Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Three Plants From the Channel Islands of Southern California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD37

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for Three Plants From the Channel Islands of Southern

California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) determines Cercocarpus

traskiae (Catalina Island mountain-mahogany), Lithophragma maximum (San

Clemente Island woodland-star), and Sibara filifolia (Santa Cruz Island

rockcress) to be endangered throughout their respective historical

ranges on the Channel Islands of southwestern California, pursuant to

the Endangered Species Act of 1973, as amended (Act). Cercocarpus

traskiae is found primarily in coastal scrub habitats on Santa Catalina

Island. Lithophragma maximum is found in rock crevices within coastal

bluff scrub on San Clemente Island. Sibara filifolia is found on talus

slopes in coastal scrub on San Clemente Island and may still occur on

Santa Catalina Island, although the last sighting of the species on

that island was in 1973. These plants are threatened by a variety of

factors including grazing, fire, competition from non-native plant

species, erosion, and hybridization. This rule implements the Federal

protection provisions afforded by the Act for these three plant

species.

DATES: Effective September 8, 1997.

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

appointment, during normal business hours at the U.S. Fish and Wildlife

Service, Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad,

California 92008.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at

the above address (telephone 760/431-9440; facsimile 760/431-9624).

SUPPLEMENTARY INFORMATION:

Background

Cercocarpus traskiae (Catalina Island mountain-mahogany),

Lithophragma maximum (San Clemente Island woodland-star), and Sibara

filifolia (Santa Cruz Island rockcress) are endemic to the Channel

Islands of southern California. These three species are restricted

primarily to San Clemente and Santa Catalina Islands. Cercocarpus

traskiae is currently known only from Santa Catalina Island, although a

single plant was discovered in the Santa Monica Mountains in 1993.

Lithophragma maximum occurs on San Clemente Island. Sibara filifolia

occurs on San Clemente and Santa Catalina Islands. Sibara filifolia was

also historically found on Santa Cruz Island.

The Channel Islands are composed of igneous and sedimentary rocks

that have been uplifted and folded by tectonic activity (Raven 1963,

Thorne

[[Page 42693]]

1967, Schaffer 1993). The maritime climate of the islands is

characterized by hot, dry summers and mild, wet winters with periodic

severe droughts and frequent fog (Minnich 1980, Johnson 1980). The

archipelago is made up of two chains of islands. The northern Channel

Islands include the islands of San Miguel, Santa Rosa, Santa Cruz and

Anacapa. The southern Channel Islands are San Nicholas, Santa Barbara,

Santa Catalina and San Clemente (Raven 1967).

The Channel Islands are rich in endemic species as a result of

their age and geographic isolation. A number of species have persisted

on the islands, although their mainland counterparts have been

extirpated by climatic change and other factors over geologic time

(Raven 1963).

The decline of insular endemic species, including the three plants

discussed herein, began before thorough botanical studies on the

islands were completed. The original range and distribution of these

endemics are speculative because their original habitats are now

dominated by non-native plants. Although the Channel Islands have been

occupied by humans for at least 10,000 years, non-native plants have

only become naturalized on the islands since their introduction by

Euro-Americans during the last 200 years. Overgrazing and trampling of

native vegetation by domestic animals facilitated the spread of these

non-native plants (Raven 1963, Raven 1967, Thorne 1967, Philbrick

1980). Severe erosion resulting from overgrazing was exacerbated by a

series of droughts in the 1860's, the first of several periods of

severe stripping of vegetation and soil on the islands (Johnson 1980).

San Clemente Island is the southernmost of the Channel Islands in

California. Its terrain is marked by a broad, high plateau surrounded

by deeply incised cliffs. The highest elevation on the 145 square

kilometer (sq km) (56 square mile (sq mi)) island is 600 meters (m)

(1,965 feet (ft)) (Power 1980). San Clemente Island contains the entire

historical range of Lithophragma maximum and one of two known

populations of Sibara filifolia.

Goats (Capra hircus) were present on San Clemente Island as early

as 1827 (Dunkle 1950). The San Clemente Island Sheep and Wool Company

leased that island from the U.S. Government from 1877 to 1934 (Raven

1963). The ownership of the island was subsequently transferred to the

Department of Defense (Navy). Although the Navy eliminated sheep (Ovis

aries) grazing in 1934, the goat population proliferated (Kellogg and

Kellogg 1994). In addition, the California Department of Fish and Game

(CDFG) introduced pigs (Sus scrofa) to the island in 1951 and mule deer

(Odocoileus hemionus) in 1962 (Kellogg and Kellogg 1994). Populations

of feral goats ranged from 15,000 to 20,000 about 1930 (Kellogg and

Kellogg 1994). The Navy removed all feral goats and pigs by 1992, in an

effort to preserve endemic flora and fauna (Kellogg and Kellogg 1994).

Santa Catalina Island is the largest of the southern Channel

Islands, measuring 194 sq km (75 sq mi). The terrain is rugged and

mountainous, with a maximum elevation of 648 m (2,125 ft) (Power 1980).

Due to its proximity to the mainland, the flora of Santa Catalina

Island is very similar to the flora of the mainland (Thorne 1967).

Habitats on the island include oak woodlands, chaparral, coastal sage

scrub, and grasslands (Minnich 1980). Santa Catalina supports the only

known extant population of Cercocarpus traskiae and is part of the

historical range of Sibara filifolia (Thorne 1967, Thorne 1969, Wallace

1985). The most recent find, the first in 70 years, of Sibara filifolia

on Santa Catalina was in 1973. The voucher specimen is at the Rancho

Santa Ana Botanic Garden Herbarium, but its existence remained unknown

until 1996.

Santa Cruz is the largest of the northern Channel Islands measuring

250 sq km (96 sq mi) with a maximum elevation of 753 m (2,470 ft)

(Power 1980). The north side of the island is mountainous and rugged;

the topography of the southern side is gentle and rolling. The Nature

Conservancy currently owns approximately 90 percent of Santa Cruz

Island. The remainder is co-owned by the National Park Service

(Schuyler 1987) and a private party. Santa Cruz Island is a historical

location of Sibara filifolia, although the species has not been seen on

the island since 1936.

Cercocarpus traskiae was first described by Alice Eastwood (1898)

based on a specimen collected by Blanche Trask in 1897. Dunkle (1940)

reduced C. traskiae to a variety of C. betuloides. Although Martin

(1950) subsequently included this taxon as a variety of C. montanus,

Munz and Keck (1959) retained it as C. betuloides var. traskiae. Munz

(1935, 1968) returned C. betuloides var. traskiae to species rank, C.

traskiae. Murray (1982) changed the rank of this taxon to a subspecies

of C. betuloides; however, C. traskiae is currently recognized at the

species level by both Munz (1974) and Lis (1993).

