Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Ten Plants and Threatened Status for Two Plants From Serpentine Habitats in the San Francisco Bay Region of California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN: 1018-AB88

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for Ten Plants and Threatened Status for Two Plants

From Serpentine Habitats in the San Francisco Bay Region of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act) for 10 plants: Castilleja affinis ssp. neglecta (Tiburon

paintbrush), Ceanothus ferrisae (coyote ceanothus), Cirsium fontinale

var. fontinale (fountain thistle), Clarkia franciscana (Presidio

clarkia), Cordylanthus tenuis ssp. capillaris (Pennell's bird's-beak),

Dudleya setchellii (Santa Clara Valley dudleya), Eriophyllum latilobum

(San Mateo woolly sunflower), Pentachaeta bellidiflora (white-rayed

pentachaeta), Streptanthus albidus ssp. albidus (Metcalf Canyon

jewelflower), and Streptanthus niger (Tiburon jewelflower). The Service

also determines threatened status for two plants, Calochortus

tiburonensis (Tiburon mariposa lily) and Hesperolinon congestum (Marin

dwarf-flax). These species are restricted to serpentine soil outcrops

in the area near San Francisco Bay, California. The 12 plants have been

variously affected and are threatened by one or more of the following:

urbanization, pedestrian, and off-road vehicular traffic, the invasion

of alien plants, road maintenance, soil erosion and slipping,

unauthorized dumping, livestock grazing, seed predation by beetles, and

stochastic extinction by virtue of the small, [[Page 6672]] isolated

nature of the remaining populations. This rule implements the Federal

protection and recovery provisions afforded by the Act for these

plants.

EFFECTIVE DATE: March 6, 1995.

ADDRESSES: The complete file for this rule is available for public

inspection, by appointment, during normal business hours at the U.S.

Fish and Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento,

California 95825-1846.

FOR FURTHER INFORMATION CONTACT: Elizabeth Warne at 916/978-4866 at the

above address.

SUPPLEMENTARY INFORMATION:

Background

Cordylanthus tenuis ssp. capillaris, Calochortus tiburonensis,

Castilleja affinis ssp. neglecta, Streptanthus niger, Clarkia

franciscana, Cirsium fontinale var. fontinale, Eriophyllum latilobum,

Hesperolinon congestum, Pentachaeta bellidiflora, Ceanothus ferrisae,

Dudleya setchellii, and Streptanthus albidus ssp. albidus are endemic

to serpentine soils in the region of the San Francisco Bay in

California. Serpentine soils are derived from ultramafic rocks such as

serpentinite, dunite, and peridotite, which are found in discontinuous

outcrops in the Sierra Nevada and in the Coast Ranges from Santa

Barbara County, California to British Columbia. The chief constituent

of the parent rock is some variant of iron-magnesium silicate. Most

serpentine soils are formed in place over the parent rock, and are,

therefore, shallow, rocky, and highly erodible. Serpentine soils,

because of the parent material, tend to have high concentrations of

magnesium, chromium, and nickel and low concentrations of calcium,

nitrogen, potassium, and phosphorus (Kruckeberg 1984). These

characteristics make serpentine soil inhospitable for the growth of

most plants. Nevertheless, some plants have adapted to the rigors of

life on serpentine soils. In fact, serpentine soils often support a

high diversity of plants including many rare species (McCarten 1988).

Over 200 taxa in California are endemic (restricted) to serpentine

soils (Kruckeberg 1984).

Serpentine soils in the San Francisco Bay region are derived from

intrusive igneous rocks associated with fault zones in the sedimentary

Franciscan formation. Outcrops occur south of the Bay in the Coyote

Valley of Santa Clara County; west of the Bay at Edgewood County Park,

near Crystal Springs Reservoir, at Stanford University's Jasper Ridge

Preserve in San Mateo County, and at the Presidio in San Francisco

County; east of the Bay in the Oakland Hills of Alameda County and at

Mt. Diablo in Contra Costa County; and north of the Bay on the Tiburon

Peninsula in eastern Marin County and at Mt. Tamalpais, Carson Ridge,

and near Nicasio Reservoir in western Marin County, as well as in

Sonoma and Napa Counties. Serpentine soils are variable in soil

chemistry, texture, and water availability, both within and between

sites (McCarten 1987b). This variability and the variety of micro-

climates in the San Francisco Bay region have a profound effect upon

the local flora. Several serpentine plant communities are found in the

San Francisco Bay region (McCarten 1987b). Grassland and annual forb

communities (serpentine bunchgrass grasslands and serpentine wildflower

fields) tend to occur on level ground or on gentle slopes with soils to

1 meter (m) (3 feet (ft)) or more in depth. Shrub communities

(Franciscan serpentine coastal scrub, mixed serpentine chaparral, and

Sargent cypress woodlands) tend to occur on steep rocky slopes with

shallow soils. In some areas, soil development is minimal and parent

rock is extensively exposed. These serpentine barrens support a

distinctive community composed of only a few species, usually growing

at low densities. Another unique habitat on serpentine soils occurs

near seasonal springs and seeps, which support species requiring moist

soil.

Most of the 12 species in this rule occur in the serpentine

bunchgrass grassland and serpentine wildflower field communities.

Cirsium fontinale var. fontinale occurs in serpentine seep areas.

Cordylanthus tenuis ssp. capillaris and Ceanothus ferrisae occur in

chaparral, as do a few populations of Hesperolinon congestum. Dudleya

setchellii and Streptanthus albidus ssp. albidus are found on

serpentine barrens. Eriophyllum latilobum grows on serpentine-

influenced soil in the coast live oak woodland community.

Serpentine endemics may have limited or widespread distributions.

Some species are restricted to a single outcrop; others occur on

serpentine soils within a particular region; a few species occur

throughout almost the entire range of serpentine soils in California

(Kruckeberg 1984). Of the taxa considered in this rule, (Calochortus

tiburonensis) is thought to always have been restricted to the single

outcrop on which it occurs. Others, including Cordylanthus tenuis ssp.

capillaris, Streptanthus niger, Eriophyllum latilobum, Dudleya

setchellii, and Streptanthus albidus ssp. albidus, have a known

historical range of only a few miles or less. The widest ranging

species in historic times was Pentachaeta bellidiflora, which occurred

from Marin County to Santa Cruz County. It is now restricted to a

single population as a result of habitat destruction.

The human population of the San Francisco Bay region has grown

rapidly over the last several decades. Urban development (including

highway construction) has reduced the amount of serpentine habitat by

nearly 20 percent in the past 20 years (McCarten 1987b). The

construction of roads, houses, recreational facilities, and waste

disposal sites continues. The increasing numbers of people also place

an ever greater strain on undeveloped wildlands, through activities

such as pedestrian and off-road vehicle traffic, unauthorized garbage

dumping, and changes in the pattern of wildland fires. Serpentine

habitats, because of their often limited vegetative cover, may appear

to the uninitiated as unoccupied space, and so they are especially

likely to be subject to disturbances. Recreational activities may

directly impact plants; or may result in increased erosion and

facilitate the invasion of alien species including many introduced

annual grasses common in California. Competition with introduced

species is a serious threat to serpentine natives (McCarten 1987b). The

destruction of serpentine habitats due to urban development also has

increased the fragmentation of rare plant populations, thus, increasing

the risks of extinction due to chance events such as fire, pest or

disease outbreaks, reproductive failure, or other natural or human-

caused disaster.

The land that supports these 12 taxa is owned by local, State, and

Federal agencies, parks, and private parties.

Discussion of the Twelve Species

North Bay Species

Cordylanthus tenuis ssp. capillaris (Pennell's bird's-beak) was

collected by Herbert Mason about 3.2 kilometers (km) (2 miles (mi))

north of Occidental in Sonoma County, California, in 1946. Francis

Whittier Pennell described the plant as Cordylanthus capillaris in

1950, using Mason's specimen as the type (Pennell 1950). Pennell was

misled by an erroneous label to think that the plants had been

collected in Merced County (Bacigalupi 1966), which may have affected

his treatment of the taxon (Chuang and Heckard 1986). Artificial

hybridization studies of C. brunneus and C. capillaris (Chuang and

Heckard 1975) showed a close relationship between the two plants. The

name C. brunneus ssp. capillaris was proposed [[Page 6673]] for C.

capillaris by Chuang and Heckard (Heckard 1977), but was never formally

published. In 1986, Chuang and Heckard published a revision of the

genus, in which both C. brunneus and C. capillaris were treated as

subspecies of C. tenuis (Chuang and Heckard 1986).

Cordylanthus tenuis ssp. capillaris is a branching herbaceous

annual of the snapdragon family (Scrophulariaceae). The plant grows 30

to 40 centimeters (cm) (12 to 16 inches (in)) tall, with yellow-green

hairless herbage that becomes purplish with age. The leaves are entire,

or those of the primary stem three-parted, and threadlike. The floral

bracts are three-parted up to two-thirds of their length, with fine

marginal hairs on bracts and calyx. The tubular corolla is 1.5 cm (0.6

in) long and garnet-brown laterally, paler dorsally. Each capsule

contains 10 to 16 seeds. The three-lobed outer bracts of Cordylanthus

tenuis ssp. capillaris distinguish it from its nearest relative (C.

tenuis ssp. brunneus) and from C. pilosus, another Cordylanthus found

in the area. A further distinguishing character is that C. pilosus is

densely hairy throughout.

Cordylanthus tenuis ssp. capillaris is known only from two

locations: the type locality in western Sonoma County and a second

occurrence a few miles to the west. A third population may occur on

property adjacent to the second location, but permission for botanical

surveys on that property has been consistently refused (Betty Guggolz,

Milo Baker Chapter, California Native Plant Society, pers. comm.,

1992). The total number of plants fluctuates from year to year, as is

typical of annual plants. C. tenuis ssp. capillaris is threatened with

potential residential development, garbage dumping, and roadside

maintenance.

Calochortus tiburonensis (Tiburon mariposa lily) was discovered in

1971 by Robert West on Ring Mountain on the Tiburon Peninsula in Marin

County, California. Albert Hill collected the type specimen on Ring

Mountain the following year and published the description in 1973 (Hill

1973).

Calochortus tiburonensis is a bulbous perennial of the lily family

(Liliaceae) with a single persistent, basal, linear-oblong leaf 30 to

60 cm (1 to 2 ft) long. The flowering stem, about 50 cm (20 in) tall,

is usually branched and bears erect flowers in twos or threes at the

ends of the branches. The three petals and three sepals are light

yellow-green with reddish or purplish-brown markings. The capsule is

triangular in cross-section and about 4 cm (2 in) long. The long

slender hairs on the upper surface and margins of the petals and the

lack of wings on the capsule distinguish C. tiburonensis from the other

two Calochortus species found on the Tiburon Peninsula, C. umbellatus

and C. luteus.

