Endangered and Threatened Wildlife and Plants; Proposed Rule to List Three Plants From the Channel Islands of Southern California as Endangered

[[Page 37987]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD37

Endangered and Threatened Wildlife and Plants; Proposed Rule to

List Three Plants From the Channel Islands of Southern California as

Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Cercocarpus traskiae (Catalina Island mountain-mahogany), Lithophragma

maximum (San Clemente Island woodland-star), and Sibara filifolia

(Santa Cruz Island rockcress) as endangered throughout their respective

ranges on the Channel Islands of southwestern California, pursuant to

the Endangered Species Act of 1973, as amended (Act). Cercocarpus

traskiae is found primarily in coastal scrub habitats on Santa Catalina

Island. Lithophragma maximum is found in rock crevices within coastal

bluff scrub on San Clemente Island. Sibara filifolia is found on talus

slopes in coastal scrub on San Clemente Island. These plants are

threatened by a variety of factors including grazing, competition from

non-native plant species, erosion, hybridization, stochastic events,

and the inadequacy of existing regulations. This proposed rule, if made

final, would implement the Federal protection and recovery provisions

under the Act for these three species.

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

9, 1995. Public hearing requests must be received by September 25,

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: Gail Kobetich, Field Supervisor, at

the above address (telephone 619/431-9440; facsimile 619/431-9624).

SUPPLEMENTARY INFORMATION:

Background

Cercocarpus traskiae (Catalina Island mountain-mahogany),

Lithophragma maximum (San Clemente Island woodland-star), and Sibara

filifolia (Santa Cruz Island rockcress) are endemic to the Channel

Islands of southern California. These three species are restricted

primarily to San Clemente and Santa Catalina Islands. Cercocarpus

traskiae is currently found only on Santa Catalina Island and a single

plant is also known from the Santa Monica Mountains. Lithophragma

maximum and Sibara filifolia occur on San Clemente Island. Sibara

filifolia was historically found on Santa Cruz and Santa Catalina

Islands.

The Channel Islands are composed of igneous and sedimentary rocks

that have been uplifted and folded by tectonic activity (Raven 1963,

Thorne 1967, Schaffer 1993). The maritime climate of the islands is

characterized by hot, dry summers and mild, wet winters with periodic

severe droughts and frequent fog (Minnich 1980, Johnson 1980). The

archipelago is made up of two chains of islands. The Northern Channel

Islands include the islands of San Miguel, Santa Rosa, Santa Cruz and

Anacapa. The Southern Channel Islands are San Nicholas, Santa Barbara,

Santa Catalina and San Clemente islands (Raven 1967).

The Channel Islands are rich in endemic species as a result of

their geographic isolation. A number of species have persisted on the

islands, although their mainland counterparts have been extirpated by

climatic change and other factors over geologic time (Raven 1963). The

decline of endemic species, including the three plants under

consideration herein, began before thorough botanical studies on the

islands were completed. Their original range and distribution is

speculative because their original habitats are now dominated by non-

native plants. Although these islands have been occupied by humans for

at least 10,000 years, non-native plants have only become naturalized

on the islands since their introduction by Euro-Americans during the

last 200 years (Dr. Mark Raab, California State University, Northridge,

pers. comm. 1994). Overgrazing and trampling of native vegetation by

domestic animals facilitated the spread of these non-native plants

(Raven 1963, Raven 1967, Thorne 1967, Philbrick 1980). Severe erosion

resulting from overgrazing was exacerbated by a series of droughts in

the 1860's, the first of several periods of severe vegetation and soil

stripping on the islands (Johnson 1980).

Santa Catalina Island is the largest of the southern Channel

Islands, measuring 194 square kilometers (sq km) (75 square miles (sq

mi)) in area. The terrain is rugged and mountainous, with a maximum

elevation of 648 meters (m) (2,125 feet (ft)) (Powers 1980). Due to its

proximity to the mainland, the flora of Santa Catalina Island is very

similar to the flora of the mainland (Thorne 1967). Habitats on the

island include oak woodlands, chaparral, coastal sage scrub, and

grasslands (Minnich 1980). Santa Catalina is the home of Cercocarpus

traskiae and a historical locality for Sibara filifolia (Thorne 1967).

San Clemente Island is the southernmost of the Channel Islands in

California. Its terrain is marked by a broad, high, plateau surrounded

by deeply incised cliffs. The highest elevation on the 145 sq km (56 sq

mi) island is 600 m (1,965 ft) (Powers 1980).

