Endangered and Threatened Wildlife and Plants; Final Rule Listing Five Plants From Monterey County, CA, as Endangered or Threatened

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD09

Endangered and Threatened Wildlife and Plants; Final Rule Listing

Five Plants From Monterey County, CA, as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

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

amended (Act), for four plants: Astragalus tener var. titi (coastal

dunes milk-vetch), Piperia yadonii (Yadon's piperia), Potentilla

hickmanii (Hickman's potentilla), and Trifolium trichocalyx (Monterey

clover); and threatened status for Cupressus goveniana ssp. goveniana

(Gowen cypress). The five taxa are found primarily along the coast of

northern Monterey County, California, with one species also occurring

in San Mateo County and historical populations of another occurring in

Los Angeles and San Diego counties. The five plant taxa are threatened

by one or more of the following: alteration, destruction, and

fragmentation of habitat resulting from urban and golf course

development; recreational activities; competition with alien species;

and disruption of natural fire cycles due to fire suppression

associated with increasing residential development around and within

occupied habitat. Astragalus tener var. titi and Potentilla hickmanii

are also more susceptible to extinction by random events due to their

small numbers of populations or individuals. This rule implements the

Federal protection and recovery provisions afforded by the Act for

these plant taxa. A notice of withdrawal of the proposal to list the

black legless lizard (Anniella pulchra nigra), which was proposed for

listing along with the five plant taxa considered in this rule, is

published concurrently with this rule.

DATES: This rule is effective September 11, 1998.

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

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

Wildlife Service, 2493 Portola Road, Suite B, Ventura, California,

93003.

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

Ventura Fish and Wildlife Office (see ADDRESSES section) (telephone

number 805/644-1766; facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

The Monterey Peninsula on the central California coast has been

noted for a high degree of species endemism (Axelrod 1982, Howitt

1972). Species with more northern affinities reach their southern

limits on the Peninsula; species with more southern affinities reach

their northern limits there as well (Howitt and Howell 1964). The

Monterey Peninsula is influenced by a maritime climate that is even

more pronounced due to the upwelling of cool water from the Monterey

submarine canyon. Rainfall amounts to only 38 to 51 centimeters (cm)

(15 to 20 inches (in)) per year, but summer fog-drip is a primary

source of moisture for plants that would otherwise not be able to

persist with such low rainfall. Some taxa, such as the coastal closed-

cone pines and cypresses are relicts, i.e., stands of species that once

had a more continuous, widespread distribution in the more mesic

climate of the late Pleistocene period, but then retreated to small

pockets of cooler and wetter conditions along the coast ranges during

the hotter and drier xerothermic period between 8,000 and 4,000 years

ago (Axelrod 1982).

In 1602, the Spanish government commissioned Sebastian Viscaino to

map the coastline; he traveled as far north as the Mendocino coast. In

his journal, he made note of the ``pine covered headlands'' and the

``great pine trees, smooth and straight, suitable for the masts and

yards of ships'' that he saw while anchored in Monterey Bay (Larkey

1972). During the early 1900s, Willis L. Jepson characterized the

forests on the Monterey Peninsula as the ``most important silva ever,''

and encouraged Samuel F.B. Morse of the Del Monte Properties Company to

explore the possibilities of preserving the unique forest communities.

Morse believed that developing recreational facilities would allow

income to be derived from the property while maintaining the forest

intact (Larkey 1972).

Maps compiled by the U.S. Forest Service (FS) to show plant

associations that were similar in ``fire-hazard characteristics and in

uses or qualities of economic importance'' portray the bulk of the

Monterey Peninsula as Monterey pine (Pinus radiata) forest with a

discrete stand of Bishop pine (Pinus muricata) in the center of the

Peninsula (FS 1941). The coastline was fringed with either ``barren''

stretches, grassland, or ``sagebrush,'' and a stretch of ``cypress

species'' extending east along the coast from what is known as Cypress

Point. By 1930, however, the construction of three golf courses likely

resulted in the removal of some stands of Monterey pines.

Only three native Monterey pine stands remain in California, one on

the Monterey Peninsula, a second near Ano Nuevo Point in northern Santa

Cruz and southern San Mateo counties, and a third near Cambria, in San

Luis Obispo County. The Monterey Peninsula stand is not only the most

extensive of the three, it is also unique in its association with Pinus

muricata, Cupressus goveniana ssp. goveniana (Gowen cypress), and

Cupressus macrocarpa (Monterey cypress). While P. radiata grows well on

a variety of soils, it does not do well on the acidic, poorly-drained

soils found on Huckleberry Hill centrally located on the Monterey

Peninsula (Griffin 1972). Here, the less aggressive C. goveniana ssp.

goveniana and P. muricata are spared competition from P. radiata. Some

of the chaparral species associated with these forest stands include

Arctostaphylos hookeri ssp. hookeri (Hooker's manzanita),

Arctostaphylos tomentosa var. tomentosa (shaggy-barked manzanita),

Adenostema fasciculata (chamise), and Vaccinium ovatum (huckleberry)

(Jones and Stokes Assoc. 1994b; Vogl et al. 1988).

Much of what the FS mapped in 1941 as grassland or ``barren''

(which most likely included coastal dunes) on the peninsular coastline

has been subsequently converted to golf courses. Remnant dunes support

a coastal dune scrub community and the southernmost occurrences for

Erysimum menziesii (Menzies wallflower), Lupinus tidestromii

(Tidestrom's lupine), and

[[Page 43101]]

Gilia tenuiflora ssp. arenaria (dune gilia), all federally endangered

species (U.S. Fish and Wildlife Service (USFWS) 1992). It is uncertain

what species characterized the grasslands mapped by the FS. Aside from

harboring small populations of several of the species that are included

in this final rule, these patches of herbaceous vegetation now support

a large number of alien grasses and succulents (Ferreira 1995). As for

the patches mapped by the FS as ``sagebrush,'' these most likely

matched what is currently called coastal sage scrub, a community

dominated by Artemisia californica (California sagebrush). For the most

part, these patches occurred within what are now urbanized portions of

the cities of Monterey and Pacific Grove and the Pacific Grove

Municipal Golf Course.

Discussion of the Five Taxa

Astragalus tener var. titi (coastal dunes milk-vetch) was first

collected by Mrs. Joseph Clemens in 1904 along 17-Mile Drive on the

Monterey Peninsula ``near an old hut composed of abalone shells and

coal-oil cans.'' Alice Eastwood named the plant Astragalus titi in

honor of Dr. F. H. Titus (Eastwood 1905). Subsequently, John Thomas

Howell (1938), while comparing a specimen of A. tener that was

collected by David Douglas near Salinas, Monterey County, remarked that

although ``Astragalus titi Eastwood has generally been regarded as the

same as Astragalus tener, * * * the two plants are not the same and

Astragalus titi seems worthy of varietal, if not specific

recognition.'' Rupert Barneby published the combination A. tener var.

titi in 1950, noting the difference in flower size, habitat, and

geographic range between it and A. tener var. tener (Barneby 1950).

Astragalus tener var. titi is a diminutive annual herb of the pea

family (Fabaceae). The slender, slightly pubescent stems reach 1 to 2

decimeters (dm) (4 to 8 in) in height; the pinnately compound leaves

are 2 to 7 cm (0.8 to 2.7 in) long with 7 to 11 leaflets, each having a

slightly bilobed tip. The tiny lavender to purple flowers are 5 to 6

millimeters (mm) (0.3 in) long and are arranged in subcapitate racemes

of 2 to 12 flowers. The seed pods are straight to sickle-shaped and 7

to 14 mm (0.3 to 0.6 in) long (Barneby 1964).

Two historical locations from Los Angeles County (Hyde Park in

Inglewood and Santa Monica) and two from San Diego County (Silver

Strand and Soledad) were annotated by Barneby as Astragalus tener var.

titi (Barneby 1950). It is unlikely that suitable habitat remains at

the Los Angeles locations, since the area has been heavily urbanized.

In San Diego County, the Silver Strand area is owned by the Department

of Defense (Miramar Naval Weapons Center), and a portion has been used

for amphibious vehicle training exercises. Another portion of Silver

Strand has been leased by the Navy to the California Department of

Parks and Recreation (CDPR) for development of a campground and

recreational facilities. Numerous unsuccessful searches for the plant

have been made in these locations since 1980 (Ferreira 1995; Natural

Diversity Database (NDDB) 1997).

The only known extant population of Astragalus tener var. titi

occurs along 17-Mile Drive on the western edge of the Monterey

Peninsula on land owned by the Pebble Beach Company and the Monterey

Peninsula Country Club. Colonies of the milk-vetch occur on a

relatively flat coastal terrace within 30 meters (m) (100 feet (ft)) of

the ocean beach and 8 m (25 ft) above sea level. The loamy fine sands

that comprise a series of shallow swales on the terrace surface support

standing water during wet winter and spring seasons. Individual plants

are found on the bottoms or sides of the swales growing in association

with other low growing grasses and herbs, including the alien Plantago

coronopus (cut-leaf plantain). In the 1980s and early 1990s, from 15 to

1,000 individuals had been counted in this population (Ferreira 1995).

In 1995, four additional colonies of this taxon were located in

similarly moist habitats within 400 m (1,300 ft) of the previously

known plants. A thorough survey of surrounding patches of suitable

habitat was made and a total of 4000 individuals were counted in 1995

in 11 scattered colonies (Jones and Stokes Assoc. 1996).

The 11 colonies are bisected by 17-Mile Drive, and occur in remnant

patches of habitat that are bounded by roads, golf greens, equestrian

trails and a bank covered by the alien plant, Carpobrotus edulis (fig-

marigold) (Ferreira 1995, Jones and Stokes Assoc. 1996). Astragalus

tener var. titi is currently threatened with alteration of habitat from

trampling associated with recreational activities, such as hiking,

picnicking, ocean viewing, wildlife photography, equestrian use, and

golfing. Due to the fragmented nature of its habitat and the human uses

that surround it, the species is also more vulnerable to extinction

from random events. Astragalus tener var. titi may also be threatened

by competition from the alien plants, C. edulis and Plantago coronopus.

