Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Four Plants From Southwestern California and Baja California, Mexico

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD 38

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Four Plants From Southwestern California and Baja

California, Mexico

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera

(Laguna Beach dudleya), Hemizonia conjugens (Otay tarweed), and

Monardella linoides ssp. viminea (willowy monardella) as endangered

throughout their respective ranges in southwestern California and

northern Baja California, Mexico, pursuant to the Endangered Species

Act of 1973, as amended (Act). These species occur in coastal sage

scrub, chaparral, and grassland habitats. The four taxa are threatened

by a variety of factors including urban and agricultural development,

competition from non-native plant species, off-road vehicle use,

mining, grazing, and trampling by hikers. This proposed rule, if made

final, would implement the Federal protection and recovery provisions

afforded by the Act for these four plant 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 at the above address

(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera

(Laguna Beach liveforever), Monardella linoides ssp. viminea. (willowy

monardella), and Hemizonia conjugens (Otay tarweed) occur in San Diego

and Orange Counties in southwestern California. In addition,

populations of three of these taxa (A. ilicifolia, H. conjugens, and M.

linoides ssp. viminea) extend into extreme northern Baja California,

Mexico. These species occur in coastal sage scrub or in a mosaic of

sage scrub, chaparral, riparian scrub, and grassland habitats.

Coastal sage scrub is a community typically dominated by a variety

of drought-deciduous and evergreen sclerophyllous shrubs, including

Artemisia californica (California sagebrush), Eriogonum fasciculatum

(California buckwheat), Encelia californica (California encelia), E.

farinosa (brittle bush), Malosma laurina (laurel sumac), Opuntia spp.

(prickly pear, cholla), Salvia spp. (black sage, white sage), Rhus

integrifolia (lemonadeberry), and R. ovata (sugarbush). Coastal sage

scrub was historically distributed throughout cismontane (coastal)

California south of San Francisco to Ensenada in Baja California,

Mexico (Westman 1983). It ranges in elevation from sea level to about

600 meters (m) (2,000 feet (ft)) in inland sites in the southerly

portion of its distribution (O'Leary 1990).

Acanthomintha ilicifolia grows in heavy clay soils in open areas of

coastal sage-scrub, chaparral, and native grassland in San Diego County

and northern Baja California, Mexico. Dudleya stolonifera is primarily

restricted to weathered bluffs and rock outcrops in microhabitats

within coastal sage scrub or chaparral. D. stolonifera is found only in

the vicinity of Laguna Beach (Orange County). Hemizonia conjugens

occurs in southern coastal San Diego County and northern Baja

California, Mexico, and is typically found in clay soils on slopes and

mesas within coastal sage scrub or grassland habitats. Monardella

linoides ssp. viminea primarily inhabits washes in coastal sage scrub

or riparian scrub habitats. Populations of M. linoides ssp. viminea,

concentrated in the Miramar area of San Diego County, extend south into

Baja California, Mexico.

Typically, areas with Mediterranean climates such as southern

California have numerous rare, locally endemic species (Stebbins and

Major 1965, Cody 1986). Southern California has the highest

concentration of locally endemic plant species in the United

[[Page 40550]]

States (Gentry 1986) and currently experiences one of the highest human

population growth rates in the country. Habitat destruction or

modification adversely affects taxa native to this area by reducing

population densities and contributing to habitat fragmentation. Rapid

urbanization and agricultural conversion in Orange and San Diego

Counties has already eliminated or reduced populations of the four

plant taxa addressed in this proposed rule. These species have also

been adversely affected by the invasion of non-native plants, off-road

vehicle use, increased erosion, grazing, and trampling by humans.

By the 1980's, nearly 90 percent of the entire coastal sage scrub

ecosystem in California had been lost (Westman 1981a, 1981b). In San

Diego County, 95 percent of the native perennial grasslands and nearly

60 percent of the coastal sage scrub had been eliminated as a result of

urban and agricultural development (Oberbauer and Vanderweir 1991, San

Diego Association of Governments 1995). From 1950 to 1990, the human

population of San Diego County increased by 349 percent and the

population of Orange County increased by 1,015 percent (California

Department of Finance 1993). Most of these increases occurred within or

near sites historically occupied, in part, by coastal sage scrub. About

125,000 acres of coastal sage scrub remain in San Diego County (Service

1991). Between 1990 and 2015, the number of occupied housing units in

San Diego County is expected to increase by 69 percent (San Diego

Association of Governments 1991). The trend of habitat loss and

fragmentation is expected to continue as the population of southern

California expands.

Populations of the proposed taxa in Baja California are also

threatened by land use practices. For example, Bowler (1990) and

Oberbauer (1994) reported that coastal scrub vegetation in northern

Baja California is being grazed, burned to increase grass production,

and rapidly converted to row-crop agriculture or condominiums,

campgrounds, and resort housing. Rea and Weaver (as cited in Atwood

1990) also noted that coastal sage scrub in Baja California ``. . . has

been seriously degraded by burning, grazing, and conversion to

vineyards during the past two decades.''

