Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Two Plants and Threatened Status for Four Plants From Southern California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for Two Plants and Threatened Status for Four Plants

From Southern California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

endangered status for Astragalus brauntonii (Braunton's milk-vetch) and

Pentachaeta lyonii (Lyon's pentachaeta) and threatened status for

Dudleya abramsii ssp. parva (Conejo dudleya), Dudleya cymosa ssp.

marcescens (marcescent dudleya), Dudleya cymosa ssp. ovatifolia (Santa

Monica Mountains dudleya), and Dudleya verityi (Verity's dudleya).

These taxa occur in grassland, chaparral, or coastal sage scrub

habitats in the mountains surrounding the Los Angeles basin,

California. The six plants are threatened by one or more of the

following--urban development, recreational activities, alteration of

fire cycles and fire suppression activities, overcollecting, habitat

fragmentation and degradation, and competition from invasive weeds.

Several of the plants are also threatened by naturally occurring events

by virtue of their small numbers and population sizes. This rule

implements the protection and recovery provisions provided by the

Endangered Species Act (Act) for these plants.

EFFECTIVE DATE: February 28, 1997.

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

by appointment during normal business hours at the Ventura Field

Office, U.S. Fish and Wildlife Service, 2493 Portola Road, Suite B,

Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Carl Benz, Assistant Field Supervisor,

Ventura Field Office (see ADDRESSES section) (telephone: 805/644-1766;

facsimile: 805/644-3458).

SUPPLEMENTARY INFORMATION:

Background

Astragalus brauntonii (Braunton's milk-vetch), Pentachaeta lyonii

(Lyon's pentachaeta), Dudleya abramsii ssp. parva (Conejo dudleya),

Dudleya cymosa ssp. marcescens (marcescent dudleya), Dudleya cymosa

ssp. ovatifolia (Santa Monica Mountains dudleya), and Dudleya verityi

(Verity's dudleya) are located around the Los Angeles basin,

California. The lowland plains are bounded by mountains and hills that

expose Mesozoic or older basement rocks and sedimentary and igneous

rocks of late Cretaceous to late Pleistocene age. The southern portion

of the Transverse Ranges forms the northern and western boundary of the

basin and includes the San Gabriel Mountains, the Santa Monica

Mountains, and the Simi Hills. The Santa Ana Mountains at the northern

end of the Peninsular Ranges border the southern region of the basin.

Strong substrate preferences are exhibited by all of the taxa

included in this rule. Populations of Astragalus brauntonii are only

known to occur on small limestone outcrops. Pentachaeta lyonii is found

on clay soils in ecotonal areas between grasslands and shrublands. All

of the dudleyas occur on volcanic or sandstone rock outcrops with

specific microhabitat characteristics. Dudleya verityi and Dudleya

abramsii ssp. parva occur exclusively on the outcrops and soils derived

from the Miocene Conejo volcanics at the western end of the Simi Hills

and the Santa Monica Mountains. Dudleya cymosa ssp. marcescens occupies

the lower slopes of volcanic cliffs in canyons that have perennial

moisture. Dudleya cymosa ssp. ovatifolia is found on rock outcrops with

forms specific to sedimentary conglomerate or volcanic breccia (Nakai

1987, Natural Diversity Data Base (NDDB) 1994).

Most of the major habitat types in which these rare plants occur

are considered sensitive by the botanical community in California.

Large scale loss of habitat, fragmentation, and alteration of natural

ecosystem processes have resulted from development, fire suppression

activities, cattle grazing, and vegetation type conversion by

agricultural practices (Schoenherr 1989). Astragalus brauntonii is

associated with the fire-dependent chaparral habitat dominated by

Adenostoma fasciculatum (chamise), Yucca whipplei (yucca), and the rare

Cupressus forbesii (Tecate cypress). Dudleya abramsii ssp. parva

commonly occurs in a cactus-dominated coastal sage scrub, which

provides nesting habitat for the rare Bell's sage sparrow (Amphispiza

belli belli) and rufous-crowned sparrow (Amophila ruficeps). Most of

the coastal sage scrub where Dudleya verityi occurs is dominated by

Artemisia californica (coastal sagebrush), Eriogonum fasciculatum (wild

buckwheat), Salvia leucophylla (purple sage), and occasionally

Coreopsis gigantea (giant coreopsis). Dudleya verityi is associated

with the rare Eriogonum crocatum (Conejo buckwheat) and Dudleya

blochmaniae ssp. blochmaniae (Blochman's dudleya). A unique lichen

flora of over 70 species is associated with Dudleya verityi and coastal

sage scrub habitat on Conejo Mountain (Riefner 1992). The grassland

habitat in which Pentachaeta lyonii occurs is largely dominated by

introduced old world grass and herb genera such as Avena, Brassica,

Bromus, Centaurea, and Erodium. Several native plant species are

present in these grasslands, including the bunch grass Nassella

pulchra.

Discussion of the Six Plant Taxa

Astragalus brauntonii was first collected in 1901 by Ernest

Braunton near Sherman (now called West Hollywood), Los Angeles County.

Samuel B. Parish described it two years later as Astragalus brauntonii.

In 1929, Per Axel Rydberg published the name Brachyphragma brauntonii

in his revision of the genus; however, this name was not recognized by

most botanists. Rupert Barneby recognized the name Astragalus

brauntonii in his Atlas of North American Astragalus (Barneby 1964).

Astragalus brauntonii is included in the current edition of The Jepson

Manual (Spellenberg 1993).

Astragalus brauntonii is a robust, short-lived perennial in the pea

family (Fabaceae). It is one of the tallest members of the genus,

reaching a height of 15 decimeters (dm) (60 inches (in.)) and is

covered with woolly hairs. A thick taproot and woody basal stem gives

rise to several to many stems. The 4 to 16 centimeter (cm) (1.5 to 6.5

in.) long leaves are pinnately compound with 25 to 33 oblong-ovate,

abruptly pointed leaflets. The light purple flowers are clustered in

35- to 60-flowered racemes 4 to 14 cm (1.5 to 5.5 in.) long. The

beaked, slightly curved pods are oblong-ovoid and 6.5 to 9 millimeters

(mm) (2.5 to 3.5 in.) long. Astragalus brauntonii is readily

distinguished from the only other perennial species of Astragalus in

the

[[Page 4173]]

area, A. trichopodus, by being woolly as opposed to strigose (covered

with sharp, stiff-appressed hairs) or glabrous (without hairs), and by

having two-chambered rather than one-chambered pods (Barneby 1964).

Astragalus brauntonii is considered a limestone endemic; the only

populations not found on limestone are on down-wash sites (seed drift

following a fire event), an occurrence along the edge of a fire road in

Monrovia, and at a location in Chino Hills (Sampson 1985) where the

substrate type is unknown. Surveys for A. brauntonii during post-fire

floristic inventories within its known distribution on substrates other

than limestone have, to date, failed to indicate its presence on non-

limestone soils. The potential occurrence of A. brauntonii on non-

limestone soils should not be discounted; however, it is quite

conspicuous and would be easily detected. Limestone outcrops are

extremely rare within the limits of the known distribution of A.

brauntonii.

Fire is a natural requirement for the survival of this species. The

natural frequency of fire in the habitat of Astragalus brauntonii is

unknown, but estimates range between 20 to over 100 years with an

average of 70-year intervals (Minnich 1989, O'Leary 1990). Higher fire

frequencies have resulted from increasing human populations in southern

California, mostly in the form of arson-caused fires. This species has

a life span of 2 to 3 years, and depending on fire interval, a given

population is visible only once in 20 to 50 or more years.

Astragalus brauntonii is currently known from four general areas in

Ventura, Los Angeles, and Orange counties. One population is found

along the south slope of the Simi Hills of eastern Ventura and western

Los Angeles counties. Two occurrences (one population) are known from

Santa Ynez Canyon in the Santa Monica Mountains, Los Angeles County,

which probably represents the type locality from above Sherman (now

West Hollywood). Two occurrences (one population) are known from Coal

and Gypsum Canyons in the Santa Ana Mountains, Orange County (NDDB

1994). Eight individuals were reported during the preparation of the

Cloverleaf Canyon Specific Plan for the area in 1983 (J. Bitterly,

biologist, Planning Consortium, in litt., 1992) near where historical

collections were made south of Clamshell Canyon, north of Monrovia in

Los Angeles County.

