Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for Castilleja levisecta (Golden Paintbrush)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC52

Endangered and Threatened Wildlife and Plants; Determination of

Threatened Status for Castilleja levisecta (Golden Paintbrush)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

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

amended (Act), for the plant Castilleja levisecta (golden paintbrush).

This species once occurred from Oregon to Vancouver Island in British

Columbia, Canada. Ten populations of this plant now exist in open

grasslands ranging from south of Olympia in Thurston County,

Washington, north through the Puget Trough to southwest British

Columbia, Canada. Threats to the species include competition with

encroaching native and non-native plant species; habitat modification

through succession in the absence of fire; and grazing by herbivores.

Direct human-caused threats include conversion of habitat for

residential and commercial development, conversion to agriculture, and

possible damage associated with road maintenance. This rule implements

the Federal protections afforded by the Act for this plant.

EFFECTIVE DATE: July 11, 1997.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the Western Washington

Office, North Pacific Coast Ecoregion, U.S. Fish and Wildlife Service,

510 Desmond Drive S.E., Suite 101, Lacey, Washington 98503-1273.

FOR FURTHER INFORMATION CONTACT: Dave Frederick, Supervisor, at the

above Lacey address (telephone 360/753-9440).

SUPPLEMENTARY INFORMATION:

Background

Castilleja levisecta (golden paintbrush) was first collected near

Mill Plain, Washington, by Thomas Jefferson Howell in 1880 and was

described by Jesse More Greenman in 1898 (Greenman 1898). A perennial

herb of the figwort family (Scrophulariaceae), C. levisecta typically

has 1 to 15 erect to spreading unbranched stems, reaches a height of 30

centimeters (cm) (12 inches (in)), and is covered with soft, sticky

hairs. The lower leaves are entire and narrowly pointed; the upper

leaves are broader, usually with one to three pairs of short lateral

lobes on the distal end. The flower, mostly hidden by the overlapping

bracts, has a calyx 15 to 18 millimeters (mm) (0.6 to 0.7 in) long and

deeply cleft, and a corolla 20 to 23 mm (0.8 to 0.9 in) long, with a

slender galea (concave upper lip) three to four times the length of the

unpouched lower lip (Hitchcock and Cronquist 1973). It is distinguished

from the other Castilleja species within its range by brilliant golden

to yellow floral bracts. The plant flowers from April to June. When not

flowering, the plant is less conspicuous. The species may be semi-

parasitic like other members of the genus Castilleja, possibly

requiring a host plant for seedling development in its native habitat

(Heckard 1962, Sheehan and Sprague 1984). However, greenhouse

experiments indicate it does not require a host to survive and flower

(Wentworth 1994).

The plant tends to grow in clumps. One genetic individual may

consist of 1 to 15 stems, making the determination of exact numbers of

individual plants in the field difficult. The number of stems per plant

varies site to site. In addition, researchers have used a variety of

census methods over the years. Therefore, population estimates can vary

and a consistent approach is needed. Experimentally designed sampling

surveys have been conducted where individual plants were tagged and

counted (Wentworth 1994). Year to year variation in population

densities can be high (G. Douglas, Conservation Data Center, British

Columbia Ministry of Environment, Lands and Parks, pers. comm. 1996;

Wentworth 1994).

Castilleja levisecta occurs in open grasslands at elevations below

100 meters (m) (328 feet (ft)) around the periphery of the Puget

Trough. Most populations occur on glacially derived soils, either

gravelly glacial outwash or clayey glacio-lacustrine sediments

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(Sheehan and Sprague 1984, Gamon 1995). Associated species include

Festuca idahoensis, F. rubra, Camassia quamash, Holcus lanatus,

Achillea millefolium, Pteridium aquilinum, Vicia spp., and Bromus spp.

(Gamon 1995). Frequent, low intensity fires can be important in

maintaining habitat for plant species such as C. levisecta.

Historically, periodic fires in the Puget Trough were instrumental in

maintaining native grassland habitat by limiting successional

encroachment of trees and shrubs (Agee 1993, Kruckeberg 1991, Sheehan

and Sprague 1984).

Historically, Castilleja levisecta has been reported from over 30

sites in the Puget Trough of Washington and British Columbia, and as

far south as the Willamette Valley of Oregon (Sheehan and Sprague 1984,

Gamon 1995). In 1984, the Service granted funding to the Washington

Natural Heritage Program (Washington Department of Natural Resources)

to conduct an assessment of the status of the species throughout its

range. The plant was found to be extirpated from more than 20 historic

sites (Sheehan and Sprague 1984, Gamon 1995). Many populations were

found to be extirpated due to conversion of habitat to agricultural,

residential, and commercial development. In Oregon, C. levisecta

historically occurred in the grasslands and prairie of the Willamette

Valley; the species has been extirpated from all of these sites as the

habitat has disappeared. The area around the type locality at Mill

Plain, Washington, was converted to pasture and orchards some time

after the plant was first collected there in 1880. Housing developments

currently occupy the site (Sheehan and Sprague 1984, Gamon 1995).

Western Oregon and Washington (and southern Vancouver Island) have

a maritime climate, characterized by wet, mild winters and cool,

relatively dry summers. Annual precipitation averages 800 to 1350 mm

(31 to 53 in) in the Puget-Willamette Trough (Sheehan and Sprague

1984).

Castilleja levisecta is now known from 10 extant populations. Eight

populations occur in Washington--1 population south of Olympia in

Thurston County, 5 populations on Whidbey Island in Island County, 1

population on San Juan Island in San Juan County, and 1 population on

Lopez Island, Island County. The Lopez Island population consisted of 4

plants in May 1996 (J. Wentworth, Washington Natural Heritage Program,

Botanist, pers. comm. 1996). A population of fewer than five

individuals likely is not viable (J. Gamon, Washington Natural Heritage

Program, scientist, pers. comm. 1996). In British Columbia, Canada, 2

populations exist on islands off of the southern coast of Vancouver

Island (Ryan and Douglas 1994). A historic population at Beacon Hill in

Victoria on Vancouver Island, British Columbia, Canada, has been

surveyed annually from 1991 through 1996. Three plants were observed in

1991 but subsequent surveys have not found any plants and the site is

presumed to be extirpated (Gamon 1995; G. Douglas, pers. comm. 1996).