Cupressus goveniana ssp. goveniana was first collected by Karl

Hartweg from Huckleberry Hill (Monterey Peninsula) in 1846 (Sargent

1896, Wolf and Wagener 1948). The plant was described as Cupressus

goveniana by British horticulturalist George Gordon in 1849 who named

it after fellow horticulturalist James R. Gowen (Sargent 1896). Sargent

(1896) described the tree as being widely distributed ``from the plains

of Mendocino County to the mountains of San Diego County'' as he

included taxa now recognized as distinct in his definition of C.

goveniana. John G. Lemmon published the name C. goveniana var. pigmaea

in 1895 to refer to the stands found on the ``White Plains'' of

Mendocino County, also referred to as pygmy cypress or Mendocino

cypress. As a result of this segregation, the material from the

Monterey area would be treated as C. goveniana var. goveniana. The

taxon is currently treated as C. goveniana ssp. goveniana (Bartel

1993).

Cupressus goveniana ssp. goveniana (Gowen cypress) is a small

coniferous tree or shrub in the cypress (Cupressaceae) family. Most of

the 10 taxa in the genus Cupressus found in California currently have

relatively small ranges (Vogl et. al. 1988). Of the three coastal

cypresses, native stands of C. macrocarpa (Monterey cypress) and C.

goveniana ssp. goveniana are both restricted to the Monterey Peninsula

and Point Lobos in Monterey County.

Cupressus goveniana ssp. goveniana generally reaches a height

between 5 and 7 m (17 to 23 ft) (Munz 1968), though Griffin noted one

individual that was 10 m (33 ft) high at Huckleberry Hill (Griffin and

Critchfield 1976). The sparsely branched tree forms a short, broad

crown with a spread of 2 to 4 m (7 to 13 ft). The bark is smooth brown

to gray, but becomes rough and fibrous on old trees. The scale-like

foliage is a light rich green, with leaves 1 to 2 mm long (0.04 to 0.08

in). The female cones are subglobose (nearly spherical), 10 to 15 mm

(to 0.1 in) long, and produce 90 to 110 seeds (Wolf and Wagener 1948).

The cones, which typically mature in 2 years, remain closed for many

years while attached to the tree. Seeds can be released upon mechanical

removal from the tree or, more typically, upon death of the tree or

supporting branch. Cupressus goveniana ssp. goveniana is distinguished

from its close relative C. goveniana ssp. pigmaea (pygmy or Mendocino

cypress) by its much taller stature, the lack of a long, whip-like

terminal shoot, and light to yellow-green rather than dark dull green

foliage (Bartel 1993).

[[Page 43102]]

Like other closed-cone cypresses, Cupressus goveniana ssp.

goveniana is a fire adapted species. It possesses cones which, after

seed has matured, remain sealed and attached to the trees, typically

until heat from fires breaks the cones' resinous seal and allows seeds

to escape. Adequate sunlight and bare mineral soils are also needed by

C. goveniana ssp. goveniana for seedling establishment; in areas with

herbaceous cover seedling mortality is higher due to fungal infections

(Vogl et al. 1988).

Only two natural stands of Cupressus goveniana ssp. goveniana are

known to exist, although individuals can be found locally in

cultivation. Cupressus goveniana ssp. goveniana is associated with

Pinus radiata, Pinus muricata, and several taxa in the heath family

(Ericaceae) (e.g., Vaccinium, Gaultheria, Arctostaphylos) on poorly

drained, acidic, soils (Griffin and Critchfield 1976). The largest

stand, referred to here as the Del Monte Forest stand, is near

Huckleberry Hill on the western side of the Monterey Peninsula. This

stand covers approximately 40 hectares (ha) (100 acres (ac)), with

individuals scattered within a kilometer (km) (0.6 mile (mi)) of the

main stand. Wolf and Wagener (1948) reported that patches of crowded,

poorly developed individuals, referred to as ``canes,'' were cut for

posts, making it difficult to determine the original extent of the

grove.

At least three fires have burned portions of the Del Monte Forest

stand in the last 100 years. A large fire burned most of the stand in

1901 (Coleman 1905, and Dunning 1906, in Vogl et al. 1988). The

northern portion of the stand apparently burned in 1959 (NDDB 1997).

The most recent fire burned the south central portion of the population

in 1987. In each case, regeneration of C. goveniana ssp. goveniana has

occurred.

The Del Monte Forest stand is on lands owned by the Pebble Beach

Company and the Del Monte Forest Foundation (DMFF). The purpose of the

DMFF, originally established as the Del Monte Foundation in 1961 by the

Pebble Beach Company, is to ``acquire, accept, maintain, and manage

lands in the Del Monte Forest which are dedicated to open space and

greenbelt'' (DMFF, in litt. 1992). A large portion of the Del Monte

Forest stand is within a 34-ha (84-ac) area designated as the Samuel

F.B. Morse Botanical Reserve (Morse Reserve) in the 1960s and donated

to DMFF in 1976. In the early 1980s, development of the Poppy Hills

Golf Course removed 840 trees of C. goveniana ssp. goveniana outside of

the reserve and surrounded other small patches with fairways (G.

Fryberger, Pebble Beach Company, pers. comm. 1992). The majority of the

remaining portion of this stand is on lands owned by Pebble Beach

Company that are designated as ``forested open space'' in the

Huckleberry Hill Open Space area, through a conservation easement held

by the DMFF. Scattered groups of trees that radiate out from this stand

are located on Pebble Beach Company lands within their most recently

proposed residential developments (EIP Associates 1995).

A second smaller stand of Cupressus goveniana ssp. goveniana 16 to

32 ha (40 to 80 ac) in size occurs 10 km (6 mi) to the south at Point

Lobos State Reserve near Gibson Creek on a 60-ha (150-ac) parcel

acquired by the CDPR in 1962. The very western edge of the stand is on

lands recently purchased by the Big Sur Land Trust from a private

owner. This parcel was to be transferred to the CDPR in 1997 (Big Sur

Land Trust, in litt. 1997). In this stand, C. goveniana ssp. goveniana

is associated with Pinus radiata and chaparral species (Griffin and

Critchfield 1976; Vogl et al. 1988). Due to the physical

inaccessibility of the Point Lobos stand and the Reserve's mandate to

protect sensitive plant taxa, the Point Lobos stand exhibits fewer

signs of human disturbance than the Del Monte Forest stand.

Despite measures taken to protect the Cupressus goveniana ssp.

goveniana stand at the Del Monte Forest, such as establishing the Morse

Reserve, the opportunities for maintaining a viable long-term

population of this taxon may be compromised by the site's proximity to

urbanization. Although the lands on which the majority of the remaining

cypress grow will not be developed, the residential development that is

occurring on all sides of the stand reduces the opportunity for the

continuation of ecosystem processes, such as periodic fire, which are

needed for stand regeneration. This species is threatened by habitat

alteration due to the influence of continued urban development in

Pebble Beach and to the disruption of natural fire cycles that are

likely to result from fire suppression activities. In addition, stands

of Cupressus goveniana var. goveniana at both locations have been

invaded by aggressive alien species, including Cortaderia jubata

(pampasgrass), Genista monspessulana (French broom), and Erechtites

spp. (fireweeds) (Forest Maintenance Standard 1990; K. Gray, State

Parks, pers. comm. 1997). Invasion of alien plants alters the

composition of the plant community and may adversely affect C.

goveniana ssp. goveniana.

Piperia yadonii (Yadon's piperia) was first collected by Leroy

Abrams in 1925 in open pine forest near Pacific Grove. At that time, it

was identified as Piperia unalascensis, a polymorphic, wide-ranging

species in the western United States (Morgan and Ackerman 1990),

although at least two naturalists who collected from the Monterey

region in the 1920s (George Henry Grinnel and Leroy Abrams) noted the

uniqueness of the plants from the Monterey area (Morgan and Ackerman

1990, Coleman 1995). In a recent treatment of the genus Piperia,

Ackerman (1977) segregated out several long-spurred taxa from the P.

unalascensis complex, but attempted no analysis of the short-spurred

forms. Subsequently, Morgan and Ackerman (1990) segregated out two new

taxa from the P. unalascensis complex. One of these, P. yadonii, was

named after Vernal Yadon, previous Director of the Museum of Natural

History in Pacific Grove, Monterey County.

Piperia yadonii is a slender perennial herb in the orchid family

(Orchidaceae). Mature plants typically have two or three lanceolate to

oblanceolate basal leaves 10 to 15 cm (4 to 6 in) long and 2 to 3 cm

(0.8 to 1.2 in) wide. The single flowering stems are up to 50 cm (20

in) tall with flowers arranged in a dense narrow-cylindrical raceme.

The flowers consist of three petal-like sepals and three petals

(together referred to as tepals). The upper three tepals are green and

white and the lower three white. The lowermost tepal is specialized

into a lip that is narrowly triangular and is strongly decurved such

that the tip nearly touches the spur of the flower (Morgan and Ackerman

1990). Piperia yadonii may occur with P. elegans, P. elongata, P.

michaelii, and P. transversa, but is distinguished from them in flower

by its shorter spur length, particular pattern of green and white

floral markings, and its earlier flowering time (Morgan and Ackerman

1990, Coleman 1995).

As in other orchids, germination of P. yadonii seeds probably

involves a symbiotic relationship with a fungus. Following germination,

orchid seedlings typically grow below ground for one to several years

before producing their first basal leaves. Plants may produce only

vegetative growth for several years, before first producing flowers

(Rasmussen 1995). In mature plants of P. yadonii the basal leaves

typically emerge sometime after fall or winter rains and wither by May

or June, when the plant produces a single flowering stem. Allen (1996)

has observed that only a small percentage of the P. yadonii plants in a

population may flower in any year. This is consistent with what is

known of other orchid species (James Ackermann, Universidad de Puerto

Rico, in litt. 1997). As in some other

[[Page 43103]]

plant taxa, individual orchids that flower in one year may not have the

necessary energy reserves to flower in the following year, so size and

flowering are not necessarily age-dependent (Wells 1981, Rasmussen

1995).