Discussion of the Four Species Proposed for Listing

Acanthomintha ilicifolia (San Diego thornmint) was first described

by Asa Gray as Calamintha ilicifolia, based on a type specimen

collected from ``lower California,'' (Gray 1872). Gray (1878)

subsequently renamed the species A. ilicifolia. A. ilicifolia is an

annual aromatic herb of the mint family (Lamiaceae). Members of the

genus have whorled flowers subtended by a pair of leaves and several

sharply-spined bracts. A. ilicifolia can be distinguished from other

members of the genus by its hairless anthers and style. The tubular,

two-lipped corollas are white with rose markings on the lower lip.

Acanthomintha ilicifolia usually occurs on clay soils in open

patches of coastal sage scrub and chaparral of coastal San Diego County

and south to San Telmo in northern Baja California, Mexico. This taxon

is considered to be ``. . . one of the most restricted clay soil

endemics'' (Oberbauer 1993). It is frequently associated with gabbro

soils derived from igneous rock, and also occurs in calcareous marine

sediments. About 40 percent of the known 35 historic populations of A.

ilicifolia in the United States have been extirpated. Currently, about

40,000 individuals are distributed over 20 sites in the United States

ranging from San Marcos east to Alpine and south to Otay Mesa (San

Diego County) (California Native Natural Diversity Data Base (CNNDDB)

1994, Reiser 1994). At least nine sites are known to have recently

supported A. ilicifolia in Baja California, Mexico. The status of this

species in Mexico is uncertain.

Dudleya stolonifera (Laguna Beach liveforever) was first described

by Reid Moran (1949), based on a specimen collected in 1948 from Aliso

Canyon (Orange County). This succulent perennial member of the

stonecrop family (Crassulaceae) has basal rosettes of flat, oblong,

bright green leaves that arise from a woody base. Its flowers have

bright yellow-green petals that are fused near their base. D.

stolonifera is distinguished by its branching stolons, with lateral

vegetative branches that arise from the basal rosette (Moran 1977). D.

stolonifera occurs on steep cliffs in canyons near Laguna Beach. This

species is known from only six populations, comprising a total of 8,000

to 10,000 individuals (Fred Roberts, Service botanist, pers. comm.

1994).

Hemizonia conjugens (Otay tarweed) was first described by David D.

Keck (1958) based on a specimen collected by L.R. Abrams from river

bottom land in the Otay area of San Diego. H. conjugens, a glandular,

aromatic annual of the sunflower family (Asteraceae), has a branching

stem from 5 to 25 centimeters (2 to 9.8 inches) in height, and deep

green or gray-green leaves with soft, shaggy hairs. The yellow flower

heads are composed of 8 to 10 ray flowers and 13 to 21 disk flowers

with hairless or sparingly downy corollas. The phyllaries are keeled

with short-stalked glands and large, unstalked, flat glands near the

margins. H. conjugens occurs within the range of H. fasciculata and H.

paniculata. Certain morphological characteristics of H. conjugens are

intermediate between those of the closely related species, H.

fasciculata and H. paniculata (Tanowitz 1982). H. conjugens can be

distinguished from other members of the genus by its keeled phyllaries,

black anthers, and its number of disk and ray flowers.

Hemizonia conjugens has a very limited distribution, consisting of

15 populations near Spring Valley in southern San Diego County and one

population in Baja California, Mexico (Rieser 1994; Sandy Morey,

Endangered Plants Program Coordinator, California Department of Fish

and Game, in litt. 1994). Three of the 18 historic localities of H.

conjugens in the United States are considered to be extirpated (Hogan

1990, S. Morey in litt. 1994). This taxon is restricted to clay soils

in coastal sage scrub and grassland habitats. H. conjugens appears to

tolerate mild levels of disturbance such as light grazing (Dr. Barry

Tanowitz, University of California, Santa Barbara, in litt. 1977; Hogan

1990). Such mild disturbances may create sites necessary for

germination (Tanowitz 1977), but the species is threatened by

activities such as development and intensive agriculture. Until its

rediscovery in Baja California in 1977, this species was considered to

be extinct as a result of extensive development within its range

(Tanowitz 1978).

Monardella linoides.ssp. viminea was first described in 1902 by

Edward L. Greene, who named it Monardella viminea, from a type specimen

collected by Vassey in 1880 (Greene 1902). Greene (1906) subsequently

renamed the plant Madronella viminea. Munz (1935) reduced the rank of

Monardella viminea to a subspecies of Monardella linoides. Monardella

linoides ssp. viminea is a perennial herb of the mint family

(Lamiaceae) with a woody base and aromatic foliage. The leaves of this

species are linear to lanceolate. Its pale white to rose-colored

flowers are borne in dense terminal heads subtended by greenish-white,

often rose-tipped bracts. This taxon can be distinguished from other

members of the genus by its glaucous-green, hairy stem and its

conspicuously gland-dotted bracts. Monardella linoides ssp. viminea

often grows in sandy washes and floodplains, and is frequently

associated with

[[Page 40551]]

Eriogonum fasciculatum (California buckwheat), Platanus racemosa

(sycamore), Quercus agrifolia (coast live oak), Artemisia californica

(California sagebrush), and Baccharis sarothroides (coyote-bush)

(Scheid 1985).