Calochortus tiburonensis is known only from its type locality,

where it grows on rocky serpentine slopes among annual and perennial

herbs and grasses. The population, estimated at 40,000 individuals in

1991 (Larry Serpa, The Nature Conservancy, pers. comm., 1992), occurs

on land that has been owned and managed by The Nature Conservancy since

1982. The occurrence of this plant in a single population, its

proximity to human population centers, and intensive development

activities renders it vulnerable to catastrophic events such as fire,

disease or pest outbreak, severe drought, or other natural or human-

caused disasters.

The type specimen of Castilleja affinis ssp. neglecta (Tiburon

paintbrush) was collected by Katherine Brandegee in the early 1900s.

The plant was described by Zeile in 1925 in Willis Jepson's Manual of

the Flowering Plants of California.

Castilleja affinis ssp. neglecta is a semi-woody perennial of the

snapdragon family (Scrophulariaceae), with erect, branched stems 30 to

60 cm (1 to 2 ft) tall and a sparse covering of soft, spreading hairs.

The lance-shaped leaves have one or two pairs of narrow lobes. The

conspicuous floral bracts are yellowish and sometimes red-tipped; the

flowers are yellow to red and 18 to 20 millimeters (mm) (0.7 to 0.8 in)

long. The simple (unbranched) hairs and the lack of glands below the

inflorescence distinguish C. affinis spp. neglecta from other species

of Castilleja on the Tiburon Peninsula (C. latifolia var. rubra and C.

foliosa) (Howell 1970).

Castilleja affinis ssp. neglecta occurs in serpentine bunchgrass

communities on north to west facing slopes. It is known from four

populations in Marin County, three of which occur on the Tiburon

Peninsula, one population in Napa County, and one population in Santa

Clara County. The range of this plant is approximately 50 km (30 miles)

from east to west and 112 km (70 miles) from north to south. Population

sizes are small, ranging from 13 plants at a location in Santa Clara

County (Roxanne Bittmann, California Natural Diversity Data Base, pers.

comm., 1993) to 600 plants at Ring Mountain Preserve on the Tiburon

Peninsula (Hunter 1989a). A total of approximately 1,500 plants exist.

The Marin County populations are threatened by residential development,

foot traffic, grazing, and soil slumping; the Napa County population is

threatened by gravel mining and grazing.

Streptanthus niger (Tiburon jewelflower) was described by Edward L.

Greene, from a type specimen he had collected at St. Hilary's Church in

the town of Tiburon in Marin County (Greene 1886a). Greene later

redefined the limits of Euclisia, formerly a subgenus of Streptanthus,

treating it as a genus in its own right (Greene 1904). S. niger, as a

member of the Euclisia group, was thus referred to as E. niger. Jepson

(1925) returned Euclisia to subsection status and later authors

followed his treatment. Munz treated S. niger as a subspecies of S.

glandulosus in A California Flora (1959), and then returned it to S.

niger in his supplement (1968), following Kruckeberg (1958).

Streptanthus niger is an annual herb of the mustard family

(Brassicaceae) that reaches 30 to 60 cm (1 to 2 ft) in height. The

lower leaves are toothed, the upper leaves less toothed or not at all.

The sepals are a very dark purple; the petals have a purple claw and a

white blade with a purple midvein. The zig-zag inflorescence pattern

and the lack of hairs distinguish S. niger from its near relative S.

glandulosus.

Streptanthus niger is found on shallow rocky serpentine soils on

southwest-facing slopes on the Tiburon Peninsula of Marin County. Two

populations are known from the southern end of the peninsula where they

occur within 3 km (2 miles) of one another. Populations number from 50

to 2,000 plants (Hunter 1989b, Andrew Allen, Belvedere-Tiburon

Landmarks Society, in litt., 1991). The plant is threatened by

residential development, foot traffic, and road construction.

Central Bay Species

The type specimen of Clarkia franciscana (Presidio clarkia) was

collected by Peter Raven in 1956. C. franciscana was described by

Harlan Lewis and Peter Raven (1958).

Clarkia franciscana is a slender, erect, herbaceous annual of the

evening-primrose family (Onagraceae), 40 cm (16 in) tall with few, very

small, and narrow leaves. The lavender-pink petals have a lighter basal

portion and a reddish-purple basal spot. The slender capsule is 2 to 4

cm (1 to 2 in) long. C. franciscana can be distinguished from C.

rubicunda, a related species that may occur in the same area, by its

petals that have irregular teeth on the apical margin. C. rubicunda has

petals that are rounded at the apex.

Clarkia franciscana is restricted to serpentine soils in grassland

communities in San Francisco and Alameda Counties. Two populations are

known from the Presidio in San Francisco. Three populations are known

[[Page 6674]] from the Oakland Hills in Alameda County, 27 km (17 mi)

east of San Francisco, all within 1.0 km (0.6 mi) of each other. A

fourth population in the Oakland Hills was reported in 1988 (California

Department of Fish and Game, Natural Diversity Data Base) but could not

be relocated during a search conducted in 1991 (David Bigham, East Bay

Chapter, California Native Plant Society, in litt., 1991). Population

sizes fluctuate greatly; the upper limit to the total numbers of plants

reported in recent years is approximately 8,000 plants. The first of

the Alameda County populations was discovered in 1980 at the Redwood

Regional Park. Because this discovery occurred so long after the

original discovery of the plant and because this population was

relatively far from the previously known population at the Presidio, it

was suggested that this population might not be a natural occurrence.

This suggestion gained credence because seed collected from the type

location in 1964 had been sown in the East Bay Regional Parks Tilden

Botanic Garden and plants had grown there for several years (Roof

1971). Seed collected from plants at the botanic garden had been sown

in several sites at the Presidio in 1972 (Roof 1972). It was thought

that seed might also have been sown at Redwood Regional Park in Alameda

County. However, an electrophoretic comparison of the San Francisco and

Alameda populations ``strongly suggests that the Oakland Hills

population did not originate by seed transfer from San Francisco and it

must be regarded as indigenous to its present locality'' (Gottlieb and

Edwards 1992). C. franciscana is threatened by potential development,

roadside maintenance, foot traffic, mowing, competition from alien

plants, and shade from native and introduced shrubs and trees.

Cirsium fontinale var. fontinale (fountain thistle) was first

described as Cnicus fontinalis (Greene 1886b). In 1892, Greene

reassigned the plant to the genus Carduus (Greene 1892). Willis Jepson,

in his Flora of Western Middle California (1901), put the taxon in the

genus Cirsium. In 1938, John Thomas Howell described a close relative

of the fountain thistle, Cirsium fontinale var. obispoense (Chorro

Creek bog thistle) (Howell 1938). According to the rules for botanical

nomenclature, when a new variety is described in a species not

previously divided into infraspecific taxa, a ``type'' variety is

automatically created. In this case, the type variety is C. fontinale

var. fontinale.

Cirsium fontinale var. fontinale is an herbaceous perennial of the

aster family (Asteraceae) with several stout, erect reddish stems 30 to

60 cm (1 to 2 ft) high. The basal leaves are 10 to 20 cm (4 to 8 in)

long with spine-tipped lobes; the leaves on the stems are smaller. The

flowers are dull white to pinkish, becoming brown with age. The egg-

shaped, recurved bracts beneath the flower head distinguish C.

fontinale var. fontinale from the most similar thistle in the area,

brownie thistle (C. quercetorum). The nearest relative of C. fontinale

var. fontinale is C. fontinale var. obispoense, found further south in

San Luis Obispo County.

Cirsium fontinale var. fontinale is restricted to perpetually moist

clay openings in riparian or serpentine chaparral. Historically, this

plant occurred in both San Mateo and Santa Clara Counties, but it is

now found in only three locations in San Mateo County. One population

of 1,000 to 2,800 plants occurs east of Crystal Springs Reservoir, on

both sides of Interstate 280. A second population of 100 to 200 plants

occurs 10 km (6 miles) to the south in the ``Triangle area,'' a

triangular piece of land west of Edgewood County Park that is bounded

by Interstate 280 to the east, Edgewood Road on the north, and Canada

Road on the west. A single plant was found in Edgewood County Park in

1987. In 1992, only one plant remained in this location (Susan Sommers,

Santa Clara Valley Chapter, California Native Plant Society, pers.

comm., 1992). The taxon is threatened by proposed recreational

development, competition with alien plant species, garbage dumping, and

roadside maintenance.

Eriophyllum latilobum (San Mateo woolly sunflower) was first

collected by Elmer in 1903. The type specimen was collected by A.A.

Heller in 1907. The plant was described by Per Axel Rydberg (1915). E.

latilobum is believed to have originated as a hybrid between E.

confertiflorum and E. lanatum var. arachnoideum (Munz 1959, John

Mooring, Santa Clara University, pers. comm., 1992).

Eriophyllum latilobum is a bushy perennial of the aster family

(Asteraceae) with leafy stems 30 to 40 cm (12 to 16 in) high. The upper

surfaces of the deeply three-cleft leaves are a smooth dark green and

the lower surfaces are covered with densely interwoven white hairs. The

golden flower heads are borne in loose clusters. E. latilobum differs

from E. confertiflorum in having eight ray flowers rather than five,

larger flower heads, and a more open inflorescence. E. lanatum var.

arachnoideum differs from the other two species in having 13 ray

flowers and shallowly cleft leaves.

Eriophyllum latilobum is found in shaded moist sites on steep

grassy or sparsely wooded slopes of serpentine-influenced soil. The

single remaining occurrence of E. latilobum consists of a few hundred

plants scattered along 4 km (2.5 miles) of Crystal Springs Road in San

Mateo County. These subpopulations are probably the fragments of a

once-continuous population. E. latilobum has also been reported from

southern San Mateo County, on Pescadero Road southwest of La Honda, but

this report is most likely erroneous. At least one of the specimens

collected at this site (in 1929) is actually E. confertiflorum (Barry

Prigge, University of California, Los Angeles herbarium, pers. comm.,

1992), and searches in recent years have found only E. confertiflorum

(Toni Corelli, Santa Clara Valley Chapter, California Native Plant

Society, pers. comm., 1992). The plant is threatened by erosion and

soil slippage, road maintenance, garbage dumping, and recreational

development.