The southernmost population of Castilleja levisecta occurs at the

Rocky Prairie site south of Olympia, in Thurston County, Washington.

The site is owned by the Washington Department of Natural Resources and

is designated as a Natural Area Preserve that is managed primarily for

protection of C. levisecta and Aster curtus (white-topped aster), and

conservation of the remnant native grasslands of Festuca idahoenis

(Idaho fescue) (J. Gamon, pers. comm. 1996). In 1983, the time of the

last complete census, 15,000 plants were sporadically distributed

throughout the 15-hectare (ha) (37-acre) site. A fire in 1985 reduced

the southernmost patch of C. levisecta, and in 1991 the total

population was estimated to be about 7,000 plants (R. Schuller, pers.

comm. 1991, 1996).

Five populations are located on the north half of Whidbey Island,

Island County, in Puget Sound. Three of these populations are located

within the administrative boundary of the Ebey's Landing National

Historic Reserve (Ebey's Landing, Fort Casey, and Bocker property), and

are managed by a private landowner, Washington State Parks, and Seattle

Pacific University, respectively.

The largest of the Whidbey Island populations occurs near Forbes

Point at Crescent Harbor and is owned by the Department of Defense

(Whidbey Island Naval Air Station). A census conducted for Castilleja

levisecta in 1985 counted more than 10,000 flowering stems at the site

(Clampitt 1985); the number of individual plants was not provided. The

population was monitored in 1990, when it was estimated to be in the

thousands, and again in 1991, when a reduction in density of about 25

percent was observed. A census was completed in May 1995. The

population numbered 1,346 plants with 5,243 stems; approximately 50

percent of the 1985 total (Gamon 1995). The site has been mapped and

measures about 20 by 60 m (66 by 197 ft) (Matt Klope, Whidbey Island

Naval Air Station, pers. comm. 1996).

A second population on Whidbey Island is located at Fort Casey

State Park where approximately 230 plants occur on a 0.04-ha (0.10-

acre) site (Gamon 1995). The population declined from between 500 and

1,000 plants in the early 1980's, to 120 plants in 1993 (Gamon 1993;

Fayette Krause, The Nature Conservancy, in litt., 1994), and currently

harbors about 230 individuals (Gamon 1995). This State-owned historic

site is managed as a park for recreational use (Ken Hageman, Fort Casey

State Park Manager, Washington Department of Parks, pers. comm. 1994).

A third Whidbey Island population of Castilleja levisecta occurs on

and adjacent to the Bocker property. This population consists of 3

colonies--1 colony is 60 x 150 m (197 x 492 ft) on the property, a

second colony is adjacent to the property in a 4 m2 (43

ft2) area, and a third colony is located near the

``Admiral's'' house and covers an area of 4.5 x 9 m (15 x 30 ft). In

1996, 306 individual plants existed (Wentworth, pers. comm. 1996), down

from an estimated 1,200 plants in the mid-1980's (Krause, in litt.

1994). The property is owned by Seattle Pacific University and is used

for environmental education courses (Keith Ludemann, Environmental

Education Supervisor, Bocker Environmental Preserve, pers. comm. 1992),

but no covenants or other restrictions on the property exist that

prevent development.

A fourth Whidbey Island population occurs at Ebey's Landing in a

10-20 m x 100 m (33-66 ft x 328 ft) area. This population on private

land was estimated to be from 300 to 400 plants in 1984 (Sheehan and

Sprague 1984) and more than 4,000 individuals in 1993 (Sheehan, in

litt., 1994; Gamon 1995). Differences in estimation techniques, such as

counting individuals rather than flowering stems and estimates based on

sampled population density are thought to contribute to the differences

in population estimates between 1984 and 1993.

The fifth Whidbey Island population of Castilleja levisecta is

located at West Beach, on a site less than 0.40 ha (1 acre) in size.

The property is privately owned and is bisected by a county road. In

1991, the east side of the road supported 10 to 20 plants (M. Klope,

pers. comm. 1991), whereas the entire West Beach population was

estimated at approximately 200 plants in 1984 (Sheehan and Sprague

1984). A 1993 census of the site found 496 plants, while the 1995

census counted 550 plants west of the road (Gamon 1995). The apparent

increase in this population may represent (1) a real increase in the

population, (2) natural year-to-year fluctuation in population size,

(3) differences in the way

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individual plants were determined between 1993 and 1995, or (4) a more

complete count was conducted in 1995. In a letter to the Island County

engineer, a citizen reported that roadside maintenance activities by

the county had resulted in the elimination of the plants on the east

side of the road (Steve Erickson, Whidbey Environmental Action Network,

in litt., 1991). Subsequent field inspection by Washington Natural

Heritage Program staff confirmed that the population on the east side

of the road had been reduced to about five plants; however, the direct

cause of the decline east of the road is unknown (Sheehan, in litt.,

1992; 1994).

The population on San Juan Island (San Juan County) is located on a

privately owned parcel near the Mar Vista Resort at False Bay. The site

is less than 1 acre in size, and supports a population of 128 plants

(Gamon 1995).

The remaining population of Castilleja levisecta from the United

States is on private land at Davis Point on Lopez Island, Island

County, Washington. When first discovered in 1994, this occurrence

consisted of a single plant. A census conducted in May 1996 found four

plants. The viability of this population is questionable. Recently

located photographic evidence from within the last 2 decades but prior

to 1994, indicates the population was historically larger, with an

estimated population size of approximately 100 plants. However, the

area is now dominated by non-native grasses that likely have

outcompeted C. levisecta at the site (Sheehan, in litt. 1994; J.

