Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Four Plants From Vernal Pools and Mesic Areas in Northern California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC96

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Four Plants From Vernal Pools and Mesic Areas in

Northern California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

SUMMARY: The Fish and Wildlife Service (Service) proposes endangered

status pursuant to the Endangered Species Act of 1973, as amended (Act)

for four plants: Lasthenia conjugens (Contra Costa goldfields),

Navarretia leucocephala ssp. pauciflora (few-flowered navarretia),

Navarretia leucocephala ssp. plieantha (many-flowered navarretia), and

Parvisedum leiocarpum (Lake County stonecrop). These species grow in

and around the margins of vernal pools and in seasonally wet areas in

northern California. Habitat loss and degradation imperil the continued

existence of these plants. This proposal, if made final, would

implement the protection of the Act for these plants.

DATES: Comments from all interested parties must be received by

February 17, 1995. Public hearing requests must be received by February

2, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, 2800

Cottage Way, Room E-1803, Sacramento, California 95825-1846. Comments

and materials received will be available for public inspection, by

appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Kenneth W. Fuller (see ADDRESSES) at

916/978-4866.

SUPPLEMENTARY INFORMATION:

Background

Lasthenia conjugens was described from specimen collected near

Antioch in Contra Costa County, California (Greene 1888). Hall (1914)

included the taxon within Baeria fremontii, however, Ferris (1958)

later recognized this material as B. fremontii var. conjugens. Ornduff

(1966) submerged the genus Baeria under Lasthenia and recognized the

specific rank of Lasthenia conjugens.

Lasthenia conjugens is a showy spring annual in the aster family

(Asteraceae) that grows 10 to 30 centimeters (cm) (4 to 12 inches (in))

tall and is usually branched. The leaves are opposite, light green, and

usually have a feather-like arrangement with narrow clefts extending

more than halfway toward the stem. The flowers are found in terminal

yellow heads. The phyllaries are one-third to one-half fused; the

achenes are less than 1.5 millimeters (mm) (0.06 in) long and always

lack a pappus. L. conjugens flowers from March to June. The partially

fused phyllaries and the lack of a pappus distinguish this species from

L. fremontii and L. burkei, which it otherwise closely resembles.

Habitat for Lasthenia conjugens consists of vernal pools in open

grassy areas in woodland and valley grassland communities at elevations

of 1 to 445 meters (m) (3 to 1,460 feet (ft)). Historically found in

such habitats in Alameda, Contra Costa, Mendocino, Santa Barbara, Santa

Clara, Napa, and Solano Counties, California, this species is now

apparently restricted to five localized populations in Napa and Solano

Counties (California Native Plant Society (CNPS) 1978). One population

is located on Travis Air Force Base, Solano County, California. All

other populations are on private lands.

The type specimen for Navarretia pauciflora was collected from a

playa 8 kilometers (km) (5 miles (mi)) north of Lower Lake, Lake

County, California (Mason 1946). Day (1993) revised the treatment of

Navarretia and reduced N. pauciflora to a subspecies of N.

leucocephala. More than a dozen species of Navarretia occur in the

region, including several restricted to vernal pools. Five subspecies

of Navarretia leucocephala are currently recognized (Day 1993), two of

which may hybridize with N. leucocephala ssp. pauciflora (Alva Day,

California Academy of Sciences, pers. comm. 1993). These two

subspecies, N. leucocephala ssp. bakeri and N. leucocephala ssp.

plieantha, differ from N. leucocephala ssp. pauciflora in stature,

degree of hairiness, or size, number, or lobing of floral parts. The

species that are being proposed for listing are not hybrids.

