Endangered and Threatened Wildlife and Plants; Determination of Endangered or Threatened Status for Four Southern Maritime Chaparral Plant Taxa from Coastal Southern California and Northwestern Baja California, Mexico

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC01

Endangered and Threatened Wildlife and Plants; Determination of

Endangered or Threatened Status for Four Southern Maritime Chaparral

Plant Taxa from Coastal Southern California and Northwestern Baja

California, Mexico

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 two plants--Arctostaphylos glandulosa ssp.

crassifolia (Del Mar manzanita) and Chorizanthe orcuttiana (Orcutt's

spineflower) throughout their historic range in southwestern California

and northwestern Baja California, Mexico; and threatened status for two

plants--Verbesina dissita (big-leaved crown-beard) and Baccharis

vanessae (Encinitas baccharis) throughout their historic range in

southwestern California and northwestern Baja California, Mexico. These

four taxa are threatened by one or more of the following--trampling by

farm workers or recreational activities; fuel modification; competition

from non-native plant species; and habitat destruction due to

residential, agricultural, commercial, and recreational development.

Several of these plant taxa are also threatened by a risk of extinction

from naturally occurring events due to their small population size and

limited distribution. This rule implements the Federal protection and

recovery provisions afforded by the Act for these four plants.

EFFECTIVE DATE: November 6, 1996.

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, Carlsbad Field Office, 2730 Loker Avenue

West, Carlsbad, California 92008.

FOR FURTHER INFORMATION CONTACT: Fred Roberts, Botanist (see ADDRESSES

section) (telephone: 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

Southern maritime chaparral is a low, fairly open chaparral

typically dominated by Ceanothus verrucosus (wart-stemmed ceanothus),

Xylococcus bicolor (mission manzanita), Adenostoma fasciculatum var.

obtusifolium (chamise), Quercus dumosa (Nuttall's scrub oak),

Cneoridium dumosum (bush rue), Rhamnus crocea (red berry), Yucca

schidigera (Mojave yucca), and occasionally Dendromecon rigida (bush

poppy)(Holland 1986; Todd Kehler-Wolf, Plant Ecologist, California

Department of Fish and Game (CDFG), pers. comm., 1993; Dan Kelly and

Patricia Gordon-Reedy, biologists, OGDEN, pers. comm., 1993). Southern

maritime chaparral is a plant association that occurs only in coastal

southern California along the immediate coast of San Diego and Orange

counties and northwestern Baja California, Mexico. The distribution of

southern maritime chaparral in Orange County is disjunct, and the

species composition is slightly different from that found in San Diego

County and Mexico (Gray and Bramlet 1992).

Southern maritime chaparral is considered to be a unique and

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threatened plant community. It has been estimated that about 120

hectares (ha) (300 acres (ac)) of southern maritime chaparral occurred

historically in Orange County (U.S. Fish and Wildlife Service (USFWS),

unpublished data), while about 8,400 ha (21,000 ac) of southern

maritime chaparral occurred historically in San Diego County (Oberbauer

and Vanderwier 1991). Currently, there are an estimated 60 ha (150 ac)

of southern maritime chaparral in Orange County (Todd Kehler-Wolf,

pers. comm., 1993) and between 600 and 1,480 ha (1,500 and 3,700 ac) in

San Diego County (Oberbauer and Vanderwier 1991; OGDEN 1993; Dave

Hogan, Southwest Center for Biological Diversity, in litt., 1993). This

represents an 82 to 93 percent decline in habitat in southern

California, largely due to agricultural conversion and urbanization.

Much of the remaining 10 to 20 percent of the United States portion of

southern maritime chaparral is located on Carmel Mountain, Torrey Pines

State Park, and in the cities of Carlsbad and Encinitas in San Diego

County. The distribution of southern maritime chaparral and related

associations has also declined significantly in Baja California,

Mexico, for many of the same reasons.

One of the four plant taxa to be listed by this final rule,

Chorizanthe orcuttiana, is primarily restricted to weathered sandstone

bluffs in association with or in microhabitats within southern maritime

chaparral. This species is endemic to south-central and southern

coastal San Diego County, California. A second taxon, Arctostaphylos

glandulosa ssp. crassifolia, is also primarily associated with southern

maritime chaparral in San Diego County, California. It also occurs in

disjunct populations in northwestern Baja California, Mexico, at least

as far south as Mesa el Descanseo, 40 kilometers (km) (25 miles (mi))

north of Ensenada.

The remaining two taxa, Verbesina dissita and Baccharis vanessae,

are frequently associated with southern maritime chaparral but also

extend into other plant communities. Verbesina dissita is restricted to

rugged coastal canyons in association with San Onofre breccia-derived

soils in the southern maritime chaparral of southern Orange County,

California. This taxon also occurs in limited numbers in Venturan-

Diegan transitional coastal sage scrub (Gray and Bramlet 1992), Diegan

coastal sage scrub, and southern mixed chaparral (Holland 1986).

Verbesina dissita occurs disjunctly in similar vegetation associations

from Punta Descanso south to San Telmo in northwestern Baja California,

Mexico. Baccharis vanessae occurs in southern maritime chaparral in the

vicinity of Encinitas, central San Diego County, California, and

extends inland to Mount Woodson and Poway where it is associated with

dense southern mixed chaparral. One population of this plant occurs in

the Santa Margarita Mountains of northern San Diego County. Two of the

four taxa are found below 250 meters (m) (820 feet (ft)) in elevation

in the United States. Arctostaphylos glandulosa ssp. crassifolia

reaches 730 m (2,400 ft) elevation in Mexico. Baccharis vanessae is

known to occur at 880 m (2,890 ft) in elevation on Mount Woodson.

While three of the four plant taxa are largely restricted to the

United States, 85 percent of the known populations of Verbesina dissita

are known from northwestern Baja California, Mexico. Although the

status of this species and its habitat in Mexico is not well

documented, over 20 percent of the populations occuring in Mexico have

been extirpated. Agricultural conversion, resort and residential

development, and wide fuel breaks and slash and burn practices have

already affected and continue to contribute to the decline of Verbesina

dissita in Mexico (CDFG 1990, Oberbauer 1992).

The natural plant communities of coastal Orange and San Diego

Counties have undergone significant changes resulting from both human-

caused activities and natural events. The rapid urbanization of

southern Orange County and south-central San Diego County has already

eliminated a significant portion of the southern maritime chaparral and

the four plant taxa considered herein. Fire also plays an important

role in determining southern California plant community distribution

and composition. The advent of widespread urbanization and the

disruption in natural fire cycles potentially threatens the remaining

southern maritime chaparral. Populations of these four taxa have been

subjected to a considerable degree of fragmentation.

Discussion of the Four Taxa

Arctostaphylos glandulosa ssp. crassifolia (Del Mar manzanita), a

member of the heath family (Ericaceae), is one of six recognized

subspecies occurring in California and northwest Baja California,

Mexico (Wells 1987, 1993). The subspecies is an erect shrub, generally

1 to 1.2 m (3.3 to 4 ft) tall, but occasionally higher when

introgressed (influenced by other subspecies).

This taxon is distinguished from other subspecies of Arctostaphylos

glandulosa by its shorter stature (other subspecies are up to 2.5 m

(8.2 ft) tall), and by its dark gray-green leaves that are glabrate

above and tomentulose beneath. The branchlets and leaf-like bracts are

non-glandular and tomentulose with scattered long hairs or bristles

(Wells 1993). Generally, A. glandulosa (Eastwood manzanita) is a

relatively open, smooth, dark red-barked shrub characterized by a basal

burl and scarcely leaf-like bracts that are shorter than the hairy

flower-stalks. Four of six subspecies of A. glandulosa lack non-

glandular, tomentulose hairs and scattered white bristles on the

branchlets, bracts and leaves. Of the remaining two taxa, A. g. ssp.

mollis of the western Transverse Ranges has more uniformly distributed,

long, white bristles and bright green, smooth and shiny leaves, while

A. g. ssp. glaucomollis of the San Gabriel and San Bernardino Mountains

lacks leaf-like bracts (Wells 1993).

Arctostaphylos glandulosa ssp. crassifolia was first described by

Willis Jepson (1922) based on a specimen he collected in Del Mar,

California. In 1925, Jepson placed Del Mar manzanita under the name

Arctostaphylos tomentosa var. crassifolia (Knight 1981). This name was

used by Howard McMinn (1939), who stated that Del Mar manzanita ``seems

very closely related to A. glandulosa var. cushingiana but the more

truncate leaf-bases, the usually more tomentulose lower leaf-surfaces,

and distribution seem sufficient to maintain it as a variety of A.

tomentosa.'' J.E. Adams, in his 1940 treatment of the genus

Arctostaphylos, transferred var. crassifolia to A. glandulosa as in

Jepson's original treatment (Knight 1981).

Philip Wells (1968) stated that ``other morphological variants of

the A. glandulosa complex have largely allopatric (do not overlap)

geographic distributions and are recognized as subspecies.''

Accordingly, Wells applied the name A. glandulosa ssp. crassifolia to

the Del Mar manzanita. Subsequent taxonomic review (Munz 1959, 1974)

upheld this treatment. Walter Knight (1981) reviewed the morphology and

summarized the taxonomic history of A. g. ssp. crassifolia. While the

majority of Knight's discussion in that article supported the validity

of A. g. ssp. crassifolia, Knight concluded that this taxon should not

be recognized. He stated that A. g. ssp. crassifolia was a product of

hybridization between A. glandulosa and other manzanita species in the

area. However, Knight's conclusions were not widely accepted by

botanists in San Diego County (Beauchamp 1986; Thomas Oberbauer,

Planner, County of San Diego, pers.

[[Page 52372]]

comms., 1993, 1994). Knight did not offer support, nor discuss

potential parentage for considering A. g. ssp. crassifolia as a hybrid

entity. Arctostaphylos glandulosa ssp. crassifolia is allopatric with

other manzanita taxa, except in Mexico, where the range is partly

sympatric (overlapping) with A. g. ssp. zacaensis (Wells 1987).