Because reproduction of Astragalus brauntonii is stimulated by fire

events, the total number of individuals varies with current fire

cycles. The largest known population ever recorded was approximately

400 individuals (Orange County) in 1985 following a fire in 1982. No

plants remain there today. Nearby habitat for A. brauntonii in the

Cleveland National Forest was surveyed by endangered plant specialists

from the Rancho Santa Ana Botanic Garden, but no plants were found

(Mistretta 1992). The remaining populations contain no more than

approximately 20 to 30 individuals and the current total number of

individuals is estimated to be fewer than 100. The seed bank for A.

brauntonii may have the capability of generating approximately 1,000

individuals in 4 highly subdivided populations.

Most of the habitat of Astragalus brauntonii is on private land in

areas with expanding development. Four public agencies, the California

Department of Parks and Recreation (DPR), the Conejo Open Space

Conservation Agency (COSCA), the Rancho Simi Parks and Recreation

District, and the National Park Service (NPS), have small colonies

within their jurisdictions that may not be viable. All of the protected

habitat occurs in the immediate vicinity of urban development.

Astragalus brauntonii is threatened by direct loss from urban

development, fragmentation of habitat and reduced capabilities for

sustained ecologic processes, fragmented ownership of single

populations resulting in different landscape treatments, alteration in

fire cycles, and extinction from naturally occurring events due to

small population sizes and low numbers of individuals (Mistretta 1992,

NDDB 1994).

The name Pentachaeta lyonii (Lyon's pentachaeta) was first

published by Asa Gray in 1886 (Van Horn 1973) based on a plant

collected by William Lyon ``near Palos Verdes Mountain'' in Los Angeles

County. David Keck (1958) renamed the plant Chaetopappa lyonii, which

was subsequently recognized by Munz (1959). Pentachaeta is recognized

as the accepted genus name based on a monograph on the taxonomic status

of Pentachaeta and Chaetopappa, in which comparisons of morphology,

anatomy, and breeding systems demonstrated that the two genera are not

closely related (Van Horn 1973).

Pentachaeta lyonii is a 6 to 48 cm (2.4 to 18.9 in.) tall annual in

the aster family (Asteraceae) with yellow flowers that bloom in late

spring (April to June). It is distinguished from other members of the

genus by its hairy phyllaries, larger numbers of pappus bristles, and

its reddish branches originating from the upper portion of the plant.

The corollas of the ray flowers are typically curled and the leaves are

narrowly linear with ciliate margins (Van Horn 1973). There are no

other members of the genus in the region.

Pentachaeta lyonii occupies pocket grassland sites that intergrade

with shrublands, and the edges of roads and trails. Species typically

associated with P. lyonii include Chorizanthe staticoides (turkish

rugging), Calochortus catalinae (Catalina mariposa lily), Nassella

pulchra (purple needle-grass), and annual members of the phlox family

(Polemoniaceae) (Thomas and Danielsen 1984). Habitat of P. lyonii is

characterized by a low percentage of total plant cover and exposed

soils with a microbiotic crust (Belnap 1990), partially assisting in

reducing competition with other species. Rodents (Perognathus spp. and

Peromyscus spp.) and harvester ant colonies (Pogonomyrex spp.) also

control the density of associated vegetation (Thomas and Wishner 1988).

There are very few collections of Pentachaeta lyonii; the majority

were made around the turn of the century and from locations where the

species has been extirpated, including Palos Verdes Peninsula and Santa

Catalina Island.

The first record from the Santa Monica Mountains dates from 1926

from an unknown location in the Malibu Hills (NDDB 1994). It was not

until 1964, when Peter Raven was collecting for the 1966 Flora of the

Santa Monica Mountains that P. lyonii was again documented from the

Santa Monica Mountains (P. Raven, in litt., 1964). That population has

since been extirpated by conversion to agriculture (NDDB 1994). David

Verity discovered the easternmost population of P. lyonii in the Santa

Monica Mountains at Stunt Ranch in 1977 (NDDB 1994).

Pentachaeta lyonii is currently known from five population units in

the Santa Monica Mountains and the western Simi Hills, a distance of

approximately 32 kilometers (km) (20 miles (mi)), distributed in a

highly fragmented landscape. The East unit consists of 1 occurrence

with 4,000 individuals; the Mulholland crest unit has 3 occurrences

with 1,200 individuals; the Central unit has 7 occurrences with 28,000

individuals; the Conejo Ridge unit has 7 occurrences with 2,900

individuals; and the North unit has 4 occurrences with 1,000

individuals. Five of these occurrences are known to exist on public

lands managed by the NPS, the Las Virgenes Municipal Water District,

and COSCA. Since publication of the proposed rule, three occurrences on

public lands (Stunt Ranch, Malibu Creek State Park, and Arroyo Sequit)

appear to have become extirpated

[[Page 4174]]

(NDDB 1994). The remaining locations are on privately owned land, most

with active primary and secondary threats from existing or proposed

development. Primary threats include those that eliminate populations

during construction. Secondary threats include the influence of the

project on the surrounding environment in the form of local disturbance

facilitating the introduction of competitive weeds and alteration of

ecosystem processes. Other sites containing potential habitat for P.

lyonii are limited, reducing the likelihood of finding additional

unthreatened and viable populations of this species.

In southern California, dudleyas or live-forevers (Dudleya) are

succulent, rosette-forming perennial plants in the stonecrop family

(Crassulaceae). Members of this genus frequently inhabit rocky soils or

rock outcrops, both along the coast and in interior mountain ranges.

The Santa Monica Mountains represent one of the most diverse

concentrations of the genus. Because of the patchy and limited

distribution of such habitats within other plant community types, many

species of Dudleya tend to be highly localized in their distribution.

Dudleya abramsii ssp. parva (Conejo dudleya) was first described in

1923 as D. parva by Joseph Rose and Anstruther Davidson (Moran 1948)

based on a cultivated collection made a year earlier by Mrs. J. H.

Bullard from the Conejo Grade in Ventura County. No further mention was

made of the plant in other regional floras for several decades,

although Munz listed D. parva as a synonym of Echeveria lanceolata in

1935 (Moran 1948). In 1960, Reid Moran recognized D. parva in his

treatment of the genus (Moran in Jacobsen 1960), and it was

subsequently also recognized by Munz in his Flora of Southern

California (1974). Jim Bartel (1991) published the combination D.

abramsii ssp. parva, based on similar floral features between D. parva

and D. abramsii.

Dudleya abramsii ssp. parva forms a rosette of oblanceolate leaves

that are 1.5 to 4 cm (0.6 to 1.6 in.) long, 3 to 6 mm (1.2 to 2.4 in.)

wide, and that, unlike most taxa in the subsection Dudleya, wither by

early summer. The inflorescence is 5 to 18 cm (2 to 7.1 in.) long,

tipped with pale yellow flowers that are often flecked with red on the

keel. The roots are constricted at irregular intervals (Munz 1974).

Dudleya abramsii ssp. parva is distinguished from other local Dudleya

taxa by its flower color, root constrictions and withering leaves.

Dudleya abramsii ssp. parva is known only from the western terminus

of the Simi Hills west along the Montclef Ridge to the Conejo Grade, a

distance of approximately 16 km (10 mi). There are only 11 reported

populations, with numbers of individuals varying from a few thousand at

one population to as few as 25. The majority of the populations number

in the hundreds of individuals. Dudleya abramsii ssp. parva grows at

the base of scattered rock outcrops of the Conejo volcanics in

grassland and coastal sage scrub habitats. A portion of the plant's

habitat is on lands designated as ``open space'' by COSCA; the

remaining habitat is privately owned. Threats to this taxon include

recreational activity (hiking and equestrian use), urban development,

fire management and suppression activities, and collection (NDDB 1994,

Skinner and Pavlik 1994).