Wentworth, pers. comm. 1996).

Two extant populations of Castilleja levisecta occur in British

Columbia, Canada, on small islands near Victoria. Historically, C.

levisecta was documented from nine sites on southeastern Vancouver

Island, and on two adjacent islands. All but the two populations found

on islands are extirpated or of unknown status but likely have been

extirpated (Ryan and Douglas 1994). One population is located on Alpha

Islet, consisting of 1,000 plants in an area of 100 m2 (33 by 33 ft),

and is under the management of the Ministry of Parks (Ryan and Douglas

1994). A second population, estimated at 2,560 plants, in an area of

about 0.5 ha (1.2 acre), is located on the Trial Islands and is

currently managed by the Ministry of Parks as an Ecological Reserve (G.

Douglas, pers. comm. 1996).

Castilleja levisecta is threatened by habitat modification through

succession of grassland to shrub and forest habitat. Potential for

expansion and persistence of refugia is low due to reduction of

habitat. In addition, because the current distribution of the species

has been greatly fragmented and reduced from the historic distribution,

the species is vulnerable to other threats such as interspecific

competition with native and alien woody species, reduced vigor and

reproductive potential due to grazing by herbivores, and trampling or

collecting during public recreational use of sites. Five sites are

vulnerable because they are zoned for residential development or

commercial use.

Previous Federal Action

Federal action on this species began when the Service published a

Notice of Review for plants on December 15, 1980 (45 FR 82480). In this

notice, Castilleja levisecta was included as a category 1 candidate.

Category 1 candidates were formerly designated as those species for

which the Service had on file substantial information on biological

vulnerability and threats to support preparation of listing proposals,

but for which listing proposals had not been prepared due to other

higher priority listing actions. Pending completion of updated status

surveys, the status was changed to category 2 in the November 28, 1983,

supplement to the Notice of Review (48 FR 53640). Category 2 candidates

were formerly designated as those species for which information in

possession of the Service indicated that proposing to list as

endangered or threatened was possibly appropriate, but for which

conclusive data on biological vulnerability and threat were not

currently available to support a proposed rule. Castilleja levisecta

remained a category 2 candidate in the September 27, 1985, Notice of

Review for plants (50 FR 39526). In the February 21, 1990, Notice of

Review (55 FR 6184), C. levisecta was elevated to category 1 status,

based on additional data collected by the Washington Natural Heritage

Program. The species remained in category 1 in the September 30, 1993,

Notice of Review for plants. On May 10, 1994, the Service published in

the Federal Register (59 FR 24106) a proposal to list C. levisecta as

threatened. The Service noted that the species was a proposed

threatened species in the February 28, 1996, Notice of Review for

Plants and Animals (61 FR 7596).

The 1994 proposal to list Castilleja levisecta as threatened was

based primarily on information contained in status reports prepared by

the Washington Natural Heritage Program and on personal communications

with knowledgeable resource scientists and site managers. The comment

period, originally scheduled to close on July 11, 1994, was extended

for 30 days in a July 7, 1994, Federal Register publication (59 FR

34784) and closed on August 11, 1994.

The processing of this final rule conforms with the Service's

listing priority guidance published in the Federal Register on December

5, 1996 (61 FR 64475). 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 (Pub. L. 104-6), and 2) the restoration of 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 giving highest priority to handling emergency

situations (Tier 1) and second highest priority (Tier 2) to resolving

the listing status of the outstanding proposed listings. This final

rule falls under Tier 2. At this time there are no pending Tier 1

actions. This rule has been updated to reflect any changes in

distribution, status and threats since the effective date of the

listing moratorium. This additional information was not of a nature to

alter the Service's decision to list the species.

Summary of Comments and Recommendations

In the May 10, 1994, proposed rule (59 FR 24106) and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. Appropriate Federal and State agencies, county governments,

scientific organizations, The Nature Conservancy, and other interested

parties were contacted and requested to comment. The Service published

newspaper notices in The Seattle Times, The Olympian, The Whidbey News

Times, The Centralia Chronicle, and The Journal of the San Juan Islands

on July 13, 1994, inviting general public comment. Eleven comments,

including those of one Federal agency (National Park Service), one

State agency (Washington Department of Natural Resources Natural

Heritage Program), one county agency, three conservation organizations,

one university, two Canadian agencies, and two individuals, were

received during the open comment period. All commenters supported the

listing of Castilleja levisecta under the Endangered Species Act.

[[Page 31743]]

Several commenters provided information on the status of various

populations of Castilleja levisecta that updated the information

presented in the proposed rule. That information has been incorporated

into the Background and Summary of Factors sections of this final rule.

The primary issue of concern raised by commenters is the Service's

intent to list this species as threatened rather than endangered. The

five commenters that raised this issue all believe that endangered

designation more accurately reflects the status of C. levisecta.

Several arguments were expressed to support the contention that

endangered status is warranted for Castilleja levisecta. Commenters

stated that few populations of this species can be considered secure,

even though several sites are designated as preserves or parks; the 2

populations at Fort Casey State Park and the Bocker property have

documented declines; 5 privately owned sites (False Bay, Davis Point,

Bocker property, Ebey's Landing, and West Beach) have the potential for

development; populations in British Columbia, Canada, should not be

assumed to be secure because the Service has little if any influence

over how these populations are managed; the number of populations is

down from at least 30 to only 10; and sites with fewer than 10 to 30

plants likely are not viable populations. The Service responds to the

issue of preferred status as follows.