Approximately 6,000 individuals of Monardella linoides ssp. viminea

from 20 populations are thought to be extant in the United States. This

taxon was previously known from 27 occurrences in the United States.

All but one population of approximately 200 individuals occurs between

Penasquitos Canyon and Mission Gorge in San Diego County. Fifteen

populations have fewer than 100 plants, and 6 of these contain fewer

than 15 individuals. One population occurs near Arroyo Jatay in

northern Baja California, Mexico.

Previous Federal Actions

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, 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. This report,

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

January 9, 1975, and listed Acanthomintha ilicifolia, Dudleya

stolonifera, Monardella linoides ssp. viminea, and Hemizonia conjugens

as endangered. The Service published a notice on July 1, 1975 (40 FR

27823), of its acceptance of the report of the Smithsonian Institution

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

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

of the plant taxa named therein. A. ilicifolia, D. stolonifera, H.

conjugens, and M. linoides ssp. viminea were included in the July 1,

1975, notice. On June 16, 1976, the Service published a proposal (41 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, publication. A. ilicifolia, D.

stolonifera, H. conjugens, and M. linoides ssp. viminea were also

included in the June 16, 1976, proposal.

General comments received in response to the 1976 proposal were

summarized in an April 26, 1978, notice (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 a December 10, 1979, notice (44 FR

70796), the Service withdrew the outstanding portion of June 16, 1976,

proposal, along with four other proposals that had expired.

The Service published a Notice of Review for plants on December 15,

1980 (45 FR 82480). This notice included Acanthomintha ilicifolia,

Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp.

viminea 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 in the Federal Register (48

FR 53640) a supplement to the 1980 Notice of Review. This supplement

treated A. ilicifolia, M. linoides ssp. viminea, and H. conjugens 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). In the September 27, 1985, revised Notice of Review for plants

(50 FR 39526), D. stolonifera was included as category 1 species; and

A. ilicifolia, H. conjugens, and M. linoides ssp. viminea were included

as category 2 taxa. Enough data were subsequently gathered to include

A. ilicifolia as a category 1 species in the February 21, 1990, Federal

Register (50 FR 45242). The plant Notice of Review was again revised on

September 30, 1993 (58 FR 51144). The status of D. stolonifera and A.

ilicifolia remained as category 1 candidate species; H. conjugens and

M. linoides ssp. viminea remained as category 2 candidate species.

Section 4(b)(3)(B) of the Act requires the Secretary to make

findings on certain pending petitions within 12 months of their

receipt. Section 2(b)(1) of the 1982 amendments further requires that

all petitions pending on October 13, 1982, be treated as having been

newly submitted on that date. This was the case for all the species

presently being proposed, because the 1975 Smithsonian report that

included these species was accepted as a petition. On October 13, 1983,

the Service found that the petitioned listing of these species was

warranted, but that the listing of these species was precluded by other

pending listing actions of higher priority pursuant to section

4(b)(3)(c)(i) of the Act. The finding was reviewed in October 1984

through 1993.

In 1990, the Service received a petition to list Hemizonia

conjugens (dated December 14, 1990) as endangered and a petition to

list Acanthomintha ilicifolia (undated) as endangered from David Hogan

of the San Diego Biodiversity Project. These petitions also requested

the designation of critical habitat. A. ilicifolia and H. conjugens

were included in the Smithsonian Institution's Report of 1975 that had

been accepted as a petition. The Service, therefore, regarded Mr.

Hogan's petitions to list these two taxa as second petitions.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act 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 endangered or threatened due to one or

more of the five factors described in section 4(a)(1). The threats

facing these four taxa are summarized in Table 1. These factors and

their application to Acanthomintha ilicifolia (Gray). Gray (San Diego

thornmint), Dudleya stolonifera Moran (Laguna Beach liveforever),

Hemizonia conjugens Keck (Otay tarweed), and monardella linoides ssp.

viminea (Greene) Abrams (willowy monardella) are as follows:

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

Trampling Alien plant Alteration

grazing species ORV* Urbanization Mining of hydrology

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Acanthomintha ilicifolia.... X X X X X

Dudleya Stolonifera......... X X X

Hemizonia Conjugens......... X X X

Monardella linoides ssp.

viminea.................... X X X X

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*ORV=Off-road Vehicle.

[[Page 40552]]

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. The rapid urbanization of

coastal southern California imminently threatens the four taxa in this

proposed rule. Many of the same factors threatening Acanthomintha

ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea

in the United States (urban and agricultural development) are

threatening these species in Baja California, Mexico.