Additionally, the morphological characters of A. g. ssp. crassifolia do

not appear to be intermediate with any other species within the

vicinity of its range (McMinn 1939, Munz 1974, Wells 1993, Roberts

1994).

Both Knight and Wells were asked to examine populations of

manzanita along coastal San Diego County in March 1986. From these

field observations, Knight revised his position and agreed with the

classical treatment, concluding that Arctostaphylos glandulosa ssp.

crassifolia was distinct (T. Oberbauer, pers. comms., 1993, 1994; Jim

Bartel, USFWS, pers. comm., 1994). Wells reaffirmed the distinctness of

A. g. ssp. crassifolia, stating ``(A. g.) ssp. crassifolia is one of

the more consistent and well-defined taxa within the variable A.

glandulosa complex, and (A. g. ssp.) crassifolia has a discrete

distribution, allopatric from other taxa'' (Wells 1987, Sweetwater

Environmental Biologists (SEB) 1993b).

Arctostaphylos glandulosa ssp. crassifolia is restricted to

sandstone terraces and bluffs from Carlsbad south to Torrey Pines State

Park, extending inland to Rancho Santa Fe and Del Mar Mesa in San Diego

County, California. An additional population has been reported just

south of the San Dieguito River southwest of Lake Hodges. This species

has been reported from five localities in northwestern Baja California,

Mexico, from just east of Tijuana along the United States border, to

Cerro el Coronel and Mesa Descanseo 40 km (25 mi) south of the United

States border. These populations may no longer be extant due to

considerable urban and agricultural development in the Tijuana vicinity

(Roberts 1992). The most recent collection in the San Diego Museum of

Natural History was made by Reid Moran in 1982.

About 1982, approximately 16,600 to 17,600 individuals of

Arctostaphylos glandulosa ssp. crassifolia were known to be distributed

over about 26 population centers (Roberts 1992, SEB 1993b, OGDEN

1995a). A significant number of these populations have been severely

impacted since then. For example, in 1987, one population of nearly 500

individuals near San Dieguito Creek and the surrounding southern

maritime chaparral habitat was cleared and converted to agriculture.

Cultivation at this site was active for one season and has not been

continued (T. Oberbauer, pers. comm., 1992). Currently, about 9,400 to

10,300 individuals, scattered roughly throughout the historic

distribution of the species in San Diego County, are known to be extant

(Roberts 1993, SEB 1993b, OGDEN 1995a). About 75 percent of all

remaining individuals are located within six concentrations. The

majority of the 26 populations are found on private land, four occur in

State, county or local parks, and none are known from Federal lands.

The number of individuals in Baja California, Mexico, is not known but

is likely to be smaller than in the United States, based on the limited

availability of habitat.

Four populations of Arctostaphylos glandulosa totaling

approximately 3,000 individuals in the vicinity of Miramar Reservoir

have been attributed to A. g. ssp. crassifolia, but Wells (pers. comm.,

1992) maintains that these plants are intermediate with other

subspecies of A. glandulosa and can not be definitely placed. Later

inclusion of these populations in A. g. ssp. crassifolia would not

significantly alter the findings of this rule. Nearly 50 percent of the

individuals known from the vicinity of Miramar Reservoir in 1982 were

eliminated by the Scripps Ranch development between 1989 and 1992.

Baccharis vanessae (Encinitas baccharis), a member of the sunflower

family (Asteraceae), is a dioecious broom-like shrub, 0.5 to 1.3 m (1.6

to 4.3 ft) tall. It was discovered by Mitchel Beauchamp in October 1976

in southern maritime chaparral on Eocene sandstones along the north

side of Encinitas Boulevard in Encinitas. The species was later

described by Beauchamp (1980). Baccharis vanessae is distinguished from

other members of the genus by its filiform leaves and delicate

phyllaries which are reflexed at maturity (Beauchamp 1980, Munz 1974).

As currently understood, the historical distribution of this

species included 19 natural populations scattered from Encinitas east

through the Del Dios highlands and Lake Hodges area to Mount Woodson

and south to Poway and Carmel Mountain in San Diego County, California.

Fourteen of these populations are still extant and contain

approximately 2,000 individuals in total (CDFG 1992). Four of these

populations, however, contain fewer than six individuals each. An

additional disjunct individual was discovered on the western slopes of

Carmel Mountain in 1993 (D. Hogan, in litt., 1993). This location

harbors the southernmost known population. A single transplanted

population of 34 individuals was established in San Dieguito Park, but

this population has not persisted (Hall 1987). The majority of the

remaining populations are on private lands.

Chorizanthe orcuttiana (Orcutt's spineflower) was first described

by Charles Parry in 1884 based on a specimen collected by Charles

Orcutt at Point Loma, San Diego County, in the same year (Parry 1884).

Chorizanthe orcuttiana is a low, yellow-flowered annual of the

buckwheat family (Polygonaceae) restricted to sandy soils. It is

distinguished from other members of the genus by its prostrate form,

campanulate three-toothed involucre and involucral awns that are hooked

near the tip (Reveal 1989).

Historically, Chorizanthe orcuttiana is known from 10 separate

localities in San Diego County from Point Loma near San Diego

(including the U.S. Naval Reservation), Del Mar, Kearney Mesa and

Encinitas (CDFG 1992). Only two populations have been seen in recent

years. Allen reported 50 to 100 individuals at Torrey Pines State Park

in 1987 (CDFG 1992). However, this population has not been relocated in

the last several years, possibly due to changing plant species

composition and density as result of a 1984 burn. The species was

thought to be extinct until a new population was discovered in 1991 at

Oak Crest Park in Encinitas (D. Hogan, in litt., 1991). This population

numbered fewer than 40 individuals in 1993 and fewer than 10

individuals in 1994, and it is distributed over a relatively small area

(about 4 square m (43 square ft)) (unpublished USFWS data). The number

of individuals varies widely from year to year because the success of

germination is highly dependent on factors such as rainfall, which

often differ significantly from one year to the next in southern

California.

Verbesina dissita (big-leaved crown-beard) was first described by

Asa Gray (1885) based on a collection made by Charles Orcutt at

Ensenada, Baja California, Mexico, in September 1884. The taxon

apparently was first collected in the United States at Arch Beach in

South Laguna, Orange County, in 1903 by Mrs. M.F. Bradshaw (Hall 1907).

Verbesina dissita, a member of the sunflower family (Asteraceae),

is a low, semi-woody perennial shrub with bright yellow flowers. This

species grows from 0.5 to 1.0 m (1.6 to 3.3 ft) tall and has

distinctive scabrid leaves. Verbesina dissita is distinguished from

other members of the genus in California and Baja California, Mexico,

by its naked

[[Page 52373]]

achenes and broad involucre (Munz 1974).

Verbesina dissita is found on rugged hillsides in dense maritime

chaparral from Laguna Beach in Orange County south to the San Telmo

area east of Cabo Colonet in Baja California, Mexico. In California it

is known from two population centers less than 3.2 km (2 mi) apart.

Because of the low growth habit and preference for understory

locations, the population size of this taxon is difficult to estimate.

The United States populations have been estimated to contain several

thousand plants (CDFG 1992, Marsh 1992). Historically, this taxon has

been recorded from 23 separate locations in Mexico. Of the Mexican

localities, over 20 percent, all north of Punta Santo Tomas, have been

eliminated. Nearly all known populations are on private land.

Previous Federal Action

Action by the Federal government on two of the four plant taxa

contained herein began pursuant to section 12 of the Endangered Species

Act of 1973 (Act), as amended (16 U.S.C. 153 et seq.). Section 12

directed the Secretary of the Smithsonian Institution to prepare a

report on those plants considered to be endangered, threatened or

extinct. This report, designated as House Document No. 94-51, was

presented to Congress on January 9, 1975, and included Arctostaphylos

glandulosa ssp. crassifolia and Chorizanthe orcuttiana as endangered.

The Service published a notice in the July 1, 1975, Federal Register

(40 FR 27823) of its acceptance of the report of the Smithsonian

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

(petition provisions are now found in section 4(b)(3) of the Act) and

its intention thereby to review the status of the plant taxa named

therein. On June 16, 1976, the Service published a proposal in the

Federal Register (42 FR 24523) to determine approximately 1,700

vascular plants to be endangered species pursuant to section 4 of the

Act. Chorizanthe orcuttiana and Arctostaphylos glandulosa ssp.

crassifolia were included in the June 16, 1976, Federal Register

notice.

General comments received in response to the 1976 proposal were

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

The Endangered Species Act Amendments of 1978 required that all

proposals already over two years old be withdrawn. A 1-year grace

period was given to those proposals already more than two years old. In

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

published a notice of withdrawal of the portion of the June 8, 1976,

proposal that had not been made final, along with four other proposals

that had expired.

The Service published an updated notice of review of plants on

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

vanessae and Chorizanthe orcuttiana as category 1 taxa. Category 1 taxa

are those taxa for which substantial information on biological

vulnerability and threats are available to support preparation of

listing proposals. On November 28, 1983, the Service published in the

Federal Register a supplement to the Notice of Review (48 FR 53840), in

which B. vanessae and C. orcuttiana were reclassified from category 1

to category 2. Category 2 candidates were taxa for which data in the

Service's possession indicated listing was possibly appropriate but for

which substantial information on biological vulnerability and threats

was not known or on file to support the preparation of proposed rules.

The designation of category 2 species was not included in the latest

notice of review (February 28, 1996; 61 FR 7596). Arctostaphylos

glandulosa ssp. crassifolia was not included in either the 1980 review

list or the 1983 supplement.