Navarretia leucocephala ssp. pauciflora is a prostrate, spreading,

and much-branched annual herb in the phlox family (Polemoniaceae). This

plant grows 1 to 4 cm (0.4 to 1.6 in) in height. The nearly hairless

leaves are linear and entire, or parted into a few linear lobes, and 1

to 2.5 cm (0.4 to 1.0 in) long. The inflorescence is a head of 2 to 15

blue or white (fading to blue) flowers. A few spiny, leaf-like bracts

below each head extend out 1.5 to 3 times the radius of the head;

bracts within the head are shorter. The funnel-shaped corollas are 5 to

7 mm (0.2 to 0.3 in) long with five lobes 1.5 mm (0.06 in) long. Each

corolla lobe has a single unbranched vein. The stigma has two minute

lobes. N. leucocephala ssp. pauciflora flowers May to June.

Navarretia leucocephala ssp. pauciflora is found growing in

volcanic ash substrate, clay pan vernal pools in chaparral, grassland,

or mixed coniferous forest in southern Lake and Napa Counties. The

subspecies has an elevation range of 450 to 850 m (1,400 to 2,800 ft)

over a 50 square kilometer (sq km) (20 square mile (sq mi)) area.

Historically, N. leucocephala ssp. pauciflora was known from nine sites

in Napa and Lake Counties. The subspecies has become extirpated from

six historic localities (CNPS 1990a). The three extant populations

occur on private lands.

Navarretia plieantha was described from the margin of Bogg's Lake

in Lake County, California (Mason 1946). Day (1993) revised the

treatment of Navarretia and reduced the taxon to a subspecies of N.

leucocephala. N. leucocephala ssp. plieantha is distinguished from

Navarretia leucocephala ssp. pauciflora by its more numerous flowering

heads (20 to 50 flowers versus 2 to 15), and in having three or more

pairs of outer bracts with the bract lobes being forked or three-four

branched from the base. It is distinguished from other congeners in the

region by stature, degree of hairiness, or size, number, or lobing of

floral parts.

Navarretia leucocephala ssp. plieantha is a prostrate annual herb

in the phlox family (Polemoniaceae) that forms a mat 5 to 20 cm (2 to 8

in) wide. The leaves are 3 to 4 cm (1 to 1.6 in) long and linear or

with a few widely spaced linear lobes. The inflorescence is a head

composed of 20 to 50 white or blue flowers. Each head is 1.5 to 2 cm

(0.6 to 0.8 in) across and is subtended by 3 to 4 leaf-like bracts that

are simple-pinnate or compound-pinnate and extend out 1 to 2 times the

radius of the head. The bracts within the head are shorter. The funnel-

shaped corolla is 5 to 6 mm (0.2 to 0.24 in) long with five lobes each

2 mm (0.7 in) long. The stigma is two-cleft or entire. N. leucocephala

ssp. plieantha flowers in May and June.

Navarretia leucocephala ssp. plieantha is found in dry meadows,

along the margins of volcanic ash substrate vernal pools and lakes, and

in open, wet ground in forest openings. It has an elevation range of

700 to 915 m (2,300 to 3,000 ft) over a 1,000 sq km (390 sq mi) area.

N. leucocephala ssp. plieantha is historically known from seven

locations in Lake and Sonoma Counties, California. One of the historic

populations in Sonoma County has not been seen in 32 years and is

considered potentially extirpated (CNPS 1987). Four population

localities are found in Lake County. One population is protected on The

Nature Conservancy preserve at Bogg's Lake. The remaining three extant

populations are on private lands.

Parvisedum leiocarpum was described from 6.5 mi. north of Lower

Lake, Lake County, California, as Sedella leiocarpa (Sharsmith 1940).

Clausen (1946) subsequently reassigned the taxon to Parvisedum

leiocarpum. Two similar species occur within the range of P.

leiocarpum. P. pentandrum differs in having shorter petals, top-shaped

flowers, and carpels with glandular bumps on the surfaces. Crassula

connata differs in having only one to a few, four-petaled flowers above

each leaf base, which are not arranged in definite cymes.