Cercocarpus traskiae, a member of the rose family (Rosaceae), is an

evergreen shrub or small tree that flowers from March to May. The

flowers lack petals and occur in clusters of 4 to 10. The hypanthium

(floral structure derived from the fused lower portions of sepals,

petals, and stamens) is densely white-woolly, and is approximately 7 to

14 millimeters (mm) (0.5 inch (in.)) long (Lis 1993). The fruit is an

achene with a persistent plumose style, which dries in a spiral,

typical of the genus. The leathery, clustered leaves are simple,

serrate (toothed), and range from 2.5 to 6 centimeters (cm) (1 to 2.5

in.) long. The upper surface of the leaf is glabrous (smooth); the

lower surface is densely white-woolly. Cercocarpus betuloides var.

blancheae is relatively common on Santa Catalina Island, and is

distinct from C. traskiae (Eastwood 1898, Cole and Lu 1979). It is

differentiated from C. traskiae by the strigose (with stiff, sharp,

appressed hairs) undersides of its leaves and by the pubescence of the

floral tube. In addition, the leaves of C. betuloides var. blancheae

are not leathery (Eastwood 1898, Lis 1993).

Cercocarpus traskiae is one of California's rarest trees. It is

endemic to a particular soil type, derived from sausserite gabbro

parent material (Martin 1984). On Santa Catalina Island, C. traskiae is

currently only found in Wild Boar Gully, a steep-sided, narrow arroyo

located in the southwestern portion of the island (Thorne 1967, 1969).

Cercocarpus traskiae occurs there in coastal sage scrub containing

Eriogonum fasciculatum (California buckwheat), Salvia mellifera (black

sage), and Rhus integrifolia (lemonade berry). The Santa Catalina

Island Conservancy (SCIC), a private corporation which owns 86 percent

of the land on Santa Catalina Island, owns all of the habitat occupied

by C. traskiae.

An estimated 50 individuals of cocarpus traskiaere identified from

Wild Boar Gully when this taxon was originally discovered (Eastwood

1898). The population has since been reduced to six mature trees

(Martin 1984, Rieseberg and Swensen 1996). The SCIC has planted C.

traskiae seedlings in test plots (Rieseberg et al. 1989). The results

of this planting are unknown at this time.

In 1993, a single individual of Cercocarpus traskiae was discovered

in the Santa Monica Mountains by David Carroll (Rieseberg and Swensen

1996). Although additional individuals may exist in the Santa Monica

Mountains, this taxon is not likely to be widespread or common. The

single mainland specimen may represent a remnant of an ancestral or

sister population of C. traskiae, or a hybrid between C. traskiae and

the mainland variety, C. betuloides

[[Page 42694]]

var. betuloides (Rieseberg and Swensen 1996). It is also possible that

this specimen was planted.

Lithophragma maximum was originally described by Rimo Bacigalupi

(1963) as L. maxima based on a collection by Mrs. Nell Murbarger in

1936 on San Clemente Island. The specific epithet was later corrected

to L. maximum (Bacigalupi 1979). Taylor (1965) was unaware of L.

maximum at the time he published his monograph of the genus; however,

L. maximum has been recognized by Munz (1968, 1974) and Elvander

(1993).

Lithophragma maximum is a member of the saxifrage family

(Saxifragaceae) and flowers from April to June. It is a rhizomatous,

perennial herb with basal leaves and two or three stout flowering stems

from 40 to 60 cm (16 to 24 in.) high. Each flower-bearing stem produces

20 or more white, campanulate (bell-shaped) flowers, each about 1 cm

(0.5 in.) in length (Bacigalupi 1963). The leaves are palmately

compound and arise from the base on slender petioles 15 cm (6 in.)

long. Lithophragma maximum is differentiated from other species of

Lithophragma by its trifoliolate compound leaves (Munz 1968, Elvander

1993).

Lithophragma maximum was thought to be extinct until it was

rediscovered in 1979 in Bryce and Eagle Canyons by Mitch Beauchamp and

Howard Ferguson (Bacigalupi 1979). The number of plants on the island

found in Bryce Canyon has fluctuated from 5 to 15 plants since its

rediscovery (Bacigalupi 1979, Beauchamp 1987, Mistretta 1992). Three of

the 15 plants originally discovered in Eagle Canyon are believed to be

extant at this time (Kellogg and Kellogg 1994). Sixteen additional

plants were found in Near Death Canyon in 1991. There are currently

only 11 known populations, all from the southeastern part of the island

in deeply incised canyons. Approximately 200 plants were located during

field surveys for this species in the spring of 1996 (M. Elvin, Rancho

Santa Ana Botanic Garden, in litt. 1996; J. Stone, Naval Air Station,

North Island, pers. comm. 1996). These plants were generally found at

or near previously known sites.

Sibara filifolia was first collected by E. L. Greene in 1886 and

described as Cardamine filifolia (Greene 1887a). Greene (1887b) later

transferred it to Arabis filifolia. Greene (1896) proposed the new

genus Sibara to accommodate this species. Sibara has been retained by

Munz and Keck (1959), Munz (1968, 1974), and Rollins (1993).

Sibara filifolia is a slender annual herb in the mustard family

(Brassicaceae) that flowers in April (Munz 1974). It is 13 to 38 cm (5

to 15 in.) tall. The flowers are pink to purplish with spoon-shaped

petals 3 to 6 mm (1/8 to 1/4 in.) in length. The pinnately lobed leaves

are 2.5 to 5 cm (1 to 2 in.) long, with narrow linear lobes. The fruit

is a slender pod (silique), 1.5 to 3 cm (3/5 to 1 in.) long, that

contains many wingless seeds. Sibara filifolia is distinct from S.

virginica, which has narrowly winged seeds, and from S. rosulata and S.

deserti, which have white petals. No other species of Sibara occur on

the Channel Islands.

The type locality for Sibara filifolia is Santa Cruz Island (Greene

1887a). It was last seen on Santa Cruz Island in 1936 and was not

relocated during the 1985 survey of the island. The species is thought

to have once been common as well as wide ranging, because it was

collected on two distant islands, Santa Catalina and Santa Cruz. Trask

collected S. filifolia in 1901 on Santa Catalina Island where she

reported it to be common in two locations (Thorne 1967). A more recent

(1973) collection of S. filifolia from Santa Catalina Island came to

light in 1996. Although the status of the population on Santa Catalina

is not precisely known, the species has not been reported from there

since 1973. M. Hoefs (Wrigley Botanical Garden, Catalina, pers. comm.

1996), one of the original collectors, did not relocate any specimens

at the original site during a search for Sibara filifolia but noted

that the habitat and associated species appear to be in good condition.

Although Sibara filifolia has not been observed on Santa Catalina

Island for 24 years, its extirpation has not been confirmed, and for

that reason the Service believes there is a possibility that it still

may be present there.

