with the State-listed Orcuttia

californica for fire control without notifying the California

Department of Fish and Game (Howard Windsor, Riverside County Fire

Department, pers. comm., 1993).

The majority of the known populations of the four taxa considered

herein occur on privately owned land. Local lead agencies empowered to

uphold and enforce the regulations of the California Environmental

Quality Act (CEQA) have made determinations that have or will adversely

affect A. munzii, A. coronata var. notatior, B. filifolia, and N.

fossalis. Required biological surveys are often inadequate and project

proponents may ignore the results of surveys if occurrences of

sensitive species are viewed as a constraint on project design.

Mitigation measures used to condition project approvals are essentially

experimental and fail to adequately guarantee long-term protection of

sustainable populations. Relocation attempts have failed. Project

designs have also failed to provide an adequate buffer zone around

sensitive plant populations to protect their long-term viability

(WESTEC 1988, D. Bramlet, in litt., 1992, Hogan and Belk 1992, S. Boyd,

pers. comm., 1993, M. Simovich, pers. comm., 1993).

Even though impacts to rare plant taxa including N. fossalis, B.

filifolia, and A. coronata var. notatior were considered significant

under CEQA when several pipeline projects and Specific Plans were

proposed in Riverside County, California, only A. coronata var.

notatior was consistently considered in the environmental impact

analyses. These projects proposed either no or inadequate mitigation

for impacts to sensitive plant taxa (D. Bramlet, in litt., 1992;

Roberts 1993b). In another case, a major development in San Marcos (San

Diego County) resulted in a 70 percent reduction in B. filifolia

habitat. Although 5 ha (12 ac) were set aside for preservation of this

species, the preserve is surrounded by residential development, has

inadequate buffers, and is poorly configured (WESTEC 1988).

The State of California has established the Natural Community

Conservation Planning (NCCP) program to address the conservation needs

of natural ecosystems throughout the State. The initial focus of this

program is the coastal sage scrub community. A. munzii has been

included as one of the species for consideration under the Coastal Sage

Scrub NCCP Program. However, only 3 of 12 populations of A. munzii that

occur on private lands have been enrolled in this voluntary program. At

the present time, no plans have been completed or implemented, and no

protection is currently provided by the NCCP program to the taxa

considered herein.

Under section 404 of the Clean Water Act, the U.S. Army Corps of

Engineers (Corps) regulates the discharge of fill into waters of the

United States, including navigable waters, wetlands (e.g., vernal

pools), and other waters. The Clean Water Act requires project

proponents to obtain a permit from the Corps prior to undertaking many

activities (e.g., grading, discharge of soil or other fill material)

that would result in the fill of wetlands under the Corps'

jurisdiction. The Corps promulgated Nationwide Permit Number 26 (see 33

CFR 330.5(a)(26)) to address fill of isolated or headwater wetlands

totalling less than 4 ha (10 ac). Under Nationwide Permit 26, proposals

that involve the fill of wetlands less than 0.4 ha (1 ac) are

considered authorized. Where fill would adversely modify between 0.4 to

4 ha (1 to 10 ac) of wetland, the Corps circulates a predischarge

notification to the Service and other interested parties for comment to

determine whether or not an individual permit should be required for a

proposed fill activity and associated impacts.

Individual permits are required for the discharge of fill material

that would fill or adversely modify greater than 4 ha (10 ac) of

wetlands. The review process for the issuance of individual permits is

more rigorous than for nationwide permits. Unlike nationwide permits,

an analysis of cumulative wetland impacts is required for individual

permit applications. Resulting permits may include special conditions

that require the avoidance or mitigation of environmental impacts. On

nationwide permits, the Corps has discretionary authority to require an

applicant to seek an individual permit if the Corps believes that the

resources are sufficiently important, regardless of the wetland's size.

In practice, the Corps rarely requires an individual permit when a

project would qualify for a nationwide permit, unless a threatened or

endangered species or other significant resources might be adversely

affected by the proposed activity.

Atriplex coronata var. notatior and N. fossalis could potentially

be affected by projects requiring a permit from the Corps under section

404 of the Clean Water Act. Although the objective of the Clean Water

Act is to ``restore and maintain the chemical, physical, and biological

integrity of the Nation's waters'' (33 U.S.C. 1341 et seq.), which

include navigable and isolated waters, headwaters, and adjacent

wetlands, no specific provisions adequately address the need to

conserve candidate species such as those considered herein.