Parvisedum leiocarpum is a very low, erect to spreading, annual in

the stonecrop family (Crassulaceae) with reddish stems 3 to 5 cm (1 to

2 in) tall. The fleshy, succulent leaves are oblong, 4 to 5 mm (0.16 to

0.19 in) long, and fall off the stem by flowering time. The

inflorescence is a cyme of campanulate yellow flowers that are crowded

on the curving flowering stems in two rows. The five petals are 3 to

3.5 mm (0.12 to 0.14 in) long with large, club-shaped red nectaries.

The five carpels have smooth surfaces. P. leiocarpum flowers in April

and May.

Parvisedum leiocarpum is found on volcanic substrate in areas of

impeded drainage, such as in and along the margins of vernal pools and

depressions in bedrock. The historic range of the species encompasses

six collection localities within a 16 km (10 mi) radius from Siegler

Springs near Lower Lake, Lake County, California (California Department

of Fish and Game (CDFG) 1991b). Elevations of occurrence range from 365

to 790 m (1,300 to 2,600 ft). P. leiocarpum has apparently been

destroyed at three sites within this area (CDFG 1991b, CNPS 1990b). The

extant site populations of P. leiocarpum cover a total area of less

than 1.2 hectares (ha) (3 acres (ac)). All populations occur on private

lands; none are protected.

Previous Service Actions

Federal government actions on these four plants began as a result

of section 12 of the Endangered Species Act of 1973, as amended (16

U.S.C. 1531 et seq.), which directed the Secretary of the Smithsonian

Institution to prepare a report on those plants considered to be

endangered, threatened, or extinct in the United States. This report,

designated as House Document No. 94-51, was presented to Congress on

January 9, 1975, and included Lasthenia conjugens as threatened; and

Navarretia pauciflora (now known as Navarretia leucocephala ssp.

pauciflora), Navarretia plieantha (now known as Navarretia leucocephala

ssp. plieantha), and Parvisedum leiocarpum 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 four 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. The list of 1,700 plant taxa

was assembled on the basis of comments and data received by the

Smithsonian Institution and the Service in response to House Document

No. 94-51 and the July 1, 1975, Federal Register publication.

Navarretia pauciflora and Navarretia plieantha were included in the

June 16, 1976, Federal Register document. General comments received in

relation to the 1976 proposal were summarized in an April 26, 1978,

Federal Register publication (43 FR 17909).

The Endangered Species Act Amendments of 1978 required that all

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

given to those proposals already more than 2 years old. 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 Lasthenia

conjugens, Navarretia pauciflora, Navarretia plieantha, and Parvisedum

leiocarpum as category 1 candidates for Federal listing. Category 1

taxa are those for which the Service has on file substantial

information on biological vulnerability and threats to support

preparation of listing proposals. On November 28, 1983, the Service

published a supplement to the Notice of Review (48 FR 39526). This

supplement changed Lasthenia conjugens, Navarretia plieantha,

Navarretia pauciflora, and Parvisedum leiocarpum from category 1 to

category 2 candidates. Category 2 taxa 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.

The plant notice was revised on September 27, 1985 (50 FR 39526).

Lasthenia conjugens, Navarretia pauciflora, Navarretia plieantha, and

Parvisedum leiocarpum were included as category 2 candidates. Another

revision of the plant notice was published on February 21, 1990 (55 FR

6184). In this revision Lasthenia conjugens, Navarretia plieantha, and

Parvisedum leiocarpum were elevated to category 1 candidates.

Navarretia pauciflora was retained as a category 2 candidate. Since the

publication of that notice, the Service has received additional

information on the status of Navarretia leucocephala ssp. pauciflora

that supports the proposed listing of this species. The September 30,

1993, plant notice of review (58 FR 51144) included all four plant taxa

as category 1 candidates.

Section 4(b)(3)(B) 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 Lasthenia conjugens, Navarretia pauciflora, Navarretia

plieantha, and Parvisedum leiocarpum because the 1975 Smithsonian

report had been accepted as a petition. On October 13, 1982, the

Service found that the petitioned listing of these species was

warranted, but precluded by other pending listing actions, in

accordance with section 4(b)(3)(B)(iii) of the Act; notification of

this finding was published on January 20, 1984 (49 FR 2485). Such a

finding requires the petition to be recycled, pursuant to section

4(b)(3)(C)(i) of the Act. The finding was reviewed in October of 1983

through 1993. Publication of this proposal constitutes the final

finding for the petitioned action.