The Service considered several factors in proposing threatened

status for Castilleja levisecta, including the number of populations,

number of plants, rate of decline, distribution of the populations,

current management of populations, and availability of techniques for

reversing the decline. Castilleja levisecta was historically reported

from more than 30 sites in Washington, Oregon, and British Columbia;

today 10 sites are extant. These 10 sites are distributed in 3 counties

in Washington and two islands in British Columbia, Canada. Five of the

10 extant populations contain 1,000 or more plants. Though 2

populations have declined in number by over 50 percent in the last

decade, 2 populations contain higher numbers of plants than reported in

the proposed rule. Active management to benefit C. levisecta is

occurring at 4 sites (Rocky Prairie, Fort Casey, Forbes Point and West

Beach). The Service agrees that designation of sites as preserves or

parks does not in and of itself guarantee the reduction or removal of

threats to a species such as C. levisecta. However, these designations

do afford some level of protection against certain threats such as

destruction of habitat, and can provide greater potential for

implementing conservation measures to benefit the plant. With half the

populations containing significant numbers of plants (i.e., 1,000 or

greater), and the distribution spread across several counties in the

United States and into southwestern Canada, the Service believes that

threatened status is appropriate for C. levisecta.

Peer Review

The Service solicited the expert opinions of appropriate and

independent specialists regarding pertinent scientific or commercial

data relating to the biological and ecological information for

Castilleja levisecta. Comments provided by John Gamon and Jane

Wentworth, botanists with the Washington Department of Natural

Resources' Natural Heritage Program were incorporated into the final

rule. Mr. Gamon and Ms. Wentworth provided information supporting the

position of the Service that C. levisecta was threatened by several

factors at each occurrence of the species found in western Washington.

Dr. George Douglas, Director, Conservation Data Center, Victoria,

British Columbia, provided information supporting the position of the

Service that C. levisecta was facing several threats at the two

occurrences found in British Columbia, Canada.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Castilleja levisecta should

be classified as a threatened species. Procedures found at section 4 of

the Endangered Species Act (16 U.S.C. 1533) and regulations

implementing the listing provisions of the Act (50 CFR part 424) were

followed. A species may be determined to be an endangered or threatened

species due to one or more of the five factors described in section

4(a)(1). These factors and their application to C. levisecta Greenman

(golden paintbrush) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Historic loss of prairie and

grassland habitat in the Puget Trough has reduced the range of

Castilleja levisecta, and habitat loss continues to be the primary

threat to remaining populations. Currently, encroachment by native and

alien woody species, as discussed in more detail under Factor E, is the

primary cause of this habitat modification.

Development for residential or commercial use is a potential threat

at five of the privately owned sites, False Bay, Davis Point, Bocker

property, Ebey's Landing and West Beach. The three sites on Whidbey

Island (Bocker property, Ebey's Landing and West Beach) are zoned for

residential development (County Planning, Island Co. pers. comm. 1996).

The site on San Juan Island (False Bay) is designated rural (Planning

Department, San Juan Island County, pers. comm. 1996), indicating that

the area is dominated by agricultural, forestry and recreational uses

and can be used for the extraction of sand, gravel, and mineral

deposits. This designation also allows residential development. The

Davis Point population on Lopez Island is ``designated conservancy''

(Planning Department, San Juan Island County, pers. comm., 1996), which

allows the construction of homes and the management of resources on a

sustained-yield basis. Although no plans for development have been

initiated at these sites, the habitat for these populations remains

vulnerable to threats from adjacent areas that receive high human use

(see Factor E for a more detailed discussion), and to the potential for

development on these privately owned sites.

In recent history (since 1850), the suppression of fire has played

a critical role in the reduction of grassland habitat in the Puget

Trough (Kruckeberg 1991) and, therefore, in the reduction in numbers

and sizes of Castilleja levisecta populations. In contrast, a large,

high intensity fire at any of the remaining sites where C. levisecta

occurs may eliminate populations, although the Service is unaware of

permanent extirpations of this species due to fire.

Loss of suitable habitat from either encroachment of woody species

or development in the areas surrounding the disjunct populations

prevents expansion of the species and affords no refugia in the case of

catastrophic events that affect existing populations. Because the

grassland habitat in the areas surrounding the existing populations has

been lost, it is doubtful that the populations would expand naturally.

Thus, the continued existence of Castilleja levisecta is threatened by

the absence of available habitat for recruitment and colonization.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Castilleja levisecta has no known commercial use.

Because of its showy golden-yellow bracts, C. levisecta is vulnerable

to picking and collection at public sites. Fort Casey State Park,

Bocker property, and Forbes Point are

[[Page 31744]]

sites with high levels of public use where collection and/or trampling

are threats (see Factor E). For example, Fort Casey State Park receives

a high amount of recreational use, and the potential for overcollection

is considered a genuine threat. Visitor use has increased within the

last decade, and park users have been observed picking the flowering

plant (K. Hageman, pers. comm. 1994). Once numbering over 500 plants

(Hageman, pers. comm. 1994; Krause, in litt. 1994), the Fort Casey

State Park population had declined to approximately 230 individuals by

1995 (J. Gamon 1995; Krause, in litt. 1994). Castilleja levisecta may

become vulnerable to collection by concerned citizens, amateur

botanists and the general public as a result of increased publicity

following publication of the final rule.

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

threatening Castilleja levisecta. Populations may have been reduced

from historical levels by grazing by livestock and rabbits (Sheehan and

Sprague 1984, Gamon 1995, J. Wentworth, pers. comm. 1996). Grazing of

the flowering stems of C. levisecta, probably by rabbits and/or deer,

has been observed at the Bocker property. Though the effect is unknown,

presumably grazing affects seed number and reproductive viability (K.

Ludemann, pers. comm. 1991; J. Wentworth, pers. comm. 1996)). Livestock

and exotic feral rabbits also graze the False Bay population (Sheehan

and Sprague 1984). In 1990 and 1991 at the Forbes Point site, Klope

(pers. comm. 1996) observed heavy predation on herbaceous material and

seeds by rodents. Grazing also was noted at Forbes Point in 1984 and

1985 (Clampitt 1985), which may be reducing the reproductive potential

at that site. At Fort Casey State Park, all flowering stems of a small

colony of C. levisecta were eaten by rabbits during the spring of 1996,

thus eliminating seed set and reproduction for the current year (J.