Piperia yadonii is found within Monterey pine forest and maritime

chaparral communities in northern coastal Monterey County. Its center

of distribution is the Monterey Peninsula where plants are found

throughout the larger undeveloped tracts of Monterey pine forest. To

the north, the range of P. yadonii extends to the Los Lomas area, near

the border of Santa Cruz County (Allen 1996; Vern Yadon, Pacific Grove

Museum of Natural History, in litt. 1997). Searches north into Santa

Cruz County have uncovered little suitable habitat and no P. yadonii

(Randall Morgan, biological consultant, pers. comm. 1996; Allen 1996),

nor do regional herbaria contain collections from Santa Cruz County (R.

Morgan, pers. comm. 1996). Since preparation of the proposed rule, P.

yadonii has been found at one location about 25 km (15 mi) south of the

Monterey Peninsula near Palo Colorado Canyon in maritime chaparral

(Jeff Norman, biological consultant, in litt. 1995). Maritime chaparral

is uncommon along this region of the Big Sur coastline, but a few

scattered patches do occur south to Pfieffer Point, located about 40 km

(25 mi) from the Peninsula (J. Norman, pers. comm. 1997). P. yadonii

has been found only 6 to 10 km (4 to 6 mi) inland (Allen 1996; V.

Yadon, in litt. 1997) despite searches of lands farther east (Allen

1996). Toro Regional Park, 16 km to 24 km (10 to 15 mi) inland, was

searched and four unidentified Piperia were found, but the habitat was

reported to not be similar to that favored by P. yadonii (Allen 1996).

Piperia yadonii has been found in Monterey pine forest with a

herbaceous, sparse understory and in maritime chaparral along ridges

where the shrubs, most often Arctostaphylos hookeri (Hooker's

manzanita), are dwarfed and the soils shallow (Morgan and Ackerman

1990, Allen 1996). As in other orchid species, P. yadonii does not

appear to be an early successional species but is able to colonize

trails and roadbanks within the dwarf maritime chaparral or Monterey

pine forest once a decade or more has passed and if light and moisture

regimes are favorable (Allen 1996; V. Yadon, in litt. 1997).

The Pebble Beach Company funded intensive surveys for Piperia

yadonii, focusing on the Monterey Peninsula in 1995, and beyond the

Peninsula in western Monterey County in 1996. Approximately 84,000 P.

yadonii plants on about 140 ha (350 ac), were counted at all known

sites throughout the range of this species since 1990 (R. Morgan, in

litt. 1992; Uribe and Associates 1993; J. Norman, in litt. 1995; Allen

1996; Jones and Stokes Assoc. 1996). Plants are often densely

clustered, and may reach densities of 100 to 200 plants in a few square

meters (10 to 20 plants in a few square feet) (Robert Hale, in litt.

1997). Because size and flowering are not always age-dependent, the age

structure of these populations is not known.

During these surveys, the greatest concentrations of Piperia

yadonii, approximately 57,000 plants or 67 percent of all known plants

were found scattered throughout much of the remaining Monterey pine

forest owned by the Pebble Beach Company and the Del Monte Forest

Foundation on the Monterey Peninsula (Allen 1996). About 8,500 of these

plants are in open space areas there (Allen 1996). Another 2,000 plants

(2 percent of all known) occur on remnant patches of Monterey pine

forest in parks and open space areas of Pacific Grove and Monterey

(Allen 1996; Department of the Army, in litt. 1996; Jones and Stokes

Assoc. 1996). Inland to the north, about 18,000 P. yadonii plants, (21

percent of all known plants) have been found on the chaparral covered

ridges north of Prunedale (Allen 1996). About 8,000 of these are on

lands that receive some protection at Manzanita County Park and The

Nature Conservancy's Blohm Ranch; the remainder are on private lands

that are not protected. South of the Peninsula about 7,500 plants have

been found on CDPR properties at Pt. Lobos Ranch, on surrounding lands

that are to be turned over to CDPR in the future (Big Sur Land Trust,

in litt. 1997) and in a smaller parcel that is in private ownership.

Considering the current abundance of Piperia yadonii in the

remaining large tracts of Monterey Forest, this species probably

occurred throughout the Peninsula when Monterey pine forests were much

more extensive. Many historic collections were made from the Pacific

Grove area (R. Morgan, in litt. 1992), which has since been urbanized.

Continued fragmentation and destruction of habitat due to urban and

golf course development are currently the greatest threats to P.

yadonii. Other threats include exclusion by alien species, roadside

mowing, and potentially an increase in deer grazing of flowering stems.

Potentilla hickmanii (Hickman's potentilla) was originally

collected by Alice E. Eastwood (1902) in 1900 ``near the reservoir

which supplies Pacific Grove, [Monterey County] California, along the

road to Cypress Point.'' The reference to a reservoir could refer to

Forest Lake in Pebble Beach but more likely refers to the Pacific Grove

reservoir (Ferreira 1995). Eastwood (1902) described the species 2

years later, naming it after J. B. Hickman who was her guide on that

collecting trip.

Potentilla hickmanii is a small perennial herb in the rose family

(Rosaceae) that annually dies back to a woody taproot. The leaves are

pinnately compound into generally six paired, palmately cleft leaflets

each 2 to 8 mm (0.1 to 0.3 in) long and 1 to 3 mm (to 0.1 in) wide.

Several reclining stems 5 to 45 cm (2 to 16 in) long support two to

four branched cymes (flowering stems) each of which has fewer than 10

flowers. The flowers consist of 5 yellow obcordate petals 6 to 10 mm

(0.2 to 1.0 in) long and 5 mm (0.2 in) wide, with typically 20 stamens

and about 10 styles (Abrams 1944, Ertter 1993). Potentilla hickmanii is

separated from two other potentillas that occur on the Monterey

Peninsula (P. anserina var. pacifica and P. glandulosa) by a

combination of its small stature, size and shape of leaflets, and color

of the petals.

Only three historical locations for the plant are known, two in

Monterey County and one in San Mateo County (NDDB 1997c). A collection

was made by Ethel K. Crum in 1932, apparently in the vicinity of

Eastwood's original collection on the Monterey Peninsula. Ferreira

(1995) surveyed the area surrounding the Pacific Grove reservoir in

1992, but found no Potentilla hickmanii plants or suitable habitat for

the species. An extant population is known from the western edge of the

Monterey Peninsula on lands owned by Pebble Beach Company. This species

was collected from one other location, at ``Moss Beach'' near Half Moon

Bay, San Mateo County in 1905 by Katherine Brandegee and in 1933 by

Mrs. E. C. Sutliffe (Ertter 1993). At the time the proposed rule was

written this population was presumed extirpated, but it was

rediscovered in 1995 by biologists from the California Department of

Transportation (Caltrans) surveying for a highway project (R. Vonarb,

Caltrans, in litt. 1995).

Potentilla hickmanii is currently known to be extant at one

location in San Mateo County and one in Monterey County. On the

Monterey Peninsula, P. hickmanii grows in an opening within Monterey

pine forest. Loamy fine sandy soils support a meadow community of alien

grasses and several introduced and native herbs. Twenty-four

individuals of P. hickmanii were located during 1992 surveys (Ferreira

1995). In 1995, the site was surveyed on two occasions and no

[[Page 43104]]

more than 21 plants were found (Jones and Stokes Assoc. 1996). Sampling

in a portion of this occurrence indicated that neither recruitment of

new individuals nor mortality of existing individuals had occurred in

the sampled area in the past 2 years (T. Morosco, University of

California Berkeley, in litt. 1997). The San Mateo County population

grows on grassland slopes on private lands. It was estimated to have

between 2000 and 3000 individuals in 1995 and 1996 (R. Vonarb, in litt.

1995; T. Morosco in litt. 1997).

The Pebble Beach Company has maintained management responsibilities

for the Monterey population, located in an open space area called

Indian Village, although ownership of the land has been transferred to

the Del Monte Forest Foundation. Indian Village is available for use by

residents and has been developed as an outdoor recreation area.

Although a fence was constructed in the 1970s to limit access by

recreationists, the fenced area contained only a portion of the

population, and recreation impacts continued through the mid 1990s

(Ferreira 1995, Jones and Stokes Assoc. 1996). In 1996, the Pebble

Beach Company installed additional fencing to protect this population

from recreational activities (M. Zander, Zander and Associates, in

litt. 1996). Potentilla hickmanii is currently threatened by a proposed

residential development in the Del Monte Forest which could alter

hydrology at the Monterey site (EIP Associates 1995). At both the

Monterey and San Mateo sites invasive alien species may be competing

with P. hickmanii (Ferreira 1995; Jones and Stokes Assoc. 1996; B.

Ertter in litt. 1997). The extremely small number of individual plants

remaining at the Monterey site also make P. hickmanii vulnerable to

extirpation from random events, such as genetic drift, poor years of

reproduction and tree fall.

Trifolium trichocalyx (Monterey clover) is a member of the pea

family (Fabaceae). The genus Trifolium is well-represented in North

America, with approximately 50 species recognized in California (Munz

1959). Members of this herbaceous genus are characterized by their

palmately three-foliate leaves (hence the name Trifolium) and flowers

in spheroid or oblong heads.

Trifolium trichocalyx was first collected by Amos A. Heller ``in

sandy pine woods about Pacific Grove'' in 1903, and described by him

the following year (Heller 1904). Laura F. McDermott (1910) considered

the taxon a variety of T. oliganthum in her treatment of the genus, but

this was not recognized in subsequent floras. Axelrod (1982) deferred

to Gillett's suggestion that T. trichocalyx is a sporadic hybrid

between T. microcephalum and T. variegatum and recommended removing it

from the list of taxa considered Monterey endemics. This view was

challenged by Vernal Yadon (in litt. 1983) who had grown T. trichocalyx

and observed that it consistently produces up to seven seeds per pod,

while both purported parents were two-seeded taxa. Trifolium

trichocalyx has continued to be recognized as a distinct taxon by

Abrams (1944), Munz (1959), Howitt and Howell (1964) and, most

recently, Isely (1993).