In Riverside County, the Corps has not required a permit or

mitigation for filling of wetland habitat occupied by A. coronata var.

notatior, N. fossalis, or B. filifolia in instances where the land had

previously been used for agriculture or where the wetland was

determined not to be within the jurisdiction of the Corps. The Corps

has indicated a lack of certainty over whether hydric soils existed on

the site, even though hydric vegetation and hydrologic features were

present (Service, in litt., 1993). Even if the Corps establishes

jurisdiction under the Clean Water Act over vernal pools, this does not

ensure their protection. At least two vernal pool complexes under Corps

jurisdiction in San Diego County have been destroyed or degraded

without a section 404 permit (Jim Dice, pers. comm., 1993; Carrie

Phillips, U.S. Fish and Wildlife Service, pers. comm., 1993).

The Endangered Species Act of 1973, as amended, (Act) may

incidentally afford protection to the species under consideration in

this proposal if they co-exist with species already listed as

threatened or endangered under the Act. Pogogyne abramsii (San Diego

mesa mint), Pogogyne nudiscula (Otay Mesa mint), Orcuttia californica

(California Orcutt grass), Eryngium aristulatum var. parishii (San

Diego button celery), and the Riverside fairy shrimp (Streptocephalus

wootoni) are listed as endangered under the Act and occur in the same

habitat as several of the taxa considered in this proposal. However,

these species are generally not found in the same vernal pool complexes

as the taxa considered in this proposal. N. fossalis co-exists with

other listed species in only seven vernal pool complexes (one in

Riverside County, six in San Diego County).

The Stephens' kangaroo rat (Dipodomys stephensi) is listed as

endangered and the coastal California gnatcatcher (Polioptila

californica) is listed as threatened under the Act. These species occur

in coastal sage scrub (gnatcatcher) and grassland (kangaroo rat)

habitats. Although A. munzii is known from similar habitats, less than

30 percent of its population overlaps known populations of these listed

animals. Where overlap does occur, the A. munzii populations are either

already preserved or potentially protected from development by other

regulations. However, in these cases, A. munzii is still threatened by

off-road vehicle activity and exotic plant species.

Land acquisition and management by Federal, State, or local

agencies or by private groups and organizations has contributed to the

protection of some localities inhabited by the taxa under consideration

in this proposal. However, as discussed below, these efforts are often

directed at other species and are inadequate to assure the long-term

survival of the taxa considered in this proposal.

Allium munzii is found in the Cleveland National Forest and is

recognized by the Forest Service as a sensitive species (Forest Service

1992). The Forest Service has policies to protect sensitive plant taxa,

including attempting to establish these species in suitable or historic

habitat, and encouraging land ownership adjustments to acquire and

protect sensitive plant habitat. To this end, the Forest Service (1992)

has released a Management Guide for A. munzii. However, only a portion

of a single population actually occurs within the Cleveland National

Forest, and it continues to be threatened by off-road vehicle activity.

The Service recently entered into a Memorandum of Understanding

(MOU) with local jurisdictions in Riverside County, the California

Department of Fish and Game, and the Corps concerning channelization of

the San Jacinto River and protection of A. coronata var. notatior

habitat along the river. The purpose of this MOU is to reconcile

conflicts between the conservation of this floodplain species and

proposed flood control measures associated with major urban development

plans. New information on the distribution of A. coronata var. notatior

indicates that less than 10 percent of its population would be

protected in the project area. The MOU does not address the

conservation of N. fossalis, B. filifolia, or other rare plant taxa

that also occur within the project area. The proposed project could

result in significant urban development and hydrological alterations

that will contribute to the decline of all these taxa. The MOU has no

binding control over private land use. In 1993, about 160 ha (400 ac)

within a potential preserve area for A. coronata var. notatior were

disced, apparently as weed abatement. It is noteworthy that the

location of these 160 ha (400 ac) coincides with the location of

proposed development project areas (Roberts 1993b).

At least two of the taxa considered herein occur within the San

Jacinto Wildlife Preserve, which is managed by the State of California.