Sibara filifolia, originally known from historical collections on

Santa Cruz Island and Santa Catalina Island, had never been known to

occur on San Clemente Island until 1986 when two plants were discovered

near Pyramid Head by Beauchamp (1987). Prior to this discovery, the

species was thought to be extinct. The extent of its original range on

San Clemente Island is unknown.

Sibara filifolia presently exists on San Clemente Island only on a

sea terrace on the southern part of the island, near Pyramid Head. It

grows on volcanic rock scree (talus) in association with Opuntia

prolifera (cholla), Selaginella bigelovii (spike-moss), and Lotus

argophyllus var. adsurgens (San Clemente Island birds-foot trefoil)

(Beauchamp 1987, Elvin, in litt. 1996). This location conflicts with

records of historical localities indicating that S. filifolia ``* * *

is to be sought in shady places on the northward slope'' on Santa Cruz

Island (Greene 1887a). There were fewer than 40 of these plants located

on San Clemente Island in the 1996 season (Elvin, in litt. 1996; Stone,

pers. comm. 1996). These plants were found on a dry rocky saddle with

thin soil.

Previous Federal Action

Federal government action on all three of the plant taxa considered

in this rule 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 Cercocarpus traskiae for endangered status, Sibara

filifolia as threatened and Lithophragma maximum as extinct. 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) of the Act (petition provisions are now

found in section 4(b)(3)(A)), and of the Service's intention to review

the status of the plant taxa named therein, including C. traskiae, L.

maximum and S. filifolia. On June 16, 1976, the Service published a

proposal (41 FR 24523) to list approximately 1,700 vascular plants as

endangered species pursuant to section 4 of the Act. Cercocarpus

traskiae and Lithophragma maximum were included in this Federal

Register notice. Because the list contained only proposed endangered

species, Sibara filifolia was not included.

General comments received in response to the 1976 proposal were

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

A revision of the Smithsonian report was published in April 1978 as a

book: Endangered and Threatened Plants of the United States,

Smithsonian Institution and World Wildlife Fund, Washington, DC

Acknowledgment of the Service's acceptance of this document as a

petition was included in a notice of findings on certain petitions

published in the Federal Register on February 15, 1983 (48 FR 6752).

This document recommended endangered status for Sibara filifolia,

Cercocarpus traskiae, and Lithophragma maxima [sic]. Lithophragma

maximum was included, although it was considered extinct, because of

the possibility it would be rediscovered. The 1978 amendments to the

Endangered Species Act amendments required all proposals

[[Page 42695]]

over two years old to be withdrawn, although a one-year grace period

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

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

published a notice of withdrawal for that portion of the June 16, 1976,

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

that had expired.

The Service published a notice of review for plants in the Federal

Register on December 15, 1980 (45 FR 82480). This notice listed the

status of Cercocarpus traskiae, Lithophragma maximum, and Sibara

filifolia as category 1 taxa. Category 1 taxa were taxa for which the

Service presently had sufficient data in its possession to support

preparation of listing proposals. Sibara filifolia was marked with an

asterisk indicating a possibly extinct species. The status of the three

species remained unchanged until February 21, 1990, when the Service

published in the Federal Register a notice of review for plant taxa (55

FR 6183) in which Sibara filifolia was no longer considered possibly

extinct, following its rediscovery on San Clemente Island. The status

of the three species remained unchanged in a subsequent notice of

review published by the Service in the Federal Register (58 FR 51143)

on September 30, 1993. In the notice of review published by the Service

on February 28, 1996 (61 FR 7595), Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia were listed as proposed endangered.

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

findings on pending petitions within 12 months of their receipt.

Section 2(b)(1) of the 1982 amendments further requires that all

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

submitted on that date. This was the case for Cercocarpus traskiae and

Lithophragma maximum because the 1975 Smithsonian report had been

accepted as a petition. On October 13, 1983, the Service found that the

petitioned listing of these species was warranted, but precluded by

other pending listing proposals of higher priority, pursuant to section

4(b)(3)(B)(iii), of the Act. Notification of this finding was published

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

finding requires the petition to be recycled, pursuant to section

4(b)(3)(C)(i) of the Act. The petition was reviewed in October of 1984,

1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 1993.

On July 25, 1995 (60 PR 37988), the Service published a proposal to

list Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia

as endangered species. Publication of the proposed rule constituted the

warranted finding for these species. The Service now determines

Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia to be

endangered species with the publication of this rule.

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 and critical

habitat designations imposed on April 10, 1995 (Pub. L. 104-6), and (2)

the restoration of significant funding for listing through passage of

the omnibus budget reconciliation law passed on April 26, 1996,

following severe funding constraints imposed by a number of continuing

resolutions between November 1995 and April 1996. The guidance calls

for prompt processing of final rules containing species facing threats

of high magnitude. All three taxa in this rule face high magnitude

threats.

Summary of Comments and Recommendations

In the July 25, 1995, proposed rule (60 FR 37987) and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final rule. The comment period closed on October 9, 1995. Appropriate

State agencies, county and city governments, Federal agencies,

scientific organizations, and other interested parties were notified

for comment. Public notices announcing the publication of the proposed

rule were published in the San Diego Union-Tribune and The Outlook on

August 10, 1995. The Service received one letter of comment during the

comment period. No request for a public hearing was received.

In accordance with interagency policy published on July 1, 1994 (59

FR 34270), the Service also solicited the expert opinions of three

independent specialists regarding pertinent scientific or commercial

data for taxa under consideration for listing. The purpose of such

review is to ensure listing decisions are based on scientifically sound

data, assumptions, and analyses, including input of appropriate experts

and specialists. Lack of response to a request for review is assumed to

constitute concurrence. No responses were received from the three

independent specialists solicited.

The single letter of comment received specifically addressed the

two plant taxa that occur on San Clemente Island. The comments have

been organized into nine specific issues. The issues and the Service's

responses are summarized as follows.

Issue 1: The commenter stated that Lithophragma maximum and Sibara

filifolia are protected on San Clemente Island through limited access

to their habitat as well as through active management.

Service Response: The factors affecting these species were

discussed in the proposed rule (60 FR 37987). These included, but are

not restricted to, loss of habitat from erosion induced or exacerbated

by herbivore damage, and direct decline of the species from herbivore

damage. Other natural or man-made factors were considered, including

specifically, the presence of invasive exotic plant species, and fires

induced by military activities which include bombing.

The Navy has removed the most destructive herbivores, goats and

pigs, from San Clemente Island. No feral goats were evident as of June

1992 (Kellogg and Kellogg 1994). This action enhances the status of the

native biota in general. It also will greatly improve the prospects for

survival of Lithophragma maximum, Sibara filifolia, and other sensitive

plants. However, both species remain threatened by human-caused fires,

bombing, and the spread of invasive non-native plants. The remaining

population of Sibara filifolia, for example, lies in close proximity to

a target area where ship-to-shore bombardment occurs. Limited access to

the two species' habitat will not completely alleviate these threats.