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

39526), and Arctostaphylos glandulosa ssp. crassifolia was listed as a

category 3B taxon. Category 3B taxa were those taxa that, based upon

current taxonomic understanding, did not represent distinct taxa under

the Act's definition of species (the designation of category 3B has

also been discontinued). This change reflected the questionable

validity of the taxon as presented by Knight (1981). The taxonomy of

Arctostaphylos glandulosa ssp. crassifolia was subsequently

reevaluated, and the plant was included as a category 2 taxon in the

February 21, 1990, Plant Notice of Review (55 FR 6184), based on the

work of Wells (1987). In this same notice, Baccharis vanessae and

Chorizanthe orcuttiana were reevaluated and included as category 1

species based on information contained in status reports prepared in

conjunction with State listing as endangered. The 1990 review included

C. orcuttiana as a category 1* candidate, indicating that this species

was possibly extinct. Based on additional information on threats and

vulnerability, the Service elevated A. g. ssp. crassifolia and C.

orcuttiana to category 1 and added Verbesina dissita as a category 1

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

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) of the 1982 amendments further requires that

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

newly submitted on that date. This was the case for Arctostaphylos

glandulosa ssp. crassifolia and Chorizanthe orcuttiana because the 1975

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

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

was warranted, but precluded by other pending listing actions pursuant

to section 4(b)(3)(B)(iii) of the Act. Notification of this finding was

published in the Federal Register on January 20, 1984 (49 FR 2485).

Such a finding requires the petition to be recycled, pursuant to

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

of 1984, 1985, 1987, 1988, 1989, 1990, 1991, and 1992. Publication of

the proposed rule constituted the warranted finding for these taxa.

On December 14, 1990, the Service received a petition dated

December 5, 1990, from Mr. David Hogan of the San Diego Biodiversity

Project, to list Baccharis vanessae as an endangered species. The

petition also requested the designation of critical habitat. The

Service evaluated the petitioner's requested action and published a 90-

day finding on August 30, 1991 (56 FR 42968), stating that substantial

information had been presented that the requested actions concerning

Baccharis vanessae may be warranted.

A proposed rule to list Arctostaphylos glandulosa ssp. crassifolia,

Baccharis vanessae, and Chorizanthe orcuttiana as endangered and

Verbesina dissita as threatened was published in the Federal Register

on October 1, 1993 (58 FR 51302). That proposed rule also included

Dudleya blochmaniae ssp. brevifolia (short-leaved dudleya) to be listed

as endangered and Corethrogyne filaginifolia var. linifolia (Del Mar

sand-aster) to be listed as a threatened taxon. The proposals to list

those two taxa are withdrawn and addressed in a document published

concurrently in the proposed rule section of this issue of the Federal

Register.

The processing of this final rule follows the Service's listing

priority guidance published in the Federal Register on May 16, 1996 (61

FR 24722). The guidance clarifies the order in which the Service will

process rulemakings following two related events: 1) the lifting, on

April 26, 1996, of the moratorium on final listings imposed on April

10, 1995 (Public Law

[[Page 52374]]

104-6), and 2) the restoration of significant funding for listing

through passage of the omnibus budget reconciliation law on April 26,

1996, following severe funding constraints imposed by a number of

continuing resolutions between November 1995 and April 1996. The

guidance calls for prompt processing of final rules containing species

facing threats of high magnitude. All four taxa in this rule face high

magnitude threats.

Summary of Comments and Recommendations

In the October 1, 1993, proposed rule (58 FR 51302) and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. A 90-day comment period closed on January 1, 1994.

Appropriate State agencies, county governments, Federal agencies, and

other interested parties were contacted and requested to comment. A

letter of notification and a copy of the proposed rule were also sent

to the government of Mexico. Public notices announcing the publication

of the proposed rule were published in the Press-Enterprise in

Riverside County on October 12, 1993, and the San Diego Union Tribune

in San Diego County and the Orange County Register on October 13, 1993.

No request for a public hearing was received.

A total of seven written comments were received. Two commenters

supported the listing of these taxa. Two commenters neither supported

nor opposed the proposed listing. Three commenters opposed the proposed

listing. Information from a number of these comments has been

incorporated into the final rule. Eleven relevant issues were raised in

these comments and the Service's response to each is as follows:

Issue 1: One commenter stated that the estimate for remaining

southern maritime chaparral was too high and suggested that the

definition of southern maritime chaparral adopted by the Service, based

on Holland (1986), required modification.

Service Response: A range of estimates for remaining southern

maritime chaparral has been incorporated into the final rule. While the

exact amount of remaining southern maritime chaparral is not agreed

upon, the Service considers this plant association to be sensitive and

rare. The Service has coordinated with the CDFG, knowledgeable

biologists, and other parties in determining an appropriate definition

for southern maritime chaparral (Jim Dice, CDFG, T. Keeler-Wolf, D.

Kelly and P. Gordon-Reedy, pers. comms., 1993).

Issue 2: One commenter argued that Arctostaphylos glandulosa ssp.

crassifolia does not warrant protection under the Act because the

Service has failed to demonstrate that it is a distinct taxon. The

commenter claimed that there was no consensus within the scientific

community regarding this taxon. The commenter stated that the Service

did not clearly demonstrate that Knight's treatment (Knight 1981)

should be rejected over Wells (1987, 1993). The commenter questioned

the use of morphological variation in determining subspecific

classification. Additionally, the commenter claimed that it is unclear

whether the Scripps Ranch population of Arctostaphylos glandulosa is

representative of this taxon.

Service Response: A discussion regarding the taxonomic history of

this taxon is included under the ``Discussion of the Four Taxa''

section of this rule. The discussion in the proposed rule has been

expanded to increase clarity and address concerns included within this

comment. In determining the taxonomic status of any taxon, the Service

utilizes the best available information. Nearly all taxonomic

treatments published since the original description of Arctostaphylos

glandulosa ssp. crassifolia in 1922 recognize this taxon as distinct.

The two most recent treatments (Wells 1987, 1993) are the accepted,

peer reviewed treatments for this genus. This taxon is also recognized

as distinct in local floras (Beauchamp 1986) and other reports

regarding the status of the taxon (SEB 1993b).

The Service does not rely on Knight (1981) because this treatment

does not represent the best available information. As discussed under

the ``Background'' section of this rule, Knight did not substantiate

his claim that Arctostaphylos glandulosa ssp. crassifolia was of hybrid

origin between A. glandulosa and other unidentified species of

Arctostaphylos. Furthermore, Knight reversed his opinion in 1986 and

accepted A. g. ssp. crassifolia as valid (T. Oberbauer, pers. comm.,

1993; J. Bartel, pers. comm., 1994). Wells (1968, 1993) published in

peer-reviewed publications while Knight (1981) did not. Both Wells and

Knight applied morphological variation in determining the status of A.

g. ssp. crassifolia. While the Service acknowledges that other methods

(i.e., chemotaxonomy and genetic analysis) may be used as supplements

to morphological variation as available tools for taxonomic definition,

morphological variation has historically been the most widely accepted

basis for taxonomic distinction for all biological organisms.

Issue 3: One commenter claimed that historic losses of

Arctostaphylos glandulosa ssp. crassifolia were the result of taxonomic

confusion because of ``complete lack of consensus within the scientific

community.'' The commenter noted the taxon has only recently been

considered a distinct subspecies. The commenter also noted that the

California Native Plant Society rejected this taxon in their 1988

Inventory (Smith and Berg 1988) and that the Service determined in the

September 27, 1985, Notice of Review (50 FR 39528) that A. g. ssp.

crassifolia did not represent a distinct taxon. The commenter also

asserted that Federal recognition of this taxon has been lacking since

the 1985 notice.

Service Response: As discussed under the ``Background'' section,

this subspecies has been recognized as distinct for nearly 70 years.

This taxon was first described as a variety of A. glandulosa in 1922,

and has been widely recognized in taxonomic treatments since then

(McMinn 1939; Abrams 1951; Munz 1959, 1974; Wells 1968, 1987, 1993;

Beauchamp 1986). In 1985, the Service rejected this taxon based on the

most recent taxonomic treatment at that time. However, since that time,

floristic and monographic treatments by Beauchamp (1986) and Wells

(1987) recognized A. g. ssp. crassifolia as a distinct taxon. The

latter treatment detailed the taxonomic argument for retention of the

subspecies. The Service, following the criteria of the best available

information, reinstated the taxon to category 2 status in 1990. The

California Native Plant Society currently recognizes A. g. ssp.

crassifolia as a list 1B taxon (Skinner and Pavlik 1994). Plants

included on list 1B are considered rare and endangered in the State of

California and are eligible for State listing under California's Native

Plant Protection Act (chapter 10 section 1901) or the State Endangered

Species Act (Skinner and Pavlik 1994).

As discussed in this rule under ``Previous Federal Action,'' the

commenter is incorrect in asserting that the Service has not identified

this taxon as a candidate for protection under the Act since 1985. It

was published as a category 2 candidate species in the February 21,

1990, Plant Notice of Review (55 FR 6184) and as a category 1 candidate

in 1993. During the period between 1985 and 1990, Arctostaphylos

glandulosa ssp. crassifolia was widely recognized in environmental

documentation (Beauchamp 1986; Nelson 1988; Pacific Southwest

Biological Services 1990; Stephen Lacy,

[[Page 52375]]

Biological Resource Manager, ERCE, in litt., 1991; T. Oberbauer, pers.

comm., 1993). Based on the best available scientific and commercial

information, the Service finds A. g. ssp. crassifolia to be a taxon

eligible for listing under the Act.

Issue 4: Two commenters claimed that these taxa did not warrant

listing as endangered or threatened because the majority of their

populations are protected from development. One commenter dealt mainly

with a species now being withdrawn from consideration for listing.

Another commenter claimed that the report entitled ``Description,

Status, Distribution, and Conservation of Del Mar Manzanita

(Arctostaphylos glandulosa ssp. crassifolia)'' by Sweetwater

Environmental Biologists (SEB 1993b), rebuts the Service's finding that

listing of Del Mar manzanita is warranted. Based on this report, the

commenters stated that the majority of these individuals (76 percent)

occur within 7 of the 22 populations. Of these 7 major populations

(each containing over 500 individuals), the commenters claimed that 82

percent will be preserved, which accounts for 70 percent of the entire

taxon.

Service Response: Although these commenters evidently include

Baccharis vanessae, Chorizanthe orcuttiana, and Verbesina dissita

within the context of this comment, no specific discussion was included

regarding these taxa.