Of the 35 historically known populations of Acanthomintha

ilicifolia in the United States, 15 have been extirpated by residential

or commercial developments. In addition, off-road vehicle activity and

trampling by cattle and humans have contributed to the decline of this

species. Thirteen of the remaining 20 populations of A. ilicifolia

occur on unprotected land, and several of these are declining rapidly.

For example, a site near Rancho Santa Fe supported hundreds of plants

in 1978, but only three plants in 1986 (CNNDDB 1994). The habitat in

this area was degraded, apparently from the impacts of adjacent

development (CNNDDB 1994). A population of A. ilicifolia in Encinitas

contained 11,000 plants in 1989, but only 1,400 in 1992. This

population is threatened by trampling and soil erosion (Robert Taylor,

botanical consultant, pers. comm. 1992). Another locality was partially

extirpated by an unauthorized haul road, which eliminated 60 to 70

percent of the population (CNNDDB 1994).

Five of the known remaining locations of Acanthomintha ilicifolia

occur on protected land. Two populations occur on the Cleveland

National Forest (Viejas Mountain and Poser Mountain). Two populations

are found in parks owned by the City of San Diego (Penasquitos Canyon

and Mission Trail). One population, located on McGinty Mountain, is

managed by The Nature Conservancy and the California Department of Fish

and Game. However, these localities are vulnerable to habitat

degradation resulting from trampling, dumping, erosion, and off-road

vehicle activity. The McGinty Mountain population is threatened by a

proposed water tower project (Fred Sproul, botanical consultant, pers.

comm. 1992). Roads adjacent to populations in the vicinity of McGinty

Mountain and Penasquitos Canyon provide easy access for foot traffic

and off-road vehicle use (Mike Kelly, Friends of Los Penasquitos

Canyon, pers. comm. 1992). The Viejas Mountain population has been

adversely affected by trampling impacts associated with grazing,

resulting in increased erosion and the invasion of non-native plant

species (Fred Sproul, pers. comm. 1992).

The status of Acanthomintha ilicifolia and its habitat in

northwestern Baja California, Mexico, is not well documented. The

species is known to occur as far south as Las Escobas near San Quintin,

but its distribution in Mexico is spotty (Reid Moran, pers. comm.

1992). The San Diego Natural History Museum has herbarium specimens of

A. ilicifolia from nine localities in Baja California, Mexico. However,

little information is available on numbers of individuals or specific

threats. One population near Tecate is threatened by an adjacent clay

mining operation (Tom Oberbauer, senior planner, San Diego County,

pers. comm. 1992). This northern region represents one of the most

severely impacted areas in Baja California and many of the same factors

(urban and agricultural development) that have affected the status of

this taxon in the United States also threaten the species in Mexico.

Approximately 8,000 to 10,000 individuals of Dudleya stolonifera in

six locations are thought to be extant. Urban development and

associated edge effects (see Factor E) threaten D. stolonifera.

Approximately half of the Canyon Acres population of D. stolonifera has

been cleared by the landowner (CNNDDB 1992).

Habitat for Dudleya stolonifera is also degraded by adjacent land

uses. The type locality for D. stolonifera is adjacent to urban

development and is declining due to increased shading and competition

from non-native plants (Kei Nakai, botanical consultant, pers. comm.

1992). The largest population of D. stolonifera, located directly

adjacent to residential development in Aliso Canyon (Orange County), is

threatened by fuel modification and hydroseeding (City of Laguna Beach

1993; Fred Roberts, pers. comm. 1994).

Proposed development threatens the majority of the remaining

populations of Hemizonia conjugens in the United States. In addition,

much of the potentially suitable habitat for this species has been

cleared for agriculture. Three of the 18 historic locations of H.

conjugens are considered to be extirpated (Hogan 1990, S. Morey in

litt. 1994). None of the existing populations are entirely protected.

One population previously known from an open space easement in a

residential area had 100 plants in 1987, but was subsequently reported

as extirpated (Hogan 1990). The majority of remaining habitat for this

species is degraded by illegal dumping and off-road vehicle activity.

At least five of the remaining localities for H. conjugens are within

proposed development projects, and one of these may already be

extirpated. At least 80 percent of the largest known population (about

60 percent of all known individuals) of this species is threatened by a

proposed housing development (Dudek and Associates 1992, S. Morey in

litt. 1994).

Monardella linoides ssp. viminea was previously known from 27

occurrences in the United States, seven of which have been extirpated

by transportation projects and industrial development. Of the five

remaining occurrences with at least 100 individuals, none are currently

protected. The remaining populations of M. linoides ssp. viminea are

threatened by urban development, sand and gravel mining, off-road

vehicle activity, trampling, trash dumping, and erosion. One of the

largest populations (2,000 to 3,000 individuals) is located on private

property, on Federal land managed by the Navy, and on City-owned

property (Sycamore Canyon City Park). This population has been damaged

by off-road vehicles and fire, which continue to threaten the remaining

populations of this taxon. Two populations on Miramar Naval Air Station

land have been partially destroyed by road construction. The other two

large populations of M. linoides ssp. viminea are on private property.