The Service has not received any plans for the active management of

these species.

Issue 2: The commenter suggested that Lithophragma maximum would

benefit from protection afforded the endangered Castilleja grisea (San

Clemente Island paintbrush) and Lotus dendroideus var. traskiae

(Trask's Island lotus) because these species ``* * * are located in

canyons with the San Clemente Island woodland-star.'' The commenter

also asserted that similar protection was afforded Sibara filifolia

because ``Rare taxa, including the cliff spurge (Euphorbia misera),

island apple-blossom (Crossosoma californica), and San Clemente Island

silver hosackia (Lotus Argophyllus adsurgens) were observed nearby.''

Service Response: According to Kellogg and Kellogg (1994), Elvin

(pers. comm. 1996) and Stone (pers. comm. 1996), Lithophragma maximum

[[Page 42696]]

occasionally occurs with Castilleja grisea, but there is no consistent

pattern. Distribution maps show that patterns of occurrence of

Lithophragma maximum, Castilleja grisea, and Lotus dendroideus var.

traskiae are not coincident over significant portions of their ranges

(Kellogg and Kellogg 1994).

Although Sibara filifolia may occasionally occur near habitats

occupied by rare plant taxa, none of these other taxa are known to be

restricted to the same habitat as Sibara filifolia. In addition, none

of the rare plant taxa mentioned are protected pursuant to the Act and,

therefore, do not provide protection to other species found in the same

area.

Issue 3: The commenter noted that there are nine historical

sightings of Lithophragma maximum, and concluded that the Rare Plant

Survey for San Clemente Island, set for 1996, would provide more

definitive information on the status of the taxa. The commenter also

noted that the difficulties associated with access to L. maximum

locales and habitat may compromise status and distribution assessments

of the species.

Service Response: This species apparently is extant at 11 sites on

San Clemente Island (Stone, pers. comm. 1996). These sites include

three newly discovered sites (Elvin, pers. comm. 1996) and omit a

previously reported site of doubtful validity. Based on the Rare Plant

Survey and other information available to the Service, the total

recorded range is about 4 km (2.5 mi) along the east coast of San

Clemente Island, rather than the 7 mi cited by the commenter. A

purported historical occurrence of Lithophragma maximum at Lemon Tank,

near the middle of the island, stems from a confusion between two

collections cited by Raven (1963). A collection of L. maximum made by

Murbarger in 1936 did not identify a specific locality (Bacigalupi

1963), but rather `` * * * a single canyon on the East side [of the

island].'' Raven (1963) also listed a collection made by Munz at Lemon

Tank under L. maximum noting that the specimen, which Munz called

Heuchera in his field notes, was lost. Elvin (pers. com. 1996) believes

that the habitat within Lemon Tank is unsuitable for L. maximum.

Therefore, the evidence to support consideration of Lemon Tank as a

historical locality is insufficient.

Recent field work focused, in part, on Lithophragma maximum has

resulted in the identification of about 200 individuals on San Clemente

Island. Although, this estimate does not take into account populations

in those canyons not surveyed in 1996, the species is known to exist in

low numbers of individuals in a few scattered localities. The Interim

Report, Sensitive Plant Status Survey by Junak and Wilken (in litt.

1996) does not provide any new information regarding the condition of

Lithophragma maximum, its microhabitat preferences, or biology. This

species occupies grassy benches in steep canyons, and its habitat is

subject to loss from increased erosion from natural causes and loss of

vegetation cover from fires.

The number of known populations of L. maximum is low (11) as is the

total number of individuals. Most plant populations are genetically

differentiated from one another and maintenance of this diversity is

vital to the survival of rare plants (Barrett and Kohn 1991).

Lithophragma maximum is, therefore, likely to be quite susceptible to

genetic stresses (Barrett and Kohn 1991).

Issue 4: The comment was made that two plants of Sibara filifolia

were discovered on San Clemente Island in 1986 and 50 to 350 plants

were found at the site in 1992.

Service Response: Staff of Rancho Santa Ana Botanic Garden

conducted field surveys in the Guds region, at the southeast end of the

island, in 1996. Sites of previously known populations that had burned

in 1995 were surveyed (Stone, pers. comm. 1996). Although no

individuals were found at known, previously occupied sites, fewer than

40 plants were found at a new, nearby site. Because the plants were

found in an area with thin soil, their seeds may not survive fire

(Elvin, pers. comm. 1996). As evidenced by the drastically lower number

of individuals from the 1992 estimates to the 1996 counts, this species

appears to be susceptible to environmental events, such as fire.

Currently no estimate of the long-term effects of small population

size or adverse environmental events exist for plant species (Huenneke

1991). Further, there is no evidence that the plants observed were the

result of the germination of the entire seed bank from the previous

year. Nevertheless, given the fire history and disturbance pattern of

the island and the small number and location of extant plants, this

species remains in danger of extinction.

Issue 5: The commenter disagreed that the abundance of exotic

plants adversely affects the native plant species of the island and

contributes to their slow recovery. The commenter pointed out that the

Navy has implemented a native bunchgrass restoration program. This

action has resulted in a weed eradication implementation plan. The

annual grass, Avena barbata (slender wild oat) was mentioned as the

eradication target. Eradication of this species is to be followed by

reseeding with native bunchgrasses.

Service Response: Exotic plants occur in abundance on San Clemente

Island. Exotic species such as Amsinkia intermedia, and Bromus diandrus

occur near Lithophragma maximum and may compete with this plant for

space or resources, or may otherwise affect the persistence of this

species. Exotic species are not abundant on the thin rocky soils

currently occupied by Sibara filifolia, but do occur on other soil

types that historically may have supported this species. Exotic species

such as Avena barbata could restrict the expansion of the S. filifolia

population, as they occupy potential habitat for this species.

While the Service is interested in providing input to restoration

efforts that may benefit listed or sensitive species, the Service has

not received or reviewed the Navy native bunchgrass restoration program

or weed eradication implementation plan mentioned by the commenter.

Such programs may benefit listed species, however the target weed

species, Avena barbata, does not occur in the habitat types of

Lithophragma maximum or Sibara filifolia, and neither species are

bunchgrasses. Therefore, the weed eradication and native bunchgrass

restoration described in the comment letter are not expected to reduce

threats to L. maximum or S. filifolia.

Issue 6: The commenter noted that the proposed rule states that

Service-proposed mitigation measures were not adequately implemented.

The commenter argued that ``[i]n most instances Service comments result

in direct modification of projects and implementation of appropriate

mitigation measures.'' The commenter further noted that a fire

management plan and a native bunchgrass restoration program have been

implemented.