Wentworth, pers. comm. 1996).

The Rocky Prairie Natural Area Preserve population of Castilleja

levisecta has historically harbored a population of the Whulge

checkerspot butterfly (Euphydryas editha taylori), a State sensitive

species that is a potential seed predator. Because C. levisecta is not

a specific host and no individual butterflies were observed at the site

in 1991, the threat is likely low (M. Sheehan, pers. comm. 1991; F.

Krause, The Nature Conservancy, pers. comm. 1996). Insect larvae have

been observed feeding on inflorescences (flowering parts) of C.

levisecta (Gamon 1995). Although several species of caterpillar were

known to prey on C. levisecta (Sheehan and Sprague 1984, Evans et al.

1984), they are not believed to currently pose a threat (J. Wentworth,

pers. comm. 1996).

Predation (grazing and seed predation) by native species is one of

the natural pressures historically faced by Castilleja levisecta, but

populations that have been reduced or stressed due to other factors are

more vulnerable to decline and are less able to rebound after periods

of heavy predation.

D. The inadequacy of existing regulatory mechanisms. Currently, no

regulatory mechanism provides for the protection of Castilleja

levisecta or its habitat. Castilleja levisecta is listed as endangered

by the Washington Natural Heritage Program (Washington Natural Heritage

Program 1994). However, no State Endangered Species Act exists for

plants in Washington and no legal protection is provided by the

Washington Natural Heritage Program listing classification of

endangered. The province of British Columbia uses The Nature

Conservancy's rating system and has designated C. levisecta as a

category G1S1 species (critically imperilled due to extreme rarity or

because of vulnerability to extinction, and with typically less than 5

occurrences) (G. Douglas, pers. comm. 1996). Four sites are included

among the Natural Heritage Program's Registry of Natural Areas (Laura

Smith, Associate Director, The Nature Conservancy, Washington State

Office, pers. comm. 1996). All of these designations are important

because they recognize the sensitive status of the species and

encourage private land owners and management agencies to consider the

species in management plans; however, they provide no legal protection.

Therefore, changing land management priorities or inadequate funding

for protection could leave the species vulnerable at several of the

sites.

The Rocky Prairie Natural Area Preserve population has the highest

level of protection of the 10 sites. This State-owned site has been

actively managed to eliminate alien species, including the use of

prescribed burning and hand removal of invasive plants. Seven acres of

the encroaching Douglas-fir (Pseudotsuga menziesii) were directionally

felled and removed from Rocky Prairie during the winter of 1996. This

effort was accomplished through a cooperative agreement between the

Service's Washington State Ecosystems Conservation Program and the

Washington Department of Natural Resource's Natural Heritage Program.

Despite these efforts to restore prairie composition and structure by

reducing shade onto the site and improve the conditions of the native

prairie habitat, continued funding of restoration cannot be assured.

Additionally, efforts by the Washington Department of Natural Resources

to eliminate the invasive Cytisus scoparius (Scotch broom) and

Hieracium pilosella (mouse-ear hawkweed) at this site are voluntary and

not statutorially required. This population continues to face threats

from invasion of woody species.

Another publicly-owned population occurs in Fort Casey State Park.

Park managers have implemented vegetation management measures (mowing,

clipping and removing vegetation) to improve the conditions of the

grassland habitat, and protective measures (fencing) to restrict

trampling the Castilleja levisecta plants. However, the plant continues

to be vulnerable to encroaching vegetation, picking (see Factor B),

trampling, grazing and seed predation.

The Forbes Point population occurs on Federal land at Whidbey

Island Naval Air Station. The Department of Defense is participating in

the Washington Registry of Natural Areas Program. A Navy staff

biologist has undertaken measures to evaluate the status of the

population. Efforts have also been made to eradicate some invasive non-

native species. A fence has been constructed to restrict people

trampling or picking the plants and to keep rabbits from browsing

Castilleja levisecta; however, rodents still enter the fenced area and

consume seed (M. Klope, pers. comm. 1996). Signs have been erected

designating the site as a research area, but the Navy does not prohibit

public use of this site, which receives occasional foot traffic

associated with a nearby popular beach (M. Klope, pers. comm. 1996).

The populations of Castilleja levisecta at Ebey's Landing and the

Bocker property are also listed on the Washington Registry of Natural

Areas. Ebey's Landing is on private property within the designated

boundary of Ebey's Landing National Historic Reserve. The Bocker

property, owned by Seattle Pacific University, is currently managed as

a natural area used for education purposes with no active management to

retain grassland habitat. The Bocker property is also located within

the designated boundary of Ebey's Landing National Historic Reserve.

Although C. levisecta is considered in the current management of the

Historic Reserve, management is not specifically directed toward the

long-term conservation of the plant. As a result, the population is

threatened by predation and invasion of native Douglas-fir and alien

woody plants.

[[Page 31745]]

Ebey's Landing, Bocker property, West Beach, Davis Point, and False Bay

populations of the species are on private property and receive no legal

protection.

The Ebey's Landing National Historic Reserve was established by the

combined efforts of the local land owners, the National Park Service,

and the U.S. Congress to give recognition to the local land owners for

maintaining their dwellings and landscapes in a specific historic

fashion. The Historic Reserve designation serves as a form of covenants

that restrict the type of landscaping and architectural design used for

the maintenance or remodeling of any existing structures or the

construction of new structures within Ebey's Landing National Historic

Reserve. The National Historic Reserve designation does not prohibit

development or extraction of natural resources and provides no

protection for biological resources. The National Park Service's

jurisdiction over Ebey's Landing National Historic Reserve is only

advisory in nature and is limited to providing technical assistance to

State and local governments and local land owners in the management,

protection, and interpretation of the Historic Reserve (Gretchen

Luxenberg, National Park Service, pers. comm. 1997; Curt Soper,

Director of Agency Relations, The Nature Conservancy, pers. comm. 1997;

Stacey Tucker, Island County Planning and Community Development

Department, pers. comm. 1997).