One of these (approximately 340 individuals) is threatened by sand and

gravel mining. The other population, with approximately 200

individuals, is on property proposed for development. Habitat for this

taxon in Los Penasquitos City Regional Park is degraded by stream

erosion, trash dumping, and the invasion of non-native species. Another

population in San Clemente Park, owned by the City of San Diego, was

reported to have approximately 60 plants in the-early 1980's, but

contained fewer than 35 plants in 1987 (CNNDDB 1992).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Dudleya stolonifera is threatened by

overcollection. Field-collected specimens of Dudleya stolonifera have

been found in southern California nurseries, and are likely to be

harvested for private collections (Kei Nakai, horticulturalist, in

litt. 1978, and pers. comm. 1992). D. stolonifera and Monardella

linoides ssp. viminea are known to be in cultivation (Mike Evans, Tree

of Life Nursery, in litt. 1987; Hickman 1993). Overutilization is not

known to be a factor for the other taxa in this proposed rule.

C. Disease or predation. Herbivory may threaten some populations of

the plants contained in this proposed rule. For example, failure of the

[[Page 40553]]

Acanthomintha ilicifolia transplants at Quail Gardens was attributed

primarily to rabbit predation (Don Miller, Quail Gardens, pers. comm.

1992). Herbivory by rabbits has also been identified as a threat to

populations of Monardella linoides ssp. viminea in San Clemente Park

(John Rieger, biologist, California Department of Transportation, pers.

comm. 1992).

D. The inadequacy of existing regulatory mechanisms. Existing

regulatory mechanisms that could provide some protection for these taxa

include: (1) the Federal Endangered Species Act in cases where these

taxa occur in habitat occupied by a listed species; (2) conservation

provisions under the Federal Clean Water Act; (3) listing under the

California Endangered Species Act; (4) the California Environmental

Quality Act; (4) implementation of conservation plans pursuant to the

California Natural Community Conservation Planning program; (5) land

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

private groups and organizations; (6) local laws and regulations; and

(7) enforcement of Mexican laws.

The coastal California gnatcatcher (Polioptila californica

californica) is listed as a threatened species under the Act, and

occurs in some of the areas occupied by these four plant taxa. However,

the legal authority to protect the gnatcatcher does not extend to

candidate species. For example, the City of San Diego has recently

approved plans for a large-scale development project that will result

in significant impacts to the California gnatcatcher and coastal sage

scrub. No mitigation for impacts to Hemizonia conjugens has been

recommended by the project proponent (Ellen Berryman, Service

biologist, pers. comm. 1994) Currently, the Service is working with

local fire management agencies in San Diego County on a cooperative

agreement that would allow for incidental take of the California

gnatcatcher within 30 m (100 ft) of existing development. If

implemented, this agreement may result in additional impacts to several

of the taxa here proposed (John Lovio, Service biologist, pers. comm.

1995).

Conservation agreements with other Federal agencies may reduce the

decline of some species to the point at which listing as threatened or

endangered would not be appropriate. However, conservation agreements

with other Federal agencies would not appreciably benefit most of the

taxa in this rule. Two of the four taxa (Dudleya stolonifera and

Hemizonia conjugens) do not occur on Federal lands, and only a small

fraction of the populations of Acanthomintha ilicifolia occur on

Federal lands (two of 14 populations). It is unlikely that a

Conservation Agreement with the Forest Service on these populations

would significantly affect the decline of the species. About one-half

of the extant Monardella linoides ssp. viminea populations occur on

private land and the distribution of this taxon, frequently

characterized by small populations, is extremely restricted. A

conservation agreement with the Navy would not reduce the decline of

this taxon over a significant portion of its range.

Monardella linoides ssp. viminea could potentially be affected by

projects requiring a permit from the Army Corps of Engineers 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'' (Pub. L. 92-500), which

includes navigable and isolated waters, headwaters, and adjacent

wetlands, there are no specific provisions that adequately address the

need to conserve candidate species such as those considered herein.

Candidate species receive no special consideration under section 404 of

the Clean Water Act.

The California Fish and Game Commission has listed Acanthomintha

ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea

as endangered and Dudleya stolonifera as threatened under the Native

Plant Protection Act (chapter 10 section 1900 et seq. of the Fish and

Game Code) and California Endangered Species Act (chapter 1.5 section

2050 et seq.). Though both statutes prohibit the ``take'' of State-

listed plants (sections 1908 and 2080), State law exempts the taking of

such plants via habitat modification or land use change by a landowner.

After the Department notifies a land owner that a State-listed plant

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

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

the land use to allow salvage of such plants'' (chapter 10 section

1913). Although H. conjugens is listed as endangered by the State, at

least two large-scale development projects have recently been approved

by the City of San Diego that will have significant, unmitigated

impacts on this species and its associated grassland/coastal sage scrub

habitat (Ellen Berryman, pers. comm. 1994).