Although this preserve provides protection from urbanization and

agriculture, it was originally established to maintain waterfowl

hunting along the San Jacinto River. In meeting this objective, a

significant area of habitat for the taxa considered in this proposal

has been converted into waterfowl habitat and planted with exotic

grasses as food for migrating waterfowl. Habitat within the preserve is

also threatened, in part, with destruction from construction of utility

lines (Metropolitan Water District of Southern California 1992).

The Santa Rosa Plateau Preserve is managed by The Nature

Conservancy and contains the largest remaining population complex of B.

filifolia and a single, small population of N. fossalis. Although these

populations are managed for long-term protection and viability, they

represent only a fraction of the range of either species and do not

adequately ensure the continued existence of these species.

The County of Riverside has initiated the preparation of a Multi-

Species Habitat Conservation Plan (MSHCP). Although the intent of this

plan is to identify and acquire areas with high biological diversity

and sensitive species, the program is focused on animal species. Plant

taxa are not well represented. The MSHCP has identified potential

acquisition areas and has made limited land acquisitions. These areas,

as currently proposed, will not provide for the long-term survival of

A. munzii, N. fossalis, or B. filifolia. The largest known A. coronata

var. notatior population is within a potential acquisition area.

However, this site is still threatened by seasonal agricultural

activities.

Local laws and regulations potentially offer some protection to

species considered within this proposal but these laws and regulations

are subject to overriding considerations, are seldom enforced, and, in

some cases, are conflicting. For example, the city of Hemet General

Plan requires that biological surveys be conducted at sites that may

contain sensitive plants prior to alteration of a site for development.

However, the City has also adopted an ordinance that requires vacant

land to be cleared for weed abatement (Ron Wrench, City of Hemet, Fire

Department, pers. comm., 1993). This activity has contributed to the

decline of A. coronata var. notatior, N. fossalis, and other sensitive

plant species for which the City general plan requires surveys.

Habitat in Riverside County for A. coronata var. notatior, N.

fossalis, and B. filifolia has been degraded by discing for weed

abatement and fire management purposes. County ordinances require that

parcels smaller than 2 ha (5 ac) and up to 30 meters (100 feet)

adjacent to roads be cleared to reduce the potential for fire (Howard

Windsor, Riverside County Fire Abatement, pers. comm., 1993). These

activities have contributed to the decline of N. fossalis and the

Federal endangered Orcuttia californica. In some cases, landowners have

exceeded the clearing requirements resulting in additional reduction of

sensitive plant populations and the adverse modification of their

habitat.

Navarretia fossalis also occurs in northwestern Baja California,

Mexico. The Service is not aware of any existing regulatory mechanisms

in Mexico that would protect this taxon or its habitat. Although Mexico

has laws that could provide protection to rare plants, these laws are

not easily enforced.

E. Other natural or manmade factors affecting their continued

existence. Non-native species of grasses and forbs have invaded many of

southern California's plant communities. Their presence and abundance

are often an indirect result of habitat disturbance from grazing,

development, mining, discing, and alteration of hydrology. All four

plant taxa considered in this proposal are subject to displacement by

such alien plant species.

Many vernal pools on Otay Mesa and in San Marcos (San Diego County)

have become dominated by Lolium perenne. This alien plant species is

tolerant of inundation and displaces native species such as N. fossalis

and B. filifolia. Other non-native grass species such as Avena barbata

and Bromus rubens are dominate on the clay soils required by A. munzii.

In Riverside County, Crypsis niliaca, an aggressive alien grass, has

been seeded as a food source for migratory waterfowl along the San

Jacinto River. This species is becoming widespread and has replaced or

is in the process of replacing native vernal pool and other native

species, including N. fossalis, B. filifolia, and A. coronata var.

notatior, on the San Jacinto Wildlife Preserve and other areas west of

Hemet (D. Bramlet, in litt., 1992).

The taxa under consideration in this proposal are highly reliant on

seasonal rainfall. Drier conditions, such as those that prevailed from

1986 to 1992, reduce the number of individuals in populations. Climatic

conditions stress species and reduce germination and survival rates.