Santa Cruz is the largest of the northern Channel Islands (250 sq

km (96 sq mi)) with a maximum elevation of 753 m (2,470 ft) (Powers

1980). The island's north shore is mountainous and rugged; the

topography of the southern side is gentle and rolling. The Nature

Conservancy currently owns approximately 90 percent of Santa Cruz

Island. The remainder is owned by the National Park Service (Schuyler

1980).

Cercocarpus traskiae was first described by Alice Eastwood (1898)

based on a specimen collected by Blanche Trask in 1897. Dunkle (1940)

reduced the rank of C. traskiae to a variety of C. betuloides. Although

Martin (1950) subsequently transferred this taxon to a variety of C.

montanus, Munz (1959) retained it as C. betuloides var. traskiae. Munz

(1968) later elevated C. betuloides var. traskiae to C. traskiae.

Murray (1982) changed the rank of this taxon to a subspecies of C.

betuloides; however, the name C. traskiae has been retained by both

Munz (1974) and Lis (1993).

Cercocarpus traskiae, a member of the rose family (Rosaceae), is an

evergreen shrub or small tree that blooms from March to May. The

flowers lack petals and occur in clusters of 4 to 10. The hypanthium

(floral structure derived from the fused lower portions of petals,

sepals, and stamens) is densely white-woolly, and is approximately 7 to

14 millimeters (mm) (0.5 inch (in.)) long (Lis 1993). The fruit is an

achene with a persistent plumose style, which dries in a spiral,

typical of the genus. The leathery, clustered leaves are simple,

serrate (toothed), and range from 2.5 to 6 centimeters (cm) (1 to 2.5

in.) long. The upper surface of the leaf is glabrous (smooth); the

undersurface is densely white-woolly. Cercocarpus betuloides var.

blancheae, a relatively common endemic on the island, is considered to

be distinct from C. traskiae (Eastwood 1898, Cole and Lu 1979). It is

differentiated by its strigose (stiff, sharp,

[[Page 37988]]

appressed) hairs on the undersides of the leaves and on the floral

tube. In addition, the leaves of C. betuloides var. blancheae are not

leathery (Eastwood 1898, Lis 1993).

Cercocarpus traskiae is one of California's rarest trees. It is

endemic to a particular soil type, derived from sausserite gabbro

parent material (Gaye 1991), and is only found in Wild Boar Gully, a

steep-sided, narrow arroyo located on southwestern Santa Catalina

Island (Thorne 1967). Cercocarpus traskiae occurs in a coastal sage

scrub containing Eriogonum fasciculatum (California buckwheat), Salvia

mellifera (black sage), and Rhus integrifolia (lemonade berry). All of

the habitat occupied by C. traskiae on Santa Catalina Island is owned

by The Santa Catalina Island Conservancy (a private organization),

which manages 86 percent of the land on the island.

About 40 or 50 individuals of Cercocarpus traskiae were identified

from Wild Boar Gully when this taxon was originally discovered

(Eastwood 1898). The population has since been reduced to 11 mature

trees (Cole and Lu 1979, Gaye 1991). The Santa Catalina Island

Conservancy has planted C. traskiae seedlings in Campo Blanco Canyon,

Ironwood Grove, and the Santa Catalina Island Nature Center in

cooperation with the California Department of Fish and Game (Gaye,

pers. comm. 1994).

In 1993, a single individual of Cercocarpus traskiae was discovered

in the Santa Monica Mountains by David Carroll (Rieseberg and Swensen

1994; Loren Rieseberg, geneticist, Indiana State University, pers.

comm. 1993; David Carroll, botanist, Carroll and Associates, Topanga,

California, pers. comm. 1994). Although additional individuals may

exist in the Santa Monica Mountains, this taxon is not likely to be

widespread. It may represent a remnant of an ancestral or sister

population of C. traskiae, or a hybrid between C. traskiae and the

mainland variety, C. betuloides var. betuloides (Rieseberg and Swensen

1994). This individual may indicate a formerly widespread distribution

of ancestral stock (Raven 1963). However, it is also possible that this

tree was planted (L. Rieseberg, pers. comm. 1993). Additional data or

information on this particular occurrence is being solicited.

Lithophragma maximum was first collected by Mrs. Nell Murbarger in

1936 on San Clemente Island. It was originally described as

Lithophragma maxima by Rimo Bacigalupi (1963). The specific epithet was

later changed from L. maxima to L. maximum (Bacigalupi 1979). Although

it was not recognized by Taylor (1965), L. maximum was retained by Munz

(1968, 1974) and Elvander (1993).