Trifolium trichocalyx is a much-branched prostrate annual herb with

leaflets that are obovate-cuneate, 0.4 to 1.2 cm (0.2 to 0.5 in) long,

truncate or shallowly notched at the ends. The numerous flowers are

clustered into heads subtended by a laciniate-toothed involucre. The

calyces are 7 mm (0.3 in) long, toothed, and conspicuously pilose; the

purple corollas scarcely equal the length of the calyx; the deciduous

seed pods enclose up to seven seeds. The plant can be quite

inconspicuous, as the prostrate branches may be only 3 to 4 cm (1.2 to

1.6 in) long. With favorable conditions, however, branches may reach a

length of 20 to 30 cm (8 to 12 in) (Abrams 1944; V. Yadon, in litt.

1983). Branches from one large plant may spread through the forest

litter and give the appearance of many plants. Of the four species of

Trifolium growing on Huckleberry Hill, all except T. trichocalyx

contain two seeds per pod.

Trifolium trichocalyx is known from only one area, Huckleberry

Hill, covering approximately 16 ha (40 ac) (Ferreira 1995) on the

Monterey Peninsula. The plant occurs in openings within Monterey pine

forest on poorly drained soils consisting of coarse loamy sands.

Trifolium trichocalyx appears to be a fire-follower, taking advantage

of the reduced forest cover for the first few years after a fire, and

then becoming scarce, persisting primarily as a seedbank in the soil,

as shade and competition increase during recovery of the forest

community. Heller's collection in 1903 was made 2 years after a fire in

the area. Only scattered individuals were reported by Theodore Niehaus

in 1973 and 1979 and by Yadon in 1980 in forest openings or edges (NDDB

1997d). One of these sites is presumed to have been extirpated when

Poppy Hills Golf Course was developed in 1980; the other two are within

the boundaries of the Morse Reserve.

Surveys for Trifolium trichocalyx were conducted in 1988. No plants

were found at the three sites reported earlier by Niehaus and Yadon.

However, several hundred to 1,000 plants were scattered in an 80-ha

(200-ac) area that had burned in 1987, near Huckleberry Hill (M.

Griggs, in litt. 1988; V. Yadon, in litt. 1992). During surveys

conducted in 1996 of this burned area, two sites were located with a

total of 22 plants (Jones and Stokes Assoc. 1996). A seedbank is

expected to occur in the soil in those locations where the plants were

found in 1988 (Forest Maintenance Standard 1990, Jones and Stokes

Assoc. 1996).

Threats to the continued existence of Trifolium trichocalyx include

alteration of natural fire cycles and a proposed development within the

largest area known to support clover in 1988. It is also vulnerable to

random events due to the small amount of its remaining habitat and the

ephemeral nature of the plant's reappearance after fires.

Previous Federal Action

Federal government action on the five plants began as a result of

section 12 of the 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 in the United States. That

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

Congress on January 9, 1975. In that report, Astragalus tener var.

titi, Potentilla hickmanii, and Trifolium trichocalyx were recommended

for endangered status. On July 1, 1975, the Service published a notice

in the 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 its intention to review the status of

the plant taxa named therein. The above three taxa were included in the

July 1, 1975, notice. On June 16, 1976, the Service published a

proposal in the Federal Register (41 FR 24523) to determine

approximately 1,700 vascular plant species to be endangered species

pursuant to section 4 of the Act. The list of 1,700 plant taxa was

assembled on the basis of comments and data received by the Smithsonian

Institution and the Service in response to House Document No. 94-51 and

the July 1, 1975, Federal Register document. Astragalus tener var.

titi, Potentilla hickmanii, and Trifolium trichocalyx were included in

the June 16, 1976, Federal Register proposal.

General comments received in relation to the 1976 proposal were

summarized in an April 26, 1978, Federal Register publication (43 FR

17909). The Act Amendments of 1978 required that all proposals over 2

years old be withdrawn. A 1-year grace period

[[Page 43105]]

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 portion of the June 6, 1976,

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

that had expired.

The Service published an updated notice of review for plants on

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

var. titi, Potentilla hickmanii, and Trifolium trichocalyx as category-

1 species. Category-1 species were taxa for which data in the Service's

possession was 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 53640); the plant notice was again revised

September 27, 1985 (50 FR 39526). In both of these notices, Astragalus

tener var. titi, Potentilla hickmanii, and Trifolium trichocalyx were

included as category-2 species. Category-2 species were taxa for which

data in the Service's possession indicated listing may be appropriate,

but for which additional data on biological vulnerability and threats

were needed to support a proposed rule. In the 1985 notice, Cupressus

goveniana ssp. goveniana (as Cupressus goveniana) also was included for

the first time as a category-2 species. On February 21, 1990 (55 FR

6184), the plant notice was again revised, and Astragalus tener var.

titi, Potentilla hickmanii, and Trifolium trichocalyx were included as

category-1 species, primarily because of additional survey information

supplied by the NDDB, which indicated that the extremely limited

populations of these taxa made them particularly vulnerable to impacts

from a number of human activities and natural random events. Those

three species also appeared as category-1 species in the 1993 notice of

review (58 FR 51144). Cupressus goveniana ssp. goveniana was retained

as a category-2 species in the 1990 and 1993 notices of review. On

February 28, 1996, the Service published a Notice of Review in the

Federal Register (61 FR 7596) that discontinued the designation of

category-2 species as candidates.

Section 4(b)(3)(B) of the Act 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 tener

var. titi, Potentilla hickmanii, and Trifolium trichocalyx because the

1975 Smithsonian report was accepted as a petition. On October 13,

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

was warranted but precluded by other pending listing actions, in

accordance with section 4(b)(3)(B)(iii) of the Act; notification of

this finding was published 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. Annually, in October of 1984 through 1992,

the Service found that the petitioned listing of Astragalus tener var.

titi, Potentilla hickmanii, and Trifolium trichocalyx was warranted,

but that the listing of these species was precluded by other pending

proposals of higher priority. Piperia yadonii did not appear in earlier

notices of review. Piperia yadonii first appeared as a candidate in the

1993 notice of review (58 FR 51144) in category-1. A reevaluation of

the existing data on the status of Cupressus goveniana ssp. goveniana

and threats to its continued existence provided sufficient information

to propose to list this species as threatened.

A proposed rule to list Astragalus tener var. titi, Piperia

yadonii, Potentilla hickmanii and Trifolium trichocalyx as endangered

and Cupressus goveniana ssp. goveniana as threatened was published in

the Federal Register on August 2, 1995 (60 FR 39326). Also included in

this proposed rule was a proposal to list the black legless lizard

(Aniella pulchra nigra) as endangered. Based upon new information

received since publishing the proposed rule, the proposed listing of

the black legless lizard has been withdrawn by the Service as announced

in a separate Federal Register notice published concurrently with this

final rule.

The Service published Listing Priority Guidance for Fiscal Years

1998 and 1999 on May 8, 1998 (63 FR 25502). The guidance clarifies the

order in which the Service will process rulemakings giving highest

priority (Tier 1) to processing emergency rules to add species to the

Lists of Endangered and Threatened Wildlife and Plants (Lists); second

priority (Tier 2) to processing final determinations on proposals to

add species to the Lists, processing new proposals to add species to

the Lists, processing administrative findings on petitions (to add

species to the Lists, delist species, or reclassify listed species),

and processing a limited number of proposed or final rules to delist or

reclassify species; and third priority (Tier 3) to processing proposed

or final rules designating critical habitat. Processing of this final

rule is a Tier 2 action.

Summary of Comments and Recommendations

In the August 2, 1995, proposed rule and associated notifications,

all interested parties were requested to submit factual reports or

information that might contribute to a final listing decision.

Appropriate Federal and State agencies, County and local governments,

scientific organizations, and other interested parties were contacted

and requested to comment. During that comment period the Service

received a request to hold a public hearing on the proposal. Due to the

Federal moratorium on final listing actions, imposed on April 10, 1995,

the public hearing could not be scheduled during the initial comment

period, which closed on October 9, 1995. Once the moratorium was lifted

on April 26, 1996, listing actions were prioritized and the public

hearing was scheduled. The public hearing was held on August 20, 1996,

and its associated public comment period ran from June 26, 1996 to

August 30, 1996. During the hearing and public comment period

substantial new information was submitted on the abundance of Piperia

yadonii. To allow the public to comment on this new information and to

permit submission of any new information that had become available on

the other taxa in the package, the comment period was reopened for 30

days from April 2, 1997, to May 2, 1997. Newspaper notifications were

published in the Monterey Herald and the Santa Cruz Sentinel during the

initial comment period, and in the Monterey Herald, Half Moon Bay

Review, and Pacifica Tribune for the 1997 comment period.

During the public comment periods and public hearing 20 agencies,

groups, and individuals commented on the plant taxa included in the

proposed rule, some of them multiple times. The majority of comments

received concerned the proposal to list the black legless lizard; these

comments are addressed in the concurrently published withdrawal for

that taxon. Only those issues relevant to the listing of the five plant

taxa are included in this final rule. Several comments contained

significant data and information concerning the biology, ecology,

range, and distribution of the subject taxa. This information was

evaluated and incorporated into the final determination as appropriate.

The 12 issues raised by the commenters that are relevant to the listing

of the plant taxa and the Service's response to each are summarized as

follows:

Issue 1: One commenter concluded that the Service had not provided

a thorough rationale for why the potential

[[Page 43106]]

loss of habitat threatens the viability of the species. Specifically,

the commenter suggested that insufficient evidence was presented on the

effects of alteration of natural fire frequencies and of alien species

on the proposed taxa.

Service Response: The Service has discussed the role of fire in the

life history of Cupressus goveniana ssp. goveniana and Trifolium

trichocalyx within this rule under the ``Background'' section and under

Factor E of the ``Summary of Factors Affecting the Species'' section.

With a large human population residing on the Peninsula, wildfires have

been and will necessarily be suppressed to protect human life and

property. Prescribed burns have been suggested as a management tool to

replace wildfires at the Morse Reserve and Pt. Lobos State Reserve

which support these taxa (Forest Maintenance Standard 1990; Jones and

Stokes Assoc. 1996). While fire is desirable from a land management

perspective, prescribed burns on Huckleberry Hill present a risk that

is not currently accepted by surrounding residents and entities who

authorize such activities (Forest Maintenance Standard 1990; R.

Andrews, Pebble Beach Community Services District, pers. comm. 1997).