Henry Nicholas Bolander collected the type specimen of Hesperolinon

congestum (Marin dwarf-flax) in 1863 in Marin County, while working on

the State Geological Survey. Asa Gray described the new species as

Linum congestum, including it in the section Hesperolinon that he

described in the same paper (Gray 1865). J.K. Small (1907) established

Hesperolinon as a distinct genus in 1907. Jepson (1925) treated

Hesperolinon as a section of the genus Linum and treated H. congestum

as a subspecies of L. californicum. Helen K. Sharsmith (1961) conducted

an extensive study of Hesperolinon and concluded that it definitely

warrants distinction as a separate genus. She also returned H.

congestum to the status of a species.

Hesperolinon congestum is an herbaceous annual of the flax family

(Linaceae) with slender, threadlike stems, 10 to 40 cm (4 to 16 in)

tall. The leaves are linear. The flowers are borne in congested

clusters; the pedicels are 0.2 to 2 mm (.01 to .08 in) long. The sepals

are hairy and the five petals are rose to whitish. The anthers are deep

pink to purple; this character helps distinguish H. congestum from H.

californicum, found in the same geographic area, which has white to

rose anthers, as well as hairless sepals. Two other species that are

found in the same region are H. micranthum and H. spergulinum. They

differ from H. congestum in having hairless sepals and a long, open

inflorescence, with pedicels 2 to 25 mm (.08 to 1 in) long.

Hesperolinon congestum is endemic to serpentine soils from Marin

County [[Page 6675]] south to San Mateo County, a range of 80 km (50

miles). Two populations are found in serpentine chaparral; the others

occur in serpentine bunchgrass habitat. Six populations are known from

Marin County, one from San Francisco County, and seven from San Mateo

County. Populations fluctuate in size from hundreds to thousands of

plants (Robison and Morey 1992a). The species is threatened with

residential and recreational development, foot traffic, and competition

with alien species.

Pentachaeta bellidiflora (white-rayed pentachaeta) was first

collected in 1853-54 near Corte Madera by John Milton Bigelow, surgeon

and botanist for a railway route exploration (Van Horn 1973). The plant

was described as P. bellidiflora (Greene 1885). Keck (1958) transferred

the entire genus to Chaetopappa. Van Horn (1973) studied Chaetopappa

and Pentachaeta and concluded that the two genera are not closely

related. Based on differences in floral and vegetative morphology and

chromosome number, Van Horn reinstated the genus Pentachaeta.

Pentachaeta bellidiflora is a small annual plant of the aster

family (Asteraceae) with one or a few branches that bear narrow, linear

leaves. Each flower head has numerous yellow disk florets and 5 to 16

white to purplish ray florets. The fruits are tawny, coarse-haired

achenes (dry one-seeded fruits). Related species in the San Francisco

Bay area (P. exilis ssp. exilis and P. alsinoides) differ from P.

bellidiflora in that they have no ray flowers.

Pentachaeta bellidiflora is known only from one location, in a

serpentine bunchgrass community in San Mateo County. Historically, P.

bellidiflora was known from at least nine sites in Marin, San Mateo,

and Santa Cruz Counties. The other populations have been destroyed by

urbanization, off-road vehicles, or highway construction over the past

50 years (Robison and Morey 1992b). As is common among annual plants,

the size of this population fluctuates dramatically from year to year.

Numbers have ranged from 10,000 to just under 100 million in the last

10 years, with about 1.5 million plants growing in each of the last 2

years (Zoe Chandik, Santa Clara Valley Chapter, California Native Plant

Society, pers. comm., 1992). The species is threatened by recreational

development.

South Bay Species

Ceanothus ferrisae (coyote ceanothus) was collected in 1917 by

LeRoy Abrams, professor of botany at Stanford University, on Madrone

Springs Road above Coyote Creek, in Santa Clara County. The species was

described in 1933 by Howard E. McMinn (McMinn 1933), professor of

botany at Mills College and author of An Illustrated Manual of

California Shrubs.

Ceanothus ferrisae is an erect evergreen shrub of the buckthorn

family (Rhamnaceae) that grows 1 to 2 m (3 to 6 ft) high, with long

stiff divergent branches. Its round leaves are dark green and hairless

on the upper surface and lighter green with minute hairs below. The

leaf margins have short teeth or sometimes no teeth at all; the leaf

base is abruptly tapering or rounded. The small white flowers are borne

in clusters 1.3 to 2.5 cm (0.5 to 1 in) long. The seed capsules are 7

to 9 mm (.3 to .35 in) in width and have three conspicuous apical

horns. The related C. cuneatus has entire leaves with wedge-shaped (not

rounded) bases and seed capsules only 5 to 6 mm (0.2 in) wide.

Ceanothus ferrisae grows on dry slopes in serpentine chaparral. It

is known from only three locations, all within 6 km (4 miles) of each

other, in Santa Clara County. Fewer than 6,000 plants are known to

exist. It was thought at one time to occur in both San Mateo and Santa

Cruz Counties as well, but these reports have been found to be

erroneous (Corelli 1991). The existing populations are threatened by

residential and recreational development, unauthorized dumping, and

lack of natural recruitment.

The type specimen of Dudleya setchellii (Santa Clara Valley

dudleya) was collected by Willis L. Jepson in 1896 on Tulare Hill in

Santa Clara County. He described it as Cotyledon laxa var. setchellii

(Jepson 1901). At the same time, he described Cotyledon caespitosa var.

paniculata, which he had collected from Morrison Canyon near what is

now Fremont. Britton and Rose (1903) elevated both taxa to full species

and transferred them to the newly-created genus Dudleya. Subsequently,

Dudleya setchellii was variously treated as Cotyledon setchellii (Fedde

1904), Echeveria setchellii (Nelson and Macbride 1913), and E. laxa

var. setchellii (Jepson 1936). Reid Moran (1959) combined the material

referred to as D. setchellii and D. paniculata in D. cymosa ssp.

setchellii. Kei Nakai (1987) separated the two entities into D. cymosa

ssp. paniculata and D. cymosa ssp. setchellii on the basis of leaf

shape, inflorescence branching patterns, and pedicel length. According

to Jim Bartel (U.S. Fish and Wildlife Service, pers. comm., 1992), D.

setchellii should not be placed within D. cymosa and is, in fact,

intermediate to D. cymosa and D. abramsii. His treatment of Dudleya

retains Nakai's D. cymosa ssp. paniculata and resurrects Britton and

Rose's D. setchellii for the Santa Clara Valley dudleya (Bartel 1993).

Dudleya setchellii is a low-growing perennial of the stonecrop

family (Crassulaceae) with fleshy, glabrous leaves. The oblong to

triangular, slightly glaucous leaves are 3 to 8 cm (1 to 3 in) long and

7 to 15 mm (0.3 to 0.6 in) wide. Two or three flowering stems ascend to

heights of 5 to 20 cm (2 to 8 in) in mid to late spring. The pale

yellow petals are 8 to 13 mm (0.3 to 0.5 in) long. There are two

related species in the area. D. cymosa ssp. cymosa has bright yellow to

red petals rather than pale yellow and is, therefore, easily

distinguished from D. setchellii with its pale yellow flowers. D.

cymosa ssp. paniculata can be distinguished from D. setchellii by its

oblong to oblanceolate leaves (in contrast to the oblong-triangular

leaves of D. setchellii), its greater degree of rebranching of the

inflorescence branches, and its longer pedicels.

Dudleya setchellii is restricted to rocky outcrops within

serpentine grasslands in Santa Clara County. It is found only in the

Coyote Valley area, from San Jose south about 30 km (20 miles) to San

Martin, at elevations of 100 to 300 m (300 to 900 ft). D. cymosa ssp.

paniculata ranges from Contra Costa County to Fresno and Monterey

Counties; the reports of Moran's combination D. cymosa ssp. setchellii

from Alameda, Contra Costa, and San Benito Counties (Munz 1959, Olson

and Lake 1991) reflect the distribution of D. cymosa ssp. paniculata

and do not refer to D. setchellii, as now recognized. Fourteen sites

and a total of approximately 33,000 plants are known to exist. The

plant is threatened by development, unauthorized dumping, and off-road

vehicles.

Streptanthus albidus ssp. albidus (Metcalf Canyon jewelflower) was

first collected in 1887 by Volney Rattan, a botany teacher and author

of an early California flora, from hillsides a few miles south of San

Jose. Edward Greene described S. albidus ssp. albidus in 1887 (Greene

1887); later he redefined the limits of Euclisia, formerly a subgenus

of Streptanthus, treating it as a genus in its own right (Greene 1904).

S. albidus ssp. albidus, as a member of the Euclisia group, was

included in this change. Jepson (1925) returned Euclisia to subsection

status, and later authors followed his treatment. Jepson (1925) also

treated S. albidus ssp. albidus as a subspecies of S. glandulosus.

Kruckeberg published a revision of the Streptanthus glandulosus complex

in which he recognized the close relationships among S. glandulosus, S.

[[Page 6676]] albidus, and S. niger (Kruckeberg 1958). In this paper,

he notes that the ``sharp genetic discontinuity between S. albidus and

all other populations, coupled with the morphological distinctness and

regional restriction of S. albidus, warrant the restoration of this

Greeneian species.'' He recognized two subspecies: S. albidus ssp.

albidus and S. albidus ssp. peramoenus (Kruckeberg 1958).

Streptanthus albidus ssp. albidus is an annual herb of the mustard

family (Brassicaceae) that reaches up to 1 m (3 ft) in height. It has

bristly hairs at the base and pale green, strongly glaucous stem and

leaves. The flowers are borne in leafless terminal racemes. The upper

three of the white to yellow to whitish-green sepals are fused with the

lower (fourth) sepal free and spreading. The four petals, 8 to 11 mm

(.3 to .4 in) long, are whitish with light purple veins. The erect

flattened pods are 3 to 8 cm (1 to 3 in) long. The only Streptanthus

species likely to co-occur with S. albidus ssp. albidus is its close

relative Streptanthus albidus ssp. peramoenus. S. albidus ssp.

peramoenus is distinguished by its dark purple sepals.

Streptanthus albidus ssp. albidus always has been rare. It is

endemic to serpentine outcrops with little soil development. It can be

locally abundant but its range is limited, extending less than 30 km

(20 miles) from San Jose south to Anderson Lake, which lies northeast

of Morgan Hill. Furthermore, the serpentine outcrops on which S.

albidus ssp. albidus occurs are patchily distributed and comprise only

a small percentage of the area within its range. Nine populations and a

total of 20,000 to 25,000 plants have been recorded (McCarten 1992b).