The majority of the known populations of Acanthomintha ilicifolia,

Dudleya stolonifera, and Hemizonia conjugens occur on privately-owned

land. Local and county zoning designations are subject to change and

may not adequately consider the needs of sensitive species in the

establishment of open space areas. The few existing resource protection

ordinances are subject to interpretation, and compliance is not

required in cases where findings of overriding social and economic

considerations are made. In many cases, land-use planning decisions are

made on the basis of environmental review documents prepared as a

requirement of the California Environmental Quality Act (CEQA) or the

National Environmental Policy Act. These documents have not adequately

addressed potential impacts to the four taxa or offered sufficient

compensation for losses that continue to contribute to net loss of

habitat. As an example, impacts to biological resources associated with

two large-scale residential development projects (approximately 98

hectares (ha) (244 acres (ac)) and 266 ha (665 ac)) in the vicinity of

Otay Mesa, occupied in part by H. conjugens, are considered to be

significant even after all mitigation measures are implemented.

Nonetheless, statements of overriding considerations were developed,

and both projects were recently approved by the San Diego City Council

(Ellen Berryman, pers. comm. 1994).

Transplantation and relocation projects are frequently used to

compensate for the loss of rare plant species under CEQA. Hall (1987)

and Fiedler (1991) document several attempts at transplanting

Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella linoides

ssp. viminea. In one transplantation project for A. ilicifolia,

maintenance and monitoring was scheduled for a period of 5 years.

Subsequently, all records of the project were lost and the new property

owner claimed no responsibility for the project. This site was

destroyed by trash dumping and off-road vehicle use (Hall 1987). At

least six of the eight transplant populations of this species are

either rapidly declining or have been extirpated, largely as a result

of weed invasion (Fred Sproul, Mitch Beauchamp, Robert Taylor,

botanical consultants, pers. comm. 1992). Although two of the

transplanted A. ilicifolia populations (Sabre Springs and San Pasqual)

are somewhat stable, they are not likely to survive when weeding is

discontinued (Robert Taylor, pers. comm. 1992). One year after 45

individuals of M. linoides ssp. viminea were transplanted by the

California Department of Transportation, only four had survived (Hall

1987). Of the 53 transplantation, relocation, or reintroduction

projects reviewed by

[[Page 40554]]

Fiedler (1991), only 15 percent were considered to be fully successful.

None of these included A. ilicifolia, H. conjugens, or M. linoides ssp.

viminea. Transplantation has not yet been demonstrated to provide for

the long-term viability of any of the four taxa under consideration in

this proposed rule.

In 1991, the State of California established the Natural

Communities Conservation Planning (NCCP) Program to address

conservation needs of natural ecosystems throughout the State. The

initial focus of the program is the coastal sage scrub community

occupied, in part, by these four taxa. Acanthomintha ilicifolia,

Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp.

viminea have been included as taxa for consideration under the coastal

sage scrub NCCP Program. Several regional plans, the Multi-species

Conservation Plan (MSCP) and the Multi-habitat Conservation Plan (MHCP)

of San Diego County, and the Central/Coastal Subregional NCCP/Habitat

Conservation Plan (Central/Coastal NCCP) of Orange County are under

development by a consortium of county and municipal governments and

other parties, including the California Department of Fish and Game and

Service. Though no plans have been completed to date, progress is

currently being made and significant protection will be provided by the

NCCP program for the four taxa.

If adopted and implemented, the Central/Coastal NCCP as currently

proposed may preclude the need to list Dudleya stolonifera. The

Central/Coastal NCCP proposes protection for about 80 percent of the D.

stolonifera populations in the San Joaquin Hills of Orange County. The

largest population (about 40 percent of all individuals) would not be

included within the preservation boundary. However, this population

(Big Bend, Laguna Canyon) occurs on a rugged cliff and already receives

some protection and management from the City of Laguna Beach which has

recognized the significance of this locality since 1982.

While Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella

linoides ssp. viminea will benefit from the MSCP and MHCP planning

efforts in San Diego County, these planning efforts have yet to be

approved. If adopted and implemented, the plans may preclude the need

to list one or more of these taxa. About 70 percent of the United

States populations of A. ilicifolia occur within the MSCP subregion,

including eight of 11 major populations. Four of these eight major

populations are not adequately conserved by the proposed preserve

within the subregion, and other major populations are protected but

subject to edge effects. The MHCP contains about 25 percent of the

United States populations of A. ilicifolia, including two major

populations. These populations are adequately protected.

All of the United States populations of Hemizonia conjugens occur

within the MSCP subregion. Two of the major populations, containing

about 70 percent of all known individuals, are within proposed

development projects that would fragment the remaining habitat. The

five remaining major populations (containing about 25 percent of all

individuals) may be subject to edge effects. The Service is working

with local jurisdictions and landowners to protect these populations.