Lithophragma maximum is a member of the saxifrage family

(Saxifragaceae) and blooms from April to June. It is a rhizomatous,

perennial herb with two or three stout flowering stems from 40 to 60 cm

(16 to 24 in.) high. Each flower-bearing stem produces 20 or more

white, campanulate (bell-shaped) flowers, each about 1 cm (0.5 in.) in

length (Bacigalupi 1963). The leaves are palmately compound and arise

from the base on slender petioles 15 cm (6 in.) long. Lithophragma

maximum is differentiated from other Lithophragma by its compound

trifoliate leaves (Munz 1968, Elvander 1993).

Lithophragma maximum was thought to be extinct until it was

rediscovered in 1979 by Mitchell Beauchamp (Bacigalupi 1979). The

number of plants on the island at Bryce Canyon has declined from

between 12 and 15 plants (Beauchamp 1980) to 9 plants since its

rediscovery (Beauchamp 1987, Mistretta 1992). Three of the 15 plants

originally discovered are believed to remain at the bottom of Eagle

Canyon (Kellogg and Kellogg 1993). Both locations are deeply incised

canyons on the northeast side of the island. Sixteen additional plants

were found in Near Death Canyon in 1990. However, less than 30

individuals of the species are known to exist (California Natural

Diversity Data Base (CNDDB) 1993, Mistretta 1992).

Sibara filifolia was first collected by E.L. Greene in 1886 and

described under the name Cardamine filifolia (Greene 1887a). Greene

(1887b) later transferred it to Arabis filifolia. He proposed the new

genus Sibara in 1896 and transferred A. filifolia to Sibara filifolia

(Greene 1896). Sibara filifolia has been retained by Munz and Keck

(1959), Munz (1968, 1974), and Rollins (1993).

Sibara filifolia is a slender annual herb of the mustard family

(Brassicaceae) that blooms from March to April (Hochberg et al. 1980b).

It is 13 to 38 cm (5 to 15 in.) tall. The flowers are pink to purplish

with spoon-shaped petals 3 to 6 mm (1/8 to 1/4 in.) in length. The

pinnately compound leaves are 2.5 to 5 cm (1 to 2 in.) long, with

narrow linear lobes. The fruit is a slender pod (celiac), 1.5 to 3 cm

(3/5 to 1 in.) long, that contains many wingless seeds. Sibara

filifolia is differentiated from S. virginica, which has white to

pinkish petals and narrowly winged seeds, and from S. rosulata and S.

deserti, which have white petals. Neither S. rosulata nor S. deserti

occur on the Channel Islands (Munz 1974).

The type location for Sibara filifolia is on Santa Cruz Island

(Greene 1887a). It was last seen in 1936 and was not relocated during

the 1985 survey of Santa Cruz Island (CNDDB 1993). It is thought to

have once been common as well as wide ranging, since it was collected

on two distant islands, Santa Catalina and Santa Cruz. Blanche Trask

collected S. filifolia in 1901 on Santa Catalina Island where she

reported it to be common in two locations (Thorne 1967). Its

extirpation on Santa Cruz Island was brought about rapidly by intensive

browsing of feral goats (Hochberg et al. 1980b).

Sibara filifolia had never been known to occur on San Clemente

Island (Oberbauer, in litt. 1980) until 1986 when it was discovered in

two locations near Pyramid Head by Mitchell Beauchamp (Beauchamp 1987).

Previously, it was thought to be extinct. The extent of its original

range on San Clemente Island is unknown.

Sibara filifolia presently exists solely on a sea terrace on the

southern part of San Clemente Island, near Pyramid Head. It grows on

volcanic rock scree (talus) in association with Opuntia prolifera

(cholla), Selaginella bigelovii (spike-moss), and Lotus argophyllus

(birds-foot trefoil) (CNDDB 1993, Beauchamp 1987). This area receives

the highest amount of solar radiation on the island (Kellogg, pers.

comm. 1994), which conflicts with records of historical localities

indicating that S. filifolia ``is to be sought in shady places on the

northward slope [on Santa Cruz Island]'' (Greene 1887a). There are 400

or 500 of these plants currently located on San Clemente Island. Others

are expected to be found on cool, north-facing cliff faces, perhaps at

China Canyon (Beauchamp, pers. comm. 1994). However, the presence of S.

filifolia at this location has yet to be verified.