Negative effects of habitat loss and degradation from other factors

including development, discing, and grazing, when combined with

climatic conditions, increase the level of threat to the involved

species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these four taxa in determining to propose this

rule. Based on this evaluation, the Service finds that Allium munzii

and A. coronata var. notatior are in danger of extinction throughout

all or a significant portion of their ranges. Both taxa are threatened

by urbanization and agricultural development, off-road vehicle use,

trampling and grazing by cattle and sheep, and competition from exotic

plant taxa. A. munzii is also threatened by clay mining activities. A.

coronata var. notatior is threatened by alteration of hydrology of its

vernal pool and alkali vernal wetland plains habitats. Therefore, the

preferred action is to list these taxa as endangered.

For reasons discussed below, the Service finds that B. filifolia

and N. fossalis are likely to become endangered species in the

foreseeable future throughout all or a significant portion of their

ranges. Therefore, the preferred action is to list these taxa as

threatened. While many populations of B. filifolia are threatened by

urbanization and agricultural development, trampling, grazing, and

competition from exotic plant taxa, the Service finds that threatened

status is appropriate for B. filifolia because the largest remaining

populations are protected. The Service finds that threatened status is

appropriate for N. fossalis because, while many populations are

threatened by urbanization and agricultural development, alteration of

hydrology of its vernal pool habitat, trampling, and competition from

exotic plant taxa, this taxon has demonstrated resilience to some forms

of disturbance and occurs in enough populations that it is not in

immediate danger of extinction. Except for A. coronata var. notatior,

critical habitat is not being proposed for these taxa for the reasons

discussed below.

Critical Habitat

As defined by section 3(5)(A) of the Act, the term ``critical

habitat'' for a threatened or endangered species means--(i) the

specific areas within the geographical area occupied by the species, at

the time it is listed in accordance with the provisions of section 4 of

this Act, on which are found those physical or biological features (I)

essential to the conservation of the species and (II) which may require

special management considerations or protection; and (ii) specific

areas outside the geographical area occupied by the species at the time

it is listed . . . upon a determination by the Secretary that such

areas are essential for the conservation of the species.

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 taxon is listed. 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 threatened by taking or other human activity

and identification of critical habitat can be expected to increase the

degree of such threat to the species; or (2) such designation of

critical habitat would not be beneficial to the species.

Critical habitat is not determinable if insufficient information

exists to perform an economic impact analysis of designating a

particular area as critical habitat or if the biological needs of the

species are not sufficiently well known to permit identification of an

area as critical habitat (50 CFR 424.12(a)(2)).

The Service finds that designation of critical habitat is not

prudent at this time for A. munzii and B. filifolia. Most populations

of A. munzii and B. filifolia are on privately owned lands with little

or no Federal involvement. The additional protection provided by the

designation of critical habitat is achieved through section 7.

Therefore, the designation of critical habitat for these two taxa would

not appreciably benefit the species. Identification of critical habitat

is also expected to increase the degree of threat from human activity

for these two taxa. Publication of precise maps and descriptions of

critical habitat could result in additional habitat destruction through

trampling, discing, and grading. Unregulated grazing activity, which

results in trampling of habitat by sheep or cattle, may be encouraged

to reduce habitat viability.

In several cases, after a species has been identified and located

on a site, the landowner has elected to disc or otherwise alter the

site. A number of these alterations have occurred and could represent

efforts to eliminate sensitive resources that could pose a constraint

to future development. In 1986, one land owner hired a biological firm

to identify A. munzii localities on a specific property in Riverside

County. After the report was released, areas of clay soil (including

those with A. munzii populations) on the parcel were disced (Department

1989). In another case in Los Angeles County, after a population of B.

filifolia was identified and well publicized in Glendora, the site was

disced for fire control (Swinney 1991).

The largest remaining population of B. filifolia occurs on the

Santa Rosa Plateau, which is managed by The Nature Conservancy. The

Nature Conservancy is adequately managing the mesic grassland habitat

within the preserve for the long-term preservation of B. filifolia and

other sensitive plant species. Although the Service finds that the area

is essential to the conservation of B. filifolia, designation of

critical habitat at the Santa Rosa Plateau Preserve would not

appreciably benefit the species. No Federal activities are expected to

occur that would be the basis for formal consultation under section 7

of the Act. It is primarily through this means that added protection is

provided to listed species through a critical habitat designation.

Based on the information discussed above, the Service finds that it

is not prudent at this time to designate critical habitat for A. munzii

and B. filifolia because such a designation may increase the degree of

threat from trampling, discing, or other destructive activities and is

unlikely to appreciably benefit the conservation of these taxa.