The Castilleja levisecta populations in Canada receive no

regulatory protection. Legislation to protect endangered species has

been proposed to the British Columbia government, but currently no

Federal or Provincial law protects sensitive species. The Trial

Islands, offshore from the city of Victoria, are designated as an

Ecological Reserve by the British Columbia Ministry of Parks. The small

population at Alpha Islet also is located within a designated

Ecological Reserve. Ecological Reserves are protected areas that

generally require permits for entry and do not allow consumptive

activities, like plant collection or other activities destructive to

resources (L. Ramsey, Conservation Data Center, Ministry of

Environment, Lands and Parks, British Columbia, pers. comm. 1997).

However, the Ecological Reserve designation does not require specific

management recommendations for the plant. Because this designation is

an administrative one, it could potentially be reversed by

administrative decision, and the site could be used for other purposes

(G. Douglas, pers. comm. 1996).

In summary, most populations occur in areas designated as reserves

or parks; 4 sites receive active management to benefit the species and

help prevent habitat destruction. However, habitat management for

Castilleja levisecta is not assured nor coordinated among the various

population sites.

E. Other natural or manmade factors affecting its continued

existence. Grassland habitat has historically been maintained by

periodic fires that prevented encroachment of woody plant species

(Sheehan and Sprague 1984; J. Agee, pers. comm. 1996). Fire suppression

in recent years has led to invasion of grasslands by native species

such as Douglas-fir, Rosa sp. (wild rose), and Berberis aquifolium

(barberry). Encroachment by alien species such as Cytisus scoparius and

Hieracium pilosella also occurs. These species are invasive and can

dominate some areas and compete with Castilleja levisecta for space,

light, and nutrients.

Interspecific competition is a serious threat to the continued

existence of Castilleja levisecta. Loss of grassland habitat due, in

part, to invasion of woody species threatens the plant at the Rocky

Prairie Natural Area Preserve (J. Wentworth, pers. comm. 1996; Krause,

in litt. 1994; Sheehan, in litt. 1994), Bocker property (K. Ludemann,

pers. comm. 1991; Krause, in litt. 1994; Sheehan, in litt. 1994; J.

Wentworth, pers. comm. 1996), Ebey's Landing (Jim Larson, Chief,

Division of Natural Resources, National Park Service, pers. comm. 1991;

J. Gamon pers. comm. 1996), West Beach (M. Mills, pers. comm. 1996;

Krause, in litt. 1994; Sheehan, in litt. 1994), and Forbes Point (M.

Klope, pers. comm. 1996; Krause, in litt. 1994; Sheehan, in litt. 1994)

sites. Castilleja levisecta cannot survive under a closed canopy, such

as that formed by Douglas-fir, wild rose, barberry and the alien

Cytisus scoparius. Those species may also outcompete C. levisecta for

root space and nutrients (Sheehan and Sprague 1984). The species

appears to be unable to compete successfully against species that tend

toward monoculture (J. Gamon, pers. comm. 1996).

Four populations of Castilleja levisecta on Whidbey Island (Fort

Casey State Park, Forbes Point, Bocker property, and West Beach) are

also threatened with tree and/or shrub succession. If left unchecked,

encroachment of wild rose and Rubus sp. (blackberry) will eliminate the

population at the West Beach site (M. Mills, pers. comm. 1996).

Clampitt (1985) noted the encroachment of several aggressive plants

into C. levisecta habitat at Forbes Point, like blackberry, Vicia sp.

(vetch), and Trifolium sp. (clover). Invasive shrubs and Douglas-fir,

which shades out C. levisecta, are competing with C. levisecta at the

Bocker property site. Numbering over 1,200 individuals in 1984, the

population had declined to 295 individuals by 1995 (J. Gamon 1995).

While fire may improve the grassland habitat for Castilleja

levisecta, the impacts associated with fire prevention may be a threat.

An example of this took place August 9-11, 1996, in Thurston County,

Washington. A fire was ignited from the spark of a train that runs

adjacent to Rocky Prairie. The fire burned grasses and shrubs for

greater than 10 miles of the railroad right-of-way and emergency

vehicles were activated to suppress the fire. To access the fire

adjacent to Rocky Prairie, the fence surrounding Rocky Prairie Natural

Area Preserve was cut at two locations to allow access of fire

prevention vehicles. Vehicles ran directly over a portion of the C.

levisecta population, breaking and compacting individual plants. Damage

to plants and habitat are often the result of the fire suppression

activities associated with wildfires (James Agee, pers. comm. 1996).

Trampling by recreationists may threaten the plant at Fort Casey

State Park on Whidbey Island where paths had been worn into the soil

and pass directly through a Castilleja levisecta population. A

decorative fence erected in 1995 partially restricts foot traffic

through the C. levisecta population and trampling by the public at this

site has been reduced (J. Gamon, pers. comm. 1996), although invasion

by wild rose remains a threat. The few plants that formerly occurred in

Beacon Hill Municipal Park in Victoria were located in a heavily used

area of the park. Trampling by the public may have contributed to the

species extirpation at Beacon Hill (G. Douglas, pers. comm. 1996).