The plant is threatened by urbanization and off-road vehicles.

Previous Federal Action

Federal government actions on the 12 plants began as a result of

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

which directed the Secretary of the Smithsonian Institution to prepare

a report on those plants considered to be endangered, threatened, or

extinct in the United States. This report, designated as House Document

No. 94-51, was presented to Congress on January 9, 1975, and included

Cordylanthus tenuis ssp. capillaris (listed as Cordylanthus brunneus

ssp. capillaris), Calochortus tiburonensis, Ceanothus ferrisae, Cirsium

fontinale var. fontinale, Clarkia franciscana, Hesperolinon congestum,

Streptanthus albidus ssp. albidus, and Streptanthus niger as endangered

species and Castilleja neglecta (now known as Castilleja affinis ssp.

neglecta) and Eriophyllum latilobum as threatened taxa. The Service

published a notice in the July 1, 1975, Federal Register (40 FR 27823)

of its acceptance of the report of the Smithsonian Institution as a

petition within the context of section 4(c)(2) (petition provisions are

now found in section 4(b)(3) of the Act) and its intention thereby to

review the status of the plant taxa named therein. The above 10 taxa

were included in the July 1, 1975, notice. As a result of that review,

on June 16, 1976, the Service published a proposal in the Federal

Register (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, Federal

Register publication. Calochortus tiburonensis, Ceanothus ferrisae,

Cirsium fontinale var. fontinale, Clarkia franciscana, Cordylanthus

tenuis ssp. capillaris (listed as Cordylanthus brunneus ssp.

capillaris), Hesperolinon congestum, Streptanthus albidus ssp. albidus,

and Streptanthus niger were included in the June 16, 1976, Federal

Register document.

General comments received in response to the 1976 proposal were

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

17909). The Endangered Species Act Amendments of 1978 required that all

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

given to those proposals already more than 2 years old. In the December

10, 1979, Federal Register (44 FR 70796), the Service published a

notice of withdrawal of the June 16, 1976, proposal, along with four

other proposals that had expired.

The Service published an updated notice of review for plants on

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

tiburonensis, Castilleja neglecta, Ceanothus ferrisae, Cirsium

fontinale var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp.

capillaris, Hesperolinon congestum, Pentachaeta bellidiflora,

Streptanthus albidus ssp. albidus, and Streptanthus niger as category-1

candidates for Federal listing and Eriophyllum latilobum as a category-

2 candidate. Category-1 taxa are those for which the Service has on

file substantial information on biological vulnerability and threats to

support preparation of listing proposals. Category-2 taxa are those for

which data in the Service's possession indicate listing is possibly

appropriate, but for which substantial data on biological vulnerability

and threats are not currently known or on file to support proposed

rules. On November 28, 1983, the Service published in the Federal

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

supplement changed Ceanothus ferrisae, Cirsium fontinale var.

fontinale, Pentachaeta bellidiflora, and Streptanthus albidus ssp.

albidus from category-1 to category-2 candidates.

The plant notice was again revised on September 27, 1985 (50 FR

39526). Calochortus tiburonensis, Castilleja neglecta, Clarkia

franciscana, Eriophyllum latilobum, Hesperolinon congestum, and

Streptanthus niger were included as category-1 candidates; Ceanothus

ferrisae, Cirsium fontinale var. fontinale, Cordylanthus tenuis ssp.

capillaris, Pentachaeta bellidiflora, and Streptanthus albidus ssp.

albidus were included as category-2 candidates. Another revision of the

plant notice was published on February 21, 1990 (55 FR 6184). In this

revision, Castilleja neglecta, Ceanothus ferrisae, Cirsium fontinale

var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp.

capillaris, Dudleya setchellii, Eriophyllum latilobum, Hesperolinon

congestum, Streptanthus albidus ssp. albidus, and Streptanthus niger

were included as category-1 candidates; Calochortus tiburonensis and

Pentachaeta bellidiflora were included as category-2 candidates. Since

the publication of that notice, additional information was received on

Pentachaeta bellidiflora that elevated it to category-1 status. The

Service also re-evaluated the information available for Calochortus

tiburonensis and elevated it to category 1-status. The Service,

therefore, determines that sufficient information is now available to

support the listing of these two species.

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

certain findings on pending petitions within 12 months of their

receipt. Section 2(b)(1) further requires that all petitions pending on

October 13, 1982, be treated as having been newly submitted on that

date. That was the case for Calochortus tiburonensis, Ceanothus

ferrisae, Cirsium fontinale var. fontinale, Clarkia franciscana,

Cordylanthus tenuis ssp. capillaris, Hesperolinon congestum,

Streptanthus albidus ssp. albidus, Streptanthus niger, Castilleja

neglecta, and Eriophyllum latilobum, because the 1975 Smithsonian

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

Service found that the petitioned listing of these species was

warranted, but precluded by other [[Page 6677]] pending listing

actions, in accordance with section 4(b)(3)(B)(iii) of the Act;

notification of this finding was published on January 20, 1984 (49 FR

2485). Such a finding requires the petition to be recycled, pursuant to

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

of 1984 through 1991. There are no pending petitions for Pentachaeta

bellidiflora or Dudleya setchellii.

A proposed rule to list Castilleja neglecta, Ceanothus ferrisae,

Cirsium fontinale var. fontinale, Clarkia franciscana, Cordylanthus

tenuis ssp. capillaris, Dudleya setchellii, Eriophyllum latilobum,

Pentachaeta bellidiflora, Streptanthus albidus ssp. albidus, and

Streptanthus niger as endangered and Calochortus tiburonensis and

Hesperolinon congestum as threatened was published in the Federal

Register on December 14, 1992 (57 FR 59053). This proposal was based

primarily on information supplied by reports from the Natural Diversity

Data Base and observations by botanists.

Summary of Comments and Recommendations

In the December 14, 1992, proposed rule and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. The public comment period ended on February 12, 1993.

Appropriate State agencies, county and city governments, Federal

agencies, scientific organizations, and other interested parties were

contacted and requested to comment. Newspaper notices were published in

The Napa Register on January 5, 1993, The Oakland Tribune, January 2,

1993, San Jose Mercury News, January 3, 1993, San Francisco Chronicle,

December 31, 1992, and Santa Rosa Press Democrat, no date recorded,

which invited general public comment. No public hearing was requested

or held.

Fifteen written comments were received from 14 individuals. Among

the 11 commenters supporting the listing were The California Native

Plant Society, Sierra Club, and Missouri Botanic Garden. Three comments

were neutral. One commenter opposed the listing of one species. Several

commenters provided detailed information on the location and size of

newly recorded populations and the condition of previously recorded

populations. This data has been incorporated into this rule. The

opposing comment and other comments questioning the rule have been

organized into specific issues. These issues and the Service's response

to each are summarized as follows:

Issue 1. One commenter stated that the serpentine soils in the

Santa Clara Valley between the City of San Jose and Anderson Lake have

not been adequately surveyed for Dudleya setchellii; therefore, the

current level of knowledge does not warrant listing of this species as

endangered.

Service Response: The Santa Clara Valley is the only known habitat

for this edaphically restricted species, first collected on Tulare Hill

in 1896. Many surveys have been done in this area, particularly in

recent years (Entomological Consulting Services 1990; City of San Jose

1991; City of San Jose 1992; CH2M Hill 1992; City of San Jose

1993). The Service uses the best information available at the time of

listing to make the determination of endangered status. Current

information indicates that the majority of known populations are

located on private land and are threatened imminently with

urbanization. Three proposed projects, which include residential

development, a school, a church, roads, and a golf course, in the Santa

Clara Valley are planned to be built on sites containing populations of

Dudleya setchellii. Although more populations of this species may be

discovered, the amount of remaining suitable habitat is limited and

close to rapidly expanding urban areas. Santa Clara County, which

contains the Santa Clara Valley from San Jose south to Anderson Lake,

grew by 1.5 percent from 1991 to 1992 and is predicted to grow by 12.0

percent by year 2000 (Calif. Dept. of Finance 1992). Any newly found

sites, therefore, likely will be subject to the same threats as known

populations. In support of the contention that unrecorded populations

of D. setchellii exist in the Valley, the commenter included a list of

11 new populations that he had submitted for addition to the CNPS rare

plant inventory. Only two of these sites have been accepted by CNPS as

new populations (R. Bittmann, pers. comm., 1993). In addition, the

largest of the sites noted by the commenter is an extension of a

previously known population and is threatened by the proposed Cerro

Plata Residential and Golf Course Project (CNDDB 1993, City of San Jose

1993).

Issue 2. The Director of Public Works, County of San Mateo, voiced

a concern that the responsibility of maintaining roads for the well

being and safety of citizens may be in conflict with the Act when road

crews remove soil and debris containing plants and seeds of Eriophyllum

latilobum.

Service Response: Acts prohibited under section 9(a)(2)(B) of the

Act are described in detail in Available Conservation Measures. The

Service is concerned over the loss of this species during regular road

maintenance and continuing soil slippage that results in plant loss;

however, removal from roadways of debris containing E. latilobum plants

or seeds that has fallen by natural causes into the roadway is not a

violation of the Act.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Castilleja affinis (Hook and

Arn.) ssp. neglecta (Zeile) Chuang and Heck. (Tiburon paintbrush),

Ceanothus ferrisae McMinn (coyote ceanothus), Cirsium fontinale Jeps.

var. fontinale (fountain thistle), Clarkia franciscana Lewis and Raven

(Presidio clarkia), Cordylanthus tenuis Gray ssp. capillaris (Penn.)

Chuang and Heck. (Pennell's bird's-beak), Dudleya setchellii (Santa

Clara Valley dudleya), Eriophyllum latilobum Rydb. (San Mateo woolly

sunflower), Pentachaeta bellidiflora Greene (white-rayed pentachaeta),

Streptanthus albidus Greene ssp. albidus (Metcalf Canyon jewelflower),

and Streptanthus niger Greene (Tiburon jewelflower) should be

classified as endangered species and that Calochortus tiburonensis Hill

(Tiburon mariposa lily) and Hesperolinon congestum (A. Gray) Small

(Marin dwarf-flax), should be classified as threatened species.

Procedures found at section 4 of the Endangered Species Act (16 U.S.C.