Service Response: Most of the current impacts to sensitive plant

species on San Clemente Island are related directly or indirectly to

current human activities. Prior to 1996, the Navy avoided sensitive

habitats through an internal site approval process, but did not

coordinate with the Service on some programs and projects that had

potential effects on listed species. Military activities associated

with ongoing training could have long lasting effects on sensitive

plant taxa on San Clemente Island. The potential impacts of these

activities must be adequately assessed and appropriate mitigation

incorporated.

[[Page 42697]]

Issue 7: The commenter contended that fire, bombardment, and

bulldozing are minimal threats to Lithophragma maximum given the fact

that the species grows in canyon bottoms. The commenter concluded that

bulldozer use is precluded in canyon bottoms and noted that the shore

bombardment area (SHOBA) is located on the opposite side of the island.

The commenter stated that the same factors hold true for Sibara

filifolia, although no specific information was provided. The commenter

further stated that the Service had misrepresented the threat of fire

to the species because of the location of the taxa and the low density

of potential fuels.

Service Response: As was discussed previously under Issue 4, a 1995

fire may have eliminated the populations of Sibara filifolia known to

be extant on San Clemente Island prior to 1996. Based on the history of

this species, even if all currently and previously known populations

are extant, the total number of individuals present in 1997 would

likely be no more than a few hundred. Although the bombardment target

areas are on the other side of the island from S. filifolia and L.

maximum populations, the area delineated as the SHOBA includes the

entire southern end of the island. No bulldozing activities currently

take place or are planned on the sea terraces near the Sibara filifolia

sites (Stone, pers. comm. 1996), therefore, bulldozing currently

remains a minimal threat to Sibara filifolia. However, if bulldozing is

employed for access or fire suppression, the effects of such an action

could easily eliminate the S. filifolia population. Fires or bulldozing

can also lead to increased erosion above the steep canyons and induce

habitat loss for Lithophragma maximum. Fires near the upper ends of the

canyons could also destroy the dense shrub cover of Rhus integrifolia

(lemonade berry) and Prunus ilicifolia ssp. lyonii (Catalina cherry)

which often provide cover for L. maximum (G. Allan, in litt. 1996;

Elvin, in litt. 1996).

Issue 8: In response to the threat posed by military-associated

fires, the commenter contended that the Navy is actively implementing a

fire management plan and that fuel breaks had been created around

target sites in the SHOBA. According to the commenter, although the

Fire Management Plan (FMP) is still being prepared it will prohibit

military training using pyrotechnics or live firing during the fire

season.

Service Response: The suppression measures recently proposed by the

Navy should decrease the spread and severity of wildfires at the

southern end of San Clemente Island. However, wildfires and prescribed

fires will continue to pose a threat to Sibara filifolia, which could

be destroyed by fire, as evident from the destructive 1995 fire. Fires

could also cause significant loss of vegetative cover and result in

increased erosion in the canyon habitats of Lithophragma maximum. The

development and implementation of a fire management plan will be an

integral part of any strategy to protect L. maximum, S. filifolia, and

the other sensitive biota on the island.

Although some of the vegetation on the island is recovering well

after removal of the feral goats, their removal may also allow for a

general increase in previously browsed exotic vegetative cover and thus

increase the severity of any fire in the area. Sibara filifolia

apparently has not increased in abundance since feral goat removal (O.

Mistretta, Rancho Santa Ana Botanic Garden, in litt. 1996).

Issue 9: The commenter recommended postponement of listing or

evaluation until the rare plant survey is completed to provide more

definitive information on the status of Lithophragma maximum and Sibara

filifolia on San Clemente Island.

Service Response: Following publication of the proposed rule and

receipt of the commenter's letter, Junak and Wilken (in litt. 1996)

conducted the requested rare plant survey and provided results and

pertinent discussion to the Service. Based on a review of the interim

rare plant survey and other information available to the Service, it is

unlikely that finalization of the document will provide significant

information indicating that Lithophragma maximum and Sibara filifolia

are more widespread or less vulnerable than previously believed.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Cercocarpus traskiae,

Lithophragma maximum, and Sibara filifolia should be classified as

endangered species. Procedures found at section 4 of the Act (16 U.S.C.

1533) 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 Cercocarpus traskiae Eastw. (Catalina Island

mountain-mahogany), Lithophragma maximum Bacigal. (San Clemente Island

woodland-star), and Sibara filifolia (Greene) Greene (Santa Cruz Island

rockcress) are as follows:

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

of Their Habitat or Range

In general, feral animals have caused a loss of habitat for endemic

species on all the Channel Islands. Defoliation from overgrazing caused

increased erosion resulting in loss of topsoil and the formation of

incised canyons (Kellogg and Kellogg 1994). The loss of soil organic

matter, and reduction of soil nutrient cycling and water-holding

capacity promoted the invasion of non-native plants.

The decline of the native flora of Santa Catalina Island began with

the proliferation of introduced herbivores. Goats were introduced to

the island as early as 1827 (Thorne 1967). Goats are known to consume

coarse vegetation such as shrubs and trees, including Cercocarpus

traskiae (Coblentz 1980). Sheep ranching became important on the island

in the 1850's (Minnich 1980). Sheep eat herbaceous vegetation that

would have included Sibara filifolia. Other non-native herbivores

introduced to Santa Catalina Island included pigs, bison, and deer.

Pigs uprooted seedlings and soil in some canyons and may have impacted

both Sibara filifolia and Cercocarpus traskiae (Thorne 1967).

Although the Santa Catalina Island Company eliminated sheep grazing

in the 1950's (Thorne 1967), the population of feral goats and pigs

continued to increase. A goat and pig management program has reduced

the number of feral herbivores, but the threat to native species still

remains (Dave Garcelon, Institute For Wildlife, Santa Catalina Island,

pers. comm. 1994) (see Factor C). Pigs continue to degrade the habitat

of Cercocarpus traskiae on Santa Catalina Island by preventing surface

litter from accumulating. Surface litter holds moisture and seeds on

the steep slopes. Pigs also create a network of bare trails with

compacted soils. The vegetation loses its tiered, overlapping structure

because shrubs become isolated by surrounding trails (Martin 1984). A

noticeable increase in seedlings of all types have been observed since

the numbers of pigs and goats have declined (Rieseberg and Swensen

1996).

San Clemente Island is currently used as an artillery practice

range and as a ship-to-shore bombing area (Kellogg and Kellogg 1994).

Fires due to natural events or as a result of military activities can

significantly decrease the plant cover. This can lead to increased

[[Page 42698]]

erosion, which is a serious, persistent problem on the island (Kellogg

and Kellogg 1994). An indirect effect of fire is the possible

alteration of the climax vegetation components and associated habitat.

The direct effects of fire on the plant populations is discussed under

Factor E.

