# Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule To List Dudleya Blochmaniae ssp. Insularis, Dudleya sp. nov. ``East Point'', and Heuchera Maxima as Endangered

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-20132

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** July 31, 1997
- **Citation:** 62 FR 41016

## Text

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD39

Endangered and Threatened Wildlife and Plants; Withdrawal of
Proposed Rule To List Dudleya Blochmaniae ssp. Insularis, Dudleya sp.
nov. ``East Point'', and Heuchera Maxima as Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the
proposal to list Dudleya blochmaniae ssp. insularis, Dudleya sp. nov.
``East Point'', and Heuchera maxima as endangered species under the
Endangered Species Act of 1973, as amended (Act). The Service finds
that information now available, discussed below, justifies withdrawal
of the proposed listings of these species as endangered. The National
Park Service (NPS) has implemented measures that significantly reduce
the risks to Dudleya blochmaniae ssp. insularis and Dudleya sp. nov.
``East Point'' and has sponsored field surveys that have identified a
greater abundance and distribution for Heuchera maxima. Based on this
information the Service concludes that listing of these species is not
warranted.

DATES: This withdrawal notice is made July 31, 1997.

ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the Ventura
Field Office, U.S. Fish and Wildlife Service, 2493 Portola Road,
Ventura, California, 93003.

FOR FURTHER INFORMATION CONTACT: Tim Thomas, at the above address or by
telephone (805) 644-1766.

SUPPLEMENTARY INFORMATION:

Background

On July 25, 1995 the Service published in the Federal Register (60
FR 37993) a proposal to list 16 plant species from the northern Channel
Islands as endangered.
Included among these 16 taxa were Dudleya blochmaniae ssp.
insularis (Santa Rosa Island dudleya), Dudleya sp. nov. ``East Point''
(munchkin dudleya), and Heuchera maxima (Island alum-root), the subject
taxa of this notice of withdrawal. Santa Rosa Island dudleya (Dudleya
blochmaniae ssp. insularis) was first described as Hasseanthus
blochmaniae ssp. insularis by Reid Moran (1950a) based on a collection
made at ``Old Ranch Point'' on Santa Rosa Island in 1950. Moran (1953)
treated Hasseanthus as a subgenus of Dudleya; Hasseanthus had
previously been segregated from Dudleya on the basis of stem
characteristics and the presence of vernal (withering) leaves. In so
doing, he published the new combination Dudleya blochmaniae ssp.
insularis (Moran 1953). Though Thompson (1993) recently resegregated
Hasseanthus from Dudleya at the generic level, he provided no new
evidence for this action. Moreover, given that the base chromosome
number of Hasseanthus and Dudleya is the same (n=17) and that species
of Hasseanthus and Dudleya are completely interfertile but will not
cross with other family genera, splitting these taxa at the generic
level is inappropriate. As a result, the taxon will be recognized in
this notice of withdrawal under the name Dudleya blochmaniae ssp.
insularis.
Dudleya blochmaniae ssp. insularis is a small succulent perennial
in the stonecrop family (Crassulaceae). The plant has a corm-like root
structure, and 15 to 30 oblanceolate leaves in a basal rosette, from
which several flowering stems 3 to 7 centimeters (cm) (1.2 to 2.8
inches (in)) long arise. The white, five-petaled flowers and the
resulting fruits are fused at the base and wide-spreading distally.
This subspecies is distinguished from two other mainland subspecies of
D. blochmaniae on the basis of the more numerous rosette leaves,
shorter floral stems, more pronounced glaucousness of young floral
stems and their leaves, and the size and shape of the lower bracts
(Moran 1950a, Bartel 1993).
Dudleya blochmaniae ssp. insularis is only known from the type
locality near Old Ranch Point, also known as Marsh Point, on the east
end of Santa Rosa Island. The taxon occupies an area of less than 1
hectare (2 acres) of an