Summary of Factors Affecting the Species

Section 4 of the Act (16 U.S.C. 1533) and regulations (50 CFR Part

424) promulgated to implement the listing provisions of the Act set

forth the procedures for adding species to the Federal lists of

endangered and threatened species. A species may be determined to be

endangered or threatened due to one or more of the five factors

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

Lasthenia conjugens Ornduff (Contra Costa goldfields), Navarretia

leucocephala Benth. ssp. pauciflora (H. Mason) Day (few-flowered

navarretia), Navarretia leucocephala Benth. ssp. plieantha (H. Mason)

Day (many-flowered navarretia), and Parvisedum leiocarpum (H. Sharsm.)

R.T. Clausen (Lake County stonecrop) are as follows:

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

of Their Habitat or Range

The primary threats to Lasthenia conjugens, Navarretia leucocephala

ssp. pauciflora, Navarretia leucocephala ssp. plieantha, and Parvisedum

leiocarpum consist of activities that result in the destruction of the

plants or hydrologic changes in their vernal pool habitats. Such

activities include urbanization, industrial development, agricultural

land conversion, off-highway vehicle use, horseback riding, trampling

by grazing cattle, and road widening. Damage or destruction of vernal

pool habitat happens quickly and easily due to the extremely friable

nature of the soil and the dependency of the pool upon an intact

durapan or impermeable subsurface soil layer.

Lasthenia conjugens is no longer found in five of the seven

counties in which it historically occurred. Agricultural land

conversion, urbanization, and associated developments have extirpated

populations of this species in Alameda, Contra Costa, Santa Clara, and

Santa Barbara Counties (CNDDB 1993, CNPS 1978). Agricultural land

conversion has extirpated one additional population of L. conjugens in

Napa County (CNDDB 1993). Widening and straightening of Ledgewood Creek

north of Cordelia Road in Solano County by the U. S. Army Corps of

Engineers eliminated a large amount of habitat and plants of L.

conjugens (Ann Howald, CDFG, pers. comm., 1993). Urbanization threatens

a population of L. conjugens in Napa County (CNDDB 1993; Jake Ruygut,

CNPS, in. litt., 1993). Off-highway vehicle traffic has adversely

impacted this same population (CNDDB 1993). Industrial development

threatens a population of L. conjugens in Solano County (CNDDB 1993).

Navarretia leucocephala ssp. pauciflora has disappeared at over 50

percent of the sites from which it historically occurred. Extant

populations continue to decline due to anthropogenic activities. Two

population sites have been adversely affected by drainage or, in one

case, by the attempt to create a more permanent water source (CDFG

1989b). One partially drained site, Manning Flat in Lake County, has

experienced significant accelerated soil erosion, reducing the amount

of available habitat and the plant population (McCarten 1985; CDFG

1989b). Off-highway vehicle use has damaged several population sites in

Lake County (CDFG 1989b; CNDDB 1993). Agricultural land conversion to a

rice field adversely affected another population site in Lake County

(CDFG 1989b). Pond construction for cattle watering partially destroyed

the population of N. leucocephala ssp. pauciflora at Ely Flat in Lake

County and severely altered the hydrology of its habitat (CDFG 1989b).

Agricultural land conversion threatens this same population (CDFG

1989b; CNPS 1990a).