Dudleya cymosa was first described by Charles Antoine Lemaire in

1858 as Echeveria cymosa based on a collection sent to him by the

Belgian horticulturalist Louis de Smet; however, the type locality is

unknown and the type specimen has been lost (Moran 1951, Nakai 1987).

In 1903, Britton and Rose renamed the taxon Dudleya cymosa (Moran

1951). Dudleya cymosa includes seven subspecies that range throughout

California in the Sierra Nevada, Coast Ranges, Transverse Ranges, and

the northern portion of the Peninsular Ranges; however, the two

subspecies discussed in this rule have restricted distributions.

Dudleya cymosa ssp. marcescens (marcescent dudleya) was first

observed by Charlotte Hoak in 1932 in Little Sycamore Canyon in the

Santa Monica Mountains (Rooksby 1936). However, the plant was not

described until 1951 by Moran, based on a specimen that he collected in

1948 at the same location (Moran 1951, 1957).

Dudleya cymosa ssp. marcescens is distinguished from other

subspecies of D. cymosa by the habit of the rosette leaves withering in

the summer. The rosette leaves are 1.5 to 4 cm (0.6 to 1.6 in.) long

and 5 to 12 mm (2.0 to 4.7 in.) wide; the caudex is 2 to 7 mm (0.8 to

2.8 in.) thick; floral stems are 4 to 10 cm (1.6 to 4 in.) tall;

corollas are bright yellow to yellow with red markings to bright red

(Munz 1974). This subspecies typically occurs on the lower reaches of

sheer volcanic rock surfaces and canyon walls adjacent to perennial

streams. In most locations, the topographic relief has precluded soil

formation; therefore, this taxon may be the only vascular plant in a

microhabitat otherwise dominated by mosses and lichens (NDDB 1994).

Dudleya cymosa ssp. marcescens is known from seven occurrences in

the Santa Monica Mountains, from Hidden Valley to Malibu Creek State

Park, a distance of 24 km (15 mi). Estimates of the number of

individuals at each occurrence are between 50 and 200 plants; the total

number of individuals is estimated to be less than 1,000. The

microhabitat requirements of the plant limit the possibility that any

additional large populations will be found. Half of the populations

occur on lands owned and managed by the DPR; two locations are managed

by the NPS--one on an administrative easement where the landowner has

drastically altered the native vegetation (pine plantings in a cleared

oak grove), and another in an area that receives unsupervised

recreational use (boulder hopping and rock climbing). The remaining

populations are on lands in private ownership, several of which are

threatened by development (Skinner and Pavlik 1994, NDDB 1994). On DPR

and NPS lands, the plant is threatened by recreational use,

particularly rock climbing, foot traffic, collection, and fire (Skinner

and Pavlik 1994, NDDB 1994).

The distinct variation in Dudleya cymosa ssp. marcescens between

sites has been commented upon (Mark Dodero, graduate student, San Diego

State University, pers. comm., 1992). Nakai believes that a small

population at Rattlesnake Canyon in Santa Barbara County shares

characteristics with this subspecies (Kei Nakai, pers. comm., 1992).

Bartel (in litt., 1992b) has made a tentative determination of D.

cymosa ssp. marcescens for a population in the Santa Ana Mountains,

Orange County. Daryl Koutnik, who has also studied the systematics of

these taxa, questions these determinations (J. Schwarze, in litt.,

1993). If these additional populations prove to be D. cymosa ssp.

marcescens, they are unlikely to alter the status of this subspecies

due to the threats and limited population numbers in the Santa Monica

Mountains.

Dudleya cymosa ssp. ovatifolia (Santa Monica Mountains dudleya) was

first described as D. ovatifolia by Britton in 1903 based on a

collection made by H.M. Hall the previous year. The type locality is

listed as ``Sierra Santa Monica,'' thought to be Topanga Canyon in Los

Angeles County (Moran 1951). The species was subsequently recognized as

Cotyledon ovatifolia and Echeveria ovatifolia (Fedde 1904 and Berger

1930 respectively in Moran 1951) when broad generic concepts were

applied to the family Crassulaceae. Moran published the new combination

Dudleya cymosa ssp. ovatifolia in 1957.

[[Page 4175]]

In 1983, Nakai considered the plants he found near Agoura, Los

Angeles County, to be one of ``two somewhat distinct races'' of Dudleya

cymosa ssp. ovatifolia. The ovate leaves with a maroon underside

distinguish the ``Topanga'' race of D. cymosa ssp. ovatifolia from

other Dudleya, while the glaucous leaves and lemon-yellow flowers

separate the ``Agoura'' race of D. cymosa ssp. ovatifolia from other

local species. Four years later, however, Nakai (1987) published the

new combination D. cymosa ssp. agourensis to refer to ``Agoura''

material. Nakai distinguished the new subspecies from D. cymosa ssp.

ovatifolia by the number and shape of rosette leaves, pedicel length,

and degree of spreading in petal apices. Bartel (in litt., 1992a)

concluded that these characters were insufficient to warrant taxonomic

recognition as a subspecies of D. cymosa. As a result, Bartel (1993)

lumped D. cymosa ssp. agourensis with D. cymosa ssp. ovatifolia in his

revision of the genus for The Jepson Manual. For the purposes of this

rule, Dudleya cymosa ssp. ovatifolia includes D. cymosa ssp. agourensis

as described by Nakai.

Like many Dudleya taxa, D. cymosa ssp. ovatifolia has rosette

leaves that are evergreen rather than withering in the summer. Leaves

are 2 to 5 cm (0.8 to 2 in.) long and 1.5 to 2.5 cm (0.6 to 1 in.)

wide; floral stems are 4 to 15 cm (1.6 to 6.0 in.) tall; corollas are

pale yellow (Munz 1974). Dudleya cymosa ssp. ovatifolia is found

scattered along exposed north-facing slopes of the Santa Monica

Mountains from near Westlake Village to Agoura, and in deep canyon

bottoms along lower Malibu Creek and Topanga Creek. Less than ten

occurrences have been reported, each consisting of no more than several

hundred individuals. While future surveys may locate additional

occurrences of the ``Agoura'' form along the northern slopes of the

Santa Monica Mountains, the limited amount of habitat available makes

it unlikely that the total number of individuals will exceed several

thousand (NDDB 1994).

Material collected by David Verity (pers. comm., 1992) from

Modjeska Canyon on the western flank of the Santa Ana Mountains, Orange

County, in 1951 was included by Uhl and Moran (1953) in their

cytotaxonomic article on Dudleya as D. ovatifolia. These populations,

which are not threatened (U.S. Fish and Wildlife Service (USFWS), in

litt., 1996), represent a range disjunction of approximately 100 km (60

mi) to the southeast of the Santa Monica Mountains. Boyd et al. (1995)

reported that the subspecies in the Santa Ana Mountains was ``[l]ocally

common on north-facing cliffs in chaparral, central Santiago Canyon

near Fleming Peak to near the summit of the west slope of Modjeska

Peak.'' Co-author Fred Roberts indicated that ``local and restricted,

but common where found'' would better describe the distribution (Fred

Roberts, USFWS, pers. comm., 1996).

Populations of Dudleya cymosa ssp. ovatifolia in Malibu and Topanga

Canyons occur largely on lands owned and managed by the DPR. One of

these populations is relatively inaccessible, however, another

occurrence is directly adjacent to private property that has been

bulldozed for development access (Suzanne Goode, Resource Ecologist,

DPR, Santa Monica Mountains, pers. comm., 1992). Two occurrences are on

lands designated as open space by COSCA, while the remaining

occurrences in the Santa Monica Mountains are on several privately

owned properties zoned for commercial and residential development along

the north slope of Ladyface Mountain. A cumulative impacts analysis

from an area project proposal shows at least 74 projected proposed or

under construction within 6.4 km (4 mi) of the Santa Monica Mountains

populations (County of Los Angeles, in litt., 1996). This density of

development threatens the habitat of D. c. ssp. ovatifolia.