Previous Federal Action

Federal government action on two of the 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

Cercocarpus traskiae and Lithophragma maximum (as L. maxima) for

endangered status and Sibara filifolia as threatened. 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

[[Page 37989]]

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 C. traskiae, L. maximum and S. filifolia. The

Service published a proposal in the June 16, 1976, Federal Register (41

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

endangered species pursuant to section 4 of the Act. Cercocarpus

traskiae and L. maximum were also included in this Federal Register

notice. This list contained only proposed endangered species;

therefore, Sibara filifolia was not included on the list.

General comments received in response to the 1976 proposal were

summarized in an April 26, 1978, Federal Register (43 FR 17909) notice.

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. In the December 10, 1979, Federal Register

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

portion of the June 16, 1976, proposal that had not been made final,

along with four other proposals that had expired.

The Service published a Notice of Review for plants in the Federal

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

status of Cercocarpus traskiae and Lithophragma maximum as Category 1

candidate taxa (species for which data in the Service's possession are

sufficient to support a proposal for listing) and also added Sibara

filifolia to the list as a Category 1* candidate taxon (species for

which Service data indicate likely extinction). The status of the three

species remained unchanged until the Notice of Review for plants

published in the Federal Register on February 21, 1990, when Sibara

filifolia was changed to Category 1 status following its rediscovery on

San Clemente Island.

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 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 Cercocarpus traskiae and Lithophragma maximum because

the 1975 Smithsonian report had been accepted as a petition. On October

13, 1983, the Service found that the petitioned listing of these

species was warranted, but precluded by other pending listing proposals

of higher priority, pursuant to section 4(b)(3)(B)(iii) of the Act.

Notification of this finding was published in the Federal Register 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 petition

was reviewed in October of 1984, 1985, 1986, 1987, 1988, 1989, 1990,

1991, 1992, and 1993. Publication of this proposal constitutes the

final finding for these three plant taxa.

Summary of Factors Affecting the Species

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

and regulations (50 CFR 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 Cercocarpus

traskiae Eastwood (Catalina Island mountain-mahogany), Lithophragma

maximum Bacigalupi (San Clemente Island woodland-star), and Sibara

filifolia Greene (Santa Cruz Island rockcress) are as follows:

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. Destruction of habitat by feral

animals has caused long-term impacts to the structure of the habitat on

all the Channel Islands. Loss of habitat for endemic species was

precipitated by defoliation from overgrazing, the loss of topsoil, and

formation of incised canyons due to increased erosion (Kellogg and

Kellogg 1994). The loss of soil organic matter and reduction of soil

nutrient cycling and water-holding capacity promoted the invasion of

non-native plants.

The decline of the native flora of Santa Catalina Island began with

the proliferation of introduced herbivores (Thorne 1969). Goats were

introduced to the island as early as 1807 (Misty Gaye, naturalist,

Catalina Island Conservancy, pers. comm. 1994). Goats are known to

consume coarse vegetation such as shrubs and trees, including

Cercocarpus traskiae (Coblentz 1980). Sheep ranching became important

on the island in the 1850's (Minnich 1980). Sheep eat herbaceous

vegetation that would have included Sibara filifolia. Other non-native

herbivores introduced to Santa Catalina Island included pigs, bison,

and deer. Pigs uprooted seedlings and impacted both S. filifolia and C.

traskiae (Thorne 1969; Gaye, pers. comm. 1994). Although the Santa

Catalina Island Company eliminated sheep grazing in the 1950's (Thorne

1969), the population of feral goats and pigs continued to increase. A

goat and pig management program has reduced the number of feral

herbivores that threaten native plant species but the threat still

remains (see Factor C) (Dave Garcelon, depredation control biologist,

Institute For Wildlife, Santa Catalina Island, pers. comm. 1994; Gaye,

pers. comm. 1994).

Pigs continue to degrade the habitat of Cercocarpus traskiae on

Santa Catalina Island by preventing surface litter from accumulating.

Surface litter holds moisture and seeds on the steep slopes. Pigs also

create a network of bare trails with compacted soils. The vegetation

loses its tiered, overlapping structure because shrubs become isolated

by surrounding trails (Gaye, pers. comm. 1994). A noticeable increase

in surface litter and a corresponding increase in seedlings of all

types have been observed since the numbers of pigs and goats have

declined, but trails and bare soil are still common (Gaye, pers. comm.

1994).