While about 95 percent of the United States range of Monardella

linoides ssp. viminea occurs within the MSCP subregion, only about 20

percent occurs outside Miramar Naval Air Station. Though Miramar is not

participating in the MSCP, the Navy is working on a management plan

with the advice of the Service. At least one additional small

population occurs within the Poway Habitat Conservation Plan area.

Current efforts in the MSCP and Poway, while proposing adequate

conservation within their respective areas, are not enough to preclude

listing. However, with the completion of the Navy's management plan, M.

linoides ssp. viminea should be adequately protected.

Populations of Acanthomintha ilicifolia on Federal land (Cleveland

National Forest) are being negatively affected by unauthorized grazing

and illegal shooting and dumping (Winter 1991). The most significant

populations of Monardella linoides ssp. viminea occur on Federal land

at Miramar Naval Air Station. Though no management plan exists for this

taxon, Miramar is nearing the completion of a draft plan. Management of

the Naval Air Station will soon be transferred to the United States

Marine Corps, which will participate in the planning effort.

The ranges of Acanthomintha ilicifolia, Hemizonia conjugens, and

Monardella linoides ssp. viminea extend into northern Baja California,

Mexico. Mexico has laws that could provide protection to rare plants;

however, enforcement of these laws is lacking (Service 1992).

On July 29, 1983, Dudleya stolonifera was included in Appendix I of

the Convention on International Trade in Endangered Species of Wild

Fauna and Flora (CITES). CITES is a treaty established to prevent

international trade that may be detrimental to the survival of plants

and animals. Generally, both import and export permits are required

from the importing and exporting countries before an Appendix I species

may be shipped, and Appendix I species may not be exported for

primarily commercial purposes. However, plants that are certified by

the Service as artificially propagated in accordance with CITES

conference resolutions may be exported for commercial purposes with

only CITES export documents from the exporting country. CITES permits

may not be issued if the export will be detrimental to the survival of

the species or if the specimens were not legally acquired. However,

CITES does not regulate take or domestic trade.

E. Other natural or manmade factors affecting their continued

existence. At least two of the taxa in this proposed rule, Dudleya

stolonifera and Monardella linoides ssp. viminea, are threatened with

stochastic (random) extinction by virtue of their small population

sizes. Chance events, such as floods, fires, or drought, can

substantially reduce or eliminate populations and increase the

likelihood of extinction. In addition, small populations are threatened

by inbreeding depression (Lande 1988, Ellstrand 1992). Small

populations can have significantly lower germination rates than larger

populations of the same species due to high levels of homozygosity

(Menges 1991). Local extinctions of plant species can occur in areas

with a high degree of environmental stochasticity (e.g. large

fluctuations in rainfall, etc.). Furthermore, Acanthomintha ilicifolia

and Hemizonia conjugens are annuals that undergo large population

fluctuations from year to year. Annuals may not have a persistent seed

bank or may be unable to recolonize areas of suitable habitat due to

dispersal barriers such as intervening development. These populations

are particularly vulnerable to local extirpations.

Non-native grass and forb species have invaded many of southern

California's plant communities. Their presence and abundance is

generally an indirect result of habitat disturbance by development,

mining, grazing, discing, and alteration of hydrology. The invasion of

both native and non-native wetland plant species as a result of altered

drainage patterns threatens habitat for Monardella linoides ssp.

viminea (Scheid 1985). Grazing negatively affects Acanthomintha

ilicifolia by increasing erosion, contributing to soil compaction, and

introducing a variety of non-native

[[Page 40555]]

grasses that exclude A. ilicifolia from areas of otherwise suitable

habitat (Winter 1991). Several populations of Dudleya stolonifera are

threatened by trampling and the invasion of exotic plant species (Marsh

1992). All four taxa in this proposal are subject to displacement by

exotic plant species.

Although many coastal sage scrub and chaparral species are adapted

to periodic fires, the taxa in this proposal are threatened by fire

that can result in the extirpation of individuals or entire populations

of these species. In addition, the disruption in natural fire cycles

can also result in the conversion of coastal sage scrub or chaparral

habitats into non-native grasslands (Tyrrel 1982). For example, several

catastrophic wildfires in 1993 burned over 16,000 ha (40,000 ac) of

coastal sage scrub and associated habitats in Orange and San Diego

Counties (Service, unpublished data). These fires affected three of the

six remaining populations of Dudleya stolonifera. Due to the intensity

of these burns, it is possible that some of the affected D. stolonifera

populations will not fully recover.

Dudleya stolonifera, Hemizonia conjugens, Acanthomintha ilicifolia,

and Monardella linoides ssp. viminea generally persist as small,

isolated populations surrounded by urban or agricultural development.

Much of the remaining habitat for these taxa is degraded, and is

threatened by off-road vehicle activity, the invasion of nonnative

plants, and trampling by cattle and humans. These four species are in

danger of extinction throughout all or a significant portion of their

ranges. 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 the preferred

action is to list Dudleya stolonifera, Hemizonia conjugens,

Acanthomintha ilicifolia, and Monardella linoides ssp. viminea as

endangered. These four taxa are threatened by one or more of the

following factors: urbanization, agricultural conversion, off-road

vehicle activity, stochastic events, overcollecting, trampling, and the

invasion of nonnative species.