Dudleya verityi (Verity's dudleya) was originally collected in 1944

by Moran, who treated it as D. caespitosa. In their 1966 Flora of the

Santa Monica Mountains, Peter Raven and Henry Thompson treated it as D.

farinosa. In 1983, Nakai described it as Dudleya verityi (Nakai 1983).

Dudleya verityi is unique among Dudleya taxa in this rule in that

it forms multiple rosettes, as many as 100 to a colony. Rosette leaves

are 2 to 5 cm (0.8 to 2 in.) long and 5 to 8 mm (0.2 to 0.4 in.) wide;

floral stems are 5 to 15 cm (2 to 5.9 in.) tall; corollas are lemon-

yellow with petal tips recurved up to 90 degrees. Nakai (1983)

distinguished D. verityi from D. caespitosa by its much shorter leaves

and flowering stems. He separated D. verityi from D. cymosa ssp.

ovatifolia by its more elongated caudex, multiple dichotomously

branched rosettes, and paler flowers (Nakai 1983, 1987).

Dudleya verityi is limited to three populations occurring in a

narrow band 6.4 km (4 mi) in length along the lower slopes of Conejo

Mountain, from Long Grade Canyon to U.S. highway 101. The northernmost

population consists of over a thousand individuals and another is

considered abundant in the limited habitat it occupies (Envicom 1992,

NDDB 1994). Historically, the lower slopes of Conejo Mountain have been

the site for quarrying of construction-grade rock. The land is zoned

for mineral extraction and there are abandoned, active, and proposed

quarry operations within the distribution of D. verityi. The majority

of the distribution of D. verityi is privately owned in a region with

rapidly increasing development. Only a small portion of habitat is

owned by a public agency (Ventura County Flood Control District).

Previous Federal Action

Federal government action on these six plants began as a result of

section 12 of the Endangered Species Act of 1973, which directed the

Secretary of the Smithsonian Institution to prepare a report on those

plants considered to be endangered, threatened, or extinct. This

report, designated as House Document No. 94-51, and presented to

Congress on January 9, 1975, recommended Astragalus brauntonii and

Dudleya abramsii ssp. parva (as Dudleya parva) for threatened status,

and Dudleya cymosa ssp. marcescens and Pentachaeta lyonii for

endangered status. The Service published a notice in the July 1, 1975,

Federal Register (40 FR 27823) of its acceptance of the report as a

petition within the context of section 4(c)(2) (now section 4(b)(3)(A))

of the Act, and of the Service's intention thereby to review the status

of the plant taxa named therein. The above four taxa were included in

the July 1, 1975, notice. The Service published a proposal in the June

16, 1976, Federal Register (42 FR 24523) to determine approximately

1,700 vascular plant species to be endangered species pursuant to

section 4 of the Act. Dudleya cymosa ssp. marcescens and Pentachaeta

lyonii were included in the June 16, 1976, Federal Register.

General comments received in regard to the 1976 proposal were

summarized in the April 26, 1978, Federal Register (43 FR 17909). The

Endangered Species Act amendments of 1978 required that all proposals

over 2 years old be withdrawn. A 1-year grace period was given to those

proposals already more than 2 years old. In the December 10, 1979,

Federal Register (44 FR 70796), the Service published a notice of

withdrawal of the June 6, 1976, proposal along with four other

proposals that had expired.

The Service published an updated notice of review for plants in the

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

Astragalus brauntonii, Dudleya cymosa ssp. marcescens, D. parva, and

Pentachaeta lyonii as category 1 candidate species (species for which

[[Page 4176]]

data in the Service's possession are sufficient to support proposals

for listing). On November 28, 1983, the Service published in the

Federal Register a supplement to the Notice of Review (48 FR 39526);

the plant notice was again revised on September 27, 1985 (50 FR 6184).

Dudleya abramsii ssp. parva (as D. parva) was included in the 1983

supplement and the 1985 revision as a category 1 candidate species.

Astragalus brauntonii, D. cymosa ssp. marcescens, and Pentachaeta

lyonii were included in both of these revisions as category 2 species

(species for which data in the Service's possession indicate listing

may be appropriate, but for which additional biological information is

needed to support a proposed rule). Dudleya verityi was included for

the first time in the 1983 supplement, and again in the 1985 revision,

as a category 2 species. On February 21, 1990 (55 FR 6184), the plant

notice was again revised, and Dudleya parva and Pentachaeta lyonii were

included as category 1 taxa, while Astragalus brauntonii, D. cymosa

ssp. marcescens, and D. verityi were included as category 2 taxa.

Dudleya cymosa ssp. ovatifolia did not appear in a notice of review.

Data gathered during the request for information period were sufficient

to determine that proposed listing was warranted. The proposed rule

constituted the first Federal action on D. cymosa ssp. ovatifolia.

Section 4(b)(3)(B) of the Endangered Species Act, as amended in

1982, requires the Secretary to make findings on certain pending

petitions within 12 months of their receipt. Section 2(b)(1) of the

1982 amendments further requires that all petitions pending on October

13, 1982, be treated as having been newly submitted on that date. This

was the case for Astragalus brauntonii, Dudleya abramsii ssp. parva (as

D. parva), D. cymosa ssp. marcescens, and Pentachaeta lyonii because

the 1975 Smithsonian report was accepted as a petition. Annually in

October of 1983 through 1991, the Service found that the petitioned

listing of these taxa was warranted, but that their listing was

precluded by other higher priority listing actions. The publication of

the proposed rule constituted a warranted finding for these taxa, as

well as for D. verityi and D. cymosa ssp. ovatifolia.

On November 30, 1992, the Service published a proposed rule in the

Federal Register (57 FR 56541) to list Astragalus brauntonii and

Pentachaeta lyonii as endangered and Dudleya abramsii ssp. parva,

Dudleya cymosa ssp. marcescens, Dudleya cymosa ssp. ovatifolia, and

Dudleya verityi as threatened.

The processing of this final rule follows 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 (Public Law 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 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. The Ventura Field Office has

confirmed that the overall status of the taxa in this final rule has

not improved since publication of the proposed rule.

Summary of Comments and Recommendations

In the November 30, 1992, proposed rule and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. A newspaper notice inviting public comment was published in

the Los Angeles Times on December 11, 1992. The comment period closed

on January 29, 1993. Appropriate Federal agencies, State agencies,

local governments, scientific organizations, and other interested

parties were contacted and requested to comment.

The Service received 17 letters concerning the proposed rule during

the comment period, including those of 1 Federal agency, 1 State

agency, and 15 individuals or groups. Twelve respondents expressed

support for the listing proposal, three opposed it, and two were

neutral. Several commenters provided additional information; this

information and other clarifications have been incorporated into the

final rule. Opposing and technical comments on the rule have been

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

to each issue are summarized as follows:

Issue 1

One commenter, citing data from the Natural Diversity Data Base

(NDDB), asserted that the proposed rule did not include substantial

information to justify the listing of Pentachaeta lyonii.

Response

Under section 4(b)(1)(A) of the Act, the Service must use the best

scientific and commercial information available when determining

whether a species is endangered or threatened. This listing is based on

the best available scientific and commercial information, including

literature records, Service fieldwork, communication with field

biologists familiar with the species and its threats, local lead

agencies, landowners, and NDDB data. Most of the respondent's comments

referred only to NDDB information. The Service had access to the data

used to enter information into NDDB records and communicated with the

field biologists who supplied the data to the NDDB. The Service

believes that sufficient evidence of threats to Pentachaeta lyonii and

the other five taxa is presented in this rule to warrant their

protection under the Act. (See ``Summary of Factors Affecting the

Species'' below.) The Service maintains that the final decision to list

Pentachaeta lyonii is based on the best available scientific and

commercial information.

Issue 2

One commenter referred to the NDDB's use of the global and state

ranking system, stating that Pentachaeta lyonii was incorrectly ranked

and is actually not rare enough to be considered endangered.