Protection of habitat for A. munzii and B. filifolia will be addressed

through the recovery process and, if Federal involvement occurs,

through the section 7 consultation process.

The Service is in the process of defining critical habitat and

determining more clearly what the ecological requirements and

constituent elements are for N. fossalis. The Service may find that

determination of critical habitat is not prudent for this taxon,

however, at this time designation of critical habitat is not

determinable.

The Service is proposing to designate critical habitat in Riverside

County for A. coronata var. notatior. Although this designation is

likely to increase the degree of threat to this taxon from human-

related activities, the Service finds that the benefits of the

additional protection provided through recognition and requirements for

section 7 compliance associated with a critical habitat designation

exceed the risk of vandalism and other destructive activities. A.

coronata var. notatior and its habitat in Riverside County are

resilient to intermittent discing and agricultural activities as

indicated by the history of disturbance and reestablishment of this

taxon in the area west of Hemet and along the San Jacinto River.

The Service is required to base critical habitat designations on

the best scientific data available, after taking into consideration the

probable economic and other impacts of making such a designation (50

CFR 424.12(a)). In determining what areas to propose as critical

habitat, the Service considers those physical and biological features

that are essential to the conservation of the species and that may

require special management considerations or protection. Such

requirements include, but are not limited to, the following: (1) space

for individual and population growth; (2) food, water, air, light,

minerals, or other nutritional or physiological requirements; (3) cover

or shelter; (4) sites for breeding, reproduction, rearing of offspring,

germination, or seed dispersal; and, generally, (5) habitats that are

protected from disturbance or are representative of the historic

geographical and ecological distributions of a species. The Service

also considers primary constituent elements of critical habitat that

may include, but are not limited to, the following: roost sites;

nesting grounds; spawning sites; feeding sites; seasonal wetlands or

drylands; water quality or quantity; host species; plant pollinators;

geological formation; vegetation type; and specific soil types.

Critical habitat is being proposed for A. coronata var. notatior to

include alkali grassland, alkali sink, and vernal pools in Riverside

County, California. The following areas are proposed as critical

habitat:

1. Approximately 1,266 ha (3,165 ac) located along 10 km (6 miles)

of the San Jacinto River from just above Davis Road south by southwest

to Interstate 215.

2. About 272 ha (680 ac) along a tributary to Old Salt Creek, west

of the town of Hemet, between Florida Avenue, Ryan Airfield, and the

Atchison Topeka and Santa Fe Railroad tracks.

A total of approximately 1,540 ha (3,845 ac) are being proposed as

critical habitat. These areas contain the majority of the remaining

known populations of A. coronata var. notatior and potentially suitable

habitat for this taxon in Riverside County. Both of the proposed

critical habitat areas contain (or with recovery will contain) suitable

alkali grassland, alkali scrub, alkali sink, or vernal pool habitat for

this taxon. The distribution of A. coronata var. notatior is patchy

within this habitat and is expected to shift over time. Because of

these spatial and temporal factors, it is important to protect the

watershed and microhabitat diversity upon which this taxon depend. Both

areas contain unoccupied habitat or former (degraded) habitat that is

needed for recovery of ecosystem integrity and to increase or maintain

populations of this taxon.

Floodplains (seasonal wetlands) dominated by alkali playas, alkali

scrub, alkali grasslands, and vernal pools represent the primary

constituent elements of critical habitat for A. coronata var. notatior

with respect to its survival needs (hydrology, soils, and associated

species). The majority of these habitats occur in association with the

Willows soils series (as defined by the Soil Conservation Service and

Bureau of Indian Affairs (1971)) but some occur within the Waukena,

Traver, Domino, and Chino soils series. These habitats can recover from

dry land farming activities that are left fallow and undisturbed for a

number of years. As additional information is obtained, designation of

other critical habitat areas may be proposed.

Atriplex coronata var. notatior requires seasonal inundation and/or

flooding. The seasonal wetland habitats that it occupies are dependent

on adjacent transitional wetlands and marginal wetlands within the

watershed. These adjacent habitats would not be adequately protected

under the listing prohibitions of the Act. Designation of critical

habitat will benefit A. coronata var. notatior by providing additional

protection to the ecosystem upon which it depends through recognition

and section 7 consultation procedures (where applicable).