[[Page 41017]]

ancient marine terrace with a cobble surface, and associated with owl's
clover (Castilleja exserta), goldfields (Lasthenia californica), and
alien annual grasses, primarily Bromus and Vulpia species. The habitat
is relatively open with low densities of non-native annual grasses. In
1993, the number of individuals was estimated to be 2,000 (Rutherford
and Thomas, pers. obs. 1993). NPS and National Biological Survey (now
Biological Resources Division of the U.S. Geological Survey) staff
established demographic plots in 1994. In 1995 and 1996, the NPS
erected an electric fence around Skunk Point, including all habitat
occupied by D. blochmaniae ssp. insularis and a population of the
federally threatened snowy plover, during the spring and summer seasons
to eliminate potential damage from cattle. Cattle tracks and droppings
inside the exclosure indicate that entry has occurred in both years
(McEachern 1996). However, cattle were removed whenever found within
the fenced area and were not present long enough to adversely affect D.
blochmaniae ssp. insularis (Jim Hutton, Island Ranger, pers. comm.
1996). Breaks in the fence were repaired immediately.
Dudleya sp. nov. ``East Point'' was collected by Reid Moran in
1950. In his dissertation on the genus Dudleya, he included it in the
description of D. greenei, but remarked upon how it differed, and
described it as ``forma nana.'' Subsequent floras treated the form in
synonymy with D. greenei (Munz and Keck 1973, Smith 1976). In 1993,
Paul H. Thomson illegitimately published the name D. nana, based on the
description of forma nana in Moran's dissertation. An article
describing this new species has been submitted by Stephen McCabe to the
journal Madrono. This manuscript has been peer reviewed, the
description was found to meet the code requirements for valid
publication, and the reviewers felt that it was a distinct taxon
(Painter in litt. 1997).
Like Dudleya blochmaniae ssp. insularis described above, Dudleya
sp. nov. ``East Point'' is a small succulent perennial in the stonecrop
family (Crassulaceae). The plant has a short caudex-like stem, and
small, gray, ovate to oblanceolate leaves in a cluster of up to 20
basal rosettes, from which several flowering stems 2.5 to 7 cm (1 to
2.75 in) long arise. The pale yellow, five-petaled flowers are fused at
the base and spread only at the tips.
Dudleya sp. nov. ``East Point'' is known only from one population
comprising three colonies near East Point on Santa Rosa Island. The
colonies occur on a low windswept ridge with a cobble soil surface,
which is bereft of any other vegetation save scattered alien annual
grasses, small-flowered iceplant (Mesembryanthemum nodiflorum),
pineappleweed (Ambylopappus pusillus), and goldenbush (Lasthenia
californica). The uppermost colony covers 26 square meters, the middle
colony covers 88 square meters, and the lowermost colony covers 77
square meters (McEachern 1994). The total number of individuals in the
three colonies has been estimated to be 3,200 (S. McCabe, pers. comm.
1994). In 1994, the NPS constructed a fence around the population to
reduce browsing and trampling impacts, and to eliminate vehicle access
to the middle colony. Observations by researchers indicate the
following: the fencing has excluded cattle but not deer; the number of
seedling plants was higher in late winter of 1995 than in May, a few
months later, which may indicate a high seedling recruitment rate but a
low seedling survivorship rate; and several inflorescences were clipped
off by an unknown predator, possibly mice or insects (McEachern 1996).
A low seedling survivorship rate is common among wild plants and is
unlikely to pose a significant threat to a perennial species, which
needs only to replace itself once over a period of many years to
maintain a stable population size. A small fire burned vegetation
surrounding the lower colony, but did not appear to damage the dudleya
where the fuels are so light that fire cannot carry through the site.
Heuchera maxima (island alumroot) was described by E.L. Greene
(1886a) based on collections from the ``northward slope of Santa Cruz
Island.'' This nomenclature was retained in the most recent treatment
of the genus (Elvander 1993). Heuchera maxima is a perennial herb in
the saxifrage (Saxifragaceae) family. The round basal leaves are up to
7 cm (2.8 in) broad on long petioles up to 25 cm (10 in) in length. The
flowering stalks are up to 6.1 decimeters (dm) (2 ft) long and
scattered with small white-petaled flowers (Hochberg 1980b). No other
Heuchera species occurs on the islands; however, young plants of H.
maxima can resemble species of Jepsonia, Lithophragma, or Saxifraga
that occurs on the islands. Heuchera maxima can be distinguished from
these other taxa by its larger size at maturity, and flowers with ten
stamens rather than five.
Heuchera maxima grows primarily on moist, shady, north-facing
canyon bottoms, walls, and sea cliffs, but occurs in a few interior
localities as well. Collections of Heuchera maxima were made from Santa
Rosa Island by Hoffmann in 1929 and Dunkle in 1939; however, locality
information for these collections is vague. More recently, the plant
was collected from Cherry, Lobos, Ranch, and Windmill Canyons on Santa
Rosa Island (Rutherford and Thomas 1994). It was relocated in three of
those canyons during the 1994-1996 surveys, during which 27 additional
populations with up to 150 plants in each were found (McEachern and
Wilken 1996). H. maxima is also known from 11 locations on West Anacapa
Island (Rutherford and Thomas 1994; S. Junak, in litt. 1984). On Santa
Cruz Island, 16 populations with up to 170 plants per population have
been reported from the west half of the northern shore (McEachern and
Wilken 1996).