The Service has considered the findings of the SEB report (1993b)

in determining the status of Arctostaphylos glandulosa ssp.

crassifolia. SEB reported that there were about 17,000 individuals of

Del Mar manzanita distributed over 302 subpopulations within 24

populations in San Diego County from Oceanside south to La Jolla, and

inland to Scripps Ranch in the United States. SEB described the range

of this taxon as extending along the immediate coast of Baja

California, Mexico, south to Cabo Colonet about 200 km (124 mi) south

of the United States border.

Available data (Reid Moran, California Academy of Sciences, Philip

Wells, T. Oberbauer, pers. comms., 1992; and herbarium collections at

the San Diego Natural History Museum) indicate that the distribution of

this taxon in Mexico is limited. The Service has not been presented

with any evidence that Arctostaphylos glandulosa ssp. crassifolia

occurs farther south than Mesa Descanseo 40 km (25 mi) south of the

international border.

According to SEB (1993b), 22 of the 24 United States populations,

137 (45 percent) of the subpopulations and about 7,100 to 9,700

individuals (42 to 58 percent) of Arctostaphylos glandulosa ssp.

crassifolia are still extant. SEB (1993b) further states that of the

remaining individuals of this taxon, about 82 percent are proposed for

conservation, which includes about 35 percent on public lands and 48

percent on private lands.

SEB (1993b) identify seven major populations that contain about

three-fourths of all San Diego County Arctostaphylos glandulosa ssp.

crassifolia. The Service concurs with the assessment of six of these

populations and identifies the seventh population identified in SEB

(1993b) as moderately large. Service staff assessed this population at

fewer than 500 individuals in December 1993. The Service further

considers that both the size and the configuration of these populations

are important to the long-term viability of A. g. ssp. crassifolia.

Currently all seven of the populations identified as large in SEB

(1993b) are situated in natural blocks of vegetation greater than 40 ha

(100 ac) in size.

The number of individuals in the SEB (1993b) report is not

significantly different from, and generally conforms with, estimates

used by the Service in preparation of the proposed rule. However, SEB

(1993b) significantly overestimates the preserved population of

Arctostaphylos glandulosa ssp. crassifolia. The remarks and data

summary on Table 1 of the report are inconsistent--the data summary

indicates that about 18 percent of this taxon is threatened by

development, while the remarks section indicates that over 30 percent

of the A. g. ssp. crassifolia is currently threatened by development.

Although SEB (1993b) acknowledges that one of the major populations

located in the city of Carlsbad, California, consists of nearly 2,000

individuals, only about 750 of these are accounted for in Table 1. The

remaining 1,200 individuals are assumed to have been ``graded.''

However, these individuals are still extant and are threatened by the

implementation of a large scale development project. The Service

considers the loss of most of this population, which represents a

reduction of 10 to 15 percent of the United States populations of A. g.

ssp. crassifolia, to be a significant impact on this taxon. Nor is

public open space necessarily equivalent to protection, as indicated in

the SEB report. This is exemplified by clearing and mulching of

southern maritime chaparral east of Palomar Airport (Ken Cory, USFWS,

pers. comm., 1996) in an area identified as a public open space in

Table 1 of the SEB report.

Estimates for preservation in SEB (1993b) do not consider the

configuration of remaining occupied open space or edge effects

resulting from existing and proposed development. The majority of the

existing Arctostaphylos glandulosa ssp. crassifolia populations are

relics of larger historic populations. Nearly 50 percent of the

remaining populations, comprising about 10 to 14 percent of all

individuals of A. g. ssp. crassifolia, are in open space parcels that

are smaller than 20 ha (50 ac). While all populations of A. g. ssp.

crassifolia are important, the majority of these small, isolated, and

poorly configured populations are entirely within 60 m (200 ft) of, and

are often surrounded by, development. These population configurations

likely will not contribute significantly to the long-term preservation

of the taxon. All are subject to edge effects (i.e., invasion of exotic

plants, disturbances by local residents) and may be threatened by fuel

modification activities (i.e., fire breaks, discing, reduction through

thinning). The effect of isolation and habitat size reduction also

retards natural fire and successional cycles within the habitat of A.

g. ssp. crassifolia (Roberts 1993).

Of the larger and more significant populations of Arctostaphylos

glandulosa ssp. crassifolia, only one population is protected and

managed for long-term preservation (Torrey Pines State Park north).

However, this population is located within a 80 ha (200 ac) parcel that

is completely surrounded by development (Roberts 1993). Another

population (Crest View Canyon) is under public management; however,

about 50 percent of this population is located within 60 m (200 ft) of

development and is subject to edge effects (Roberts 1993). While

another population (upper end of Agua Hedionda) is also under public

management, it is subject to incremental clearing impacts as a result

of adjacent airport operations, road-widening activities, and clearing

related to mulching and agriculture (Roberts 1994; K. Cory, pers.

comm., 1996). This population is also bisected by numerous footpaths.

At least 15 percent of this population is situated within 60 m (200 ft)

of development (Roberts 1993).

Of the remaining four major populations, all are threatened in part

by development and will be further fragmented or isolated when projects

are completed. While the majority of one of these populations (Green

Valley,

[[Page 52376]]

Encinitas and Carlsbad) is proposed for conservation, three others, all

located within the City of Carlsbad, will be significantly reduced as a

result of proposed development. Two of these populations currently

contain nearly half of all individuals (about 3,000). After mitigation

is implemented for proposed development projects, these populations

will be reduced by about 50 percent and will be scattered over four

parcels of open space containing fewer than 20 ha (50 ac). A 20 ha (50

ac) parcel is not likely to insure long-term conservation of

Arctostaphylos glandulosa ssp. crassifolia. Additionally, the majority

of the surviving individuals will be situated within 60 m (200 ft) of

development and will likely be adversely affected by edge effects

(Roberts 1993, City of Carlsbad and Fieldstone/La Costa Associates

1994, OGDEN 1995a). Therefore the Service finds that the claim that 82

percent of this taxon is proposed for conservation and preservation is

not supported by available data. The best available data indicate that

while about 80 percent of the A. glandulosa ssp. crassifolia

populations are within dedicated open space, parks, or preserved areas

(about 30 percent of the total San Diego County populations are within

the Multiple Species Conservation Program (MSCP) preserve area), only

about 55 percent of the total populations are preserved when edge

effects and configuration of preserved areas are considered.

Issue 5: Two commenters stated that these taxa do not warrant

listing because existing regulatory mechanisms provided by the

California Environmental Quality Act (CEQA), County and City of San

Diego Resource Protection Ordinances (RPO's), and multispecies programs

including the State Natural Communities Conservation Plan (NCCP), and

local MSCP, Multiple Habitat Conservation Plan (MHCP), and the Carlsbad

Habitat Management Plan (HMP) provide adequate protection.

Service Response: Although the County and City of San Diego adopted

RPO's in 1991, many of the populations of these four taxa occur outside

the jurisdiction of these ordinances. For example, none of the major

populations of Arctostaphylos glandulosa ssp. crassifolia are within

the City of San Diego or on lands under County jurisdiction. Currently,

the Service is aware of 10 development projects that have recently been

approved or proposed that may eliminate nearly 50 percent of the

remaining Arctostaphylos glandulosa ssp. crassifolia. This rate of

decline is consistent with historical losses incurred over the last

decade. As indicated by the commentor, many RPO's protect steep slopes.

In addition, RPO's also apply to all biologically sensitive lands,

which are defined to include those lands that support sensitive

vegetation (San Diego Municipal Code Sec. 101.0462). The ordinance

further states that biologically sensitive lands shall be preserved in

their natural state and that any encroachment must be minimal and must

not adversely impact any rare, threatened or endangered species. This

presumably would include any sites containing populations of the

species listed herein.

The Service acknowledges that the NCCP, MSCP, MHCP, and HMP were

not adequately discussed in the proposed rule. Most of these programs

were in the early development stage at the time the rule was developed.

However, the Service has both monitored and actively participated in

coordinating the development of these programs as they have matured.

The MSCP in southern coastal San Diego County has proceeded to a

significant level. As a result of these planning efforts, one taxon

(Dudleya blochmaniae ssp. brevifolia) originally proposed as endangered

with the four subject taxa is being withdrawn (see separate concurrent

Federal Register notice), while another (Baccharis vanessae) is being

finalized as threatened instead of endangered. The Service considers

the mitigation proposed within the MSCP adequate for threats to

Baccharis vanessae and Arctostaphylos glandulosa ssp. crassifolia

within the MSCP subregion. However, both taxa have significant

populations outside this planning area. While other programs may

ultimately provide significant protection to the taxa considered

herein, at their current planning stages, the degree of conservation

afforded these taxa is uncertain and would not significantly alter the

Service position. A detailed discussion regarding these programs and

others has been incorporated into the final rule under Factor D (``The

inadequacy of existing regulatory mechanisms''). Verbesina dissita does

not occur in San Diego County and is not subject to the MSCP, MHCP, or

the HMP planning efforts.

Issue 6: One commenter stated that while the Service asserted that

State and local regulatory controls are inadequate to protect these

plant taxa, the Service failed to demonstrate how Federal listing will

provide further protection. The commenter noted that the Endangered

Species Act provides no direct protection to listed plants on private

lands. Specifically, the commenter discussed how Federal listing would

not provide Arctostaphylos glandulosa ssp. crassifolia, which occurs

primarily on private lands, additional protection in the two examples

cited in the proposed rule.

Service Response: The Service is required to determine whether any

species qualifies for listing as endangered or threatened based on a

review of the five factors listed under Section 4 of the Act. The

Service acknowledges that the level of protection provided for listed

plant species is not equivalent to the protection accorded federally

listed animal species. Impacts to listed plant species are addressed

through consultation with other Federal agencies when a Federal action

is involved. While Federal actions may be limited on private lands,

some protection may be afforded through this process. For example, in

autumn of 1993, the United States Army Corps of Engineers (Corps)

initiated conferencing regarding the proposed impacts of a large-scale

development project on a significant population of Arctostaphylos

glandulosa ssp. crassifolia. The conferencing process resulted in

improved preservation of that taxon.