1531 et seq.) and regulations (50 CFR part 424) promulgated to

implement the listing provisions of the Act were followed. A species

may be determined to be endangered or threatened due to one or more of

the five factors described in section 4(a)(1). These factors and their

application to Calochortus tiburonensis Hill (Tiburon mariposa lily),

Castilleja affinis (Hook and Arn.) ssp. neglecta (Zeile) Chuang and

Heck. (Tiburon paintbrush), Ceanothus ferrisae McMinn (coyote

ceanothus), Cirsium fontinale Jeps. var. fontinale (fountain thistle),

Clarkia franciscana Lewis and Raven (Presidio clarkia), Cordylanthus

tenuis Gray ssp. capillaris (Penn.) Chuang and Heck. (Pennell's bird's-

beak), Dudleya setchellii (Santa Clara Valley dudleya), Eriophyllum

latilobum Rydb. (San Mateo woolly sunflower), Hesperolinon congestum

(A. Gray) Small (Marin dwarf-flax), Pentachaeta bellidiflora Greene

(white-rayed pentachaeta), Streptanthus albidus Greene ssp.

[[Page 6678]] albidus (Metcalf Canyon jewelflower), and Streptanthus

niger Greene (Tiburon jewelflower) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. The destruction of habitat through

residential or recreational development is the greatest threat faced by

these species. All 12 plants are limited to serpentine soils.

Serpentine outcrops in the San Francisco Bay area are limited; 20

percent of those outcrops have already been eliminated as plant habitat

due to development (McCarten 1987b). The pressure to build more houses,

roads, and other facilities for humans is great in all the counties

under consideration. In the 3 counties in which 10 of the species are

found (Marin, San Mateo and Santa Clara), estimated percent population

growth by year 2000 is 2.8, 6.4, and 12.0 percent, respectively (Calif.

Dept. of Finance 1992). Sonoma County, which contains one of the

species, is expected to grow by 21.4 percent by year 2000 (Calif. Dept.

of Finance 1992). Serpentine habitats also have been fragmented by the

construction of roads such as Interstate 280. Habitat fragmentation

increases the risks of extinction due to chance events such as fire,

flood, landslide, pest or disease outbreaks, severe drought, or other

natural or human-caused disaster.

Cordylanthus tenuis ssp. capillaris has never been known from more

than the two populations that occur today. Ownership of the type

locality is mixed; part of the population occurs on the Harrison Grade

Preserve, which is owned and managed by the California Department of

Fish and Game. Habitat on the preserve is threatened by unauthorized

activities such as off-road vehicle use. Plants on private parcels are

threatened with potential development. The second population of

Cordylanthus tenuis ssp. capillaris occurs on private property a few

miles to the west of the type locality. Plans for residential

development of this site have been reviewed by the Sonoma County

Planning Department (Sigrid Swedenborg, Sonoma County Planning Office,

pers. comm., 1993). The owner of this property has been working with

the California Department of Fish and Game to minimize impacts to C.

tenuis ssp. capillaris (Ann Howald, California Department of Fish and

Game, pers. comm., 1992). Plans include the donation of 87 hectares

(ha) (212 acres), including C. tenuis ssp. capillaris habitat, to the

county for use as a park (S. Swedenborg, pers. comm., 1993). The county

is considering restricting the park to passive recreation only;

however, no final policy has yet been determined (Betty Guggolz, pers.

comm., 1993). This donation may afford protection to part of the second

population of C. tenuis ssp. capillaris, but since the transfer has not

yet taken place and final plans have not been made concerning

protection of the plant, the population still should be considered

threatened by development.

Calochortus tiburonensis is, at present, protected from development

and fenced to reduce the incidence of off-road vehicle use because the

land on which it occurs is owned and managed by The Nature Conservancy

(TNC), a group whose management goals are the maintenance of

biodiversity and the protection of rare and endangered species (Larry

Serpa, pers. comm., 1992). The preserve is still accessible to

bicycles, motorbikes, and pedestrians, however, and it is not

patrolled. The proximity of the preserve to residential areas renders

it vulnerable to overuse and vandalism. Because TNC cannot completely

control access to the site or activities on the site, listing is

needed. Furthermore, this preserve, being on The Nature Conservancy's

list of potential divestitures, will transfer ownership when a suitable

organization is found to manage it (Larry Serpa, pers. comm., 1992).

Castilleja affinis ssp. neglecta has never been widespread. Three

of the six populations occur on the Tiburon Peninsula in Marin County,

one occurs in Napa County, and one in Santa Clara County. Two recently

discovered populations, one on the Golden Gate National Recreation Area

and one east of Anderson Lake, extend the known range to western Marin

and Santa Clara Counties, respectively. Each of the three occurrences

on the Tiburon Peninsula has multiple landowners. The Nature

Conservancy owns over half of the Ring Mountain occurrence and the town

of Tiburon owns portions of the occurrence in the Middle Ridge area of

the peninsula. The remainder of each of these occurrences is privately-

owned. The third occurrence on the peninsula is on private property

near St. Hilary's Church in Tiburon. Development on the Tiburon

Peninsula is extensive and rapid; over 60 percent of C. affinis ssp.

neglecta habitat has already been destroyed by development (Hunter

1989a). Residential development is ongoing on several parcels of the

Middle Ridge occurrence and proposed for both parcels of the St.

Hilary's occurrence (Andrew Allen, pers. comm., 1993). The habitat at

both of these sites also is threatened by pedestrian traffic. The

plants on Ring Mountain Preserve are protected from development but are

threatened by sliding of the slope on which they occur. The toe of the

slope was removed to accommodate residential development in the 1960s.

Soil material that slides into the street at the base of the slope is

removed by the City of Corte Madera, and the slope continues to slump.

Managers from The Nature Conservancy estimate that approximately one-

third of the population is at risk (Lynn Lozier, The Nature

Conservancy, pers. comm., 1992). The Napa County population occurs on

private property near a gravel quarry. Although quarry expansion plans

that would result in the destruction of more than 80 percent of the

population are no longer actively being pursued, the potential for

expansion still exists. The Santa Clara population consists of 13

plants that may be subject to grazing (R. Bittmann, pers. comm., 1993).

Streptanthus niger is an extremely narrowly-distributed species;

its entire range amounts to less than one-third of a square mile. Urban

development has destroyed over 40 percent of potential S. niger habitat

(Hunter 1989b). Both of the two known occurrences have multiple

landowners. The town of Tiburon owns portions of the occurrence on the

Middle Ridge of the peninsula, and the occurrence at St. Hilary's

Church in Tiburon is owned in part by the Tiburon Landmark Society. The

remainder of each of these two occurrences is privately-owned and

proposed for development. An area containing 20 plants adjacent to one

of the parcels recently was bulldozed for construction of condominiums

(Andrew Allen, pers. comm., 1993). Residential development is ongoing

at several parcels of the Middle Ridge occurrence (Eva Buxton,

Belvedere-Tiburon Landmark Society, pers. comm., 1993, Andrew Allen,

pers. comm., 1993).

Clarkia franciscana was once thought to be restricted to the

Presidio in San Francisco County but about 10 years ago, a population

was discovered in Alameda County in the Oakland Hills. The two

populations in San Francisco County occur at the Presidio, currently

owned by the National Park Service. These populations are threatened by

habitat degradation. Pedestrian and mountain bicycle traffic on and

near casually established ``social trails'' threatens the habitat.

The three populations of Clarkia franciscana in Alameda County are

all threatened by alien species (see Factor E). The smallest of the

three, consisting of 30 plants (Olson 1991c), occurs on an undeveloped

site adjacent to a proposed 32-unit residential development (Nixon

[[Page 6679]] Lamb, Oakland Planning Dept., pers. comm., 1993).

One occurrence of Cirsium fontinale var. fontinale has been

reported from Santa Clara County, but the site is thought to have been

destroyed by urbanization (Niehaus 1977). The three remaining

populations grow in San Mateo County. The largest population occurs to

the east of Crystal Springs Reservoir and north of State Highway 92,

along both sides of Interstate 280. It occurs partly on San Francisco

Water Department land and partly on a California Department of

Transportation right-of-way. Given its proximity to the roadside, it is

likely to be affected by any highway projects in the area. Major

realignments of Highway 92 were planned several years ago but the plans

have been abandoned due to lack of funding (Richard Vonarb, California

Department of Transportation, pers. comm., 1992). They could be

revived, however, if funding becomes available. At present, a smaller

project to widen Highway 92 east of the reservoir causeway is under

review. Provision for the removal of water from the increased road

surface may adversely affect some of the plants. The California

Department of Transportation is aware of the plant locations and

vulnerability. The proposed construction of multi-use recreational

trails on San Francisco Water Department land presents an additional

threat. Trail construction would threaten the plants through direct

destruction of the habitat or through modification of hydrologic

regimes. Because C. fontinale var fontinale is dependent upon seeps and

springs to provide abundant soil moisture, any disruption in the flow

of water (such as that caused by road, trail, or drain construction)

would threaten the plants.

A second and substantially smaller population of Cirsium fontinale

var. fontinale occurs in the ``Triangle'' west of Interstate 280. One

to two hundred plants have been observed on San Francisco Water

Department lands; an outlying colony of about 25 plants occurs on an

easement held by the California Department of Transportation. This

colony occupied a smaller territory in 1992 than it had in previous

years (Susan Sommers, pers. comm., 1992). The plants on Water

Department land are threatened by proposed trail construction, as

discussed for Hesperolinon congestum. In addition, a general management

plan for the Water Department lands currently is being developed (Ed

Stewart, San Francisco Water Department, pers. comm., 1992).

The single specimen of Cirsium fontinale var. fontinale in Edgewood

County Park occurs in a drainage ditch beside a trail. Clearing of the

ditch to improve or maintain drainage could damage or destroy this

plant or any seedlings it may produce.

Eriophyllum latilobum has been reported from only two locations,

one of which is likely erroneous (specimen misidentified, according to

Barry Prigge, pers. comm., 1992). The single remaining population

consists of about 300 plants that occur along 4 km (2.5 miles) of

Crystal Springs Road in San Mateo County. Seventy-five percent of the

plants occur within 9 m (30 ft) of the road, where land ownership is

poorly defined (McGuire and Morey 1992). The City of Hillsborough, the

County of San Mateo, and the San Francisco Water Department have

varying jurisdictions over the land. The steep slopes along Crystal

Springs Road provide a very unstable habitat for E. latilobum. The

slopes are subject to erosion and soil slippage. After soil slippage

occurs, road maintenance crews remove the slumped soil, which may

contain mature individuals, seedlings, and/or seeds of E. latilobum.