Navarretia leucocephala ssp. plieantha has apparently been

extirpated at one population site in Sonoma County. This area has been

severely impacted by horseback riding, feral pigs (Sus scrofa), and a

tree eradication program (CNDDB 1993; John Herrick, CNPS, pers. comm.,

1993). Off-highway vehicle use has resulted in the destruction of

plants and habitat of this subspecies at one location in Sonoma County,

and at four population sites in Lake County (CDFG 1991a). Urbanization

threatens one population site in Lake County and the extant population

site in Sonoma County (CNDDB 1993). Attempted drainage of a pool in

Lake County containing Navarretia leucocephala ssp. plieantha has

resulted in the invasion of two competitive weeds, Centaurea

solstitialis and Taeniatherum caput-medusa (CNDDB 1993).

Parvisedum leiocarpum has been extirpated from 50 percent of its

historic population sites. Attempted drainage has altered the hydrology

of two of the three remaining vernal pools containing populations of

this plant (CNPS 1990b). Drainage attempts at one of the sites resulted

in severe erosion and a reduction of habitat and plant numbers (CNPS

1990b). Widening of Highway 29 by California Department of

Transportation also threatens to impact this population (CNPS 1990b).

Discing has occurred at the third population site (CNDDB 1993). All

population localities occur on privately owned, flat land next to major

roads. This makes them vulnerable to urban development and agricultural

land conversion (CDFG 1989a, CNPS 1990b). Off-highway vehicle use has

occurred at two of the three P. leiocarpum population sites (CNDDB

1993, CNPS 1990b).

Population sites for each of the four species are impacted by

trampling from grazing cattle and by feral pigs. Trampling by livestock

threatens all populations of Parvisedum leiocarpum (CDFG 1989a).

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Due to the localized and limited distribution of Lasthenia

conjugens, Navarretia leucocephala ssp. pauciflora, Navarretia

leucocephala ssp. plieantha, and Parvisedum leiocarpum, indiscriminate

collecting of plants could seriously affect these species.

Overutilization is not known to occur at this time.

C. Disease or Predation

Not known to be applicable.

D. The Inadequacy of Existing Regulatory Mechanisms

The State of California Fish and Game Commission has listed

Parvisedum leiocarpum and Navarretia plieantha (now known as Navarretia

leucocephala ssp. plieantha) as endangered species under the California

Endangered Species Act (Chapter 1.5 Section 2050 et seq. of the

California Fish and Game Code and Title 14 California Code of

Regulations 670.2 ). The California Fish and Game Commission also has

listed Navarretia pauciflora (now known as Navarretia leucocephala ssp.

pauciflora) as threatened. Listing by the State of California requires

individuals to obtain a memorandum of understanding with the CDFG to

possess or ``take'' a listed species. Although the ``take'' of State-

listed plants is prohibited (California Native Plant Protection Act,

Chapter 10 Section 1908 and California Endangered Species Act, Chapter

1.5 Section 2080), State law exempts the taking of such plants via

habitat modification or land use changes by the owner. After CDFG

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

property, State law requires that the land owner notify the agency ``at

least 10 days in advance of changing the land use to allow salvage of

such a plant'' (Native Plant Protection Act, Chapter 10 Section 1913).

The California Environmental Quality Act ((CEQA) Public Resources

Code Sections 21000-21177) requires a full disclosure of the potential

environmental impacts of proposed projects. The public agency with

primary authority or jurisdiction over the project is designated as the

lead agency, and is responsible for conducting a review of the project

and consulting with the other agencies concerned with the resources

affected by the project. Section 15065 of the CEQA Guidelines, as

amended, requires a finding of significance if a project has the

potential to ``reduce the number or restrict the range of a rare or

endangered plant or animal.'' Species that are eligible for listing as

rare, threatened, or endangered, but are not so listed, are given the

same protection as those species that are officially listed with the

State or Federal governments. Once significant effects are identified,

the lead agency has the option to require mitigation for effects

through changes in the project or to decide that overriding

considerations make mitigation infeasible (CEQA Section 21002). In the

latter case, projects may be approved that cause significant

environmental damage, such as destruction of endangered species.

Protection of listed species through CEQA is, therefore, dependant upon

the discretion of the agency involved.