Response

The Service did not base this listing on the global and state

rarity ranking systems used by the NDDB. The evaluation of rarity by

the NDDB for the global and state ranking system counts what the NDDB

considers to be viable occurrences of species. The ranking system

contained only two and possibly four occurrences of Pentachaeta lyonii

(Susan Cochrane, Division Chief, Natural Heritage Division, California

Department of Fish and Game (CDFG), in litt., 1993). The majority of

these occurrences are actually small, declining, damaged, and/or

experiencing a high level of threat from habitat loss and therefore are

not viable in the view of the Service.

Issue 3

One commenter suggested that the NDDB data for Pentachaeta lyonii

illustrated the fact that there are numerous populations, the

population sizes are large, and the status of the species is improving.

[[Page 4177]]

Response

The NDDB often includes more than one occurrence number to record a

biological population. A single occurrence may encompass multiple

property ownerships, resulting in several records of occurrence for a

single population. This method of recording a population may provide an

artificially high record for the number of biological populations. The

text of the rule has been amended to define the distribution of

Pentachaeta lyonii as occurring in five population units (landscape

units or metapopulations), each comprising several colonies. The

Service acknowledges that new populations have been discovered in the

last two decades; however, the implication that the species' status has

improved is in error. The commenter indicated having knowledge of four

additional occurrences; however, no information was submitted to the

Service to substantiate those claims. The majority of new information

on the distribution of P. lyonii is a result of early compliance

surveys for development proposals. The subsequent project redesigns

have been inadequate to protect the habitat for this species, and

mitigation measures approved by various local lead agencies have proven

inadequate for long-term population viability (C. Wishner, biologist,

Envicom Corp., pers. comm., 1994). The majority of information

available indicates that populations have declined. Disruptive events,

such as direct loss of colonies to development and secondary impacts of

disturbance including displacement by non-native weeds, have also

resulted in a declining population trend. It is typical for an annual

plant species to occur locally in large numbers, where hundreds of

thousands of individuals constitute viable populations. The total

aggregate number of individuals of P. lyonii is less than 50,000;

however, the majority of the occurrences each have less than 1,000

individuals. Extinction from naturally occurring events is possible

even for the largest known populations of P. lyonii. The Service

therefore concludes that populations are neither large nor numerous and

that the status of the species is declining.

Issue 4

One commenter asserted that the distribution of Pentachaeta lyonii

is extensive and may still include the Palos Verdes Peninsula and Santa

Catalina Island.

Response

The Service does not believe that the distribution of this species

is extensive. Pentachaeta lyonii is a narrowly localized endemic with a

highly fragmented and discontinuous distribution in the Santa Monica

Mountains and the western Simi Hills. The Service has reviewed the

records of historical distribution for the Palos Verdes Peninsula and

Santa Catalina Island. The Service has consulted field botanists

specifically searching for P. lyonii in those locations and determined

that the species has been extirpated from those localities (CDFG 1989).

The vast majority of habitat in the region of Palos Verdes has been

developed, and the open space on Santa Catalina Island has been

severely overgrazed and altered by the introduction of non-native

animals and plants.

Issue 5

One commenter questioned the need to federally list Pentachaeta

lyonii, stating that the California State Endangered Species Act

protects the species.

Response

The failure of existing regulatory mechanisms, including the

California Endangered Species Act, to adequately protect the plant is

addressed under Factor D in the ``Summary of Factors Affecting the

Species'' section (see below).

Issue 6

Two commenters expressed opinions regarding the ecological function

of fire and its importance to the integrity of viable habitat for

Pentachaeta lyonii and Astragalus brauntonii. One commenter stated that

prescribed fire is not and will never be a feasible management tool in

the Santa Monica Mountains due to the danger to personal property. One

commenter questioned the Service's statement that the 15 m (50 ft)

buffer zone for rare plant reserves currently required as mitigation

for impacts caused by development is inadequate and, therefore, that

proposed development constitutes a threat.

Response

The placement of development adjacent to fire-prone habitats will

necessarily require fuels modification. Although the development might

not actually remove sensitive plant species during construction, a 15 m

(50 ft) buffer falls within the 30 to 60 m (100 to 200 ft) fuels

modification zone. The removal of vegetation in the fuels modification

zone adversely changes the basic ecological processes that are part of

the required habitat of these two species. More information on fire

management is presented under Factor A in the ``Summary of Factors

Affecting the Species'' section (see below). Prescribed burns are

currently conducted by the fire departments of Los Angeles and Ventura

counties within the Santa Monica Mountains and the Simi Hills. A dual

purpose plan designed to use prescribed fire for fuels reduction and

Pentachaeta lyonii habitat management by establishing a fire-safe

buffer distance could reduce or eliminate the local threats of habitat

modification by local development.

Issue 7

Two commenters thought that human-caused disturbance of the soil in

the habitats of Astragalus brauntonii and Pentachaeta lyonii was not a

threat to viable populations.

Response

Although some populations of Astragalus brauntonii and Pentachaeta

lyonii occur within anthropogenically disturbed areas, no experimental

data exist on the response of these two species to soil disturbance.

However, human-induced disturbance causes the destruction and

modification of the integrity of natural habitats and in the process

facilitates the establishment of competitive non-native weeds.

Pentachaeta lyonii populations have apparently been lost and replaced

by a dense community of weeds near Stunt Ranch and along upper Westlake

Boulevard.

The Service solicited the opinions of several appropriate

specialists regarding pertinent scientific or commercial data and

assumptions relating to the taxonomy and biological and ecological

information for these six taxa. All responses received supported the

proposed rule. Additional data provided by the reviewers have been

incorporated into this final rule.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Astragalus brauntonii Parish

(Braunton's milk-vetch) and Pentachaeta lyonii Gray (Lyon's

pentachaeta) should be classified as endangered species and that

Dudleya cymosa (Lem.) Britt. & Rose ssp. marcescens Moran (marcescent

dudleya), Dudleya cymosa (Lem.) Britt. & Rose ssp. ovatifolia (Britt.)

Moran (Santa Monica Mountains dudleya), Dudleya abramsii Rose ssp.

parva (Rose & Davids) Bartel (Conejo dudleya), and Dudleya verityi

Nakai (Verity's dudleya) should be classified as threatened species.

Procedures found at section 4 of

[[Page 4178]]

the Endangered Species Act (16 U.S.C. 1531) and regulations (50 CFR

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

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 the six plant

taxa in this rule are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

Steep terrain typifies the habitat of Astragalus brauntonii and,

until the recent increase of urban sprawl, it has remained relatively

secure. Now that the majority of flat lands have been developed,

several populations occupying rugged terrain have been destroyed by

urban development. Within the last 15 years, one colony has been

extirpated (Monrovia) and two others have incurred significant losses

related to development (Santa Ynez Canyon and Simi Hills). Another

location has been approved for development by the City of Anaheim (Coal

Canyon). There are no known populations that are not facing primary or

secondary threats to survival. Only a small portion of the Santa Ynez

Canyon population occurs on public lands (DPR) and a portion of the

population was bulldozed during fire suppression activities in 1993.

The City of Anaheim has approved a development that will eliminate

50 percent of the population of Astragalus brauntonii in the Santa Ana

Mountains (C. Spenger, President, Friends of the Tecate Cypress, in

litt., 1993). The County of Ventura has approved a development, with

mitigation measures, that will eliminate a portion of the habitat for

A. brauntonii in the Simi Hills. The proposed mitigation efforts are

strictly experimental, consisting of the movement of limestone soils to

a rare plant reserve with no limestone substrate. The reserve may not

be large enough or far enough away from development to allow periodic

fires. Additionally, there is no contingency in the event that these

efforts fail to establish a long-term viable population of A.

brauntonii. A previously approved development has destroyed most

habitat for this species in Santa Ynez Canyon (S. Goode, pers. comm.,

1992). All of the population areas (Simi Hills, Topanga State Park,

Monrovia, and the Santa Ana Mountains) have experienced habitat

destruction and the remaining habitat is threatened by modification of

natural ecological processes.