None of the private ownerships have been fenced or are otherwise

protected. The West Beach occurrence of Castilleja levisecta is

surrounded by beach front homes and foot traffic passes through the

population to access the beach. Adjacent property owners maintain their

lawns with fertilizers and herbicides. Aerial drift from these chemical

treatments that come in contact with C. levisecta is a potential

threat. Across Fort Casey Road from several new homes, the population

on the Bocker property is threatened by foot traffic. At False Bay,

several foot paths have been established through the population and

individual plants have been trampled. The only access to the

[[Page 31746]]

beach from the resort at False Bay is through the population. At Davis

Point, C. levisecta is found on a small patch within a 30-acre

overgrown lot; pasture grasses and wild rose are abundant and threaten

to overtake C. levisecta. This site has not been managed and the C.

levisecta population has declined from about 100 plants prior to 1994

to 4 individuals in 1996 (Wentworth 1996). The Ebey's Landing

occurrence is adjacent to a road on a steep hillslope overlooking the

ocean. Erosion and slumping have occurred on the slope and potentially

threaten the species at this location. Ebey's Landing is a recreation

area with foot paths leading to the plants and trampling has been

documented (Jane Wentworth, pers. comm. 1997).

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to list Castilleja

levisecta as threatened. Threats to C. levisecta include habitat

modification through succession of prairie and grassland habitats to

shrub and forest lands; development of property for commercial,

residential and agricultural use; low potential for expansion and

refugia due to constriction of habitat; recreational picking; and

herbivory.

Several of the sites are designated as preserves or afforded some

level of protection from certain threats through current management

efforts, and 50 percent of the populations contain 1,000 or more

individuals. The Service, therefore, believes the species is not

currently in danger of extinction. However, because the remaining

populations are threatened by the chronic factors described above, like

successional modification and potential development of its habitat,

Castilleja levisecta is likely to become endangered within the

foreseeable future throughout all or a significant portion of its

range. The species, therefore, fits the definition of threatened as

defined by the Act. Critical habitat is not being proposed for this

species for reasons discussed in the Critical Habitat section of this

rule.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat concurrently with determining a species to be

endangered or threatened. The Service finds that designation of

critical habitat is not prudent for this species. Such a determination

would provide no additional protection to Castilleja levisecta and

could increase the degree of threat to the species. As discussed above

under Factor B in the Summary of Factors Affecting the Species, C.

levisecta is vulnerable to collecting. Publication of precise maps and

critical habitat descriptions in the Federal Register would be likely

to increase the degree of threats from collecting and vandalism, and

would increase enforcement problems.

Critical habitat protections apply only to Federal actions and,

therefore, critical habitat provides no protection for populations

occurring on State or private land absent a Federal nexus. In addition,

even where such a nexus occurs, designation of critical habitat

generally provides no additional protection beyond that provided by

listing. In particular, even though three populations of Castilleja

levisecta located within the administrative boundary of Ebey's Landing

National Historic Reserve (the first population is on private property,

the second population is on State park land, and the third population

is owned by Seattle Pacific University), the enabling legislation

(National Parks and Recreation Act, 1978, P.L. 95-625, section 508)

that established Ebey's Landing National Historic Reserve does not

provide the National Park Service the authority to manage biological

resources on the private or State property within this National

Historic Reserve. The National Park Service's jurisdiction over Ebey's

Landing National Historic Reserve is only advisory in nature (G.

Luxenberg, National Park Service, pers. comm. 1997).

Critical habitat receives consideration under section 7 of the Act

with regard to actions carried out, authorized, or funded by a Federal

agency. As such, designation of critical habitat may affect non-Federal

lands only where such a Federal nexus exists. Federal agencies must

insure that their actions do not result in destruction or adverse

modification of critical habitat. Aside from this added consideration

under section 7, the Act does not provide any additional protection to

lands designated as critical habitat. Designating critical habitat does

not create a management plan for the areas where the listed species

occurs; does not establish numerical population goals or prescribe

specific management actions (inside or outside of critical habitat);

and does not have a direct effect on areas not designated as critical

habitat.

In addition, all involved parties and landowners have been notified

of the importance of the species' habitat. Protection of its habitat

can be addressed through the recovery and section 7 consultation

processes. Therefore, the Service finds that designation of critical

habitat for Castilleja levisecta is not prudent at this time, because a

designation would increase the threat posed by taking (i.e., vandalism,

collection) and other human activities, and because the designation of

critical habitat would not be beneficial to the species.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing can encourage and result in

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

and individuals. Recovery efforts encourage communication and

cooperative efforts among various land managers and owners. The Act

provides for possible land acquisition and cooperation with the State

and requires that recovery actions be carried out for all listed

species. Funding may be available through section 6 of the Act for the

State to conduct recovery activities. This may assist in protection and

recovery efforts at Rocky Prairie Natural Area Preserve and Fort Casey

State Park, sites owned by the State of Washington. The protection

required by Federal agencies and 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. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(2) of the Act requires Federal agencies to

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

likely to jeopardize the continued existence of a listed species. If a

Federal action may affect a listed species, regardless of whether the

activity occurs on Federal or non-Federal lands, the responsible

Federal agency must enter into formal consultation with the Service.

The population of Castilleja levisecta at Forbes Point occurs on

Federal land at Whidbey Island Naval Air Station. Federal actions there

would be subject to section 7 requirements. The National Park Service

administers Ebey's Landing National Historic Reserve, where three

populations of C. levisecta are located on private lands. The National

Park Service's jurisdiction over the Reserve is advisory in nature.

[[Page 31747]]

However, in the event the National Park Service funded or carried out

any activities that may affect the species, it would be required to

consult with the Service. In addition, sections 2(c)(1) and 7(a)(1) of

the Act require Federal agencies to utilize their authorities in

furtherance of the purposes of the Act to carry out conservation

programs for endangered and threatened species.