With increased development close to the Cupressus groves, homeowner

opposition to prescribed burns is likely to increase. The proximity of,

and risk to, adjacent residences also will influence the manner in

which burns would be implemented. For example, to facilitate control,

vegetation may be crushed or chipped prior to burning or burns may be

conducted in early spring, when moisture levels are high (Greenlee

1977, Green 1982). These methods, which may not mimic the fire regime

under which the taxa evolved, can alter the ability of the vegetation

community to regenerate. For example, cool season burns may not provide

sufficient heat to crack seed coats and promote germination of some

species, or conversely, early spring burns may be detrimental to

herbaceous species if the seeds in the soil have already imbibed water

when the fire occurs. The Service concludes that increasing urban

development reduces the likelihood that fire will occur in a manner

sufficient to ensure the continued viability of these taxa.

The invasive nature and competitive ability of the alien species,

Genista monspessulana, Cortaderia jubata, Carpobrotus edulis, and alien

grasses such as Phalaris aquatica (Harding grass) and Lolium

multiflorum (Italian ryegrass) which threaten the taxa in this rule are

well-documented (Mooney et al. 1986, Zedler and Scheid 1988).

Documented links between encroachment by alien plant taxa and the

disappearance of native California taxa in wildlands are also well-

established in the literature. This issue is discussed in greater

detail under factors A and E in the ``Summary of Factors Affecting the

Species'' section.

Issue 2: Several commenters suggested that the Service has not

given sufficient consideration to the regulatory mechanisms already in

place to protect the proposed plants; one suggested that the Coastal

Act already provides substantial protection for the taxa included in

the rule that occur on Pebble Beach Company lands.

Service Response: The Service has analyzed available information

and concluded that existing regulatory mechanisms, including the

Coastal Act, have not been sufficient to adequately protect the taxa

included in this rule. The discussion of existing regulatory mechanisms

has been expanded since the proposed rule and is included under Factor

D in the ``Summary of Factors Affecting the Species'' section.

Issue 3: Several commenters stated that the information the Service

used in the proposed rule for Piperia yadonii was dated and incomplete

and that the Service, therefore, was not relying on the best scientific

information available. Two commenters suggested that the better our

search methods and understanding of this species, the more of it we are

likely to find; they concluded that the current population sizes for

this species indicate that it is not in danger of extinction throughout

a significant portion of its range.

Service Response: In preparing the proposed rule, the Service used

the best information available on the distribution and abundance of

Piperia yadonii. The information supplied by the Pebble Beach Company

in 1992, when the preparation of the proposed rule began, estimated the

population of P. yadonii in the Del Monte Forest to be about 400 plants

(G. Fryberger, in. litt. 1992). The 1995 surveys, funded by the Pebble

Beach Company, were not completed and made available to the Service

before publication of the proposed rule in August 1995.

Data from the surveys in 1995 and 1996 support the range as stated

in the proposed rule with the exception of the Lobos Ranch and Palo

Colorado populations which represent a range extension south of the

Monterey Peninsula. Regions to the north and east of the known range of

this species have been searched without success and the appropriate

dwarf maritime chaparral and Monterey pine forest habitats are absent

or uncommon there (R. Morgan, pers. comm. 1996; Allen 1996). Additional

colonies within the range of this species may be discovered on private

lands, but large expanses of unsurveyed habitat with protected status

and appropriate habitat do not exist. Those portions of Fort Ord

identified for protection of natural resources are the largest

protected tracts of land within the range of P. yadonii. Surveys have

been conducted at Fort Ord and have located and identified P. yadonii

in only one location with fewer than 50 plants (Jones and Stokes Assoc.

1996; Allen 1996). Fort Ord appears to have little of the stunted

maritime chaparral habitat in which this species is found (D. Allen,

Biological Consultant, pers. comm. 1997).

The 1995 and 1996 surveys revealed that population sizes in the

proposed rule had been vastly underestimated because they were based on

counts of flowering specimens. Although P. yadonii is now known to be

more abundant than stated in the proposed rule, the Service's decision

to list this species is based on significant threats from direct loss

and fragmentation of its remaining habitat in the foreseeable future.

The Service has considered all new information received during public

comment periods in making this final determination and has incorporated

it into this final rule.

Issue 4: Several commenters suggested that Piperia yadonii plants

can be distinguished from other Piperia species with which it may occur

only by their flowers; therefore, those population estimates based on

counts of basal leaves may have overestimated the true population sizes

of P. yadonii by including colonies of other Piperia species.

Service Response: The Service agrees that flowers are needed for a

positive identification of Piperia yadonii. The surveys conducted in

1995 and 1996 relied primarily on counts of basal leaves for population

estimates. In most populations, however, the surveyors caged plants

when making initial counts of basal leaves and noted leaf

characteristics if they appeared to differ from those of P. yadonii.

Populations were revisited during June and July when P. yadonii is in

flower to confirm identification. In the few cases where no flowering

plants were found, the plants were not assigned to species; in cases

where a mix of species was found the estimates were based on leaf

characteristics and, in some cases, habitat type (Allen 1996). The

principle surveyor was noted to be a careful observer (V Yadon, in

litt. 1997). While acknowledging the potential for

[[Page 43107]]

overestimates, the Service has accepted the information and focused on

comparative population size and status, rather than specific counts.

Issue 5: One commenter submitted the results of experimental

transplantation of Piperia yadonii. The commenter suggested that there

existed suitable habitat for P. yadonii that was not at carrying

capacity and that transplantation and the dispersal of seeds to

unoccupied sites ``. . .offers a means of reducing the threat posed by

development.''

Service Response: The commenter submitted 1 year of data on the

results of transplantation experiments on Piperia yadonii. Survival on

four sites 10 months after early April transplanting ranged from 11

percent to 69 percent and averaged less than 50 percent. The proportion

of transplanted plants flowering on these sites ranged from 0 to 7

percent. Of the 113 plants transplanted in October, 73 percent survived

to the following February's monitoring date. Of these plants, 20

percent formed floral spikes (Allen 1997; M. Zander, in litt. 1997).

Two possible explanations exist for the absence of Piperia yadonii

from areas of seemingly suitable habitat in the Del Monte Forest.

Either a lack of seed dispersal has limited the ability of P. yadonii

to colonize these areas or the habitat is not suitable for the

establishment and maintenance of a viable population of this species.

P. yadonii has light-weight, wind-dispersed seeds, capable of long-

distance dispersal, making the former explanation less likely, although

still possible. In the latter case, many habitats which may initially

appear suitable may not be able to support a viable population of

Piperia yadonii over the range of environmental conditions that can be

expected to occur through time. For example, an introduced population

that may persist during a period of normal rainfall may perish during

an extended drought. To demonstrate that an area of currently

unoccupied habitat is capable of supporting a viable self-sustaining

population of Piperia yadonii could take several decades. The

population would have to persist through the range of environmental

conditions common to the region where it occurs. The Service is not

aware of any evidence that demonstrates the existence of unoccupied

habitat suitable for the growth and persistence of any of the species

in this rule, including P. yadonii. The Service does not accept

transplantation or manual seed dispersal as alternatives to protecting

naturally occurring populations with proven ability to persist through

the environmental extremes.

Issue 6: One commenter concluded that the discovery of the

population of Potentilla hickmanii in San Mateo County raises the

potential that other populations may be discovered and that the

Service's listing is therefore ``. . .premature and. . .unwarranted.''

The commenter also contends that the Service must now conduct further

surveys for this species to determine if listing is warranted.

Service Response: The discovery of the population in San Mateo

County does not substantially change the status of this species.

Potentilla hickmanii is known from only two locations. The San Mateo

County site that was recently discovered matches the general location

of historical collections from the 1930s. Following the discovery of

this population, intensive surveys have been conducted for this species

from Pillar Point near Half Moon Bay to Mori Point near Pacifica, San

Mateo County. No additional populations have been found (T. Morosco, in

litt. 1997). In 1990, Ferreira (1995) searched the historical

collection location near the Pacific Grove reservoir without success.

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

Species'' section, the Monterey population has fewer than 25 plants and

is potentially threatened by hydrologic changes due to proposed

development. The Service is neither required nor funded to conduct

further surveys for this species, and concludes that the best available

information is sufficient to support the listing of this species under

the Act.

Issue 7: One commenter concluded that listing will not provide any

additional protection to Trifolium trichocalyx because most of the

seedbank of this species is located in the Huckleberry Hill Open Space

area and the Morse Reserve. The commenter also concluded that the

Service has ignored existing regulatory mechanisms which protect most

of the seedbank of T. trichocalyx.

Service Response: In 1987, a wildfire on Huckleberry Hill burned

the central and southern portions of the habitat of Trifolium

trichocalyx. Following that fire, the largest colony of T. trichocalyx

was found on lands owned by the Pebble Beach Company outside of and

within the southern border of the Huckleberry Hill Open Space area

(maps by M. Griggs, in litt. 1988; V. Yadon, in litt. 1988). Much of

this site is now within the boundaries of one of the residential

subdivisions proposed by the Pebble Beach Company (EIP Associates

1995). A comparison of the maps of occupied habitat submitted to the

California Department of Fish and Game in 1988 (maps by M. Griggs, in

litt. 1988; V. Yadon, in litt. 1988) to the proposed footprint of the

proposed development (EIP Associates 1995), show that existing lots and

a 30-m (100-ft) setback will extend over about one-quarter of the

clover habitat occupied in 1988 (Jones and Stokes Assoc. 1996). Other

maps produced in 1988 and used in the environmental document, however,

indicate that the lots and setback extend up to, but do not cover,

habitat occupied in 1988 (EIP Associates 1995). As proposed in the

environmental document, the habitat containing the seedbank outside of

the lot boundaries and setback, would be designated forested open space

(EIP Associates 1995). The Service believes that existing and proposed

residential development either adjacent to, or partially over, the

existing clover seedbank substantially diminishes the potential for the

use of fire as a management tool to maintain this species. The Service

discusses existing regulatory mechanisms in more detail under Factor D

of the ``Summary of Factors Affecting the Species'' section.

Issue 8: Two commenters concluded that Cupressus goveniana ssp.

goveniana is already protected due to its inclusion in the Huckleberry

Hill Open Space and the Morse Botanical Reserve and is therefore

unlikely to become endangered in the foreseeable future. One commenter

stated that it is likely that fire would be used as a management tool

in the future in Del Monte Forest.