Because vernal pools are generally small and scattered, they are

treated as isolated wetlands or waters of the United States for

regulatory purposes by the U. S. Army Corps of Engineers under section

404 of the Clean Water Act. The Clean Water Act regulates discharge of

fill material into wetlands but does not itself protect the plants.

Nationwide Permit No. 26 (33 CFR part 330.5 (a)(26)) was established by

the Corps to facilitate issuance of permits for discharge of fill into

wetlands up to 4 ha (10 ac). For project proposals falling under

Nationwide Permit No. 26, the Corps has been reluctant to withhold

authorization unless a federally listed threatened or endangered

species is known to be present, regardless of the significance of other

wetland resources. The section 404 regulations require an applicant to

obtain an individual permit to fill isolated wetlands or waters greater

than 4 ha (10 ac). A project proponent affecting wetland fill of less

than one acre is only required to notify the Corps of their intent to

fill wetlands. Compensatory mitigation generally is not required for

projects affecting less than one acre. In either case, candidate

species receive no special consideration. Additionally and equally

important, upland watersheds are not provided any protection.

Disturbance to or loss of pool hydrological conditions has damaged

populations and habitat as discussed previously in Factor A. Reductions

in water volume and inundation adversely affect all four plants. Thus,

as a consequence of the small scale of vernal pools and lack of

protection of associated uplands, these vernal pools receive

insufficient protection.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

These four plant species are restricted in range and population

numbers. Lasthenia conjugens is currently known from five population

sites, Navarretia leucocephala ssp. pauciflora from three sites,

Navarretia leucocephala ssp. plieantha from four sites, and Parvisedum

leiocarpum from three sites. All four species occupy highly restricted

and vulnerable habitats. The combination of low populations, narrow

range, and restriction and vulnerability of habitat make these plants

susceptible to destruction of all or a significant part of any

population from random natural events such as flood, drought, disease,

or other natural occurrences. Low population numbers also make the

populations vulnerable to genetic variations. Changes in gene

frequency, inbreeding, and genetic drift can result from populations

becoming genetically depauperate.

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 propose this

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

Lasthenia conjugens, Navarretia leucocephala ssp. pauciflora,

Navarretia leucocephala ssp. plieantha, and Parvisedum leiocarpum as

endangered. Endangered status is appropriate for these four species due

to the vulnerability of their restrictive habitats, threats posed to

those habitats by urbanization, agricultural land conversion, drainage,

road widening, off-highway vehicle use, stochastic events, and

inadequate regulatory mechanisms. Critical habitat is not proposed for

these species for reasons discussed below.

Critical Habitat

Section 4(a)(3) of the Act requires that, to the maximum extent

prudent and determinable, the Secretary designate critical habitat

concurrently with determining a species to be endangered or threatened.

The Service finds that the designation of critical habitat is not

prudent for these species at this time. Because the four species face

numerous anthropogenic threats (see Factors A, B, and E in the

``Summary of Factors Affecting the Species'') and occur predominantly

on private land, Federal actions affecting these species are limited.

Designating critical habitat would not provide any additional

protection to the species. The publication of precise maps and

descriptions of critical habitat in the Federal Register may make the

plants even more vulnerable to incidents of vandalism and, therefore,

could contribute to the decline of the four plant species. Thus,

designation of critical habitat would not be beneficial and is

accordingly, not prudent. Responsible agencies will be notified of the

importance of protecting the habitat of the species. Protection of the

species' habitat will be addressed through the recovery process and,

under limited circumstances, through the section 7 consultation

process.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

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

and individuals. The Act provides for possible land acquisition and

cooperation with the State and requires that recovery actions be

carried out for all listed species. The protection required of Federal

agencies and the prohibitions against certain activities involving

listed plants are discussed, in part, below.

Section 7(a) of the Act 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) of the Act requires Federal agencies to confer

informally with the Service on any action that is likely to jeopardize

the continued existence of a proposed species or result in destruction

or adverse modification of proposed critical habitat. If a species is

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

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

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

destroy or adversely modify its critical habitat. If a Federal action

may affect a listed species or its critical habitat, the responsible

Federal agency must enter into formal consultation with the Service.