Summary of Comments and Recommendations

In the July 25, 1995, proposed rule (60 FR 37933) and associated
notifications, all interested parties were requested to submit factual
reports or information to be considered in making a final listing
determination. An initial 75-day comment period closed on October 9,
1995. A second 30-day comment period closed on February 21, 1997.
Appropriate Federal and State agencies, local governments, scientific
organizations, and other interested parties were contacted and asked to
comment. In accordance with Service policy published on July 1, 1994
(59 FR 34270), three appropriate and independent specialists were
solicited regarding pertinent scientific or commercial data and
assumptions relating to the proposed rule. Legal notices of the
availability of the proposed rule were published on August 5, 1995, in
the Santa Barbara News-Press and on August 11, 1995, in the Los Angeles
Times.
The Service received 14 letters concerning the proposed rule during
the comment periods, including those of one State agency and 11
individuals or groups. Because of the two public comment periods, some
individuals or groups commented twice. Because the proposed rule
included 16 plant taxa, only those comments specific to the three taxa
addressed in this notice are discussed here. Comments not specific to
these three taxa and general comments relevant to the proposed rule are
discussed in a separate final rule published in today's Federal
Register (Vol. 62 No. 147, July 31, 1997).
The Service has reviewed all of the written comments received
during both comment periods and status reports and

[[Page 41018]]

population surveys that occurred in between the comment periods. Four
commenters supported the listing proposal for the three taxa, one
opposed their listing, and seven stated no specific opinion on the
three taxa considered herein. Several commenters provided additional
information and other clarifications that have been incorporated into
the ``Summary of Factors'' section of this notice. Several comments
dealt with matters of opinion or legal history, which were not relevant
to the listing decision. The Service carefully considered all comments
and information submitted relevant to this decision to withdraw the
proposed listing. The Service response to those commenters supporting
listing of these taxa can be found in the ``Summary of Factors''
section. Comments submitted are available for review at the Ventura
Field Office (see ADDRESSES).