The road cut is then reshaped, which may damage plants remaining on the

banks. The proposed construction of the San Mateo Creek Trail (McGuire

and Morey 1992) would have adverse impacts on the plant if trail design

does not incorporate plant conservation. The paved trail, which is 3 m

(10 ft) wide, is expected to run adjacent to Crystal Springs Road from

Skyline Boulevard to the San Mateo City boundary. Construction of the

trail could damage or eliminate colonies of E. latilobum, alter site

hydrology, accelerate soil erosion through increased pedestrian and

bicycle traffic, and allow for the introduction of aggressive alien

plant species.

Fourteen populations of Hesperolinon congestum exist. One Marin

County population is protected at The Nature Conservancy's Ring

Mountain Preserve. Two relatively small populations occur on land owned

by the Marin Municipal Water District. Another small population is

found in the Golden Gate National Recreation Area above Nicasio

Reservoir. A fifth population occurs, in part, on a small preserve at

St. Hilary's Church and, in part, on private land which recently has

been proposed for development (Robison and Morey 1992a). The sixth

Marin County site is the Middle Ridge area of the Tiburon Peninsula, on

which occur a few scattered groups of plants. Some plants grow on land

designated as open space by the city of Tiburon. The remainder of the

plants occur on private land and are threatened by ongoing or proposed

residential development.

One population of Hesperolinon congestum is known from San

Francisco County. Footpaths through the population threaten the plants

with trampling (Robison and Morey 1992a).

In San Mateo County, three populations of Hesperolinon congestum

are known to occur on private property. These plants are threatened by

proposed development and by the consequences of recently completed

development, such as trampling, trash dumping, and changes in hydrology

caused by irrigation runoff (Robison and Morey 1992a). Two populations

occur on land owned by the San Francisco Water Department. Their

habitat is threatened by the proposed construction of trails in the

watershed. The construction of these trails and the accompanying fences

may damage Hesperolinon congestum habitat.

Pentachaeta bellidiflora historically ranged from Marin County to

Santa Cruz County. Three populations in Marin County and two in San

Mateo County were destroyed by urbanization. One Marin County

occurrence was destroyed by off-road vehicles. Two sites in Santa Cruz

County no longer support P. bellidiflora (Robison and Morey 1992b). The

single remaining population of P. bellidiflora was bisected by the

construction of California Interstate 280 in the late 1960s. The

largest portion of the population occurs in the Triangle, on land

administered by the San Francisco Water Department. A small remnant of

this population is located to the east of Interstate 280, on Edgewood

County Park. The proposed construction of trails on Water Department

land threaten the P. bellidiflora habitat (Robison and Morey 1992b).

Ceanothus ferrisae is known from three populations in Santa Clara

County. The largest population, consisting of approximately 5,000

plants, occurs near Anderson Dam, partially on Santa Clara County Park

property and partially on private property. The county proposes further

recreational development in the park, which threatens Ceanothus

ferrisae (Chris Nagano, U.S. Fish and Wildlife Service, pers. comm.,

1992). An outlying population occurs 3.2 km (2 miles) west on land

leased and managed by a waste management firm. Waste Management, Inc.

and The Nature Conservancy jointly funded research on C. ferrisae; a

three-year monitoring program at the Waste Management site has shown no

evidence of natural recruitment. A fire killed 95 percent of the plants

in this population in 1992. No seed production or seedlings have been

observed since that time (Kathy Freas, CH2M Hill, in litt., 1993).

[[Page 6680]] Researchers have found that C. ferrisae is relatively

easy to propagate from seed, and both Waste Management and the Santa

Clara Valley Water District have been experimenting with the use of C.

ferrisae for revegetation projects. The third population, consisting of

approximately 500 plants (Corelli 1989) occurs on private land

scheduled for development.

Dudleya setchellii always has been restricted to the Coyote Valley

area of Santa Clara County. Eleven of the 14 populations are on private

land and are subject to various levels of threat due to development.

The three northernmost populations, which occur in southeastern San

Jose, and the three southernmost populations, which occur in the area

around Morgan Hill, approximately 27 km (17 miles) southeast of San

Jose, are at greatest risk. One of the northern populations is

threatened with the proposed Cerro Plata Project, consisting of 550

dwelling units and a 67 ha (164 ac) golf course on a 236 ha (575 ac)

site. This population contains approximately 20,000 plants, 61 percent

of all known plants, of which approximately 2,380 would be directly

eliminated by planned construction activities (City of San Jose 1993).

All remaining plants would be exposed to human activities during and

after construction that would result in significant impacts to the

population. These impacts include potentially harmful runoff from an

upslope golf course, introduction of weedy species during construction,

and uncontrolled foot traffic. Another of the northern sites is

threatened by the proposed construction of the Valley Christian School

and South Valley Christian Church. This construction would eliminate 74

percent of the approximately 1,900 D. setchellii plants found on the

site (City of San Jose 1992). The other four sites also are developing

rapidly and have been proposed for development at one time or another.

Two of the central populations also are threatened with imminent

development including residential development and road construction.

One central population, due to its proximity to an off-road motorcycle

park, may be threatened by off-road motorcycle traffic and unauthorized

dumping. The remaining two populations that occur on private land are

on the grounds of the IBM Bailey Avenue laboratory. The company

apparently plans to preserve the habitat (McCarten 1992a). Three

populations occur on land owned by Santa Clara County. Of these, two

populations occur in county parks.

The known historical distribution of Streptanthus albidus ssp.

albidus is as restricted as its current distribution. It is found only

in the Coyote Valley area of Santa Clara Valley, primarily on the east

side of the valley. Of the 13 documented sites, 9 are known to still

harbor plants. Two populations are known to have been extirpated, one

by the construction of Anderson Dam, and the other as a result of being

covered by fill from a housing development. Two occurrences are known

from herbarium records only. One of these historical sites was

revisited in 1990, but no plants were found. Streptanthus albidus ssp.

albidus was last observed at the other historical site in 1895. One

population consisting of approximately 9,000 plants, approximately 45

percent of all known plants, occurs on the proposed site of the Cerro

Plata residential and golf course project (City of San Jose 1993).

Although no direct destruction of any plants is planned, construction

activities, human disturbance, and habitat fragmentation would result

in significant impacts to the population. The proposed construction of

the Valley Christian School and South Valley Christian Church would

destroy 61 percent of the 2,700 plants occurring on the site (City of

San Jose 1992). The remaining seven populations also are threatened by

impending or potential development.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not currently known to be a

factor for any of the 12 plants, but unrestricted collecting for

scientific or horticultural purposes or excessive visits by individuals

interested in seeing rare plants could result from increased publicity

as a result of this final rule. Calochortus tiburonensis is a

strikingly unusual member of a much-collected genus. Eriophyllum

latilobum, with its showy golden flowers and proximity to roads and the

proposed San Mateo Creek trail, might prove to be especially tempting

to collectors. Dudleya setchellii also is vulnerable because of the

horticultural appeal of succulents and the slow growth of the plants.

The remaining plants are usually not spectacular in flower, but may

nonetheless appeal to collectors because of their rarity.

C. Disease or predation. Both horses and deer have been reported to

browse on Cordylanthus tenuis ssp. capillaris but the number of plants

damaged generally appears to be minimal (Lynn Lozier, pers. comm.,

1992). Cattle grazing has been reported to threaten the western Marin

population of Castilleja affinis ssp. neglecta (Martin 1991) and a

portion of the American Canyon occurrence (Hunter 1989a). Another

source suggests, however, that cattle provide little threat to the

American Canyon population because the plants occur on a very steep

slope (Jake Ruygt, Napa Valley Chapter, California Native Plant

Society, pers. comm., 1992). Grazing threatens one population of

Streptanthus albidus ssp. albidus in southeast San Jose and three

populations in the Metcalf Canyon/south Coyote area (McCarten 1992b).

Seed predation by beetle larvae has been reported for Cirsium

fontinale var. fontinale (Dean Kelch, University of California, Davis,

pers. comm., 1992), however, the impact of this seed predation on C.

fontinale var. fontinale is unknown. Beetle larvae also have been

observed in seed heads of Eriophyllum latilobum, however, the extent of

predation is unknown (McGuire and Morey 1992).

D. The inadequacy of existing regulatory mechanisms. Under the

Native Plant Protection Act (Division 2, Chapter 10, section 1900 et

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

(Division 3, Chapter 1.5, section 2050 et seq.), the California Fish

and Game Commission has listed three of these species (Cirsium

fontinale var. fontinale, Clarkia franciscana, and Streptanthus niger)

as endangered, two species (Calochortus tiburonensis and Castilleja

affinis ssp. neglecta) as threatened, and one species (Cordylanthus

tenuis ssp. capillaris) as rare. The California Fish and Game

Commission recently voted to list two other species (Eriophyllum

latilobum and Pentachaeta bellidiflora) as endangered, and one species

(Hesperolinon congestum) as threatened. Although both statutes prohibit

the ``take'' of State-listed plants (Chapter 1.5 section 2080 and

Chapter 10 section 1908), State law appears to exempt the taking of

such plants via habitat modification or land use change by the

landowner. After the California Department of Fish and Game notifies a

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

law requires only that the landowner notify the agency ``at least ten

days in advance of changing the land use to allow salvage of such

plant.'' (Chapter 10 section 1913).

The California Environmental Quality Act (CEQA) requires a full

public disclosure of the potential environmental impacts of proposed

projects. The public agency with primary authority or jurisdiction over

the project is designated as the lead agency and is responsible for

conducting a review of the project and consulting with other agencies

concerned with resources affected by [[Page 6681]] 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.'' Species that are eligible

for listing as rare, threatened, or endangered, but are not so listed,

are given the same protection as those species that are officially

listed with the State. Once significant effects are identified, the

lead agency has the option to require mitigation for effects through

changes in the project or to decide that overriding considerations make

mitigation infeasible. In the latter case, projects may be approved

that cause significant environmental damage, such as destruction of

endangered species or their habitat. The protection of threatened and

endangered species through CEQA is, therefore, dependant upon the

discretion of the lead agency involved and, in practice, statements of

overriding considerations are commonly prepared.

Three of the species occur at Edgewood County Park in San Mateo

County. The park was designated on May 5, 1992, as a natural preserve;

however, this designation was revoked in August of the same year. The

park, subsequently, was considered as a site for construction of a golf

course, although this plan has been rejected and the park will continue

to be managed as public open space (Richard Silver, San Mateo County

Board of Supervisors, pers. comm., 1993).