The Act and implementing regulations found at 50 CFR 17.71 and

17.72 set forth a series of general prohibitions and exceptions that

apply to all threatened plants. With respect to Castilleja levisecta,

all trade prohibitions of section 9(a)(2) of the Act, implemented by 50

CFR 17.61, would apply. These prohibitions, in part, make it illegal

any for any person subject to the jurisdiction of the United States to

import or export endangered or threatened plants; transport any such

plant in interstate or foreign commerce in the course of a commercial

activity; sell or offer for sale such species in interstate or foreign

commerce; remove and reduce such species to possession from areas under

Federal jurisdiction. Seeds from cultivated specimens of threatened

plant species are exempt from these prohibitions provided that a

statement of ``cultivated origin'' appears on their containers. Certain

exceptions apply to agents of the Service and State conservation

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

the issuance of permits to carry out otherwise prohibited activities

involving endangered and threatened plant species under certain

circumstances. It is anticipated that few trade permits would ever be

sought or issued because the species is not common in cultivation or in

the wild.

The proposal incorrectly stated that the Act prohibits any person

from removing, cutting, digging up, damaging, or destroying any

endangered or threatened plant on areas that are not under Federal

jurisdiction in knowing violation of any State law or regulation or in

the course of any violation of a State criminal trespass law. This

prohibition under section 9(a)(2)(B) currently applies only to plant

species listed as endangered. Section 4(d) of the Act allows for the

provision of such protection to threatened plants through regulation.

This protection may apply to threatened plants including Castilleja

levisecta in the future if regulations are promulgated.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not constitute a violation of section 9

of the Act. Such information is intended to clarify the potential

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

the range of the species. In the case of Castilleja levisecta,

unauthorized collection at Forbes Point would constitute a violation of

section 9 because this site is under Federal jurisdiction; collection

occuring under a Federal threatened species permit for scientific or

recovery purposes would not result in a violation of section 9.

Collection or destruction of C. levisecta on private or other non-

Federal lands are not a violation of section 9. However, when a project

occurring on non-Federal lands requires Federal authorization, funding

or permiting and the project may affect listed species, including

listed plants, the action agency must consult with the Service under

section 7 of the Act to ensure that the Federal action (e.g., issuance

of a Federal permit) will not jeopardize the survival of the species.

Absent a Federal action, the Act does not provide protection to

threatened plants on private lands. Questions regarding whether

specific activities will constitute a violation of section 9 should be

directed to the Supervisor, Western Washington Office, North Pacific

Coast Ecoregion, U.S. Fish and Wildlife Service, 510 Desmond Drive,

S.E., Suite 101, Lacey, Washington 98503-1273, telephone 360/753-9440.

Requests for copies of the regulations on plants and inquiries

regarding them, including permits, may be addressed to the U.S. Fish

and Wildlife Service, Ecological Services, Endangered Species Permits,

911 NE 11th Avenue, Portland, Oregon 97232-4181, telephone 503/231-

2063.

Required Determinations

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. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

Agee, J.K. 1993. Fire Ecology of Pacific Northwest Forests. Island

Press. 493 pp.

Clampitt, C. 1985. Report: Census of Castilleja levisecta population

at Forbes Point. Prepared for L. Smith, The Nature Conservancy,

Washington Field Office, Seattle, Washington. 4pp.

Evans, S., R. Schuller, and E. Augenstein. 1984. A report on

Castilleja levisecta Greenman at Rocky Prairie, Thurston County,

Washington. Unpubl. Report to The Nature Conservancy, Washington

Field Office, Seattle, Washington. 56pp.

Gamon, J. G. 1995. Report on the status of Castilleja levisecta

(Greenman). Washington Natural Heritage Program, Department of

Natural Resources, Olympia, Washington. 55pp.

Gamon, J. 1993. Castilleja levisecta Within Ebey's Landing National

Historic Reserve: A report on the current status of the species,

including preliminary management recommendations. Washington Natural

Heritage Program, Department of Natural Resources, Olympia,

Washington. 7pp.

Goodman, D. 1987. The demography of chance extinction. Pages 11-34

in M.E. Soule', editor. Viable populations for conservation.

Cambridge University Press, Cambridge, England.

Greenman, J.M. 1898. Some new and other noteworthy plants of the

Pacific Northwest. Bot. Gaz. 25:261-269.

Heckard, L.R. 1962. Root parasitism in Castilleja. Bot. Gaz. 124:21-

29.

Hitchcock, C.L., and A. Cronquist. 1973. Flora of the Pacific

Northwest. Univ. of Washington Press, Seattle.

Kruckeberg, A.R. 1991. The Natural History of the Puget Sound

Country. University of Washington Press, Seattle, Washington.

Ryan, M. and G. W. Douglas. 1994. Status report on the golden

paintbrush Castilleja levisecta Greenm. Unpublished, draft report

prepared by the British Columbia Ministry of Environment, Lands and

Parks. Victoria, B.C.

Sheehan, M., and N. Sprague. 1984. Report on the status of

Castilleja levisecta. Unpubl. Report submitted to the U.S. Fish and

Wildlife Service, Portland, Oregon. 82pp.

Washington Natural Heritage Program. 1994. Endangered, threatened

and sensitive vascular plants of Washington. Department of Natural

Resources, Olympia. Second printing. 52pp.

Wentworth, Jane. 1994. The demography and population dynamics of

Castilleja levisecta, an endangered perennial. Unpublished Master's

thesis. University of Washington. 53pp.

Wentworth, J. 1996. Conservation recommendations for Castilleja

levisecta in Washington. Washington Natural Heritage Program,

Washington Department of Natural Resources, Olympia, Washington.

Authors:

The authors of this final rule are Leslie Propp and Ted Thomas,

U.S.

[[Page 31748]]

Fish and Wildlife Service (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, 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.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Castilleja levisecta............. Golden paintbrush... U.S.A. (OR, WA), Scrophulariaceae... T 615 NA NA

Canada (B.C.).

* * * * * * *

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

Dated: May 16, 1997.

Jay L. Gerst,

Acting Director, U.S. Fish and Wildlife Service.

[FR Doc. 97-15245 Filed 6-10-97; 8:45 am]

BILLING CODE 4310-55-P