Summary of Factors Affecting the Species

The Service must consider five factors described in section 4(a)(1)
of the Act when determining whether to list a species. These factors,
and their application to the Service's decision to withdraw the
proposal to list Dudleya blochmaniae (Eastw.) Moran ssp. insularis
(Moran) Moran, Dudleya sp. nov. ``East Point'' S. McCabe, and Heuchera
maxima Greene, are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

The single most important loss of resources to insular ecosystems
is the loss of soils, as the soils are the foundation for the unique
island ecosystems and the insular endemic species found within them.
This loss of soils is the result of historic grazing and browsing by
sheep, goat, cattle, deer, elk, and bison, and rooting by pigs on the
various islands starting in the early 1800's, and in certain cases,
continuing today. Fencing installed by the NPS to exclude cattle from
the two Dudleya taxa populations has significantly reduced the threat
of soil loss in the habitat of these species. Cattle trampling,
previously known to remove large numbers of Dudleya sp. nov. ``East
Point'' plants, is no longer a significant threat. No cattle have
broken through the fence at East Point. Although cattle have on several
occasions gained access to the fenced areas through breaks in the fence
where Dudleya blochmaniae ssp. insularis occurs, NPS staff has
immediately removed the cattle upon discovery with no adverse impacts.
Although deer and elk are not excluded by the fencing (Painter, in
litt., 1997), the Service believes that the impacts of these animals on
the habitat for the two Dudleya species, in the absence of cattle, do
not constitute a significant threat to the survival of these taxa. Both
of the Dudleya populations occur on sites that are not favorable to
either elk or deer utilization. If elk or deer do enter these areas, it
is in limited numbers and for brief periods of time. Most of the
habitat currently occupied by Heuchera maxima is out of reach of the
effects of the trampling influence of the non-native mammals on the
islands (McEachern and Wilken 1996).

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

In the horticultural trade, Dudleya have, in particular, been
favorite collector species. Dudleya sp. nov. ``East Point'' was
collected and introduced into the horticultural trade long ago as
``white sprite.'' Dudleya blochmaniae ssp. insularis though not in the
trade, has been cultivated by Dudleya enthusiasts. While the limited
distribution of these two taxa makes them of interest to such
enthusiasts, in the absence of the larger combined threats of cattle
trampling, collection alone does not pose a significant threat to these
species. Heuchera maxima is also found in cultivation. Although the
extent of collection of this taxon is uncertain, the Service believes
that the threat from overcollection is insignificant given the number
of populations of the species that are now known.

C. Disease or Predation

Disease is not known to be a factor affecting the taxa considered
in this rule. Grazing by cattle was identified as a threat in the
proposed rule. Consumption of individual plants by grazing animals has
been known to impact the reproduction of these plants and has had other
effects, such as trampling, erosion (see Factor A) and the introduction
of non-native species (see Factor E). The fencing constructed to
protect Dudleya blochmaniae ssp. insularis and Dudleya sp. nov. ``East
Point'' populations from cattle has reduced the level of herbivory on
these two taxa to where it no longer constitutes a significant threat
to the survival of these species. The majority of the Heuchera maxima
occur out of the reach of the effects of most non-native mammals on the
islands (McEachern and Wilken 1996).

D. The Inadequacy of Existing Regulatory Mechanisms

The Service evaluated existing Federal, State, and local regulatory
mechanisms prior to preparing the proposed rule for listing the two
plant taxa. The Service found evidence of inadequacy of the existing
regulatory mechanisms at that time. These regulatory mechanisms
included: (1) Listing under the California Endangered Species Act
(CESA); (2) the California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA); (3) conservation provisions
under section 404 of the Federal Clean Water Act and Section 1603 of
the California Fish and Game Code; (4) occurrence with other species
protected by the Federal Endangered Species Act; (5) land acquisition
and management by Federal, State, or local agencies, or by private
groups and organizations; and (6) local laws and regulations. The
Service believes that actions taken by the NPS for the protection of
Dudleya blochmaniae ssp. insularis and Dudleya sp. nov. ``East Point''
are sufficient to assure that regulatory mechanisms are adequate to
protect these two plant taxa. Heuchera maxima is now known to be
present in a sufficient number of populations (McEachern and Wilken
1996) so that any inadequacies of these regulatory mechanisms no longer
pose a significant threat to this species.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Introduced species of grasses and forbs have invaded many of
California's plant communities. Such weedy species can displace the
native flora by out-competing them for nutrients, water, light, and
space. Weedy plant invasions are facilitated by disturbances such as
grazing, developments, and various recreational activities.
Grazing by livestock typically changes the composition of native
plant communities by reducing or eliminating species that cannot
withstand trampling and predation (see Factors A and C), and enabling
more resistant (usually alien) plant species to increase in abundance.
Seed from non-sterile hay and animal feces increases the likelihood of
invasion of exotic species and prevents re-establishment of native
plants. Exotic species may flourish with grazing and may reduce or
eliminate native plant species through competition for resources. The
invasion of non-native species into the habitats of Dudleya blochmaniae
ssp. insularis and Dudleya sp. nov. ``East Point'' was cited as a
significant threat to these populations in the proposed rule