The San Clemente Island Sheep and Wool Company leased that island

from the U.S. Government from 1877 to 1934 (Raven 1963). The island's

ownership was subsequently transferred to the Department of Defense

(Navy). The island is currently used as an artillery practice range and

as a ship-to-shore bombing area (Kellogg and Kellogg 1994). Goats were

present on San Clemente Island prior to 1827 (Dunkle 1950). Although

the Navy eliminated sheep grazing in 1934, the goat population

proliferated (Kellogg and Kellogg 1994). In addition, the California

Department of Fish and Game introduced pigs to the island in 1951 and

mule deer in 1962. Populations of feral pigs and goats ranged between

15,000 and 25,000. The Navy removed all feral goats and pigs by 1991,

in an effort to preserve endemic flora and fauna (Clark Winchell,

biologist, Navy, Department of Natural Resources, pers. comm. 1994).

The decline of Santa Cruz Island's flora, including extirpated

populations of Sibara filifolia, is primarily due to overgrazing by

sheep and other non-native herbivores. Sheep, cattle, horses, and pigs

were introduced to Santa Cruz Island (Steve Junak, herbarium curator,

Santa Barbara Botanic Gardens, pers. comm. 1994). The population of

sheep has ranged from between 20,000 and 50,000 or more (Schuyler 1980,

Brumbaugh 1980). Cycles of defoliation and erosion are evident in the

stratigraphic studies of deposits from debris slides and correlate with

the introduction of sheep to the island and periods of drought

(Brumbaugh 1980).

[[Page 37990]]

Most feral herbivores have been removed but pigs remain (see Factor C).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Due to its extreme rarity, Cercocarpus traskiae

may become vulnerable to collecting by curiosity seekers as a result of

increased publicity following the publication of a listing proposal.

Overutilization is not known to be applicable for Lithophragma maximum

and Sibara filifolia. Both species occur on San Clemente Island, where

public access is restricted by the Navy.

C. Disease or predation. Feral herbivores continue to threaten the

survival of Cercocarpus traskiae on Santa Catalina Island and the

possible reappearance of Sibara filifolia on Santa Catalina and Santa

Cruz Islands. Non-native mule deer (Odocoileus hemionus) and goats

(Capra hircus) consume endemic plants including Cercocarpus traskiae.

Severe browsing may kill plants directly and prevent successful

reproduction of surviving individuals (Thorne 1969; Gaye, pers. comm.

1994).

The decline of Cercocarpus traskiae is primarily due to grazing by

feral goats and pigs (Sus scrofa). They nearly extirpated this taxon by

the early 1970's (Gaye, pers. comm. 1994). Fencing was installed around

the last two individuals known to exist at that time (Rieseberg 1991).

This fencing was improved to exclude pigs in 1985, and perimeter

fencing was added to limit access by other non-native animals (Gaye

1991). As a result, seedling counts increased from 1 in 1984 to 55 in

1986 and 74 seedlings in 1987 (CNDDB 1993, Gaye 1988). In 1994,

however, a total of only 54 seedlings was found (Gaye, pers. comm.

1994). Most of the C. traskiae trees do not have individual pig-proof

fencing around them and the perimeter fencing does not exclude pigs

(Gaye, pers. comm. 1994). Pigs are limiting the recovery of C. traskiae

seedlings because they uproot new seedlings while searching for bulbs.

Approximately 2,000 pigs remain on Santa Catalina Island. The Santa

Catalina Island Conservancy pig removal program is keeping the

populations from increasing (Dave Garcelon, pers. comm. 1994).

Although managers for the Santa Catalina Island Conservancy have

removed more than 8,000 goats from the island, 300 to 400 goats remain

on the island. Populations of introduced mule deer are increasing, now

that goat populations have been reduced (Garcelon, pers. comm. 1994).

Reduced predation by goats has resulted in successful basal sprouting

of Cercocarpus traskiae, but a continued increase in deer populations

might reverse this trend. Although the perimeter fencing along Wild

Boar Gully limits the access of deer and goats to Cercocarpus, it does

not entirely exclude them (Gaye 1988).

Sibara filifolia was apparently extirpated from Santa Cruz Island

by overgrazing (Hochberg et al. 1980b). Although some areas have been

fenced, sheep and pigs continue to re-invade these areas and their

numbers appear to be increasing. It is possible that Sibara filifolia

could be rediscovered on Santa Cruz Island; however, grazing by non-

native animals may prevent its re-establishment (Steve Junak, pers.

comm. 1994).