When assessing a habitat conservation plan under section

10(a)(1)(B) of the Act, the Service must conduct an internal

consultation pursuant to section 7 of the Act to determine whether

approval of the plan will jeopardize any federally proposed or listed

plant or animal species. Additionally, ``take'' of federally listed

plant species is prohibited under Federal law in circumstances where a

State law is violated, such as a violation of the provisions of CEQA or

the California Endangered Species Act.

Federal listing also provides a significant degree of recognition

by State and local agencies and private landowners which may result in

increased protection. Survey requirements and conservation guidelines

for listed and non-listed species differ considerably under the State

Coastal Protection Act, CEQA, RPO's and other local conservation

regulations. Frequently, unlisted rare species are inadequately

surveyed or given inadequate protection under these processes.

Issue 7: One commenter claimed that listing these taxa would have a

negative effect on current multispecies planning efforts.

Service Response: The Service is required to determine whether any

species is endangered or threatened based on the applicability of the

five

[[Page 52377]]

factors listed under Section 4(a)(1) of the Act. While the Service

supports the intent of multispecies planning efforts to avoid or reduce

the need for future listing actions within designated planning areas,

significant populations of the four taxa discussed herein are outside

approved or nearly completed multispecies conservation plan areas

(MSCP), or not adequately protected within approved plans (i.e.,

Verbesina dissita within the Central Coastal subregion of Orange

County). Two of the four taxa are considered covered species under the

MSCP (Arctostaphylos glandulosa ssp. crassifolia and Baccharis

vanessae). Future impacts to these taxa within the MSCP have been

considered and are addressed through planned preservation or management

for plan participants throughout the subregion (see Available

Conservation Measures). Thus listing these three taxa will not have a

negative effect on current planning efforts. Chorizanthe orcuttiana is

extremely rare and not considered adequately conserved by the MSCP.

Federal and State listing actions frequently drive multispecies

planning efforts and offer guidance to these conservation efforts, many

of which are voluntary. Well-designed multispecies conservation plans

must consider a wide range of sensitive species and their habitats. The

necessity for additional listings indicate that these goals have not

yet been met as indicated in the discussion under Factor D.

Issue 8: One commenter thought that the Service should designate

critical habitat for all four taxa included in this rule, stating that

critical habitat designation would support the mapping efforts and

recommendations of the City of San Diego's MSCP, and that critical

habitat should include all remaining southern maritime chaparral.

Commenters noted that the locations of most of these taxa are available

to the public through environmental impact reports, rebutting the

Service's argument that the designation of critical habitat was not

prudent since this would increase the likelihood of vandalism (i.e.,

habitat destruction) by revealing precise locations.

Service Response: The Service acknowledges that available public

environmental documentation has already disclosed the location of many

populations of the four taxa. The Service finds that designation of

critical habitat is not prudent because it would not be beneficial to

any of these four taxa. Critical habitat is only applicable to actions

that have a Federal nexus. Any Federal action that may affect a listed

species or designated critical habitat is addressed through section 7

of the Act, which requires a Federal agency to consult with the Service

to determine if the action is likely to jeopardize a species or result

in destruction or adverse modification of critical habitat. Of the four

taxa, only Chorizanthe orcuttiana (historically) and Baccharis vanessae

occur on Federal lands, and none are associated with wetlands which

receive protection under section 404 of the Clean Water Act. It is

anticipated that few of the remaining populations will be affected by

actions of Federal agencies.

Issue 9: The Service should consider economic effects in

determining whether to list these taxa under the Endangered Species

Act.

Service Response: In accordance with section 4(b)(1)(A) of the Act,

and 50 CFR 424.11(b) of the implementation regulations, listing

decisions are made solely on the basis of the best available scientific

and commercial information, without reference to possible economic or

other impacts of such a determination.

Issue 10: One commenter stated that collection is not a threat to

any of the four taxa.

Service Response: As discussed under Factor B (``Overutilization

for commercial, recreational, scientific or educational purposes''),

Chorizanthe orcuttiana is threatened by overcollection because of

limited population size, horticultural appeal, and the relative ease of

access to remaining sites.

Issue 11: Two commenters requested that a qualified party perform

scientific peer review to reconcile the status of Del Mar manzanita as

a distinct subspecies, and one suggested that the Service reopen the

comment period to facilitate this review.

Service Response: As discussed in the Background section,

disagreements over the taxonomic status of this species between Wells,

the primary expert on the species, and Knight, who once proposed that

the subspecies was not distinct, have been resolved in peer-reviewed

publications.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act and regulations (50 CFR

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

set forth the procedures for adding species to the Federal lists. A

species may be determined to be an endangered or threatened species due

to one or more of the five factors described in section 4(a)(1). The

threats facing these four taxa are summarized in Table 1.

Table 1.--Summary of Threats

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

Develop. Limited

Trampling Alien plants Fire control activity numbers

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

Arctostaphylos glandulosa ssp. crassifolia X X X X ............

Baccharis vanessae........................ X X X X X

Chorizanthe orcuttiana.................... X X ............ X X

Verbesina dissita......................... ............ ............ X X ............

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

These factors and their application to Arctostaphylos glandulosa Eastw.

ssp. crassifolia (Jeps.) Wells (Del Mar manzanita), Baccharis vanessae

Beauchamp (Encinitas baccharis), Chorizanthe orcuttiana Parry (Orcutt's

spineflower), and Verbesina dissita Gray (big-leaved crown-beard) are

as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. One of the four taxa herein

(Chorizanthe orcuttiana) is restricted to the south-central coast of

San Diego County, California. Baccharis vanessae extends inland 32 km

(20 mi) and north to the Santa Margarita Mountains of northern San

Diego County. Arctostaphylos glandulosa ssp. crassifolia extends from

the south-central coast of San Diego County south into northwestern

Baja California, Mexico. Verbesina dissita occurs in two disjunct

populations, one in coastal southern Orange County and one along the

coast in northwestern Baja California, Mexico. The most imminent threat

facing all four taxa and their associated habitats is the ongoing and

threatened destruction and modification of habitat by one or more of

the following--urban development, agricultural development,

recreational

[[Page 52378]]

activities, trampling, and fuel modification activities.

Arctostaphylos glandulosa ssp. crassifolia (Del Mar manzanita) is

restricted to sandstone-derived soils along the south-central coast of

San Diego County, extending south to Mesa el Descanseo 40 km (25 mi)

south of the United States border, Baja California, Mexico. This taxon

is restricted almost exclusively to southern maritime chaparral and is

considered to be an indicator species for this plant community.

Estimates indicate that between 82 and 93 percent of southern maritime

chaparral vegetation in San Diego County has been lost as a result of

urban and agricultural development (Oberbauer and Vanderwier 1991;

OGDEN 1993; D. Hogan, in litt., 1993). Between 1980 and 1990, the

population of San Diego County increased by more than 600,000 people.

Most of this increase occurred on or near the coast at sites

historically occupied, in part, by southern maritime chaparral. About

140 to 180 ha (300 to 450 ac) (12 to 30 percent) of southern maritime

chaparral is currently located within approved or proposed developments

in San Diego County (RECON 1987, Roberts 1992, SEB 1993a; D. Hogan, in

litt., 1993; Gail Kobetich, USFWS, in litt., 1993). Less than 30

percent of the remaining southern maritime chaparral is preserved in

parks (e.g., Torrey Pines State Park) with long-term management for

conservation.

While 25 of 26 populations of Arctostaphylos glandulosa ssp.

crassifolia are still extant in part, the majority of these populations

have been greatly reduced and significantly fragmented by urban and

agricultural development, most of which has occurred since 1982. About

a 50 percent decline in the number of stands and the number of

individuals has occurred since 1982 (Roberts 1993, SEB 1993b). Of the

remaining individuals, the majority are distributed in highly

fragmented habitat along the margins of residential development.

Over 75 percent of Arctostaphylos glandulosa ssp. crassifolia in

the United States occurs within 6 concentrations located in Carlsbad,

Encinitas, Del Mar, and Torrey Pines State Park. Four of the six

populations, located in Carlsbad and Encinitas, are threatened in part

by approved or proposed development projects. These projects will

result in the elimination of over 1,900 individuals (over 35 percent)

of A. g. ssp. crassifolia that occurs within these 6 populations

through direct impacts. Furthermore the additional loss of 1,000

individuals (20 percent) will likely result from indirect impacts such

as fuel modification and edge effects (Roberts 1993, SEB 1993a).

Several of the smaller populations of A. g. ssp. crassifolia in

Encinitas, Carlsbad, Carmel Valley and on Carmel Mountain are also

threatened by development and associated indirect impacts (Roberts

1992, SEB 1993b).

The status of Arctostaphylos glandulosa ssp. crassifolia and its

habitat in extreme northwestern Baja California, Mexico, are not well

documented. However, this species only extends some 40 km (25 mi) south

of the United States border. This region represents one of the most

severely impacted areas in Baja California. Many of the same factors

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

this taxon in the United States are also clearly having an impact south

of the border (Oberbauer 1992).

Chorizanthe orcuttiana (Orcutt's spineflower) is restricted to

exposed sandy soils at two sites in coastal south-central San Diego

County. One site, located at Torrey Pines State Park, is protected.

However, this population has not been seen since 1987 (T. Oberbauer,

pers. comm., 1992). The only currently known population is within Oak

Crest Park in Encinitas, and this population is threatened by proposed

recreational facilities (see Factor D). The reduction of the southern

maritime chaparral in the park will have a significant impact on the

long-term viability of the only existing C. orcuttiana population.

Estimates indicate that between 82 and 93 percent of southern maritime

chaparral vegetation in San Diego County has been lost as a result of

urban and agricultural development (Oberbauer and Vanderwier 1991;

OGDEN 1993; D. Hogan, in litt., 1993).