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

Cupressus goveniana ssp. goveniana is adapted to regenerate after a

fire. While some regeneration following mechanical clearing has

occurred along a fire road (EIP Associates 1995; Patterson et al.

1995), periodic fire is the most effective and efficient method of

promoting forest regeneration. The lands on which most of the cypress

grows are included in the Morse Botanical Reserve and, therefore, will

not be developed. However, the periodic fires that create conditions

necessary for regeneration of the grove, are less likely to occur as

residential development encroaches on the Reserve and the Huckleberry

Hill Open Space area. At least three of the subdivisions proposed for

development by the Pebble Beach Company are to be located within 300 m

(984 ft) of the Morse Reserve. One of these proposed subdivisions,

would be directly adjacent to the Cupressus stands in the Morse Reserve

and C. goveniana ssp. goveniana occurs within its northern boundary

(EIP Associates

[[Page 43108]]

1995). The 1990 Forest Maintenance Standard prepared for the

Huckleberry Hill Open Space stated that agencies which have the

authority to permit prescribed burns in the area recommended against

it. As with Trifolium trichocalyx (see Issue 7) the Service concludes

that existing and proposed adjacent residential development

substantially diminish the potential for the use of fire as a

management tool to maintain this species. Existing regulatory

mechanisms are discussed in more detail under Factor D of the ``Summary

of Factors Affecting the Species'' section.

Issue 9: One commenter concluded that the Service should designate

critical habitat and disputed the Service's reasoning that to do so

would not be prudent due to the potential for vandalism and the lack of

benefit. The commenter suggested that vandals interested in the plants'

locations could get them from the Service by requesting them under the

Freedom of Information Act (FOIA).

Service Response: The Service has concluded that designating

critical habitat for these species is not prudent for the reasons

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

habitat designation primarily affects Federal activities on lands on

which there is, or is likely to be, some involvement by a Federal

agency. All but one of these plants occur only on non-Federal lands

where there is no foreseeable Federal involvement. A few small

populations of Piperia yadonii occur on Federal land at the Department

of the Army's Presidio of Monterey, at the Naval Post-Graduate School

in Monterey, and on the former Fort Ord. The site on the former Fort

Ord is to be transferred to a local management entity, permanently

protected, and managed for the conservation of plants and wildlife.

There may be some small benefit that results from public

notification if critical habitat is designated, but this benefit is

largely duplicative with the public notification that is part of the

listing process itself. Moreover, any benefit that results from public

notification must be weighed against the potential for increasing the

degree of threat to the species and also against the potential for

making cooperative recovery efforts more difficult. The Service also is

concerned about the potential for overcollecting of Piperia yadonii if

critical habitat descriptions and precise maps of plant locations were

to be published in the Federal Register. An international trade exists

in orchid species and the attractiveness of P. yadonii to

horticulturalists may be enhanced by its listing as an endangered

species. At its present population size on the Peninsula, an increase

in collection is not likely to substantially affect this species in

itself, but combined with further expected habitat loss and

fragmentation, the collection of flowering individuals could be

deleterious to this species. By publishing maps identifying the precise

locations of this plant species, the Service could be contributing to

its decline. Although these maps may be available through a FOIA

request, anyone intending to vandalize these species or their habitat

is unlikely to request this information in such a public and documented

way. The Service believes that any small benefit from critical habitat

designation is outweighed by the increased threat to Piperia yadonii

species from overcollection and vandalism. A more detailed discussion

of all aspects of critical habitat discussion for these five taxa is

provided in the ``Critical Habitat'' section.

Issue 10: One commenter stated that the Service has violated the

Administrative Procedures Act by not notifying the County of San Mateo

of the proposed rule, since a population of Potentilla hickmanii occurs

in San Mateo County.

Service Response: At the time the proposed rule was prepared, the

population of Potentilla hickmanii in San Mateo County had not been

discovered (R. Vonarb, in litt. 1995). Since none of the species in the

rule were known to be extant in any county other than Monterey, no

additional county governments were included on the address list. The

County of San Mateo was included in the notification provided during

the most recent comment period.

Issue 11: One commenter requested that the Service prepare an

environmental impact report (EIR) for this listing action.

Service response: Because the Service is a Federal agency its

actions are regulated by the National Environmental Policy Act (NEPA),

which would require preparation of an Environmental Impact Statement

(EIS). This action is not regulated under the California Environmental

Quality Act (CEQA) which would require preparation of an EIR. The

Service has previously determined (48 FR 49244) that rules issued

pursuant to section 4(a) of the Act do not require the preparation of

an EIS.

Issue 12: One commenter was concerned that urban and golf course

development and recreational and military activities would be curtailed

by the listing of these species because these activities were

identified as threats in the proposed rule.

Service Response: In some cases, the activities described above may

be modified if they are likely to adversely affect a federally listed

species. Federal listing provides some protection to plant species on

Federal lands, and elsewhere if a Federal permit or authorization is

required for a proposed action. Federal listing also provides a

significant degree of recognition by State and local agencies and

private landowners which may result in increased protection. Of the

activities addressed above, those of the military would require

consultation with the Service to ensure that military activities would

not jeopardize the continued existence of listed taxa. Greater detail

on the prohibitions and protections afforded listed plant species is

found in the ``Available Conservation Measures'' section.

Peer Review

In accordance with policy promulgated July 1, 1994 (59 FR 34270),

the Service solicited the expert opinions of independent specialists

regarding pertinent scientific or commercial data and assumptions

relating to the population biology and supportive biological and

ecological information for the species 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.

Three peer reviewers were asked specific questions relating to the

conclusions and assumptions included in the proposal for Cupressus

goveniana ssp. goveniana, Piperia yadonii, and Potentilla hickmanii.

Their comments have been incorporated into the final rule as

appropriate and are summarized below.

One reviewer commented that most Piperia species are pollinated by

moths. The reviewer hypothesized that the species has a mixed breeding

system that involves both outcrossing and inbreeding (either through

self-fertilization or breeding with neighboring plants that are likely

to be related). The reviewer agreed that because Piperia have wind-

dispersed seed, physical obstructions, such as houses, may affect seed

dispersal. The reviewer suggested that the effects of development and

habitat fragmentation on the pollinators of Piperia yadonii may be of

greater concern than the effects on seed dispersal or germination,

particularly if the species is primarily pollinated by insects of

restricted distribution. The same reviewer also

[[Page 43109]]

concluded that knowledge of the partitioning of genetic variation in

Piperia yadonii could influence the conservation strategy for this

taxon. Recent research results suggest that widespread tropical orchid

species have much of their genetic variation within populations and

fewer differences between populations, while in outcrossing species

with restricted distributions gene flow may be similarly restricted and

thus the genetic variability found in one population may differ

substantially from that of another. If this is true in the genus

Piperia, then species with restricted distributions, such as P.

yadonii, would be more likely to differ genetically between

populations. Therefore, to preserve the variability found within the

species, as many populations as possible would need to be preserved.

Both reviewers of the Piperia information agreed that the habitat

information provided by Allen (1997) was consistent with what they know

of the species and genus. Mowing of flowering stalks and herbivory by

deer were threats discussed by one reviewer.

The reviewer who commented on Cupressus goveniana ssp. goveniana

agreed with the Service's conclusion that changes in the fire cycle

were a threat to this taxon. The reviewer noted that opposition to

prescribed burning in the Del Monte Forest still exists, although less

so than in the past. The reviewer noted that vegetation removal along

fire roads in the Cupressus stands on the Peninsula has been a problem

and that erosion has increased due to fire road construction and

maintenance.

Two reviewers commented on the reproductive biology of Potentilla

hickmanii; one reviewer concluded that the species was self-compatible

while the other reviewer noted that self-pollinated plants in a recent

controlled experiment did not produce seed. Very few potential

pollinating insects have been noted on P. hickmanii, despite focused

observations by one of the reviewers. One reviewer specifically noted

that seed set is generally low. One reviewer responded to the Service's

query about distribution of this species by providing information on

recent searches that have been conducted specifically for P. hickmanii.

No additional populations have been located, and very few unsearched

areas that may have appropriate habitat remain to be searched. Both

reviewers agreed that nonnative species are a threat to this species at

both locations where it is known to occur.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) and

regulations (50 CFR part 424) promulgated to implement the listing

provisions of the Act set forth the procedures for adding species to

the Federal Lists. A species may be determined to be an endangered or

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

section 4(a)(1). These factors and their application to Astragalus

tener Gray var. titi (Eastw.) Barneby (coastal dunes milk-vetch),

Cupressus goveniana Gord. ssp. goveniana (Gowen cypress), Piperia

yadonii Morgan & Ackerman (Yadon's piperia), Potentilla hickmanii

Eastw. (Hickman's potentilla), and Trifolium trichocalyx Heller

(Monterey clover) are as follows:

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

of its Habitat or Range

Two of the plant taxa, Astragalus tener var. titi and Trifolium

trichocalyx, occur only on the Monterey Peninsula. The largest of the

two Cupressus goveniana ssp. goveniana stands occurs on the Monterey

Peninsula, as does one of only two populations of Potentilla hickmanii.

The Monterey Peninsula is also the center of distribution of, and

supports the largest concentration of, Piperia yadonii. Habitat for all

five plant taxa has been altered, destroyed, or fragmented by

residential development and conversion to golf courses and other

recreational facilities.

Recent estimates of the loss of Monterey pine forest in California

indicate that 40 percent (Huffman and Assoc. 1994) to 50 percent (Jones

and Stokes Assoc. 1994a) of the Monterey pine forest once found in the

Monterey region has been eliminated. On the Monterey Peninsula itself,

the proportion destroyed is much greater; on those marine terraces and

old dune soils that underlie most of the Peninsula, less than 20

percent of the historical Monterey pine forest is estimated to remain,

much of it in fragmented and increasingly isolated stands (Jones and

Stokes Assoc. 1994a). The Pebble Beach Company's lot development

program includes proposed construction of 15 residential subdivisions,

the Del Monte Forest's 8th 18-hole golf course, and associated

recreational facilities on 277 ha (685 ac). This development would

eliminate or degrade 165 ha (412 ac) of Monterey pine forest and

associated maritime chaparral habitat on the Peninsula, including the

Peninsula's second largest contiguous block of forest habitat (EIP

Associates 1995). Most populations of each species in this rule occur

within this remnant block of forest or closely associated meadow and

terrace habitats. Habitat loss, fragmentation, and alteration resulting

from previous and proposed developments pose significant threats to all

five plant taxa in this rule.