The decline of the flora on Santa Cruz Island, including extirpated

populations of Sibara filifolia, is primarily due to overgrazing by

sheep and other non-native herbivores. Sheep, cattle, and horses were

introduced to Santa Cruz Island in 1853; pigs may have been introduced

at the same time (Brumbaugh 1980). The population of sheep has ranged

from 20,000 to 50,000 or more (Brumbaugh 1980, Schuyler 1987). Cycles

of defoliation and erosion are evident in the stratigraphic studies of

deposits from debris slides and correlate with the introduction of

sheep to the island and periods of drought (Brumbaugh 1980). Most feral

herbivores have been removed, but pigs remain and sheep currently

remain on the east end of the island (see Factor C).

B. Overutilization for Commercial, Recreational, or Educational

Purposes

Due to their extreme rarity on Santa Catalina Island, Cercocarpus

traskiae and Sibara filifolia may become vulnerable to collecting on

the island as a result of increased publicity following the publication

of a listing proposal and final rule. The rarity of C. traskiae and S.

filifolia suggests that any unauthorized collection or even

unintentional overutilization could result in extinction or

extirpation. The focus of many evolutionary biologists on the biology

of islands (Rieseberg and Swensen 1996) ensures that interest in these

insular species will continue, necessitating careful control over

access to known or potential localities on the islands of Santa

Catalina and Santa Cruz. Overutilization is not known to be applicable

for Lithophragma maximum and Sibara filifolia on San Clemente Island,

where public access is restricted by the Navy.

C. Disease or Predation

Feral herbivores continue to threaten the survival of Cercocarpus

traskiae (and, probably, Sibara filifolia) on Santa Catalina Island and

threaten the possible reappearance of Sibara filifolia on Santa Cruz

Island. Non-native mule deer and goats likely consume endemic plants

including Cercocarpus traskiae. Severe browsing may kill plants

directly and prevent successful reproduction by surviving individuals

(Thorne 1967).

The decline of Cercocarpus traskiae is primarily due to grazing by

feral goats and pigs. Pigs are limiting the recovery of C. traskiae

because they uproot new seedlings while searching for food. Previously

these animals nearly drove this taxon to extinction (Rieseberg et al.

1989). Fencing was installed around two individuals in the late 1970s

(Rieseberg 1991). In 1985, this fencing was improved and enlarged to

exclude pigs, and perimeter fencing was added to limit access by other

non-native animals (Rieseberg 1991). As a result, seedling counts

increased from 1 in 1984 to 70 seedlings in 1988 (Rieseberg 1991). In

1994, however, a total of only 54 seedlings was found. Most of the C.

traskiae trees do not have individual pig-proof fencing around them and

the perimeter fencing does not exclude pigs. Approximately 2,000 pigs

remained on Santa Catalina Island at the time of publication of the

proposed rule. It appears that the SCIC pig removal program has waned

since 1994; the current estimate of the numbers of pigs on Santa

Catalina Island is 2,000 to 3,000 animals (Garcelon, pers. comm. 1996).

Although managers for the SCIC have removed more than 8,000 goats

from the island, 300 to 400 goats remained on the island at the time of

publication of the proposed rule in 1994. Due, in part, to decreased

management since 1994, the current estimate of the goat population on

Santa Catalina Island is up to 1,000 to 1,500 animals (Garcelon, pers.

comm. 1996). Similarly, populations of introduced mule deer are

increasing, currently estimated at 500 to 700 animals. Although reduced

predation by goats resulted in successful basal sprouting of

Cercocarpus traskiae, a continued increase in goat and deer populations

would likely reverse this trend. Perimeter fencing along Wild Boar

Gully limits the access of deer and goats to Cercocarpus traskiae, but

it does not entirely exclude them.

Sibara filifolia may have been extirpated from Santa Cruz Island by

overgrazing. Although some areas have been fenced, sheep and pigs

continue to re-invade these areas and their numbers appear to be

increasing. Although Sibara filifolia could be rediscovered on Santa

Cruz Island, grazing by non-native animals may prevent its re-

establishment or proliferation.

D. The Inadequacy of Existing Regulatory Mechanisms

Existing regulatory mechanisms that could provide some protection

for Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia

include: (1) Listing under the California Endangered Species Act

(CESA); (2) the California Environmental Quality Act (CEQA) and the

National Environmental Policy Act (NEPA); (3) the Act in those cases

where these taxa occur in habitat occupied by other listed species; and

(4) local laws and regulations.

State and Local Laws, Regulations, and Ordinances: The California

Fish and Game Commission has listed Cercocarpus traskiae and

Lithophragma maximum as endangered under the Native Plant Protection

Act (NPPA) (Division 2, chapter 10, section 1900 et seq. of the

California Fish and Game (CFG) Code) and the CESA (Division 3, chapter

1.5, section 2050 et seq.). Although NPPA and CESA prohibit the

``take'' of State-listed plants (chapter 10, section 1908 and chapter

1.5, section 2080, CFG Code), these existing statutes appear to be

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 CFG 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 section 1913). Sibara filifolia is

not State-listed and has no protection under these laws.

The CEQA (California Public Resources Code, section 21000 et seq.)

requires that the potential environmental impacts of proposed projects

be disclosed to the public. The public agency with primary authority or

jurisdiction over the project is designated as the lead agency, and is

responsible for conducting a review of the project and consulting with

the other agencies concerned with the resources affected by the

project. Section 15065 of the CEQA Guidelines requires a finding of

significance if a project has the potential to ``reduce the number or

restrict the range of a rare or endangered plant or animal.'' Once

significant impacts are identified, the lead agency may either require

mitigation or determine that ``overriding social and economic

considerations'' make mitigation infeasible (California Public

Resources Code, Guidelines, section 15093). In the latter case,

projects may be approved that cause significant environmental damage,

such as destruction of endangered plant species or their habitat. Small

projects on private lands, such as road building or fence installation,

often qualify for exemption under CEQA as categorically exempt

activities. Also, ``negative declarations'' can allow a State agency to

overlook the existence of listed plants at project sites.

The majority of the occurrences of these species are on Federal

land and

[[Page 42699]]

are not subject to CEQA. Cercocarpus traskiae and the Santa Catalina

Island occurrence of Sibara filifolia are on private land owned by the

SCIC and subject to the provisions of CEQA. Regardless, the Service

does not anticipate future project proposals that may adversely affect

listed species because SCIC lands are dedicated for conservation

purposes. However, the current threats posed by the naturally expanding

feral goat, pig, and mule deer populations on Santa Catalina Island

would not be addressed by CEQA review.