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 (CESA); (2) the California Environmental Quality Act (CEQA) and the

National Environmental Policy Act (NEPA); (3) conservation provisions

under section 404 of the Federal Clean Water Act (CWA) and section 1603

of the California Fish and Game Code; (4) occurrence with other species

protected by the Federal Endangered Species Act or other Federal laws;

and (5) local laws and regulations.

The California Fish and Game Commission has listed Cercocarpus

traskiae and Lithophragma maximum as endangered under the Native Plant

Protection Act (NPPA) (Division 2, chapter 10, section 1900 et seq. of

the California Fish and Game Code) and the California Endangered

Species Act (CESA) (Division 3, chapter 1.5, section 2050 et seq.).

Listing by the State of California requires individuals to obtain a

memorandum of understanding with the California Department of Fish and

Game (CDFG) to possess or ``take'' a listed species. Although both

statutes prohibit the ``take'' of State-listed plants (chapter 10,

section 1908 and chapter 1.5, section 2080, California Fish and Game

Code), State law appears to exempt the taking of such plants via

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

CDFG notifies a landowner that a State listed plant occurs on his or

her property, State law requires only that the landowner notify the

agency ``at least 10 days in advance of changing the land use to allow

salvage of such plant'' (Chapter 10, section 1913, California Fish and

Game Code). Sibara filifolia is not State-listed and has no protection

under these laws.

The California Environmental Quality Act (CEQA) (Public Resources

Code, section 21000 et seq.) requires that the potential environmental

impacts of proposed projects be disclosed to the public. 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 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.'' Once significant effects are identified,

the lead agency may either require mitigation or determine that

``overriding social and economic considerations'' make mitigation

infeasible (California Public Resources Code, Guidelines, section

15093). In the latter case, projects may be approved that cause

significant environmental damage, such as destruction of endangered

plant species or their habitat. Small projects on private lands, such

as road building or fence installation, often qualify for an exemption

under CEQA known as a ``negative declaration.'' These projects do not

require a full environmental assessment. Consequently, take of

endangered species could result because the existence of the plant at

the project site may have been overlooked.

Like CEQA, the National Environmental Policy Act (NEPA) requires

disclosure of the environmental effects of projects under Federal

jurisdiction. Sibara filifolia and Lithophragma maximum are found on

San Clemente Island, which is federally owned. However, the Service's

comments through NEPA's environmental review processes are only

advisory. Project proponents are not required to avoid impacts to these

species, and proposed mitigation measures are frequently not adequately

implemented.

Section 1603 of the California Fish and Game Code authorizes the

Department of Fish and Game to regulate streambed alteration. The

Department must be notified and approve any work that substantially

diverts, alters, or obstructs the natural flow or substantially changes

the bed, channel, or banks of any river, stream, or lake. If an

existing fish or wildlife resource may be substantially adversely

affected by a project, CDFG must submit proposals to protect the

species within 30 days. However, if the Department does not respond

within 30 days of notification, the applicant may proceed with the

work.

Section 404 of the Clean Water Act authorizes the U.S. Army Corps

of

[[Page 37991]]

Engineers (Corps) to regulate the discharge of dredged or fill

materials into waters of the United States (33 CFR parts 230-330).

Waters of the United States include navigable and other waters, their

headwaters (streams with an average annual flow of less than 5 cubic

feet per second), and wetlands (either adjacent to other waters or

isolated). Section 404 regulations require that applicants obtain an

individual permit for projects that do not meet the terms and

conditions of any available Nationwide permits (33 CFR part 330).

Projects that qualify for authorization under Nationwide Permit 26 (NWP

26) will adversely impact 0.40 to 4.0 hectares (1 to 10 acres) of

isolated or headwater wetlands, and cause only minimal environmental

impacts. These projects can usually be permitted with minimal

environmental review by the Corps. Projects that qualify for

authorization under NWP 26 and that affect less than 0.41 hectares (1

acre) of isolated waters or headwaters may proceed without notifying

the Corps. Evaluation of impacts of such projects is thus precluded

under the section 404 permit process, although an individual permit may

be required by the Corps if projects otherwise qualifying under NWP 26

would have greater than minimal environmental impacts. The Corps,

however, is generally reluctant to withhold authorization under NWP 26

unless the existence of a federally listed threatened or endangered

species would be jeopardized. Candidate species receive no special

consideration under section 404, regardless of the type of permit

deemed necessary. Thus, these three taxa currently receive insufficient

protection under section 404. Cercocarpus traskiae and Lithophragma

maximum may grow in gullies and canyons that may be regulated as

jurisdictional waterways under section 404 of the CWA or section 1603

of the California Fish and Game Code. These waterways do not have

running water most of the year and plants could be damaged when project

planners fail to recognize that a section 404 or section 1603 permit is

required for the intended action.