Section 4(b)(8) requires, for any proposed or final regulation that

designates critical habitat, a brief description and evaluation of

those activities (public or private) that may adversely modify such

habitat or may be affected by such designation.

Actions that could adversely affect critical habitat for A.

coronata var. notatior include: (1) destruction of alkali grassland,

playa or scrub, and vernal pool habitat; (2) destruction of the hard

pan layer that is responsible for a perched water table; or (3)

increases in human-associated disturbance. Specific actions that could

cause these effects are stream channelization, draining of ponds, water

diversion, sheep grazing, discing for weed abatement, and conversion to

agriculture or residential development. Complete or major destruction

of the alkaline floodplain environment would significantly reduce or

eliminate A. coronata var. notatior from the affected area and further

endanger this species throughout the remainder of its range and

preclude opportunities for recovery. Stream channelization would remove

flooding that is necessary, in part, for seed dispersal. Draining

winter ponds would alter the hydrology and render the habitat unusable

and increase the opportunity for exotic and upland plants to invade.

Sheep grazing selectively removes native species, damages plants

through trampling, and encourages the establishment of invasive exotic

plant species. Discing gradually reduces the viability and diversity of

the habitat, particularly the perennial plant component, and increases

the opportunity for weedy exotic plant species to invade and alter the

habitat.

At least three Federal agencies (Corps, Environmental Protection

Agency (EPA), and the Federal Highway Administration (FHA)) have or may

have jurisdiction and responsibilities within the proposed critical

habitat, and section 7 consultations might be required in a number of

instances. Known proposals that could require consultation include:

channelization of the San Jacinto River; widening of the Ramona

Expressway; Metropolitan Water District Inland Feeder and Eastside

Reservoir pipeline projects; and a number of specific plans sponsored

by the County of Riverside and the City of Perris. These projects have

the potential for significant adverse effects on A. coronata var.

notatior. Section 7 consultation procedures usually result in

modification, rather than curtailment of such projects.

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 will consider these impacts and all additional

relevant information obtained during the public comment period or

otherwise developed by the Service before finalizing this proposed

action.

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 and animals 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 with the

Service on any action that is likely to jeopardize the continued

existence of a proposed species or result in destruction or adverse

modification of proposed critical habitat. If a species is subsequently

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

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

jeopardize the continued existence of such a species or destroy or

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

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Federal agencies expected to have involvement with A. coronata var.

notatior, B. filifolia, and N. fossalis include the Corps and the EPA

due to their permit authority under section 404 of the Clean Water Act.

The Federal Aviation Administration has jurisdiction over areas with

vernal pools containing N. fossalis near Montgomery Field within the

city limits of San Diego and Brown Field on Otay Mesa in San Diego

County. This jurisdiction would also apply if any of the taxa

considered in this rule are discovered at Perris Airport or Ryan

Airport in Riverside County. The FHA will likely be involved through

potential funding of highway construction projects near Hemet

(Riverside County) and Otay Mesa (San Diego County). N. fossalis occurs

on Miramar Naval Air Station and on Camp Pendleton Marine Corps Base.

These bases will likely be involved through military activities or

potential excessing of Federal lands. The Immigration and

Naturalization Service will need to evaluate the effects of its

activities on N. fossalis, which is known to occur along the

international border and could be trampled by persons entering the

United States illegally. The Forest Service has jurisdiction over at

least a portion of one population of A. munzii in Cleveland National

Forest.

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

17.62, 17.63, 17.71 and 17.72 set forth a series of prohibitions and

exceptions that apply to all endangered or threatened plants. With

respect to the four plant taxa considered herein, all trade

prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61

and 17.71, 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 in interstate

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

species from areas under Federal jurisdiction. In addition, for plants

listed as endangered, the Act makes it illegal to maliciously damage or

destroy any such species on Federal lands or remove, cut, dig up,

damage, or destroy any such species in knowing violation of any State

law or regulation, including criminal trespass laws. Certain exceptions

apply to agents of the Service and State conservation agencies. Seeds

from cultivated specimens of threatened plant species are exempt from

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

appears on their containers.

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 or threatened plants under certain circumstances.

It is anticipated that few trade permits would ever be sought or issued

for the taxa considered herein because they are not common in

cultivation or in the wild. These species have specific germination and

growth requirements including, in some cases, seasonal inundation that

would be difficult to recreate in cultivation.