Federal involvement may include Federal mortgage programs,

including the Veterans Administration and the U.S. Department of

Housing and Urban Development (Federal Home Administration loans), the

Federal Highway Administration in the case of impacts from federally

funded bridge and road construction, the Army Corps of Engineers

through jurisdiction of section 404 of the Clean Water Act, the

Environmental Protection Agency through the Clean Water Act's

provisions for pesticide registration and waste management actions, and

proposed activities on Travis Air Force Base.

Listing Lasthenia conjugens, Navarretia leucocephala ssp.

pauciflora, Navarretia leucocephala ssp. plieantha, and Parvisedum

leiocarpum as endangered would provide for development of a recovery

plan (or plans) for them. Such plan(s) would bring together both State

and Federal efforts for conservation of the plants. The recovery

plan(s) would establish a framework for agencies to coordinate

activities and cooperate with each other in conservation efforts. The

plan(s) would set recovery priorities and estimate costs of various

tasks necessary to accomplish them. It also would describe site-

specific management actions necessary to achieve conservation and

survival of these four plants. Additionally, pursuant to section 6 of

the Act, the Service would be more likely to grant funds to affected

states for management actions promoting the protection and recovery of

these species.

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

17.62, and 17.63 for endangered plant species set forth a series of

general prohibitions and exceptions that apply to all endangered

plants. With respect to the four plants from the four counties in

northern California, 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; deliver, receive, carry, transport,

or ship 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 federally listed plant species from

areas under Federal jurisdiction; maliciously damage or destroy any

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

cut, dig up, damage, or destroy any such plant 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. Seeds from

cultivated specimens of threatened plant taxa are exempt from these

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

on the shipping containers. Certain exceptions apply to agents of the

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

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

prohibited activities involving endangered or threatened plant species

under certain circumstances. The Service anticipates few trade permits

would ever be sought or issued for the four species because the plants

are not common in cultivation or in the wild. Requests for copies of

the regulations on listed plants and inquiries regarding them may be

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

Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon

97232-4181 (503/231-6241; 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 Lasthenia conjugens, Navarretia

leucocephala ssp. pauciflora, Navarretia leucocephala ssp. plieantha,

and Parvisedum leiocarpum;

(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 species; and

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

possible impacts on these species.

Any 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 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 Sacramento Field Office (see

ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

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

with regulations adopted pursuant to section 4(a) of the Act. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

A complete list of all references cited herein is available upon

request from the Field Supervisor, Sacramento Field Office (see

ADDRESSES section).

Author

The primary author of this proposed rule is Kenneth W. Fuller, U.S.

Fish and Wildlife Service, Sacramento Field Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

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

as set forth below:

PART 17--[AMENDED]

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

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

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

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

alphabetical order, under the plant families indicated, to the List of

Endangered and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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

Species

------------------------------------------- Historical range Status When listed Critical Special

Scientific name Common name habitat rules

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

* * * * * * *

Asteraceae--aster

family:

* * * * * * *

Lasthenia Contra Costa U.S.A. (CA)........ E ........... NA NA

conjugens. goldfields.

* * * * * * *

Crassulaceae--stonec

rop family:

* * * * * * *

Parvisedum Lake County U.S.A. (CA)........ E ........... NA NA

leiocarpum. stonecrop.

* * * * * * *

Polemoniaceae--phlox

family:

* * * * * * *

Navarretia Few-flowered U.S.A. (CA)........ E ........... NA NA

leucocephala navarretia.

ssp. pauciflora

(-Navarretia

pauciflora).

* * * * * * *

Navarretia Many-flowered U.S.A (CA)......... E ........... NA NA

leucocephala navarretia.

ssp. plieantha

(-Navarretia

plieantha).

* * * * * * *

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

Dated: November 9, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 94-31064 Filed 12-16-94; 8:45 am]

BILLING CODE 4310-55-P