The location of extant populations of these three species does not

coincide with that of federally listed plant species on the islands.

Therefore, Federal protection under the Act does not currently extend

to the species being proposed (Kellogg and Kellogg 1994; Gaye, pers.

comm. 1994). Local laws and regulations are currently providing

inadequate protection for these species. Laws prohibiting ``take'' of

native plants do not protect them from feral herbivores. Although

managers of San Clemente Island have removed herbivores from the

island, natural threats and impacts from activities such as fires,

bombing, and bulldozing continue (Kellogg, pers. comm. 1994).

E. Other natural or manmade factors affecting their continued

existence. As a consequence of habitat degradation on the islands, the

proportion of invasive exotic plant species to native and endemic

species has increased. On San Clemente Island, 98 species are exotic

(Kellogg and Kellogg 1994), compared to 1886 when Lyon's ``Flora of our

southwestern archipelago'' listed only 10 exotic plant species (Lyon

1886). Naturalized exotics have permanently altered the species

composition of natural communities and increased competition with

native species. Non-native plants have invaded native habitat and

removed niches for rare and sensitive species (Hochberg et al. 1980a).

The abundance of exotic plants continues to adversely affect the

island's endemic plant species and contributes to their slow recovery

from predation by feral animals prior to their removal in 1991 (Kellogg

and Kellogg, 1993). The disparity between the reported habitat of

Sibara filifolia on shady north-facing slopes and its present habitat

on grass-free, south-facing slopes suggests that grasses may prevent

the expansion of S. filifolia into otherwise suitable habitat (Green

1887a; Kellogg, pers. comm. 1994).

Lithophragma maximum is thought to have existed on the plateau area

of San Clemente Island before the invasion of non-native grasses

(Kellogg, pers. comm. 1994). The remaining habitat of L. maximum

persists only within steep canyons. Erosion threatens not only the

individual plants but the entire habitat that supports them. During the

winter of 1979-1980, ``large portions of canyon walls were observed to

have sloughed off taking large numbers of endemic plants with them''

(Beauchamp and Ferguson 1980).

Fires related to military activities, drought, and erosion have

contributed to the decline of Lithophragma maximum, Sibara filifolia,

and other species endemic to San Clemente Island (Kellogg and Kellogg

1994).

Cercocarpus traskiae is threatened by hybridization with the

locally common C. betuloides var. betuloides. Because only 12 mature

individuals of C. traskiae are known to exist, genetic swamping of the

species would be the probable outcome of hybridization. The uniqueness

of the species would be compromised or lost due to the influx of

variability from the larger population. Rieseberg has recommended

elimination of mature hybrids as a means of preserving the species

(Rieseberg et al. 1989).

Stochastic (random) events threaten the continued existence of

Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia by

virtue of their small population sizes and limited distribution. The

limited gene pool may depress reproductive vigor, or a single human-

caused or natural environmental disturbance could destroy a significant

percentage of the remaining individuals. Cercocarpus traskiae is known

from only 2 populations with 12 mature individuals. Two populations

comprising fewer than 30 individuals of L. maximum are known to exist.

Sibara filifolia is known from only 1 population of 400 to 500

individuals.

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

Cercocarpus traskiae, Sibara filifolia, and Lithophragma maximum as

endangered. Two of the species are known from fewer than 30

individuals. All three species are known from no more than two

populations. The three species are threatened by one or more of the

following: degradation of habitat and predation by feral animals,

competition with exotic plant species, erosion, hybridization, and

inadequacy of existing regulatory mechanisms. Small population size and

limited distribution make these species particularly vulnerable to

extinction and/or reduced reproductive vigor from stochastic events.

Because these species are in danger of extinction throughout all or a

significant portion of their ranges, they fit the definition of

endangered as defined in the Act. Critical habitat is not being

proposed for these species at this time for reasons discussed below.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) the

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

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

considerations or protection; and (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use of all methods and

procedures needed to bring the species to the point at

[[Page 37992]]

which listing under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. Service

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.