Requests for copies of the requirements and regulations on permits

or trade in wildlife and plants and inquiries regarding them should be

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

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

97232-4181 (503/231-2063; FAX 503/231-6243.

Public Comments Solicited

The Service intends that any final action resulting from this

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

comments or suggestions from the public, other concerned governmental

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

party concerning this proposed rule are hereby solicited. Comments

particularly are sought concerning:

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

any threat (or lack thereof) to these taxa;

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

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

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

population size of these taxa;

(4) Current or planned activities in the subject area and their

possible impacts on these species; and

(5) Any foreseeable economic and other impacts resulting from the

proposed designation of critical habitat, especially for A. coronata

var. notatior.

The final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final regulation that differs

from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of the proposal. Such requests must be made in

writing and addressed to the Field Supervisor of the Carlsbad Field

Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, 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 Field Supervisor, Carlsbad Field Office (see

ADDRESSES section).

Author

The primary author of this proposed rule is Fred M. Roberts, Jr. of

the Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

PART 17--[AMENDED]

Accordingly, it is hereby proposed to amend part 17, subchapter B

of chapter I, title 50 of the Code of Federal Regulations, 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. Section 17.12(h) is amended 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

* * * * * * *

Allium munzii (=A. Munz's onion............ U.S.A. (CA)............. Liliaceae............... E NA NA

fimbriatum var. munzii).

* * * * * * *

Atriplex coronata var. San Jacinto Valley U.S.A. (CA)............. Chenopodiaceae.......... E 17.96(a) NA

notatior. crownscale.

* * * * * * *

Brodiaea filifolia....... Thread-leaved brodiaea.. U.S.A. (CA)............. Liliaceae............... T NA NA

* * * * * * *

Navarretia fossalis...... Spreading navarretia.... U.S.A. (CA), Mexico..... Polemoniaceae........... T NA NA

* * * * * * *

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

4. It is further proposed to amend Sec. 17.96(a) for plants by

adding critical habitat of Atriplex coronata var. notatior in the same

alphabetical order as the species occurs in Sec. 17.12(h).

Sec. 17.96 Critical habitat--plants.

(a) * * *

* * * * *

Family Chenopodiaceae: Atriplex coronata var. notatior (San

Jacinto Valley crownscale). California, Riverside County (San

Bernardino Meridian):

1. San Jacinto River (USGS 7.5' Quads: Lakeview 1979 and Perris

1979).

T4S, R2W: NW1/4 sec.5, SW1/4, NE1/4, and SE1/4 sec. 6; NW1/4 and

W1/2 SW1/4 sec. 7.

T4S, R3W: San Jacinto River and adjacent lands below the 1,430

foot contour in sec. 12; sec. 13, San Jacinto River and adjacent

lands commencing at a point 0.2 miles west of the northeast corner

of sec. 13, then southwest to a point 0.25 miles east of the

southwest corner of sec. 13; E1/2 SE1/4 sec. 14; E1/2 SW1/4, NE1/4,

W1/2 SE1/4, and NE1/4 SE1/4 sec. 23; W1/2 NW1/4 sec. 24; N1/2 NW1/4

and SW1/4 NW1/4 sec. 26; SE1/4 NE1/4 and S1/2 sec. 27; San Jacinto

River and adjacent lands east of Perris Valley storm channel in SE1/

4 sec. 33; N1/2 and SW1/4 sec.34.

T5S, R3W: N1/2 NE1/4 sec. 4 east of Interstate 215.

2. Unnamed tributary to Old Salt Creek (USGS 7.5' Quad:

Winchester 1979).

T5S, R1W: W1/4 and S1/2 NW1/4 SW1/4 sec. 18.

T5S, R2W: SE1/4 NW1/4, E1/2, E1/2 SW1/4, and E1/2 W1/2 SW1/4

sec. 13; SE1/4 NE1/4 sec. 23; west of Metropolitan Water District

canal and north of Atchison Topeka Railroad track in W1/2 sec. 24.

Primary constituent elements include floodplain habitat in

association with alkali scrub, alkali playa, alkali grassland, and

vernal pool plant communities on associated soils.

BILLING CODE 4310-55-P

TN15DE94.016

BILLING CODE 4310-55-C

Dated: August 31, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 94-30861 Filed 12-14-94; 8:45 am]

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