Baccharis vanessae (Encinitas baccharis) is associated with dense

mixed chaparral and southern maritime chaparral. Fourteen populations

(and one isolated individual) currently exist. Seven of these remaining

populations are threatened by development projects. Five populations

are in the Del Dios Highlands within the Rancho Cielo project area.

Three of these are threatened by urban development and a golf course

(CDFG 1992). Clearing vegetation in 1991 and 1992 and application of

herbicides in 1993, in combination with a serious fire in 1990, may

already have eliminated some of these plants. Two other populations

near Lake Hodges have been identified as threatened by proposed

developments (CDFG 1992) or inundation from a proposed water storage

facility (OGDEN 1995b).

In the United States, Verbesina dissita (big-leaved crown-beard) is

restricted to rugged coastal hillsides and canyons in southern maritime

chaparral and, to a lesser extent, coastal sage scrub and mixed

chaparral, along a 3.2 km (2 mi) stretch of coastline in Laguna Beach,

Orange County. Although some populations extend into Aliso-Woods

Regional Park, the majority of the remaining populations are on private

land and these populations are threatened by residential development

and fuel modification activities (CDFG 1992).

Residential development and fuel modification activities continue

to incrementally impact the main Laguna Beach population of Verbesina

dissita (CDFG 1992). At least four residences were built directly on V.

dissita plants after its State-listing as a threatened species in 1989.

Although the individual houses eliminated a relatively small number of

plants, local ordinances require the creation of a fuel modification

zone up to 46 m (150 ft) from the residence (Richard Drewberry, Laguna

Beach Fire Department, pers. comm., 1991). Over 20 percent of V.

dissita occurrences are within 46 m (150 ft) of residential

development. If these ordinances are fully implemented, a significant

portion of this species in the United States would be eliminated. In

1984, a fuel break was cut through one population on Temple Hill. The

species normally persists in relatively dense brush, although it is

known to respond favorably to some clearing and fires. The plants in

the fuel break began to decline after four years (Fred Roberts, USFWS,

pers. obs., 1992). In 1991, the City of Laguna Beach used goats to

clear fuel breaks despite objections that the goats could potentially

consume rare plant species (Dr. Peter Bowler, University of California,

Irvine, pers. comm., 1992). The City of Laguna Beach has indicated that

many areas containing dense brush adjacent to residential development

will be cleared (R. Drewberry, pers. comm., 1991). These areas are

occupied in part by V. dissita. One development completed in 1989 has

placed irrigation and hydromulching over one population. Verbesina

dissita is not expected to persist with overwatering and competition

from Atriplex semibaccata (Australian saltbush), which is frequently

used in landscaping along the borders of development (F. Roberts, pers.

obs., 1992).

The remaining habitat of Verbesina dissita in the United States is

relatively contiguous. However, several developments have been proposed

that will reduce and further fragment this rare vegetation association.

Only 20 percent of the habitat is preserved (i.e., in Aliso-Woods

Canyon Regional Park).

[[Page 52379]]

The majority of Verbesina dissita populations occur south of the

United States-Mexican border in coastal, northwestern Baja California,

where it occurs in vegetation associations similar to those found in

Laguna Beach, California. The status of V. dissita and its habitat in

Mexico are not well documented. According to one prominent researcher,

the distribution of V. dissita in Mexico is spotty (R. Moran, pers.

comm., 1992). Over 20 populations are known between Punta Descanseo and

San Telmo near Cabo Colonet (Roberts 1988). A survey of historic

localities in 1988 between Punta el Descanseo and Punta Santo Tomas

determined that over 25 percent of these localities had been urbanized

or converted to agriculture. Four separate localities are known from

Punta Bunda just south of Ensenada. However, three of these are

threatened by changes in land use from relatively pristine conditions

in 1987 to extensive clearing in addition to rural condominium

development in 1990 (F. Roberts, memo to file, 1992). Many of the same

factors threatening the species in the United States (i.e., urban and

agricultural development) are threatening this species in Mexico as

well (Oberbauer 1992).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Some taxa have become vulnerable to collecting by

curiosity seekers as a result of increased publicity following the

publication of listing proposals. Chorizanthe orcuttiana is highly

restricted and is vulnerable to over-collection because of its rarity.

Some professional and amateur botanists are known to favor collection

of rare species, either to have examples in their collection or because

these specimens are valuable to trade with other institutions.

C. Disease or predation. Disease is not known to be a factor for

any of the taxa. Although swollen galls on the stems of Baccharis

vanessae indicate parasitism by a moth or butterfly (Beauchamp 1980),

insect predation of the four taxa is not well understood.

D. The inadequacy of existing regulatory mechanisms. Existing

regulatory mechanisms that may provide some protection for

Arctostaphylos glandulosa ssp. crassifolia, Baccharis vanessae,

Chorizanthe orcuttiana, and Verbesina dissita include--(1) the

California Endangered Species Act (CESA); (2) the California

Environmental Quality Act (CEQA); (3) the California Natural Community

Conservation Planning Program (NCCP), which includes the San Diego

Multiple Species Conservation Plan (MSCP), Multiple Habitat

Conservation Plan (MHCP), and Carlsbad Habitat Management plan (HMP);

(4) the Federal Endangered Species Act in those cases where these taxa

occur in habitat occupied by other listed species; (5) conservation

provisions under the Federal Clean Water Act; (6) land acquisition and

management by Federal, State, or local agencies, or by private groups

and organizations; and (7) local laws and regulations.

State Laws and Regulation:

Pursuant to the Native Plant Protection Act (chapter 10 section

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

Endangered Species Act (chapter 1.5 section 2050 et seq. of the Fish

and Game Code), the California Fish and Game Commission listed

Baccharis vanessae as endangered in 1987 and Chorizanthe orcuttiana in

1979. Verbesina dissita was listed as threatened by the State of

California in 1989. Although both statutes prohibit the ``take'' of

State-listed plants (chapter 10 section 1908 and chapter 1.5 section

2080), some projects do not comply with State law. As an example, in

1992, V. dissita plants in Laguna Beach were removed without the

State's knowledge (Ken Berg, CDFG, pers. comm., 1992).

Local lead agencies empowered to uphold and enforce the regulations

of the CEQA have made determinations that have or will adversely affect

these taxa and their southern maritime chaparral habitat. The CEQA

requires that a project proponent publicly disclose 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

the project. Required biological surveys are often inadequate and

project proponents may disregard the results of surveys if occurrences

of sensitive species are viewed as a constraint on project design.

Mitigation measures used to condition project approvals are often

experimental and fail to adequately guarantee protection of sustainable

populations of the taxa considered herein. CEQA decisions are also

subject to overriding social and economic considerations.

To illustrate, the environmental documentation for a large-scale

development project in Carlsbad did not include sufficient surveys for

Chorizanthe orcuttiana or Baccharis vanessae (Pacific Southwest

Biological Services 1990; Larry Sward, SEB, in litt., 1993), although

the only currently known population of C. orcuttiana occurs in

Encinitas, less than 3.2 km (2 mi) distant, and one of the largest

populations of B. vanessae occurs on an adjacent parcel. One of the

largest populations of Arctostaphylos glandulosa ssp. crassifolia also

occurs within this project site. Although impacts to this taxon were

identified as significant under the CEQA, the adopted mitigation

measures were considered to be insufficient (S. Lacy, in litt., 1991).

In another project within the City of Carlsbad, the elimination of a

population of A. g. ssp. crassifolia was not considered to be a

significant impact, even though the taxon was a Federal category 2

candidate for listing at the time (M.F. Ponseggi and Associates 1993).

Impacts to category 2 candidates were considered significant under the

CEQA prior to 1996 revisions in candidate policy that eliminated

category 2 ranking (61 FR 7596; February 28, 1996).

Moreover, transplantation is frequently used to mitigate for the

loss of rare plant species; however, it has yet to be demonstrated to

provide for long-term viability of any of the four taxa. Several

attempts at transplanting Baccharis vanessae and Arctostaphylos

glandulosa ssp. crassifolia have been reported by Hall (1987). Attempts

to transplant B. vanessae at Quail Botanical Garden and at San Dieguito

County Park failed shortly after the monitoring period ended. Six years

after individuals of A. g. ssp. crassifolia were transplanted at Quail

Botanical Garden, 75 percent of the plants had died.

Regional Planning Efforts

In 1991, the State of California established the NCCP program to

address conservation needs throughout the State. The focus of current

planning programs is the coastal sage scrub community in southern

California, although other vegetation communities are being addressed

in an ecosystem-level approach. Southern maritime chaparral and the

four taxa are currently being considered under the MSCP, MHCP, and the

Orange County Central Coastal NCCP programs. The MHCP, which will

include the Carlsbad HMP program, is still in the early developmental

phase and thus it is uncertain to what degree it will be successful in

providing protection for these taxa.

The NCCP for the Central and Coastal Subregion of Orange County was

approved in July of 1996. Only one of the four taxa (Verbesina dissita)

occurs within the Central/Coastal NCCP. While the entire population of

this species in

[[Page 52380]]

the United States is within this subregion, only about 10 percent of

the species'' distribution is protected by the Central/Coastal Plan.

The species is not adequately conserved, nor is it considered a

``covered species'' under the plan. Covered species are those species

that have been adequately considered in terms of long-term preservation

within a Habitat Conservation Planning Area or NCCP subregion. Under an

agreement with the participants, CDFG, and the Service, future

potential impacts for covered species are considered adequately

addressed through proposed preservation, mitigation, and management.

Since the publication of the proposed rule, the MSCP, a regional

planning effort in southwestern San Diego County, has been finalized

and submitted to the Service as part of an application for a section

10(a)(1)(B) incidental take permit for 85 species, including

Arctostaphylos glandulosa ssp.0 crassifolia and Baccharis vanessae. The

Service and the City of San Diego have jointly prepared a Recirculated

Environmental Impact Report/Environmental Impact Statement, Issuance of

Take Authorizations for Threatened and Endangered Species due to Urban

Growth within the Multiple Species Conservation Program (MSCP) Planning

Area. This document, released on August 30, 1996, for a 45-day public

review period, assesses the effects of land-use decisions that will be

made by local jurisdictions to implement the plan and the effects of

the proposed issuance of the incidental take permit on the 85 species.