[[Page 41019]]

primarily due to the ongoing effects of alien mammals on these
habitats. Due to the fencing installed by the NPS, these impacts have
been reduced to the point that they no longer pose a significant threat
to the survival of these taxa. With over 50 recently reported
populations, Heuchera maxima is now known to occur in greater abundance
than was previously known and, due to the discovery of these additional
populations, the Service believes that this species is no longer
threatened with extinction.
Because Dudleya blochmaniae ssp. insularis and Dudleya sp. nov.
``East Point'' are both known only from single populations with few
individuals, they remain vulnerable to extinction due to random events,
such as drought, and storms. Neither taxon has ever been reported to
occur at any locality other than the single sites to which it is
currently restricted. Pro-active recovery efforts to lessen the threat
of such random events typically involve the establishment of additional
populations, but Service policy precludes the introduction of listed
species outside their historic range without specific approval from the
Director. To lessen the vulnerability of these taxa to random events,
the NPS has proposed to establish a seed banking program (NPS 1997).
Because of the low probability of such a random event taking place, the
significance of the threat from such an event in the absence of other
factors, is insufficient to warrant listing of these species. Heuchera
maxima is now known to occur in sufficient numbers that threats
resulting from few, small populations are no longer of concern.

Finding and Withdrawal

After a thorough review and consideration of all information
available the Service has determined that listing of Dudleya
blochmaniae ssp. insularis, Dudleya sp. nov. ``East Point'' and
Heuchera maxima as endangered is no longer warranted. The Service has
carefully assessed the best scientific and commercial information
available in the development of this withdrawal notice. Fencing
installed by the NPS since the time of the proposed rule has
sufficiently reduced the threats of soil loss, trampling and herbivory
by cattle and non-native mammals, and the invasion of competitive alien
weeds into habitat of the two dudleya species so that listing is no
longer warranted. Other factors cited in the proposed rule, including
overcollection, inadequate regulatory mechanisms, and extinction from
random events, are of insufficient magnitude to warrant listing in the
absence of any significant threat from other factors. Heuchera maxima
is now known to occur in more than 50 populations and the Service now
believes that this species is no longer threatened with extinction. A
final rule listing the other 13 plant taxa included in the original
proposed rule is published in the Federal Register concurrently with
this notice of withdrawal of the proposal to list Dudleya blochmaniae
ssp. insularis, Dudleya sp. nov. ``East Point'' and Heuchera maxima.

References Cited

A list of all references cited herein is available upon request
from the U.S. Fish and Wildlife Service Ventura Field Office (see
ADDRESSES section).
Author: The primary author of this withdrawal notice is Tim Thomas,
Ventura Field Office (see ADDRESSES section).

Authority

The authority for this action is section 4(b)(6)(B)(ii) of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.

Dated: July 24, 1997
John G. Rogers,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-20132 Filed 7-30-97; 8:45 am]
BILLING CODE 4310-55-P

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-20132. Public record. Not legal advice.