Pentachaeta lyonii continues to be negatively impacted by urban

development. The Lake Eleanor Hills Project has been approved by the

City of Westlake Village and will eliminate habitat containing several

thousand plants (Joseph Edminston, Executive Director, Santa Monica

Mountains Conservancy, in litt., 1991). The Lake Sherwood Golf Course

and the Ronald Reagan Presidential Library, both recently approved and

developed, have eliminated significant habitat for Pentachaeta lyonii.

Sites that have been set aside as ex situ mitigation areas, with seed

and soil transported from Pentachaeta lyonii populations destroyed in

grading operations for development, have failed to successfully

establish viable populations (C. Wishner and J. Bowland, biologist,

pers. comms., 1994). The establishment of an in situ management area

was required as mitigation for the removal of habitat at Lake Sherwood

Golf Course that supported over 3,000 Pentachaeta lyonii individuals

(C. Wishner, in litt., 1994). The site was negatively impacted by

changed hydrology, competition with non-native species, loss of habitat

for potential pollinators, and elimination of natural fire cycles.

There was no buffer zone and it failed to maintain a self-perpetuating

population of P. lyonii.

Currently only a 15 m (50 ft) buffer for avoidance of rare plant

populations is required by local permitting agencies (Ventura County,

City of Thousand Oaks). A 15 m (50 ft) buffer zone falls within the 30

to 60 m (100 to 200 ft) fuels modification zone required in California

and is usually maintained by disking and mowing. This practice modifies

or destroys the habitat characteristics essential to sustaining viable

populations of Pentachaeta lyonii. Two projects, one with a reported

10,000 individuals, have been designed with Pentachaeta lyonii habitat

designated as part of the fuels modification zone (P. Lindsey,

biologist, Impact Sciences, in litt., 1994). Attempts to avoid or

compensate for impacts have produced conditions that are not favorable

for the long-term maintenance of the populations.

Portions of populations of Dudleya cymosa ssp. ovatifolia and D.

abramsii ssp. parva have been extirpated by development in the cities

of Agoura Hills, Thousand Oaks, and Westlake Village. The majority of

their distribution is on private lands located in a region with

increasing development pressures. At least 75 projects are proposed,

approved, or under construction within 6.5 km (4 mi) of Dudleya cymosa

ssp. ovatifolia habitat (County of Los Angeles, in litt., 1996).

Dudleya abramsii ssp. parva is also affected by trampling and off-road

vehicle activities on public and private lands. Weed abatement

operations along roadsides, which involve scraping with a skiploader,

destroyed several hundred individuals of D. cymosa ssp. ovatifolia and

have continued to modify its habitat (T. Thomas, biologist, pers. obs.,

1991). Dudleya verityi survives on cliff habitats at the base of the

Conejo Grade on land zoned for mineral extraction and with existing

quarrying operations. The habitat of Dudleya cymosa ssp. marcescens is

used for rock climbing and rappeling, which destroys the moss substrate

and individual dudleya plants.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Some plant species have become vulnerable to collecting by

curiosity seekers as a result of increased publicity following

publication of a listing rule. Overutilization is probably not

applicable to Astragalus brauntonii or Pentachaeta lyonii. However,

because of the large stature and striking appearance of Astragalus

brauntonii, it may be vulnerable to casual collection, particularly

along firebreaks adjacent to areas used for recreational activities.

Virtually all members of the genus Dudleya have been subject to

collection for horticultural purposes. The four Dudleya taxa in this

rule have all been collected by professional horticulturalists and

probably by amateur collectors and gardeners as well.

C. Disease or Predation

Neither disease nor predation is known to be a factor for any of

the six plant taxa in the wild. As part of a program to mitigate the

loss of a substantial population of Pentachaeta lyonii, plants grown

from seed at Rancho Santa Ana Botanic Gardens were severely damaged by

a white fly infestation (Orlando Mistretta, Rancho Santa Ana Botanic

Garden, pers. comm., 1992).

D. The Inadequacy of Existing Regulatory Mechanisms

The California Fish and Game Commission has listed Dudleya cymosa

ssp. marcescens as rare and Pentachaeta lyonii as endangered under the

Native Plant Protection Act (NPPA) (Div. 2, chapter 1.5 sec. 1900 et

seq. of the CDFG Code) and the California Endangered Species Act (CESA)

(Div. 3, chapter 1.5 sec. 2050 et seq.). Astragalus brauntonii, Dudleya

abramsii ssp. parva, Dudleya cymosa ssp. ovatifolia, and Dudleya

verityi are included on List 1B of the California Native Plant

Society's Inventory (Skinner and Pavlik 1994),

[[Page 4179]]

indicating that, in accordance with chapter 10 sec. 1901 of the CDFG

Code, they are eligible for State listing. Although NPPA and CESA both

prohibit the ``take'' of State-listed plants (chapter 10 sec. 1908 and

chapter 1.5 sec. 2080), these existing statutes appear inadequate to

protect against the taking of such plants via habitat modification or

land use change by the landowner. After the CDFG notifies a landowner

that a State-listed plant grows on his or her property, the CDFG Code

requires only that the landowner notify the agency ``at least 10 days

in advance of changing the land use to allow salvage of such plant''

(chapter 10 sec. 1913).

Local lead agencies empowered to uphold and enforce the regulations

of the California Environmental Quality Act (CEQA) have made

determinations that have or will negatively impact Pentachaeta lyonii,

Astragalus brauntonii, Dudleya abramsii ssp. parva and Dudleya cymosa

ssp. ovatifolia. Mitigation measures used to condition project

approvals are essentially experimental and fail to adequately guarantee

protection of sustainable populations. Species relocation attempts have

failed and project designs have failed to provide an adequate buffer

zone around populations to permit long-term viability at those

locations (Diane Hickson, biologist, CDFG, in litt., 1994). A

mitigation measure approved by Ventura County involves establishing a

rare plant reserve for Astragalus brauntonii on non-occupied habitat.

Limestone soils will be scraped from the destroyed site and placed on

the reserve. Because the small reserve is bordered by development, it

is unlikely that prescribed fire will be used as a management tool. The

in situ preserve is a highly altered water tank site that has little

natural habitat (Rachael Tierney, biological consultant, in litt.,

1990). It is highly doubtful that either measure will support viable

populations of Astragalus brauntonii.

Many mitigation attempts do not achieve the goal of securing long-

term protection for plants (Howald 1993). Three ``protected'' sites

were bulldozed since the publication of the proposed rule--one during a

fire suppression event in 1993, one during fuelbreak maintenance, and

another by earthmoving operations related to the expansion of the

Calleguas Municipal Water District Facility.

In 1991, the State of California established the Natural

Communities Conservation Plan Program (NCCP), pursuant to the Natural

Community Conservation Planning Act. The purpose of the NCCP program is

to provide long-term, regional protection of natural vegetation and

wildlife diversity, while allowing appropriate and compatible land

development (CDFG 1992). The Southern California Coastal Sage Scrub

NCCP Program is the pilot program, and is focused on the coastal sage

scrub plant community, although other associated vegetation communities

are also being addressed in this ecosystem-based planning approach.

Prepared under conservation planning guidance for the Coastal Sage

Scrub NCCP Program, the Natural Community Conservation Plan/Habitat

Conservation Plan was developed for the Central and Coastal Subregion

of Orange County, and approved by the Service on July 17, 1996. Two of

the six taxa in this rule occur within the planning area for the

Central and Coastal Subregional Natural Community Conservation Plan/

Habitat Conservation Plan, including one population of Astragalus

brauntonii and two populations of Dudleya cymosa ssp. ovatifolia.

Although discussed early in the planning process for the Central

and Coastal Subregional Natural Community Conservation Plan/Habitat

Conservation Plan, Astragalus brauntonii is not considered a

``covered'' species under the plan, because sufficient information

regarding the most appropriate protection strategies to adequately

conserve the species was not available during the planning process

(USFWS, in litt., 1996). Species ``covered'' under the Central and

Coastal Subregional Natural Community Conservation Plan/Habitat

Conservation Plan have been treated as if they were listed under the

Act, and their conservation and management is provided for in the plan.