Federal Laws and Regulations: Candidate or other sensitive species

may be afforded protection if they exist with species already listed as

threatened or endangered under the Act. However, the ``Recovery Plan

for the Endangered and Threatened Species of the California Channel

Islands' (Service 1984) was prepared prior to the rediscovery of Sibara

filifolia on San Clemente Island. The plan also did not include

specific measures designed to protect Lithophragma maximum. Although

Castilleja grisea, a listed species, occasionally occurs with

Lithophragma maximum, this situation is not consistent or widespread

(Stone, pers. comm. 1996). The locations of the extant populations of

the three species which are the subject of this rule do not

consistently coincide with those of other federally listed plant or

animal species on the islands (Kellogg and Kellogg 1994; Elvin, pers.

comm. 1996). Therefore, Federal protection under the Act does not

currently extend to these three species. Although the Navy has removed

herbivores that were adversely affecting some of the listed taxa from

San Clemente Island, natural threats and direct and secondary impacts

from activities such as fires, bombing, and bulldozing continue

(Kellogg and Kellogg 1994; Mistretta, pers. comm. 1996; Elvin, in litt.

1996).

The Service acknowledges the efforts of the Navy to reduce the

likelihood and spread of wildfires on San Clemente Island. The primary

target area at China Canyon will be defoliated to reduce fuel loads on-

site to prevent the spread of fire into San Clemente Island loggerhead

shrike (Lanius ludovicianus mearnsi) habitat. No incendiary devices

will be used at this site during the period of the fire season that

overlaps with the breeding season of the shrike. In addition, a

firebreak will be created upslope from the defoliated target area. The

secondary target area at Pyramid Cove is used infrequently, but the

Navy will also defoliate a portion of this area. Only those defoliated

areas will be used during the fire season. These measures, when fully

implemented, will reduce the chance of wildfires. However, the number

of plants of Sibara filifolia and Lithophragma maximum are so low that

fire remains a threat to their persistence and recovery. An existing

agreement between the U.S. Forest Service and the Navy to provide

mutual support to suppress wildfires will add a level of protection

beyond existing conditions. The Forest Service will provide aerial

resources for fire fighting; however, the difficulties associated with

getting firefighting equipment to island locations and the possible

occurrence of concurrent fires on the mainland, especially during fire

season, may limit the benefits of this agreement. Details of the San

Clemente Island fire management plan, as they pertain to Sibara

filifolia and Lithophragma maximum remain unresolved.

Like CEQA, NEPA requires disclosure of the environmental effects of

projects under Federal jurisdiction. Sibara filifolia and Lithophragma

maximum are found on San Clemente Island, which is federally owned.

However, under NEPA, the Service's comments are only advisory. Project

proponents are not required to necessarily avoid, minimize, or mitigate

impacts to these species under NEPA.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

As a consequence of habitat degradation on the islands, the

proportion of invasive exotic plant species to native and endemic

species has increased. On San Clemente Island, 98 species of alien

plants are currently known (Kellogg and Kellogg 1994). Of these alien

plants, ten were noted in 1886 (Lyon 1886), 66 in 1963 (Raven 1963),

and 81 in 1985 (Wallace 1985). The abundance of exotic plants continues

to adversely affect the endemic plant species of the island and

contributes to their slow recovery from previous predation by feral

animals (Kellogg and Kellogg 1994; Mistretta, in litt. 1996). The

disparity between the reported historical occurrences of Sibara

filifolia on shady north-facing slopes and the current presence of the

species on grass-free, south-facing slopes, suggests that alien grasses

may prevent the expansion of S. filifolia into otherwise suitable

habitat (Greene 1887a, Kellogg and Kellogg 1994).

Lithophragma maximum is thought to have existed on the plateau area

of San Clemente Island before the introduction of non-native grasses

(Kellogg and Kellogg 1994). The remaining habitat of L. maximum

persists only within steep canyons. Erosion threatens not only the

individual plants but the entire habitat that supports them. During the

winter of 1979-1980, large portions of canyon walls were observed to

have sloughed taking large numbers of endemic plants with them.

(Beauchamp and Ferguson 1980).

Fires, some apparently related to military activities, and erosion

have contributed to the decline of Lithophragma maximum, Sibara

filifolia, and other native species endemic to San Clemente Island and

continue to threaten their existence (Kellogg and Kellogg 1994; Elvin,

in litt. 1996; Mistretta, in litt. 1996). The natural fire frequency of

San Clemente Island is not known and fire is not definitely known to be

the primary mechanism of natural disturbance on the island (Kellogg and

Kellogg 1994). Keeley (1982) found that the natural occurrence of fire

increased with elevation and distance away from the coast (further

inland); two factors that would point away from natural fire being a

common occurrence on islands. Considerable fire damage apparently

destroyed the known population of Sibara filifolia on San Clemente

Island in 1995 (Stone, pers. comm. 1996; Mistretta, in litt. 1996).

Chance fires could drastically reduce or eliminate all of the remaining

individuals of the species and destroy the seed bank as well,

preventing reestablishment of the last confirmed extant population

(Elvin, in litt. 1996).

Fire destroys vegetative cover to varying degrees, which can lead

to secondary effects such as increased soil instability and erosion.

Degraded plant communities can result in excessive erosion (Kellogg and

Kellogg 1994), particularly for areas near canyons where changes in

hydrologic patterns may result from enlarged bare areas above canyon

walls. Increased runoff can lead to slope failure and slumping of

material into canyon bottoms. As stated above, erosion of steep canyons

on San Clemente Island threatens Lithophragma maximum and may be

exacerbated by fire in the surrounding areas.

On Santa Catalina Island, Cercocarpus traskiae would likely suffer

high mortality from fire. Members of the genus Cercocarpus are long-

lived, a trait typical of shrubs in low fire frequency areas (Minnich

1980). The effects of a severe fire on this species would be

significant because so few mature individuals remain and the species is

not known to be a stump-sprouter following fire events. On Santa

Catalina Island, grazing by feral herbivores would inhibit the

establishment of any new shoots which sprout following fire (Minnich

1980).

[[Page 42700]]

Cercocarpus traskiae is threatened by hybridization with the

locally common C. betuloides var. blancheae. Because only six mature

individuals of C. traskiae are known to exist, genetic swamping of the

species would be the probable outcome of hybridization. The uniqueness

of the species would be compromised or lost due to the influx of

genetic variability from the larger population. Rieseberg et al. (1989)

have recommended elimination of mature hybrids as a means of preserving

the species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these three plant species in determining to

issue this final rule. Based on this evaluation, the preferred action

is to list Cercocarpus traskiae, Lithophragma maximum, and Sibara

filifolia as endangered. Cercocarpus traskiae and Sibara filifolia are

known from no more than two populations and fewer than 40 individuals.

Lithophragma maximum has a dissected distribution pattern of about 200

known individuals from 11 populations. All three species are imperiled

due to degradation of habitat, fire, predation by feral animals,

competition with exotic plant species, erosion, and hybridization.

Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia are in

danger of extinction throughout all or a significant portion of their

ranges, and therefore meet the Act's definition of endangered. Critical

habitat is not being proposed for these species at this time for

reasons discussed below.