Section 404 of the Clean Water Act regulates the placement of

dredge and fill materials into waters of the United States (including

small acreages above the headwaters of streams). The U.S. Army Corps of

Engineers (Corps) is the agency responsible for administering the

section 404 program. The Service, as part of the section 404 review

process, provides advisory comments on both pre-discharge notices for

nationwide permits and public notices for individual permits.

Under section 404, nationwide permits, which undergo minimal public

and agency review, can be issued for projects involving less than 10

acres of waters of the United States and adjacent wetlands, unless a

listed species may be adversely affected. Individual permits, which are

subject to more extensive review, are required for projects that affect

greater than 4.1 ha (10 acres). A project proponent planning to fill

less than 0.4 ha (1 acre) is only required to notify the Corps of their

intent to fill wetlands. Compensatory mitigation generally is not

required for projects affecting less than 0.4 ha (1 acre).

Additionally, the loss of upland watersheds, which are not protected,

may result in altered wetland hydrology and may adversely affect the

plants. In practice, the Corps' actions under section 404 would not

adequately protect Cirsium fontinale var. fontinale, which occurs in

riparian serpentine seep areas.

Most projects within the range of Cirsium fontinale var. fontinale

may require approval from the Corps, as currently described in section

404 of the Clean Water Act. Federal listing of this species would

ensure greater consideration of the effects of permitted actions during

the review process as well as provide the protections of section 7 of

the Act.

E. Other natural or manmade factors affecting its continued

existence. As discussed in the ``Background'' section, the large and

still increasing numbers of people in the San Francisco Bay area place

a great strain on undeveloped wildlands, through activities such as

pedestrian and off-road vehicle traffic, hiking and bicycle trails, and

unauthorized garbage dumping. Disturbance may directly impact plants;

it can increase erosion and allow the invasion of alien species such as

the many introduced annual grasses common in California. Competition

with introduced species is a serious threat to serpentine natives

(McCarten 1987b). Edaphic specialists (plants restricted to a certain

soil type) with small populations such as the serpentine species

discussed herein, may have low genetic variability (Menges 1991). As a

result, populations that become subdivided by alterations in habitat

from road construction and urbanization or from natural catastrophes

such as disease, fire, or drought, may be at high risk of genetic

changes that decrease the ability of the populations to survive (Menges

1991).

Cordylanthus tenuis ssp. capillaris growing along roadsides is

threatened by roadside maintenance such as mowing and spraying (Lynn

Lozier, pers. comm., 1992). Vehicular traffic threatens plants in and

near the parking area at the Harrison Grade Reserve, which is poorly

defined and close to the plant population (McCarten 1987a).

Unauthorized dumping of large items such as bottles, furniture,

appliances, and cut wood is also a threat. Light disturbance at the

Harrison Grade Reserve, such as infrequent grading of dirt roads,

appears to increase the numbers of C. tenuis ssp. capillaris (Lynn

Lozier, pers. comm., 1992), but higher levels of disturbance may

facilitate the invasion of alien species (McCarten 1987a) and result in

a decline of C. tenuis ssp. capillaris. The limited number and isolated

condition of these populations make this species susceptible to

stochastic extinction (Menges 1991).

Calochortus tiburonensis is threatened, by virtue of its occurrence

in a single population, with chance events such as fire, severe

drought, pest or disease outbreak, landslides, or other natural or

human-caused disasters. The proximity of the plant to a large human

population increases the likelihood that human-caused disasters or acts

of vandalism could affect the plants or their habitat. The preserve is

fenced to reduce the incidence of off-road vehicle use, but is still

accessible to bicycles, motorbikes, and pedestrians, and it is not

patrolled. Pedestrian traffic threatens both of the Streptanthus niger

populations.

The Presidio, which contains one of the two populations of C.

franciscana, represents a significant natural and cultural resource

within San Francisco city limits, and is expected to be heavily used by

visitors since its transfer to the National Park Service (T. Thomas,

pers. comm., 1992). The heavy use will increase the negative impact of

traffic on C. franciscana. The species presently is threatened by road

maintenance (mowing) at the Presidio. Mowing of grasslands before the

C. franciscana has set seed also threatens the populations. Populations

at the Presidio also are threatened by the encroachment of alien plant

species, including Senecio mikanioides (German ivy), Carpobrotus sp.

(iceplant), Rubus spp. (blackberries), and by natives planted outside

their natural range, such as Pinus radiata (Monterey pine) (California

Department of Fish and Game 1988). The population size at the type

locality increased following removal of alien plant species in the late

1980s. Constant vigilance and effort is needed to prevent reinvasion.

At latest report, the largest population of Clarkia franciscana,

occurring at Redwood Regional Park in Alameda County, consisted of

4,000 to 5,000 plants (Gottlieb and Edwards 1992, Olson 1991a). The

East Bay Regional Park District is aware of the Clarkia franciscana

population and has been taking it into account in their management

plans (Ray Budzinski, East Bay Regional Park District, pers. comm.,

1992). The habitat is threatened by competition with annual grasses

(Ray Budzinski, pers. comm., 1992) and other alien plants, including

Cortaderia selloana (pampas grass) and Cytisus monspessulanus (French

broom) (Olson 1991a). The two smaller populations in Alameda County,

consisting of 200 plants (Olson 1991b) and 30 plants (Olson 1991c),

respectively, also are [[Page 6682]] threatened by alien species

Cytisus monspessulanus and Cortaderia jubatum. Low viability caused by

harmful genetic changes may result from inbreeding in small populations

(Barrett and Kohn 1991). The larger of the two populations occurs on a

roadcut.

The Crystal Springs Reservoir population of Cirsium fontinale var.

fontinale is threatened by several factors, including roadside

maintenance. The California Department of Transportation is aware of

the rare plants in this area, and the maintenance division submits

spraying plans for internal environmental review before spraying in the

area where plants are known to occur (Richard Vonarb, pers. comm.,

1992). Alien plants such as Cortaderia selloana have established

themselves near the C. fontinale var. fontinale, and threaten several

subpopulations (Zoe Chandik, pers. comm., 1992). Dumping of garden

debris from households on the ridge above the plants covers plants and

renders the habitat unsuitable for plant establishment and growth. It

has been suggested that C. fontinale var. fontinale may be threatened

with hybridization with Cirsium quercetorum, but only one hybrid has

been collected in recent years, so this is not thought to be a serious

problem (Dean Kelch, pers. comm., 1992). In addition, seed predation of

this species has been observed (Dean Kelch, pers. comm., 1992) and may

add to the vulnerability of the species to elimination by chance

events.

Eriophyllum latilobum is threatened by many factors. Dumping of

garden debris and downhill seepage of pesticides from homeowners living

above the population may have negative impacts on E. latilobum habitat.

The plant also is threatened by competition with alien plants; its

habitat is more densely populated with Carduus sp. and Bromus sp. than

it was 10 years ago (John Mooring, pers. comm., 1992). Road maintenance

also threatens E. latilobum. San Mateo County road maintenance crews

were alerted to the existence of E. latilobum in 1990, and instructed

to avoid the plants by the San Mateo County Planning Department;

however, road maintenance activities are not monitored to ensure

protection (Roman Gankin, San Mateo County Planning Division, pers.

comm. to Teri McGuire, Botanist, California Department of Fish and

Game, cited in McGuire and Morey 1992). San Mateo County Department of

Public Works has eliminated the use of weed sprays along the section of

road where the species occurs (Robert Sans, Director of Public Works,

San Mateo Co., in litt., 1993). E. latilobum is not a vigorous

reproducer; low germination rates and low seedling survival have been

observed under greenhouse conditions (John Mooring, in litt., 1992;

McGuire and Morey 1992). Because of the existence of only a single

population exhibiting low viability and located in an unstable habitat,

this species is extremely vulnerable to stochastic extinction (Menges).

Hesperolinon congestum is threatened by the encroachment of native

shrubs in San Francisco County. In San Mateo County, all three

populations are threatened by trash dumping as a consequence of

recently completed development. In addition, a portion of the H.

congestum population located in Edgewood Park is suffering from foot

traffic and inadequate trail maintenance (S. Sommers, in litt., 1993).

Pentachaeta bellidiflora potentially is threatened by competition

from alien plant species; this competition becomes a problem when the

soils are disturbed (Robison and Morey 1992b). If proposed trail

construction occurs on the site, the soil disturbance could result in

encroachment and competition from non-native species.

Ceanothus ferrisae is threatened by unauthorized dumping of litter

and larger debris at the Anderson Dam site. Dumping can degrade or

threaten a habitat by directly killing the plants, depriving them of

light, or disturbing the soil, thus promoting erosion and the invasion

of weedy, competitive species.

Streptanthus albidus ssp. albidus is threatened by dumping and off-

road motorcycle use. Road maintenance or construction threaten

populations that occur on roadcuts.

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 make this rule

final. These 12 plants are endemic to a very specific habitat that

occurs in scattered outcrops. The rapid urban development in the San

Francisco Bay region offers the greatest threat to these plants.

Development has eliminated nearly 20 percent of the serpentine habitat

in the last 20 years (McCarten 1987b). The remaining habitat is

fragmented from road and urban construction and increasingly will

become impacted with predicted growth in population centers. The 12

species are threatened further by the invasion of alien species,

roadside maintenance, soil erosion and slipping, garbage dumping,

livestock grazing, seed predation, and small population sizes that

increase their vulnerability to chance events such as fire, flood,

drought, pest and disease outbreaks, and other natural and human-caused

disasters.

Cordylanthus tenuis ssp. capillaris occurs in only two sites. One

is threatened by off road vehicle use; the second site, although

proposed for protection as a county park, is threatened potentially by

foot traffic. Five of the six populations of Castilleja affinis ssp.

neglecta are threatened by development, foot traffic, and a nearby

quarry. The two populations of Streptanthus niger are threatened by

residential development and road construction. Clarkia franciscana is

known from five populations that are imperiled by potential

development, foot traffic and competition from alien plants. Proposed

trail and road construction threaten the three remaining populations of

Cirsium fontinale var. fontinale. The single remaining population of

Eriophyllum latilobum occurs on steep slopes subject to erosion that

could be accelerated by a proposed bike trail. It is extremely

vulnerable to extinction from random events. The single remaining

population of Pentachaeta bellidiflora, which has been bisected by

Highway 280, is threatened by proposed trail construction. It is also

extremely vulnerable to random events. Ceanothus ferrisae occurs in

three populations threatened by proposed residential and recreational

development; 95 percent of one population was recently destroyed by

fire. Eleven of the 14 populations of Dudleya setchellii occur on

private land and are threatened by a proposed golf course and by

residential, school, church and road construction. Proposed residential

and golf course construction, and grazing threaten the nine populations

of Streptanthus albidus ssp. albidus.