Critical habitat is not being proposed for these taxa for the

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 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

a species is listed. 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 threat to the species, or (2) such

designation of critical habitat would not be beneficial to the species.

The Service finds that the designation of critical habitat is not

prudent for these four species at this time. Publication of precise

maps and descriptions of critical habitat would increase the degree of

threat to the four taxa from take or vandalism and could contribute to

their decline. The listing of these species under the Act publicizes

the rarity of the plants and, thus, can make them attractive to

researchers, curiosity seekers, or collectors of rare plants. Dudleya

stolonifera and Monardella linoides ssp. viminea are known to be in

cultivation.

Most populations of Acanthomintha ilicifolia, Dudleya stolonifera,

and Hemizonia conjugens are on privately owned land with little or no

Federal involvement. Therefore, the designation of critical habitat

would provide no additional benefit for these taxa. Several populations

of Monardella linoides ssp. viminea are found on Federal land at

Miramar Naval Air Station. In addition, this taxon generally occurs

along streams and washes where Federal involvement may occur through

section 404 of the Clean Water Act. All appropriate Federal and State

agencies and local planning agencies have been notified of the

locations and importance of protecting habitat for these species.

Protection of habitat for the four taxa will be addressed through the

recovery process and through the section 7 consultation process.

Therefore, the Service finds that designation of critical habitat for

these species is not prudent at this time, because such designation

would increase the degree of threat from vandalism, collecting, or

other human activities and because it is unlikely to aid in the

conservation of the taxa.

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 results in

public awareness and conservation actions by Federal, State, local, and

private agencies, groups, 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) of the Act 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 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 consultation with the

Service.

Federal agencies expected to have involvement with Monardella

linoides ssp. viminea include the Army Corps of Engineers and the

Environmental Protection Agency due to their permit authority, under

section 404 of the Clean Water Act. M. linoides ssp. viminea occurs on

Miramar Naval Air Station. This base will likely be involved through

military activities or potential transfer of excess Federal lands. The

Forest Service has jurisdiction over several populations of

[[Page 40556]]

Acanthomintha ilicifolia. M. linoides ssp. viminea may be affected by

projects funded in part by the Federal Highway Administration.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered or

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

implemented by 50 CFR 17.61 and 17.71, apply. These prohibitions, in

part, make it illegal for any person subject to the jurisdiction of the

United States to import or export, transport in interstate or foreign

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

in interstate or foreign commerce, or 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, 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.

Such permits are available for scientific purposes and to enhance the

propagation or survival of the species. It is anticipated that permits

may be sought for cultivated specimens, since two of the taxa are known

to be under cultivation and are in domestic trade.

It is the policy of the Service (59 FR 36272) 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. Such information is intended to clarify the potential

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

the species' range. Three of the four species in this rule are known to

occur on lands under the jurisdiction of the Forest Service or the

Department of Defense. Collection, damage, or destruction of listed

plants on these lands is prohibited without a Federal endangered

species permit. Such activities on non-Federal lands would constitute a

violation of section 9 of the Act, if conducted in knowing violation of

California State law, including State criminal trespass law.

Questions regarding whether specific activities will constitute a

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

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

copies of the regulations regarding listed species and inquiries about

prohibitions and permits may be addressed to the U.S. Fish and Wildlife

Service, Ecological Services, Endangered Species Permits, 911 NE Lith

Avenue, Portland, Oregon 97232-4181 (503) 231-2063 or 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, or other relevant data concerning any

threat (or lack thereof) to these taxa;

(2) The location of any additional populations of these taxa 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; and

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

possible impacts on these species.

Final decisions 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 be 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 and 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 in this proposal is

available upon request from the Carlsbad Field Office (see ADDRESSES

section).

Author

The primary authors of this proposed rule are Ellen Berryman and

Edna Rey-Vizgirdas (see ADDRESSES section) (telephone 619/431-9440).

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) * * *

[[Page 40557]]

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

Species

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

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Acanthomintha ilicifolia San Diego thornmint..... U.S.A. (CA)............. Lamiaceae.............. E NA NA

* * * * * * *

Dudleya stolonifera..... Laguna Beach liveforever U.S.A. (CA)............. Crassulaceae........... E NA NA

* * * * * * *

Hemizonia conjugens..... Otay tarweed............ U.S.A. (CA) Mexico...... Asteraceae............. E NA NA

* * * * * * *

Monardella linoides ssp. Willowy monardella...... U.S.A. (CA) Mexico...... Lamiaceae.............. E NA NA

viminea.

* * * * * * *

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

Dated: July 5, 1995.

Mollie Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-19714 Filed 8-8-95; 8:45 am]

BILLING CODE 4310-55-P