A decision on the permit issuance is expected in late 1996.

The MSCP will, upon approval, set aside preservation areas and

provide monitoring and management for the 85 ``covered species''

addressed in the permit application, including Arctostaphylos

glandulosa ssp. crassifolia and Baccharis vanessae. ``Covered species''

are taxa that will be adequately conserved by the plan's proposed

preservation and management. About 30 percent of the A. g. ssp.

crassifolia population (without consideration to edge effect) is

protected within the MSCP (about 90 percent of the species' total

populations are within the subregion) and about 45 percent of B.

vanessae populations are protected within the MSCP (about 70 percent of

the total populations are within the subregion). While all threats have

not been eliminated for these two taxa within the subregion, the

Service believes that future potential impacts will be adequately

addressed by management incorporated into the final MSCP agreement.

Project proponents in areas outside the MSCP subregion will be required

to coordinate with the Service on these taxa where applicable.

Federal Laws and Regulations

The Endangered Species Act may already afford protection to

candidate or other sensitive species if they co-exist with species

already listed as threatened or endangered under the Act. Although the

coastal California gnatcatcher (Polioptila californica californica) is

listed as threatened under the Act and overlaps with the range of the

taxa considered herein, the coastal California gnatcatcher primarily

utilizes a different habitat (coastal sage scrub). Additionally, under

provisions of section 10(a) of the Act, the Service may permit the

incidental ``take'' of the gnatcatcher during the course of an

otherwise legal activity provided that the taking will not appreciably

reduce the likelihood of its survival and recovery in the wild.

Projects developed with authorization for take of the coastal

California gnatcatcher may, however, contribute to the decline of

Arctostaphylos glandulosa ssp. crassifolia, Baccharis vanessae and

Chorizanthe orcuttiana in areas where the project area includes both

coastal sage scrub and southern maritime chaparral.

Some protection has been afforded to these taxa through section 404

of the Clean Water Act (G. Kobetich, in litt., 1993). However, since

the majority of these taxa occur in upland habitat or in isolated and

fragmented parcels, it is unlikely that actions affecting the taxa will

require section 404 permits.

Land Acquisition and Management

Land acquisition and management by State or local agencies or by

private groups and organizations have contributed to the protection of

some localities containing the taxa included in this rule. However, as

discussed below, these efforts are inadequate to assure the long-term

survival of these four taxa. For example, Torrey Pines State Park and

Crest Canyon Preserve (Del Mar) contain significant populations of

Arctostaphylos glandulosa ssp. crassifolia. While Torrey Pines State

Park is managed for long-term preservation of biological resources, the

populations within the park contain less than 20 percent of the

remaining A. g. ssp. crassifolia individuals. The populations of this

taxon in Crest Canyon Preserve Park are affected by trampling

associated with recreational activities and edge effects (see Factor

E). A small population of A. g. ssp. crassifolia located within San

Dieguito County Park is also threatened by edge effects and trampling

from recreational activities.

Three of the species considered within this rule (Arctostaphylos

glandulosa ssp. crassifolia, Baccharis vanessae, and Chorizanthe

orcuttiana) occur within Oak Crest Park in Encinitas. While this park

is under public ownership and management, these plants are threatened

by the construction of recreational facilities, invasive exotics, and

trampling (see Factors A and E).

A single population of Baccharis vanessae is known from the

Cleveland National Forest in the Santa Margarita Mountains (S. Boyd,

Rancho Santa Ana Botanical Garden, in litt., 1992). While this

population is protected in part because it is isolated, it represents

less than 10 percent of the known populations of this species. In

Orange County, Verbesina dissita extends into Aliso-Woods Canyons

Regional Park. However, this park encompasses less than 10 percent of

the known populations of the species. Additionally, while this county

regional park is, in part, managed for biological conservation, V.

dissita is threatened by fuel modification (i.e., thinning, mechanical

clearing, and irrigation) and exotic vegetation replacement at the park

boundary.

These plant taxa also occur in ``dedicated'' open space frequently

in association with development projects. These areas are often

specifically set aside for conservation as required by local and county

project approvals and/or the CEQA, and are managed by private

organizations, individuals, corporations, or local jurisdictions.

However, open space dedications do not incorporate the principles of

conservation biology. Many are inadequately configured, or are too

small for the long-term preservation of these taxa (see Factor E).

County open space designations within General Development Plans are

subject to amendments and, therefore, cannot be considered as permanent

conservation.

Local Laws, Regulations, and Ordinances

The four taxa in this rule have been identified as sensitive under

various local laws, regulations and ordinances. However, development

projects continue to be approved and implemented with designs that do

not preserve populations or habitat for the taxa considered herein.

Currently, the Service is aware of 10 approved or proposed development

projects that will directly or indirectly impact about 3,000

[[Page 52381]]

individuals of Arctostaphylos glandulosa ssp. crassifolia. While these

projects have been or currently are subject to review under existing

local regulatory mechanisms and conservation plans, this taxon is still

declining rapidly. Management and recovery become increasingly

difficult as options for preservation are reduced.

Existing local land-use regulations have failed to protect these

taxa as exemplified by Oak Crest Park in Encinitas. Although a portion

of the park was originally set aside for conservation purposes by the

County of San Diego (D. Hogan, in litt., 1991; T. Oberbauer, pers.

comm., 1992), recreational development has eliminated southern maritime

chaparral habitat and individuals of Arctostaphylos glandulosa ssp.

crassifolia, Baccharis vanessae, and Chorizanthe orcuttiana. One area

recently developed included a natural preserve area set aside under an

agreement between the City and the California Coastal Commission.

Current recreational development plans for Oak Crest Park, including

the construction of a community center, swimming pool and numerous

walking paths, will impact two of these taxa (A. g. ssp. crassifolia

and B. vanessae). The proposed development will reduce the B. vanessae

population and the extent of southern maritime chaparral within the

park by approximately one-third (David Wigginton, City of Encinitas

Community Services, pers. comm., 1992).

Another example demonstrating how existing regulatory mechanisms

are inadequate is provided by a project in the City of Carlsbad that

was originally approved circa 1980. The project area contained the

northernmost known population of Arctostaphylos glandulosa ssp.

crassifolia and a significant stand of southern maritime chaparral.

When a city official was approached by the project proponent in 1992,

the city informed the proponent that the existing CEQA documentation

was inadequate and that additional biological surveys would be

required. Despite this finding, the proponent was able to obtain

grading permits to clear the land without additional documentation

(Terri Stewart, CDFG, pers. comm., 1992).

Several development projects have proceeded without adequate

surveys for Chorizanthe orcuttiana (City of Carlsbad and Fieldstone/La

Costa Associates 1994). Arctostaphylos glandulosa ssp. crassifolia has

been considered in the majority of these plans; however projects have

recently been proposed and approved that have or will directly or

indirectly eliminate nearly half of the population within these

planning areas (SEB 1993a, 1993b). Because A. g. ssp. crassifolia has

already declined by about 50 percent over the last decade, these

additional significant losses will contribute to the further decline of

this taxon and may affect its recovery (Roberts 1993; SEB 1993b; G.

Kobetich, in litt., 1993). Although the only extant population of C.

orcuttiana is on public land within the jurisdiction of the MHCP, no

protection measures have been developed or implemented for this

population. Several important populations of Baccharis vanessae are

threatened by current project proposals that will reduce the

effectiveness of the MHCP, when developed, to adequately stabilize

populations within the subregion (OGDEN 1995a; D. Hogan, in litt.,

1991; D. Wigginton, pers. comm., 1992). The additional recognition that

results from listing is expected to generate additional efforts in

providing for the long-term preservation of these four taxa.

Laws and Regulation in Mexico

The range of Arctostaphylos glandulosa ssp. crassifolia and

Verbesina dissita continues south along the Pacific coast into

northwestern Baja California, Mexico. Mexico has laws that presumably

provide protection to rare plants; however, enforcement of these laws

is lacking (USFWS 1992b).

In summary, although most of these taxa are receiving at least some

protection through existing regulatory mechanisms, threats continue to

adversely affect the taxa, as indicated by their declining status.

E. Other natural or manmade factors affecting their continued

existence. At least two of the taxa (Baccharis vanessae and Chorizanthe

orcuttiana) may be threatened by a risk of extinction from naturally

occurring events because of their restricted distribution and small

population size. Genetic viability can be reduced in small populations,

making them less adaptable to changes in the environment. The potential

for extirpation by virtue of their small population sizes can be

exacerbated by natural causes such as drought or fire. For example, the

impact of fire on Baccharis vanessae is not fully understood, yet a

1,200 ha (3,000 ac) fire in the Del Dios highlands burned four of the

known populations in September 1990 (CDFG 1992, Los Angeles Times

1992). Many populations are now in close proximity to residential

development, and are threatened by edge effects including fuel

modification activities, fire suppression, the invasion of exotic plant

species, and increased human activities associated with nearby

urbanization. Additionally, unidentified pollinators or seed-dispersal

agents for these taxa may also be impacted by development.

Habitat fragmentation and isolation, in addition to fuel

modification, threaten the taxa in areas adjacent to residential

development. For example, nearly 15 percent of extant Arctostaphylos

glandulosa ssp. crassifolia occurs in small, fragmented, and isolated

parcels of open space (Roberts 1993). Of the six largest populations of

this taxon, 20 percent of the individuals are within 60 m (200 ft) of

existing development and are threatened by edge effects (Roberts 1993,

SEB 1993a). This is exemplified by Crest Canyon Preserve, where nearly

50 percent of the approximately 1,000 individuals of A. g. ssp.

crassifolia are within 60 m (200 ft) of development. Arctostaphylos

glandulosa ssp. crassifolia is also threatened by trampling where

trails have been cut through populations by recreationalists and farm

workers (Hogan 1990; CDFG 1992; F. Roberts and E. Berryman, USFWS,

pers. obs.).