These species are in danger of extinction throughout all or a part

of their range, and the preferred action is, therefore, to list

Castilleja affinis ssp. neglecta, Ceanothus ferrisae, Cirsium fontinale

var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp.

capillaris, Dudleya setchellii, Eriophyllum latilobum, Pentachaeta

bellidiflora, Streptanthus albidus ssp. albidus, and Streptanthus niger

as endangered. Two species are not now in immediate danger of

extinction throughout all or a significant portion of their range. The

single known population of Calochortus tiburonensis is protected by The

Nature Conservancy, however, its proximity to human population centers

and surrounding development make it vulnerable to catastrophic events.

Proposed residential development and foot traffic

[[Page 6683]] threaten 10 of the 14 populations of Hesperolinon

conjestum. If appropriate management actions are not taken to protect

these two species, they are likely to become in danger of extinction in

the near future. As a result, the preferred action is to list

Calochortus tiburonensis and Hesperolinon congestum as threatened.

Alternatives to this action were considered but not preferred. Not

listing the species or listing Castilleja affinis ssp. neglecta,

Ceanothus ferrisae, Cirsium fontinale var. fontinale, Clarkia

franciscana, Cordylanthus tenuis ssp. capillaris, Dudleya setchellii,

Eriophyllum latilobum, Pentachaeta bellidiflora, Streptanthus albidus

ssp. albidus, and Streptanthus niger as threatened would not provide

adequate protection and would not be in keeping with the Act.

Critical Habitat

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

prudent and determinable, the Secretary designate critical habitat

concurrently with determining a species to be endangered or threatened.

The Service finds that designation of critical habitat is not prudent

for these species. Because the 12 plants face numerous anthropogenic

threats (see Factors A and E in ``Summary of Factors Affecting the

Species'') and occur predominantly on private land, the publication of

precise maps and descriptions of critical habitat in the Federal

Register would make these plants more vulnerable to incidents of

vandalism and, therefore, could contribute to the decline of these

species and increase enforcement problems. The listing of these species

as endangered or threatened also publicizes the rarity of these plants

and, thus, can make them attractive to researchers or collectors of

rare plants. Furthermore, critical habitat designation is not prudent

due to lack of benefit to the species. All 12 species discussed herein

are restricted to serpentine soils. Several of the species, Eriophyllum

latilobum, Calochortus tiburonensis, Streptanthus niger, and

Streptanthus albidus ssp. albidus likely have always been confined to

their present habitat. No areas outside of their present range are

known to have supported these plants in the past; therefore, no

additional sites exist that could be considered essential to the

species' recovery. For these reasons, the Service finds that

designation of critical habitat for the 12 species is not prudent

because it would provide no additional benefits to the species beyond

those they would receive by virtue of their designation as endangered

or threatened species. The proper agencies have been notified of the

locations and importance of protecting the habitat of these species.

Protection of the habitat of these species 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 plants is not prudent at this time, because such

designation likely would increase the degree of threat from vandalism,

collecting, or other human activities.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages and results in

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

and individuals. The Act provides for possible land acquisition and

cooperation with the State and requires that recovery actions be

carried out for all listed species. Such actions are initiated by the

Service following listing. The protection required of Federal agencies

and the prohibitions against certain activities involving listed plants

are discussed, in part, below.

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

actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is being designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR Part 402.

Section 7(a)(4) of the Act requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a proposed species or result in destruction or adverse

modification of proposed critical habitat. If a species is listed

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

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

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

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

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Federal activities potentially affecting 1 or more of the 12 plants

will likely involve recreation-related projects and perhaps grazing

practices on Federal land. Populations of 3 of the 12 plants occur on

Federal land. Two populations of Hesperolinon congestum and one of

Castilleja affinis ssp. neglecta occur on the Golden Gate National

Recreation Area. Two populations of Clarkia franciscana occur at the

Presidio.

The San Francisco Water Department owns 9,300 ha (23,000 acres) of

land in San Mateo County. In 1969, a four-party agreement among the

U.S. Department of the Interior, the State of California, San Mateo

County, and the City and County of San Francisco established easements

on the watershed lands to ensure that all future land use would be

compatible with water quality criteria. These easements were granted to

the U.S. Department of the Interior and are jointly administered by the

San Francisco Water Department and the Golden Gate National Recreation

Area. Populations of Cirsium fontinale var. fontinale, Eriophyllum

latilobum, Hesperolinon congestum, and Pentachaeta bellidiflora occur

on Water Department land.

Hesperolinon congestum, Pentachaeta bellidiflora, Dudleya

setchellii, and Streptanthus albidus ssp. albidus co-occur with the bay

checkerspot butterfly (Euphydryas editha bayensis) in San Mateo and

Santa Clara counties. The bay checkerspot is listed as a threatened

species under the Endangered Species Act. Permits for incidental take

of this species granted under section 10(a) of the Act may affect the

plant species listed above. Preparation of Habitat Conservation Plans

for the bay checkerspot butterfly may, therefore, require internal

section 7 consultation with regard to the four species listed above.

The 12 plants also may be affected by Federal mortgage programs,

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

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

by construction of roads and highways by the Federal Highway

Administration. The Service is concerned over the loss of Eriophyllum

latilobum during regular road maintenance and continuing soil slippage

that results in plant loss; however, removal from roadways of debris

containing E. latilobum plants or seeds that has fallen by natural

causes into the roadway is not a violation of the Act.

At least one proposed project that may affect two of the plants

also involves wetlands under the jurisdiction of the U.S. Army Corps of

Engineers.

Listing these 12 plants will provide for development of a recovery

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

and Federal efforts for conservation of the plants. The plan(s) would

establish a framework for agencies to coordinate

[[Page 6684]] activities and cooperate with each other in conservation

efforts. The plan(s) would set recovery priorities and estimate costs

of various tasks necessary to accomplish them. They also would describe

site-specific management actions necessary to achieve conservation and

survival of the 12 serpentine plant species.

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

17.62, and 17.63 for endangered species and 17.71 and 17.72 for

threatened species set forth a series of general prohibitions and

exceptions that apply to all endangered or threatened plants. With

respect to the 12 plants from San Francisco Bay area serpentine

habitats, all prohibitions of section 9(a)(2) of the Act, implemented

by 50 CFR 17.61 or 17.71, would apply. These prohibitions, in part,

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

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

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

in interstate or foreign commerce; remove and reduce to possession the

species from areas under Federal jurisdiction; maliciously damage or

destroy any such species on any area under Federal jurisdiction; or

remove, cut, dig up, damage, or destroy any such endangered plant

species on any other area in knowing violation of any State law or

regulation or in the course of any violation of a State criminal

trespass law. Certain exceptions apply to agents of the Service and

State conservation agencies. The Act and 50 CFR 17.62, 17.63, and 17.72

also provide for the issuance of permits to carry out otherwise

prohibited activities involving endangered or threatened plant species

under certain circumstances. The Service anticipates few trade permits

would ever be sought or issued for the 12 species because the plants

are not common in cultivation or in the wild.

It is the policy of the Service (59 FR 34272) 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 the listing on proposed or ongoing activities.

Activities affected by the listing were discussed previously in this

section. The Service does not at this time know of any other activities

affected by this listing.

Questions regarding whether specific activities will constitute a

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

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

copies of the regulations on listed plants and inquiries regarding them

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

Services, Permits Branch, 911 N.E. 11th Avenue, Portland, Oregon 97232-

4181 (503/231-6241; FAX 503/231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

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

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

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

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

References Cited

A complete list of all references cited herein is available, upon

request, from the Field Supervisor, Sacramento Field Office (see

ADDRESSES section).

Author: The primary author of this final rule is Elizabeth

Warne, U.S. Fish and Wildlife Service, Sacramento Field Office (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulations Promulgation

Accordingly, Part 17 subchapter B of Chapter I, Title 50 of the

Code of Federal Regulations, is amended 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 species, in

alphabetical order under the families indicated, and by adding a new

family ``Linaceae--Flax Family,'' in alphabetical order, to the List of

Endangered and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat

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

* * * * * *

*

Asteraceae--Aster

family:

* * * * * *

*

Cirsium Fountain thistle U.S.A. (CA).... E 575 NA NA

fontinale

var.

fontinale.

* * * * * *

*

Eriophyllum San Mateo woolly U.S.A. (CA).... E 575 NA NA

latilobum. sunflower.

* * * * * *

*

Pentachaeta White-rayed U.S.A. (CA).... E 575 NA NA

bellidiflora. pentachaeta.

* * * * * *

*

Brassicaceae--Mus

tard family:

* * * * * *

*

Streptanthus Metcalf Canyon U.S.A. (CA).... E 575 NA NA

albidus ssp. jewelflower.

albidus.

Streptanthus Tiburon U.S.A. (CA).... E 575 NA NA

niger. jewelflower.

[[Page 6685]]

* * * * * *

*

Crassulaceae--Sto

necrop family:

* * * * * *

*

Dudleya Santa Clara U.S.A. (CA).... E 575 NA NA

setchellii. Valley dudleya.

* * * * * *

*

Liliaceae--Lily

family:

* * * * * *

*

Calochortus Tiburon mariposa U.S.A. (CA).... T 575 NA NA

tiburonensis. lily.

* * * * * *

*

Linaceae--Flax

family:

Hesperolinon Marin dwarf-flax U.S.A. (CA).... T 575 NA NA

congestum.

* * * * * *

*

Onagraceae--Eveni

ng-primrose

family:

* * * * * *

*

Clarkia Presidio clarkia U.S.A. (CA).... E 575 NA NA

franciscana.

* * * * * *

Rhamnaceae--Buckt

horn family:

* * * * * *

*

Ceanothus Coyote ceanothus U.S.A. (CA).... E 575 NA NA

ferrisae.

* * * * * *

*

Scrophulariaceae-

-Snapdragon

family:

* * * * * * *

*

Castilleja Tiburon U.S.A. (CA).... E 575 NA NA

affinis ssp. paintbrush.

neglecta.

* * * * * *

*

Cordylanthus Pennell's bird's U.S.A. (CA).... E 575 NA NA

tenius ssp. beak.

capillaris.

* * * * * *

*

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

Dated: December 16, 1994.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 95-2689 Filed 2-2-95; 8:45 am]

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