Habitat fragmentation, by reducing native vegetation to ``islands''

within a matrix of roads, residences, and golf courses, leads to

population declines and extirpations in several ways. As habitats are

reduced to smaller parcels, natural ecosystem processes that act over

large areas, such as hydrologic or fire regimes, are altered. The edges

of habitat ``islands'' and the species within them may experience

changes in light level, wind velocity (leading to blowdown of trees),

moisture availability and an increase in alien species. When the

habitat fragments are small, these ``edge effects'' may influence the

entire remnant habitat. As species composition of these remnant

habitats change, pollination and herbivory may be affected (Harris and

Silva-Lopez 1992). Other influences from the surrounding environments,

such as drifting of pesticides, trampling by humans, dumping of yard

waste, and cutting of vegetation for fire control, also can have

significant deleterious effects on the survival of native species.

Astragalus tener var. titi is believed extirpated in San Diego and

Los Angeles counties due to habitat destruction. The only known

occurrence is composed of eleven colonies, bisected by two roads, a

golf green, and an 8-foot wide horse trail on the Monterey Peninsula.

Development of the marine terrace habitat of this species has led to

actual and potential problems with invasive alien species, trampling,

and potential genetic changes, discussed under Factor E.

Cupressus goveniana ssp. goveniana is restricted to only two sites

in western Monterey County. The occurrence on the Monterey Peninsula is

located in the Morse Botanical Reserve and Huckleberry Hill Open Space

area. As development has surrounded this location, the edges and

outlying stands of this occurrence have been eliminated or diminished.

For example, portions of this occurrence were lost during construction

of the Poppy Hills golf course in the 1980s (J. Vandevere, California

Native Plant Society (CNPS), in litt. 1992; G. Fryberger, pers. comm.

1992). Trees planted as mitigation for that loss and a small stand of

naturally occurring C. goveniana ssp. goveniana and Pinus muricata were

left in a 19.5-ac habitat patch of Monterey pine forest and chaparral,

bounded by golf green.

[[Page 43110]]

As proposed for the most recent subdivision and development, this site

would be converted to a 21-lot residential area, eliminating most of

the naturally occurring cypress and leaving the remaining cypress in a

portion of 2.8 ha (7 ac) of Forested Open Space bounded by roads, a

golf green and houses (EIP Assoc. 1995). At least three of the proposed

subdivisions are within 300 m (1000 ft) of the C. goveniana ssp.

goveniana stands in the Morse Reserve and one proposed residential

development abuts the Reserve's southwest corner (EIP Assoc. 1995). The

proximity of these residential areas diminishes the opportunity to use

prescribed fire as a management tool within the reserve. In addition,

due to concern about potential wildfire, 12-ft wide fire roads have

been maintained throughout the Reserve and Huckleberry Hill Open Space,

removing individual Cupressus trees and causing erosion in some places

(Forest Maintenance Standard 1990, V. Yadon in litt. 1997). These fire

roads provide a suitable path for alien plants to enter and spread

through the stands.

Potentilla hickmanii on the Monterey Peninsula is known from one

occurrence of about 25 plants that grow in a meadow area designated as

open space and used for recreation. In the 1970s, habitat occupied by

P. hickmanii was lost and degraded by fill brought in for a ball field

(Ferreira 1995); habitat trampling during recreational activities was

noted as recently as 1995 (Jones and Stokes Assoc. 1996). In 1996, the

Pebble Beach Company built an additional wood fence to exclude

recreational activities from the remainder of the population (M.

Zander, in litt. 1996). Currently, development of an 18-ac, 21-lot

residential subdivision is proposed in Monterey pine forest within 100

m (330 ft) of the occurrence (EIP Associates 1995). This subdivision

could negatively affect P. hickmanii both by increasing the amount of

human use in the area and by altering the hydrology of the site; a

small watercourse and freshwater marsh that likely influence the meadow

habitat of P. hickmanii are located about 400 m (1300 ft) upslope from

the occurrence and are within the proposed lot development area.

Mitigation proposed to reduce this threat is the elimination of the

three lots that cover and border the marsh and riparian areas (EIP

Associates 1995). Nevertheless, runoff into the meadow may be affected

by upslope development.

The Monterey Peninsula appears to be the center of distribution of

Piperia yadonii. The Peninsula provides the greatest amount of

remaining contiguous habitat and supports about 70 percent of known

plants. The Del Monte Forest includes over half (73 ha (184 ac)) of the

acreage estimated to still be extant for this species (EIP Associates

1995, Allen 1996). Based on the distribution of plants found in

remaining Monterey pine forest, historical collections from Pacific

Grove, and the amount of Monterey Pine forest which the Peninsula

historically supported, the distribution of P. yadonii today is likely

only a fraction of the historical extent of this species on the

Peninsula. In the habitat that remains, P. yadonii is found in 13 of

the proposed subdivisions. The 245-ac site of the proposed golf course

supports about 16,000 individuals of this species and is the second

largest contiguous stand of Monterey pine forest left on the Peninsula.

The development currently proposed by the Pebble Beach Company would

result in the loss or alteration of habitat supporting about 46,000

plants of Piperia yadonii on about 60 ha (149 ac) (EIP Associates

1995). This is about 80 percent of known plants on the Peninsula.

Including the 7,500 plants in the Huckleberry Hill Reserve (Richard

Nichols, EIP Associates, pers. comm. 1997), about 10,800 plants of

Piperia yadonii would fall within proposed forested open space (EIP

Associates 1995). Other open space areas are located at the ends or

borders of the proposed subdivisions or in some cases are encircled by

the proposed lots. The effects of habitat fragmentation are likely to

result in the eventual extirpation of colonies in these areas. In the

nearby La Mesa housing development, for example, Genista monspessulana,

an alien shrub, has invaded and is expected to engulf remnant habitats

that support Piperia yadonii (Uribe & Assoc. 1993). Trampling by

recreationists is a noted problem in remnant habitats that support P.

yadonii at two city parks (D. Allen, pers. comm. 1997). Mowing for

roadside fire control, which shears off the flowering stalks of P.

yadonii, thereby preventing reproduction, also occurs in remnant open

space habitats on the Peninsula (V. Yadon, in litt. 1997).

Beyond the Monterey Peninsula, over 60 percent of the known Piperia

yadonii plants are on privately owned lands without protection, most of

these in the Prunedale area. Two residential developments of over 16 ha

(40 ac), each of which support potential maritime chaparral habitat,

have been approved in this area in the last 2 years (L. Osorio,

Monterey County Planning and Building Inspection, pers. comm. 1997). A

third property, known to support several thousand P. yadonii, has been

subdivided, but construction has not yet begun (M. Silberstein, Elkhorn

Slough Foundation, pers. comm. 1997).

Trifolium trichocalyx is known only from Monterey pine forest on

the Monterey Peninsula. Because this species appears to persist

primarily as a seedbank until fire causes a flush of establishment,

only a few colonies of living plants have been seen recently within and

south of the Huckleberry Hill Open Space area in a region that burned

in 1987 (Jones and Stokes Assoc. 1996). Of locations mapped for this

species since the mid-1980s, about one-half of the area where plants

have been recorded is in the Huckleberry Hill Open Space area and Morse

Reserve, and approximately one-half occurs to the south and east. The

mapped location of one colony is now a golf green (Ferreira 1995). The

development lots and vegetation clearance zones for one of the proposed

subdivisions appear to extend over a part of the largest occurrence

mapped after the 1987 fire (Yadon in litt. 1988, Jones and Stokes

Assoc. 1996), although other documents depict the lots adjacent to, but

not over, previously mapped occupied habitat (EIP Associates 1995, M.

Zander, in litt. 1996). In either case, the construction of residences

over or directly adjacent to this occurrence is likely to preclude the

use of fire as a management tool to promote its continued existence in

the future.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not currently known to be a factor for the five

plant taxa, but unrestricted collecting for horticultural purposes or

excessive visits by individuals interested in seeing rare plants is a

potential threat to these taxa. Piperia yadonii, like many other

orchids and showy-flowered monocots, may be particularly vulnerable to

collecting by amateur and professional horticulturalists due to the

plant's unusual flower and its tuberous growth habitat which increases

the ease with which it can be moved.

Vandalism is a potential threat for Potentilla hickmanii and

Astragalus tener var. titi. The sites that these plants inhabit could

be easily vandalized, resulting in the destruction of a significant

portion of the population. The sites where A. tener var. titi exist are

small and easily accessible, increasing their susceptibility to

destruction.

[[Page 43111]]

C. Disease or Predation

Disease is not known to be a factor affecting the five plant taxa

being proposed as endangered. Several references discuss diseases that

affect cypresses (Peterson 1967, Wagener 1948). However, diseases, such

as the oak root fungus (Armillariella mellea) and the canker-producing

strain of Cornyeum, primarily seem to attack cypresses planted outside

of their native range and in nursery settings (Wagener 1948). No signs

of disease or predation have been noted by biologists familiar with the

two Cupressus goveniana ssp. goveniana groves (J. Griffin, Hastings

Natural History Reservation, pers. comm. 1992; V. Yadon, pers. comm.

1992).

Increased predation (herbivory) by deer due to an elevated deer

population on the Peninsula is a potential threat to Piperia yadonii.

During surveys in 1995 and 1996 a sample of plants both on and off of

the Peninsula were placed under cages to protect them from large

herbivores. About 13 percent of the caged plants flowered, while in

unprotected plants only about 2 percent could be found with flowering

stems (Allen 1996), a reduction of 85 percent. Severe herbivory of

leaves, also likely from deer, has been noted as well (V. Yadon, in

litt. 1997). Although the Service is not aware of any quantitative data

on deer populations on the Peninsula, anecdotal evidence, such as

sightings and reports of health, suggest that the number of deer on the

Peninsula is high (T. Palmisano, California Department of Fish and Game

(CDFG), pers. comm. 1997; Mary Ann Matthews, CNPS, in litt. 1996; D.