The Service finds that designation of critical habitat is not

prudent at this time for Cercocarpus traskiae. All known populations of

this species are on privately owned lands with little or no Federal

involvement. The additional protection of critical habitat is achieved

through Federal agency consultation under section 7 of the Act. The

Santa Catalina Island Conservancy is aware of the presence of the

species, supports the proposal to list the species, and is currently

working to protect the population. Therefore the designation of

critical habitat for C. traskiae would not appreciably benefit the

species. Additionally, maps published in the Federal Register giving

precise locations of populations of C. traskiae, as required for

designation of critical habitat, may increase incidents of vandalism or

collection of this species by collectors or curiosity seekers.

The Service also determines that designation of critical habitat is

not prudent for Sibara filifolia or Lithophragma maximum. Extant

populations of these two species occur on Federal lands managed by the

Navy and are subject to section 7 consultation and recovery planning

under the Act. San Clemente Island is owned by the Navy and contains

the only known populations of these two species (with the exception of

one mainland individual of Lithophragma maximum). The present range of

Sibara filifolia is within the ship to shore bombing area on San

Clemente Island. Section 7 consultation (50 CFR 402 subpart B) requires

that Federal agencies confer with the Service to evaluate the potential

impacts of any federally executed, funded, or authorized actions on

listed and proposed species or critical habitat. Listing of these two

species as endangered would ensure that consultation occurs and

potential impacts to the species are considered. Due to the limited,

insular range of Sibara filifolia and Lithophragma maximum, designation

of critical habitat would not provide any additional benefit to them.

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

practices. Recognition through listing results in public awareness and

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

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

plans be developed for all listed species. The protection required of

Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

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

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

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a species proposed for listing or result in destruction or

adverse modification of proposed critical habitat. If a species is

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

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

likely to jeopardize the continued existence of the 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 consultation with the Service.

The U.S. Army Corps of Engineers would be involved through their

permitting authority under section 404 of the CWA. The Navy owns San

Clemente Island and administers lands containing Sibara filifolia and

Lithophragma maximum and authorizes, funds, or otherwise conducts

activities that may affect these species.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.61, 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 the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law. Certain

exceptions to the prohibitions 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 plants under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few trade permits would

ever be sought or issued for these species since they are not in

cultivation or common in the wild.

It is the policy of the Service, published in the Federal Register

(59 FR 34272) on July 1, 1994, to identify to the maximum extent

practicable at the time a species is listed those activities that would

or would not constitute a violation of section 9 of the Act. The intent

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

listing on proposed and ongoing activities within the species' range.

Sibara filifolia and Lithophragma maximum are known to occur on lands

under the jurisdiction of the Navy. Collection, damage, or destruction

of listed species on these lands is prohibited, although in appropriate

cases a Federal endangered species permit may be issued to allow

collection. Such activities on non-Federal lands, as would be the case

for Cercocarpus traskiae, would constitute a violation of section 9, if

activities were conducted in knowing violation of State law or

regulations or in violation of State criminal trespass law. The Service

is not aware of any otherwise lawful activities currently being

conducted or proposed by the public that would be affected by this

listing and result in a violation of section 9.

Questions regarding whether specific activities would constitute a

violation of section 9 should be directed to the Field Supervisor of

the Service's Carlsbad Field Office (see ADDRESSES section). Requests

for copies of the regulations concerning listed plants and general

inquiries regarding prohibitions and permits may be addressed to the

U.S.

[[Page 37993]]

Fish and Wildlife Service, Ecological Services, Endangered Species

Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone

503/231-2063; facsimile 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 Sibara filifolia, Lithophragma maximum,

and Cercocarpus traskiae;

(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.

Final promulgation of the regulations on these species 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 one or more public hearings

on this proposal, if requested. Requests must be received by September

25, 1995. 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 Environmental

Assessments or Environmental Impact Statements, 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 U.S. Fish and Wildlife Service, Carlsbad Field Office

(see ADDRESSES section).

Author. The primary author of this document is Debra Kinsinger,

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 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 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 name Status When listed Critical Special

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Cercocarpus traskiae.... Catalina Island U.S.A. (CA)............ Rosaceae............... E ........... NA NA

mountain-mahogany.

* * * * * * *

Lithophragma maximum.... San Clemente Island U.S.A. (CA)............ Saxifragaceae.......... E ........... NA NA

woodland-star.

* * * * * * *

Sibara filifolia........ Santa Cruz Island U.S.A. (CA)............ Brassicaceae........... E ........... NA NA

rockcress.

* * * * * * *

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

Dated: July 5, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-18241 Filed 7-24-95; 8:45 am]

BILLING CODE 4310-55-P