The two occurrences of A. brauntonii in Orange County (Gypsum and Coal

Canyons in the Santa Ana Mountains) are within the Central/Coastal NCCP

Reserve System. Potential habitat of A. brauntonii occurs within the

North Ranch Policy Plan Area in the Central and Coastal Subregion,

which is a specifically designated area where conservation planning has

been delayed due to the lack of detailed information on the life

history of the species in this area. The Central and Coastal

Subregional Natural Community Conservation Plan/Habitat Conservation

Plan contains planning policies intended to guide future conservation

planning in this area, which will focus on protecting regional

biodiversity values and unique and sensitive resources (USFWS, in

litt., 1996). Therefore, protection and management of A. brauntonii via

future preserves and fire management could occur in this area of the

subregion. Even if this population is protected, however, the overall

status of the species remains threatened, making its listing

appropriate.

Dudleya cymosa ssp. ovatifolia is a covered species under the plan

and the two Orange County populations are conserved. Under an agreement

with the participants, CDFG, and the Service, future potential impacts

for covered species are considered adequately addressed through the

minimization and mitigation measures specified in the Central/Coastal

NCCP, including establishment and long-term management of a preserve

system. Although the two populations in Orange County are protected

from threats (USFWS, in litt., 1996), the majority of the distribution

of D. cymosa ssp. ovatifolia, which is outside Orange County, is not

protected and the overall status of the subspecies remains threatened.

While the public agencies that manage lands with occurrences of

these and other sensitive plant taxa have a mandate to protect the

resources, none of those agencies has specific management plans for the

taxa in this rule. Dual mandates for recreation and preservation by the

NPS sometimes result in impacts to sensitive resources. For example, in

the Rocky Oaks unit of the Santa Monica Mountains National Recreation

Area (SMMNRA), equestrian trail use has eliminated subpopulations of

Pentachaeta lyonii. No monitoring of rare plants is being conducted by

the SMMNRA (D. Hickson, in litt., 1994). When the SMMNRA was authorized

by Congress in 1978, it was given the authority to comment on projects

being proposed within the ``sphere of influence'' of the SMMNRA

planning area. However, such comments made by the SMMNRA are not

binding upon the project proponent.

Public agencies reviewing requests for large development projects

are required by CEQA to conduct surveys of the biological resources of

a project site. Sensitive species located during surveys are to be

reported to the NDDB, which is maintained by the CDFG's Natural

Heritage Division. Occasionally the project proponent considers the

information proprietary and the consulting biologists may not report

complete information to the NDDB (USFWS 1994). This has the potential

to further aggravate the endangerment of those species.

E. Other Natural or Manmade Factors Affecting its Continued Existence

The grasslands of California have been affected by grazing for 200

years, resulting in a type-conversion from

[[Page 4180]]

native, annual and perennial grass and herb species to aggressive, non-

native annual species.

The fire management policy of the last 200 years has been one of

fire exclusion, which has disrupted natural processes, causing an

imbalance in ecosystem functioning in grasslands, coastal sage scrub,

chaparral, and oak woodlands. Most California habitats are highly

adapted to periodic fires. The disruption of ecological processes has

not been uniform. In interior blocks of large habitat, the reduction of

fire frequency (by fire suppression) has resulted in an accumulation of

fuels in woody vegetation, making fire intensity and duration more

severe. In contrast, wildlands in proximity to urban areas have been

subjected to increased fire frequencies. In addition, range management

practices have used high fire frequencies to change the vegetation type

from shrub to grass (Biswell 1989). Fire frequencies of one to ten

years can reduce species diversity by causing the elimination of

species dependent on longer periods of time between fires to re-

establish seed banks.

The Nature Conservancy has established a preserve to protect

habitat for Cupressus forbesii (Tecate cypress) and a portion of the

local Astragalus brauntonii population. However, the fire management

required for the protection of the approved developments adjacent to

habitat for these species poses a conflict. Varied and controversial

fire management policies have been implemented in southern California,

generally without any clear understanding of their long-term ecological

effects. The emphasis on fire suppression during the last century has

had a significant effect on natural fire frequencies, intensities and

size. Where fire suppression has been successful, there is a resulting

fuel overloading and when an ignition event takes place, the resulting

fires are usually intense and large. Fire frequencies close to the

urban/wildland interface are often higher, a result of increased arson-

caused ignitions. A vegetation management program was initiated in 1980

when the governor of California approved Senate Bill 1704, entitled

``Prescribed Burning: Brush-Covered Lands'' (Biswell 1989). Current

fire management prescriptions, including wet season burns and crush and

burn techniques, are questionable management tools for maintenance of

sensitive species habitats. When soil and fuel moisture are high,

burning intensity may not be sufficient to induce germination;

conversely, the crush and burn technique may cause increased intensity

and destroy species in the seed bank (White 1990). The use of

prescribed fire as a habitat management tool for Astragalus brauntonii

and Pentachaeta lyonii will be difficult because approved development

is situated extremely close to ``protected'' populations (C. Wishner,

pers. comm., 1994). Fire suppression activities have resulted in the

extirpation of Astragalus brauntonii habitat during the Old Topanga

fire of 1993 (S. Goode, pers. comm., 1994) and Pentachaeta lyonii

habitat during the Greenmeadow fire of 1993 (C. Wishner, pers. comm.,

1994).

Air pollution impacts to coastal sage scrub have been documented in

the Santa Monica Mountains as a threat to the viability and functioning

of the habitat (O'Leary 1990). Niebla ceruchoides, a small cushion

lichen, apparently functions as a nursery for seedling establishment of

Dudleya verityi. The population of Niebla on Conejo Mountain is the

largest on the mainland (it is also known from the California Channel

Islands). Occurrences of Niebla in coastal sage scrub habitats of

coastal southern California are being reduced by habitat loss and air

pollution (Riefner 1992).

At least two populations of Pentachaeta lyonii have been eliminated

from the secondary effects of gopher-tilling of the soil, which

facilitates the growth of competitive non-native weeds. Stable

populations of Pentachaeta lyonii occur in sites that have a crusty

soil surface that results in lower spatial competition from non-native

annual grasses. When the crust is broken, the aggressive non-native

annual weeds have displaced Pentachaeta lyonii (NDDB 1994).

Human-caused disturbances, such as roads, trails, and minor

landform alterations, have functioned to provide a zone where the

competition from aggressive, non-native annual weeds is reduced,

thereby allowing Pentachaeta lyonii to grow. This artificial habitat

contains a zone of highly compacted soils devoid of vegetation

graduating to a zone of high vegetative cover. Between the zones is a

narrow strip of habitat of reduced competition where Pentachaeta lyonii

occasionally occurs. It is not disturbance that is required for viable

Pentachaeta lyonii habitat, rather it is the reduced competition from

non-native species such as Avena spp. (wild oats), Bromus spp. (brome

grass), and Centaurea melitensis (tocalote) (CDFG 1989).

Changes in the intensity of disturbance have eradicated colonies of

Pentachaeta lyonii on NPS land. A linear habitat alongside a trail

supported a small population for several years; however, a significant

increase in equestrian use changed the character of the minor

disturbance that foot traffic generated. The soils changed in texture

from compacted to powder and the width of the tread increased,

eliminating the narrow band of habitat occupied by Pentachaeta lyonii.

Another colony on the same parkland was significantly reduced by

recreational trampling. The colony occurred alongside an artificial

pond that was used by swimmers and picnickers who spread blankets and

towels over the site. That colony was fenced in 1988 to prevent further

impacts, but did not show signs of recovery (CDFG 1989).

Dudleya cymosa ssp. marcescens is negatively affected at four sites

by recreational activities, primarily rock climbing. Plants are

uprooted and destroyed by rappeling and boulder climbing activities. In

addition, fire has been observed to severely reduce population

densities and destroy the moss substrate that Dudleya cymosa ssp.

marcescens requires (M. Dodero, pers. comm., 1992).