Critical Habitat

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

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

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

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

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

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

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

a determination that such areas are essential for the conservation of

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

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

under the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

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

finds that designation of critical habitat for Cercocarpus traskiae,

Lithophragma maximum, and Sibara filifolia is not prudent at this time.

Service regulations (50 CFR 424.12(a)(1)) state that designation of

critical habitat is not prudent when one or both of the following

situations exist: (1) The species is threatened by taking or other

human activity, and identification of critical habitat can be expected

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

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

As discussed under Factor B, Cercocarpus traskiae and Sibara

filifolia on Santa Catalina Island may become threatened by over-

collecting, an activity difficult to regulate. ``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, damaging, or destroying of

federally listed plants on non-federal lands in knowing violation of

any State law or regulation, including State criminal trespass law. All

known populations of C. traskiae are on privately owned lands with

little or no Federal involvement. The SCIC, the landowner, is aware of

the presence of C. traskiae, supports the proposal to list the species,

and is currently working to protect the population. In addition, the

publication of precise maps and descriptions of critical habitat in the

Federal Register, would make the few remaining plants more vulnerable

to incidents of vandalism or collection and could contribute to the

decline of the species. Therefore, the designation of critical habitat

for C. traskiae (and S. filifolia, should its presence on Santa

Catalina Island be confirmed) could contribute to the decline of the

species.

The Service also determines that designation of critical habitat is

not prudent for Sibara filifolia or Lithophragma maximum. 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. Extant

populations of Sibara filifolia and Lithophragma maximum occur on

Federal lands on San Clemente Island (except, as noted above, for the

occurrence of Sibara filifolia on Santa Catalina Island) and are

managed by the Navy. These populations are subject to section 7

consultation and recovery planning under the Act. 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. For those species that occur wholly or primarily on

Federal lands or in areas subject to Federal regulation, and that exist

in small numbers and/or have a limited geographic distribution, any

action that would potentially have a significant impact to the species

may result in a ``jeopardy'' biological opinion in a section 7

consultation. Due to the limited, insular ranges of Sibara filifolia

and Lithophragma maximum and their small population sizes,

determinations for ``jeopardy'' and ``adverse modification'' likely

would involve similar scopes and analyses. The Navy has begun meeting

with the Service to discuss management of listed and other sensitive

species on San Clemente Island, including Lithophragma maximum and

Sibara filifolia populations. Protection of their habitat will be

addressed through the consultation and recovery processes. Therefore,

designation of critical habitat would provide no additional benefits

beyond those that these taxa would receive by virtue of their listing

as endangered species. All other Federal and State agencies involved

have been notified of the location and importance of protecting habitat

of these two taxa. Therefore, due to the increased risk of vandalism or

collection, and the lack of benefit to the species, the Service finds

that designation of critical habitat is not prudent at this time for

Cercocarpus traskiae, Sibara filifolia, and Lithophragma maximum.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

activities. Recognition through listing encourages public awareness and

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

private organizations, and individuals. The Act provides for possible

land acquisition from willing sellers and cooperation with the States

and requires that recovery actions be carried out for all listed

species. The protection required of Federal agencies and the

prohibitions against certain activities involving listed plants are

discussed, in part, below.

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

evaluate

[[Page 42701]]

their actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is being designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402.

Section 7(a)(4) requires Federal agencies to confer with the Service on

any action that is likely to jeopardize the continued existence of a

species proposed for listing or result in destruction or adverse

modification of proposed critical habitat. If a species is subsequently

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

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

jeopardize the continued existence of the species or destroy or

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

listed species or its critical habitat, the responsible Federal agency

must enter into consultation with the Service.

The U.S. Army Corps of Engineers may have jurisdiction under

section 404 of the Clean Water Act for some habitats that support these

plants. Nationwide permits (61 FR 65784) are not valid where a

federally listed endangered or threatened species would be directly or

indirectly affected by the proposed project. When a proposed project

may affect a listed species, consultation is required pursuant to

section 7 of the Act prior to the authorization of any permit. In

addition, the Navy owns San Clemente Island and administers lands

containing Sibara filifolia and Lithophragma maximum and authorizes,

funds, or otherwise conducts activities that may affect these species;

these actions also are subject to review by the Service under section 7

of the Act.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

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

50 CFR 17.61 for endangered 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, damaging, or destroying of such plants in knowing

violation of any State law or regulation, including State criminal

trespass law. Certain exceptions to the prohibitions apply to agents of

the Service and State conservation agencies.

The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered plants under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few trade permits would

ever be sought or issued for these species since they are not in

cultivation or common in the wild.

It is the policy of the Service, published on July 1, 1994 (59 FR

34272), to identify to the maximum extent practicable at the time a

species is listed those activities that would or would not constitute a

violation of section 9 of the Act. The intent of this policy is to

increase public awareness of the effect of this listing on proposed and

ongoing activities within the species' range. Sibara filifolia and

Lithophragma maximum are known to occur on lands under the jurisdiction

of the Navy. In general, the collection, damage, or destruction of

listed species on these lands is prohibited, except as authorized under

section 7 or section 10(a)(1)(A) of the Act. Such activities on non-

Federal lands, as would be the case for Cercocarpus traskiae, and Santa

Catalina Island specimens of Sibara filifolia, would constitute a

violation of section 9, if activities were conducted in knowing

violation of State law or regulations or in violation of State criminal

trespass law. The Service is not aware of any otherwise lawful

activities currently being conducted or proposed by the public that

would be affected by this listing and result in a potential violation

of section 9.

Questions whether specific activities would constitute a violation

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

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

copies of the regulations concerning listed plants (50 CFR 17.61 and

17.71) and general inquiries regarding prohibitions and permits may be

addressed to the U.S. Fish and Wildlife Service, Ecological Services,

Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon

97232-4181 (telephone 503/231-6241; facsimile 503/231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments or 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.

References Cited

A complete list of all references cited herein is available upon

request from the U.S. Fish and Wildlife Service, Carlsbad Field Office

(see ADDRESSES section).

Author: The primary author of this document is Dr. Gary D. Wallace,

Carlsbad Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.

4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

[[Page 42702]]

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Species

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

Scientific name Common name habitat rules

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Flowering Plants

* * * * * * *

Cercocarpus traskiae............. Catalina Island U.S.A. (CA)........ Rosaceae........... E 624 NA NA

mountain-mahogany.

* * * * * * *

Lithophragma maximum............. San Clemente Island U.S.A. (CA)........ Saxifragaceae...... E 624 NA NA

woodland-star.

* * * * * * *

Sibara filifolia................. Santa Cruz Island U.S.A. (CA)........ Brassicaceae....... E 624 NA NA

rockcress.

* * * * * * *

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Dated: July 21, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97-20879 Filed 8-7-97; 8:45 am]

BILLING CODE 4310-55-P