Conflicts between fire management and preservation arise when

insufficient buffers exist between sensitive biological resources and

residential dwellings. A recent example includes clearing of about 1 ha

(2 ac) of southern maritime chaparral adjacent to a new residential

development in Carlsbad in June 1992.

Baccharis vanessae is limited to small numbers, comprising only 14

extant populations containing about 2,000 individuals. No population is

known to have over 300 individuals and 5 of these populations have

fewer than 6 individuals. One individual has been discovered on the

western slopes of Carmel Mountain.

Chorizanthe orcuttiana, known from a single locality, is the most

vulnerable of the four taxa. This species is threatened by trampling by

farm workers and recreationalists because of its small size and its

preference for open areas, which tend to attract foot traffic through

otherwise dense chaparral vegetation (F. Roberts and E. Berryman, pers.

obs.). The only known site could be eliminated in a single event if a

particularly large number of people were to walk through and trample

the population. Exotic grass and weed species are also threatening the

population.

All four taxa are potentially threatened by the interruption of the

natural fire cycle. Fragmentation has rendered individual populations

more susceptible to fire events that may either

[[Page 52382]]

occur too frequently or be suppressed too long to maintain a healthy

southern maritime chaparral habitat.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

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

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

Arctostaphylos glandulosa ssp. crassifolia and Chorizanthe orcuttiana

as endangered. These taxa are in danger of extinction throughout all or

a significant portion of their ranges due to habitat alteration and

destruction resulting from urban, recreational and agricultural

development; fuel modification activities; trampling by farm workers

and recreational activities; inadequacy of existing regulatory

mechanisms; naturally occuring events due to limited populations; and

competition from exotic plant species. For the reasons discussed below,

the Service finds that Verbesina dissita and Baccharis vanessae are

likely to become endangered within the foreseeable future throughout

all or a significant portion of their range. Although V. dissita is

extremely threatened in the United States by development and fuel

modification activities, the status of this species in Baja California,

Mexico, is considerably better due to a larger number of extant

populations. However, it is still threatened by similar activities in

Mexico. Therefore the preferred action is to list V. dissita as

threatened. While nearly half of the known B. vanessae populations

continue to be at risk from urban development, inundation from a

proposed water storage facility, and fire management methods, the

species is not in immediate danger of extinction. The Service therefore

revises the preferred action for B. vanessae from listing as endangered

in the original proposed regulation to listing as threatened in this

final rule. In addition, the MSCP in San Diego County will offer

significant management and preservation for about half of the

populations upon its authorization. Critical habitat is not being

proposed for these taxa for the reasons discussed below.

Critical Habitat

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

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

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

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

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

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

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

a determination that such areas are essential for the conservation of

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

procedures needed to bring the species to the point at which listing

under the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for the taxa

discussed in this rule at this time. Service regulations (50 CFR

424.12(a)(1)) state that designation of critical habitat is not prudent

when one or both of the following situations exist--(1) the species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of such threat

to the species; or (2) such designation of critical habitat would not

be beneficial to the species.

As discussed under Factor B, Chorizanthe orcuttiana is particularly

threatened by taking, specifically overcollecting, an activity

difficult to regulate and enforce. Taking is only regulated by the Act

with respect to plants in cases of (1) removal and reduction to

possession of federally listed plants from lands under Federal

jurisdiction, or their malicious damage or destruction on such lands;

and (2) removal, cutting, digging-up, or damaging or destroying in

knowing violation of any State law or regulation, including State

criminal trespass law. The publication of precise maps and descriptions

of critical habitat in the Federal Register would make these plants

more vulnerable to incidents of collection or vandalism and, therefore,

could contribute to the decline of this species.

Critical habitat designation provides protection only on Federal

lands or on private lands when there is Federal involvement through

authorization or funding of, or participation in, a project or

activity. Of the taxa discussed herein, only one population of

Baccharis vanessae is known to occur on Federal lands. All Federal and

state agencies and local planning agencies involved have been notified

of the location and importance of protecting the habitat of these taxa.

Protection of their habitat will be addressed through the recovery

process and through the section 7 consultation process. Section 7(a)(2)

of the Act requires Federal agencies, in consultation with the Service,

to ensure that any action authorized, funded, or carried out by such

agency, does not jeopardize the continued existence of a federally

listed species, or does not destroy or adversely modify designated

critical habitat. The taxa in this rule are all confined to small

geographic areas and each population is composed of so few individuals

that the determinations for jeopardy and adverse modification would be

similar. Therefore, designation of critical habitat provides no

additional benefit beyond those that these taxa would receive by virtue

of their listing as endangered or threatened species and likely would

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

human activities. The Service finds that designation of critical

habitat is not prudent for these taxa at this time.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing encourages and

results in conservation actions by Federal, State, and local agencies,

private organizations, and individuals. The Act provides for possible

land acquisition from willing sellers and cooperation with the States

and requires that recovery actions be carried out for all listed

species. The protection required of Federal agencies and the

prohibitions against certain activities involving listed plants are

discussed, in part, below.

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

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

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

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

Service on any action that is likely to jeopardize the continued

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

adverse modification of proposed critical habitat. If a species is

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

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

likely to jeopardize the continued existence of the species or destroy

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

affect a listed species or its critical habitat, the responsible

Federal agency must enter into formal consultation with the Service.

[[Page 52383]]

Although only one of the four taxa (Baccharis vanessae at the

Olivenhein Water Storage Facility) is known to be directly affected by

activities permitted under section 404 of the Clean Water Act, effects

of actions that include direct and indirect impacts that are

interrelated or interdependent with the taxa under consideration may

require a permit under section 404 of the Clean Water Act.

Additionally, two of the taxa (Arctostaphylos glandulosa ssp.

crassifolia and B. vanessae) are known to occur in areas where highway

projects, which may involve Federal funding and the Federal Highways

Administration, have been proposed. At least one taxon (B. vanessae)

occurs on Federal land, within the Cleveland National Forest and within

1 km (0.6 mi) of Camp Pendelton Marine Base. New populations of these

taxa could be discovered at Miramar Naval Air Station, Point Loma Naval

Reserve, and Camp Pendelton Marine Base. These Federal nexuses would

require initiation of section 7 consultation on actions that may affect

the taxa.

Two of these species, Arctostaphylos glandulosa ssp. crassifolia

and Baccharis vanessae, are considered covered species under the MSCP.

These species will receive benefits from the plan upon its approval.

These benefits include--(1) preservation of the majority of populations

within the subregion including two major populations of A. g. ssp.

crassifolia and one and a half major populations of B. vanessae, (2)

management plans that will address impacts from fuel management and

close proximity of existing and proposed development, and (3)

monitoring of the status of these populations. Some populations within

this subregion will be eliminated or reduced, but it has been

determined that the populations preserved under the plan will be

adequate to stabilize the status of these taxa within the MSCP planning

area.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered or

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

implemented by 50 CFR 17.61 (endangered plants) or 17.71 (threatened

plants), apply. These prohibitions, in part, make it illegal for any

person subject to the jurisdiction of the United States to import or

export, transport in interstate or foreign commerce in the course of a

commercial activity, sell or offer for sale in interstate or foreign

commerce, or remove and reduce the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

any area under Federal jurisdiction and the removal, cutting, digging

up, or damaging or destroying of such endangered plants in knowing

violation of any State law or regulation, including State criminal

trespass law. Section 4(d) of the Act allows for the provision of such

protection to threatened species through regulation. This protection

may apply to Baccharis vanessae and Verbesina dissita in the future if

regulations are promulgated. Seeds from cultivated specimens of

threatened plant species are exempt from these prohibitions provided

that their containers are marked ``Of Cultivated Origin''. Certain

exceptions to the prohibitions apply to agents of the Service and State

conservation agencies.

The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the

issuance of permits to carry out otherwise prohibited activities

involving endangered or threatened species under certain circumstances.

Such permits are available for scientific purposes and to enhance the

propagation or survival of the species. For threatened plants, permits

are also available for botanical or horticultural exhibition,

educational purposes, or special purposes consistent with the purpose

of the Act. It is anticipated that few trade permits would ever be

sought or issued because none of the four taxa are common in

cultivation or in the wild.

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

on July 1, 1994 (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 this

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

One of these four taxa (Baccharis vanessae) is known to occur on lands

under the jurisdiction of the U.S. Forest Service and populations of

the taxa may potentially be discovered on lands under the jurisdiction

of the Department of Defense (Navy). Collection, damage or destruction

of any of these species on Federal lands is prohibited, although in

appropriate cases a Federal endangered species permit may be issued to

allow collection. Such activities on non-Federal lands would constitute

a violation of section 9 if conducted in knowing violation of State law

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

Service is not aware of any otherwise lawful activities being conducted

or proposed by the public that will be affected by this listing and

result in a violation of section 9.

Questions regarding whether specific activities will constitute a

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

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

for copies of the regulations concerning listed plants and general

inquiries regarding prohibitions and permits may be addressed to the

U.S. Fish and Wildlife Service, Ecological Services, Endangered Species

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

503/231-2063; facsimile 503/231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

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

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

References Cited

A complete list of all references cited herein is available upon

request from the Carlsbad Field Office (see ADDRESSES section).

Author

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

Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation 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, in

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

[[Page 52384]]

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

FLOWERING PLANTS:

* * * * * * *

Arctostaphylos glandulosa ssp. Del Mar manzanita... U.S.A. (CA), Mexico. Ericaceae........... E 589 NA NA

crassifolia.

* * * * * * *

Baccharis vanessae............... Encinitas baccharis. U.S.A. (CA)......... Asteraceae.......... T 589 NA NA

* * * * * * *

Chorizanthe orcuttiana........... Orcutt's spineflower U.S.A. (CA)......... Polygonaceae........ E 589 NA NA

* * * * * * *

Verbesina dissita................ Big-leaved crown- U.S.A. (CA), Mexico. Asteraceae.......... T 589 NA NA

beard.

* * * * * * *

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Dated: September 27, 1996.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 96-25462 Filed 10-4-96; 8:45 am]

BILLING CODE 4310-55-P