By virtue of the limited number of individuals and/or range of the

existing populations, at least three (Astragalus brauntonii, Dudleya

abramsii ssp. parva, Dudleya verityi) of the taxa in this rule are

threatened with extinction from naturally occurring events. Genetic

viability is reduced in small populations, making them vulnerable to

extinction by a single human-caused or natural event. The potential for

extinction owing to small population size or a highly restricted range

is exacerbated by natural causes such as fire, drought, rock slides, or

disease.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

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

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

Astragalus brauntonii and Pentachaeta lyonii as endangered, and Dudleya

cymosa ssp. marcescens, Dudleya cymosa ssp. ovatifolia, Dudleya

abramsii ssp. parva, and Dudleya verityi as threatened. The six taxa

are individually threatened by one or more of the following--habitat

alteration and destruction resulting from urban development;

recreational activities; alteration of natural fire cycles within the

coastal sage scrub, chaparral, grassland, and oak woodland communities;

displacement by non-native weeds; and over-collection. The limited

distribution of habitat for certain taxa (e.g., Dudleya verityi) and

their small population size (e.g., Astragalus brauntonii) makes them

particularly

[[Page 4181]]

vulnerable to extinction from naturally occurring events.

Because Astragalus brauntonii and Pentachaeta lyonii are in danger

of extinction throughout all or a significant portion of their ranges,

they meet the definition of endangered as defined in the Act. The

Service has determined that threatened status rather than endangered

status is appropriate for Dudleya abramsii ssp. parva, D. cymosa ssp.

marcescens, D. cymosa ssp. ovatifolia, and D. verityi because these

taxa are restricted to habitats that are somewhat less vulnerable to

the threat of development. Certain populations of D. cymosa ssp.

marcescens and D. cymosa ssp. ovatifolia occurring on lands owned and

managed by the DPR are protected from the destruction of habitat by

development. However, habitat degradation due to recreational

activities such as rock climbing continues. Management activities, such

as the establishment of a regional parks system by COSCA, have somewhat

reduced the potential for habitat destruction for D. abramsii ssp.

parva. In the case of D. verityi, the County of Ventura has produced a

study to determine the most feasible portion(s) of Conejo Mountain for

acquisition as permanent open space. Despite these management

activities, occurrences of these four taxa receive no protection where

they occur on private lands and efforts to secure additional protection

for certain sites have yet to be achieved. These four taxa appear to be

likely to become endangered species within the foreseeable future.

Critical habitat is not being proposed for these taxa for reasons

discussed in the ``Critical Habitat'' section of this final rule.

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

the 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 would not be prudent for

these six plant taxa. Service regulations (50 CFR 424.12(a)(1)) state

that designation of critical habitat is not prudent when one or both of

the following situations exist--(1) the species is threatened by taking

or other human activity, and identification of critical habitat can be

expected to increase the degree of threat to the species, or (2) such

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

As discussed under Factor A in the ``Summary of Factors Affecting

the Species'' section, both Astragalus brauntonii and Pentachaeta

lyonii face numerous anthropogenic threats and these species occur

mostly on private land. The publication of precise maps and

descriptions of critical habitat in the Federal Register would make

these plants more vulnerable to incidents of vandalism and, therefore,

could contribute to the decline of these species. As discussed under

Factor B, A. brauntonii and the four Dudleya taxa are particularly

threatened by overcollection, 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. Publication of

critical habitat descriptions and maps would make A. brauntonii and the

four Dudleya taxa more vulnerable to overcollection and taking.

Each of the taxa in this rule is known to occur, at least in part,

on privately owned lands. 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. The limited number of

populations that occur on Federal lands are managed by the NPS, for

which management of listed species is a high priority. All Federal and

State agencies and local planning agencies involved have been notified

of the location and importance of protecting the habitat of these plant

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 for these plants is not prudent 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 practices. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Act provides for possible land

acquisition and cooperation with the 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)(2) requires Federal agencies to insure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of such a species or to destroy or

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

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Five of the taxa, Astragalus brauntonii, Dudleya cymosa ssp.

marcescens, D. cymosa ssp. ovatifolia, D. verityi, and Pentachaeta

lyonii, occur within the current boundaries of the

[[Page 4182]]

SMMNRA. Land acquisition activities for conservation purposes are

possible within the SMMNRA boundary and could include unprotected

populations of these plant taxa. Activities that could potentially

affect these taxa and their habitats on NPS lands are primarily

recreational activities including hiking, equestrian use, and rock

climbing. Urban development projects occurring on private lands may

need permits from Federal agencies, such as section 404 permits from

the U.S. Army Corps of Engineers.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all threatened and

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

implemented by 50 CFR 17.61 for endangered plants, and 17.71 for

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

areas under Federal jurisdiction and the removal, cutting, digging up,

or damaging or destroying of such plants in knowing violation of any

State law or regulation including State criminal trespass law. Section

4(d) of the Act allows for the provision of such protection to

threatened species through regulation. This protection may apply to

these taxa in the future if regulations are promulgated. Seeds from

cultivated specimens of threatened plants are exempt from these

provisions provided that their containers are marked ``Of Cultivated

Origin.'' Certain exceptions to the prohibitions apply to agents of the

Service and State conservation agencies.

It is the policy of the Service to increase public understanding of

the prohibited acts that will apply under section 9 of the Act. Four of

the taxa in this rule (Astragalus brauntonii, Dudleya cymosa ssp.

marcescens, D. cymosa ssp. ovatifolia, and Pentachaeta lyonii) are

known to occur on lands under Federal jurisdiction. Collection, damage,

or destruction of these taxa is prohibited without a Federal endangered

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

violation of section 9 if conducted in knowing violation of California

State laws, or in violation of a California State criminal trespass

law.

All of the Dudleya taxa in this rule are of horticultural interest;

however, they are not currently known to be in commercial trade.

Intrastate commerce (commerce within a State) is not prohibited under

the Act. However, interstate and foreign commerce (sale or offering for

sale across State or international boundaries) requires a Federal

endangered species permit. (Endangered species may be advertised for

sale provided the advertisement contains a statement that no sale may

be consummated until a permit has been obtained from the Service).

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 purposes

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

sought or issued because the species are not in commercial cultivation

or common in the wild. Questions regarding whether specific activities

will constitute a violation of section 9 of the Act should be directed

to the Assistant Field Supervisor of the Service's Ventura Field Office

(see ADDRESSES section). Requests for copies of the regulations

regarding listed species and inquiries about prohibitions and

regulations 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: 503/231-6241; facsimile: 503/

231-6243).

National Environmental Policy Act

The 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).

Required Determinations

The Service has examined this regulation under the Paperwork

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

requirements. This rulemaking was not subject to review by the Office

of Managment and Budget under Executive Order 12866.

References Cited

A complete list of all references cited herein is available upon

request from the Service's Ventura Field Office (see ADDRESSES

section).

Author

The primary author of this final rule is Tim Thomas, Ventura 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.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name listed habitat

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

FLOWERING PLANTS

* * * * * * *

Astragalus brauntonii........... Braunton's milk- U.S.A. (CA)....... Pea (Fabaceae).... E 606 NA NA

vetch.

[[Page 4183]]

* * * * * * *

Dudleya abramsii ssp. parva..... Conejo dudleya.... U.S.A. (CA)....... Stonecrop T 606 NA NA

(Crassulaceae).

Dudleya cymosa ssp. marcescens.. Marcescent dudleya U.S.A. (CA)....... Stonecrop T 606 NA NA

(Crassulaceae).

Dudleya cymosa ssp. ovatifolia.. Santa Monica U.S.A. (CA)....... Stonecrop T 606 NA NA

Mountains dudleya. (Crassulaceae).

* * * * * * *

Dudleya verityi................. Verity's dudleya.. U.S.A. (CA)....... Stonecrop T 606 NA NA

(Crassulaceae).

* * * * * * *

Pentachaeta lyonii.............. Lyon's pentachaeta U.S.A. (CA)....... Aster (Asteraceae) E 606 NA NA

* * * * * * *

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

Dated: December 26, 1996.

Jay L. Gerst,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-2059 Filed 1-28-97; 8:45 am]

BILLING CODE 4310-55-P