Steeck, USFWS, pers. obs. 1996). If the loss of 85 percent of flowering

stems calculated by Allen (1996) is close to actual herbivory rates on

the Peninsula, predation could have a substantial effect on the

reproductive success of the species, particularly as populations are

reduced by large scale habitat loss and fragmentation due to

development.

D. The Inadequacy of Existing Regulatory Mechanisms

Existing regulatory mechanisms that may provide some protection for

taxa in this rule include--(1) the California Endangered Species Act

(CESA); (2) the California Environmental Quality Act (CEQA); (3) the

California Coastal Act; and (3) local land use laws, regulations, and

policies.

Under the CESA (California Fish and Game Code section 2050 et seq.)

and the Native Plant Protection Act (California Fish and Game Code

section 1900 et seq.), the California Fish and Game Commission has

listed Astragalus tener var. titi, Potentilla hickmanii, and Trifolium

trichocalyx as endangered. Piperia yadonii and Cupressus goveniana ssp.

goveniana are on List 1B of the CNPS Inventory (Skinner and Pavlik

1994), indicating that, in accordance with section 1901 of the CDFG

Code, they are eligible for State listing. Although the CESA prohibits

the ``take'' of State-listed plants (section 1908 and section 2080) not

all projects comply and the law is not always enforced. California

Senate Bill 879, passed in 1997 and effective January 1, 1998, requires

individuals to obtain a section 2081(b) permit from CDFG to take a

listed species incidental to otherwise lawful activities, and requires

that all impacts be fully mitigated and all mitigation measures be

capable of successful implementation.

These requirements have not been tested and several years will be

required to evaluate their effectiveness.

The CEQA requires a full public disclosure of the potential

environmental impacts of proposed projects. The public agency with

primary authority or jurisdiction over the project is designated as the

lead agency and is responsible for conducting a review of the project

and consulting with other agencies concerned with resources affected by

the project. Required biological surveys are not always adequate to

identify sensitive species, however. For example, in the northern

portion of the range of Piperia yadonii a 40-acre residential

development was recently approved in an area that contains maritime

chaparral habitat and is located within 5 miles of a known site of P.

yadonii. The biological survey was conducted in September 1995, when no

above-ground parts of P. yadonii are present. When sensitive species

are identified, proposed mitigation for significant impacts often

involves transplantation of sensitive plants (EIP Associates 1995)

which has poor success rates (Fiedler 1991, Allen 1994, M. Zander, in

litt. 1997). Furthermore, when the effects of a proposed project cannot

be mitigated to a level of insignificance, the County lead agency may

still cite overriding considerations and approve the project.

All of the taxa in this rule occur, in part, in that portion of the

Monterey Peninsula included in the California Coastal Zone. The Del

Monte Forest Land Use Plan of 1984 (Del Monte Forest LUP) was developed

to comply with the Coastal Act's requirement that all counties prepare

a plan for those portions of the Coastal Zone within their

jurisdiction. Once the Del Monte Forest LUP was certified by the

Coastal Commission, development permits within the Del Monte Forest

Coastal Zone became the responsibility of the County of Monterey. The

County planning process does not appear to be implemented in a manner

that will maintain the standards developed in the Del Monte Forest LUP,

in some cases. For example, the Coastal Act defines Environmentally

Sensitive Habitat Areas (ESHAs) as ``...any area in which plant or

animal life or their habitats are either rare or especially

valuable...and which could be easily disturbed or degraded by human

activities and developments.'' County policy identifies ESHAs as those

identified in the 1984 LUP. Because Piperia yadonii was not recognized

taxonomically in 1984, its location in the Del Monte Forest is not

addressed as an ESHA in the recent County environmental impact report

for the Pebble Beach Company's proposed development (EIP Associates

1995). It therefore does not receive the protections afforded by the

Coastal Act (EIP Associates 1995).

Sites which support the other species in this rule, Cupressus

goveniana ssp. goveniana, Piperia hickmanii, part of the occurrence of

Trifolium trichocalyx and Astragalus tener var. titi, were designated

ESHAs in the Del Monte Forest LUP. The LUP and appended Management Plan

for Del Monte Forest Open Space Property specifies that these sites

will remain in undeveloped open space and will be managed to protect

the sensitive plant species which occur there. In managing these areas,

the Pebble Beach Company has constructed fencing around part of the P.

hickmanni and A. tener var. titi occurrences and has a program for

control or eradication of alien species within those ESHAs under their

management. The DMFF, which manages the Morse Reserve and Huckleberry

Hill Open Space area, also has a control program for alien species.

Despite these protections, adjacent areas identified for development

have negatively affected, and likely will continue to, affect these

areas. For example, the C. goveniana ssp. goveniana stands that

extended outside the boundaries of the Morse Reserve were removed

during the development of Poppy Hills golf course, and wetlands upslope

from the Potentilla hickmanni occurrence are likely to be influenced by

a proposed housing development (EIP Associates 1995). While the Coastal

Act and resulting Del Monte Forest LUP provide some protection for the

occurrences of these plant taxa located in the Coastal Zone, the

Service

[[Page 43112]]

concludes that it is not adequate to preclude the need to list these

taxa at this time.

A management plan for Point Lobos State Reserve states that the

major effort within the Reserve will be ``management toward the

pristine state, that is, the state the ecosystem(s) would have achieved

if European man had not interfered,'' but also to provide limited

public access to the Cupressus goveniana ssp. goveniana area (CDPR

1979). The stand is currently protected from human disturbance by

virtue of its isolation. With surrounding parcels to be transferred to

the Reserve over the next decade, more active management of the area,

particularly prescribed burning, is likely (K. Gray, pers. comm. 1997).

The Service concludes that existing regulatory mechanisms have

provided some protection for these taxa, but the implementation of the

regulations has not been adequate to preclude the need to list these

taxa.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

Alien plant taxa threaten or are a potential threat to four of the

taxa included in this rule. Two of the five plant taxa occur in meadow

habitat containing a high percentage of alien plants. Along 17-Mile

Drive, Astragalus tener var. titi occurs with the alien Plantago

coronopus (cut-leaf plantain) and Carpobrotus edulis. Carpobrotus

edulis, in particular, spreads rapidly and competes aggressively with

native species for space. The Pebble Beach Company has an active C.

edulis eradication program in, and adjacent to, the exclosure on the

ocean side of 17-Mile Drive (M. Zander, in litt. 1997). However, C.

edulis has been planted and is being maintained within a few feet of

the unfenced portion of the habitat of A. tener var. titi on the inland

side of 17-Mile Drive owned by the Monterey Peninsula Country Club

(Zander 1996). Plantago coronopus, a prolific seeder, appears to be

crowding out native species on both sides of 17-Mile Drive (Ferreira

1995).

Both populations of Potentilla hickmanii may be threatened by alien

species. The population on the Monterey Peninsula occurs at Indian

Village where Ferreira (1995) noted four alien grass taxa associated

with it: Aira caryophylla, Bromus mollis, Festuca arundinacea, and

Lolium multiflorum. The Festuca may have been introduced in a ``meadow

mix'' used on adjacent fairways; its stature and invasiveness appear to

compete with P. hickmanii. Plantago coronopus, also an alien, is

present at this site and may be competing with P. hickmanii. Alien

grasses, such as Phalaris aquatica, are also found at the San Mateo

site, and Genista monspessulana, an invasive alien shrub, occurs there

on the surrounding slopes (T. Morosco, in litt. 1997). At this location

P. hickmanii is reported to occur in greatest concentrations in those

areas that support the most intact native habitats with the fewest

annual grasses (B. Ertter, in litt. 1997); whether lower densities

elsewhere are due to competition from annual grasses has not yet been

explored.

Cortaderia jubata (pampasgrass) and Genista monspessulana (French

broom) are two other alien plant taxa that invade forests and meadows

on the Monterey Peninsula. The Pebble Beach Company has an on-going

eradication program for these two taxa in the Huckleberry Hill area

adjacent to Cupressus goveniana ssp. goveniana. However, numerous fire

roads provide open habitat for these invasive taxa and it is unlikely

that they will ever be completely eradicated from the area. An

extensive stand of Genista has been mapped adjacent to the grove of C.

goveniana ssp. goveniana at Pt. Lobos Reserve (Patterson et al. 1995),

where it may interfere with stand regeneration in the future (K. Gray,

pers. comm. 1997).

Fire plays an important role in the regeneration of all cypress

taxa (Vogl et al. 1988). Alteration of the natural fire cycle may

negatively affect regeneration of Cupressus goveniana ssp. goveniana.

Fire is essential since it opens cones that otherwise remain unopened

on the trees, and it creates conditions appropriate for seedling

establishment (Vogl et al. 1988). Prescribed burning has not been tried

at the Pt. Lobos Ranch occurrence, in part due to the risks to

surrounding privately owned lands (K. Gray, pers. comm. 1997).

Griffin (pers. comm. 1992) and Ferreira (1995) have noted that

establishment of Pinus radiata (Monterey pine) seedlings after the 1987

fire has been so vigorous that the pine may be expanding its range at

the expense of Cupressus goveniana ssp. goveniana. Yadon (retired

Director, Pacific Grove Museum of Natural History, pers. comm. 1992)

believes that the pine's preference for richer soils than those that

support C. goveniana ssp. goveniana would prevent long-term

establishment of pines in C. goveniana ssp. goveniana habitat.

Trifolium trichocalyx exemplifies a taxon that may persist only as

a seedbank for years until released by a fire event. Maintaining

habitat and certain fire management prescriptions will be required to

prevent the extinction of this species in the wild.

Alteration of habitat due to continuing recreational use of

portions of Pebble Beach threaten the small populations of Astragalus

tener var. titi, and Potentilla hickmanii. Trampling by humans and

horses can affect these taxa directly, as well as alter soil compaction

and erosion such that alien taxa increase at the expense of native

taxa.

At least three of the five plant taxa are threatened with

extinction from natural random acts by virtue of the limited number of

individuals and range of the existing populations. Inbreeding may

affect small or isolated populations if it results in inbreeding

depression, typically characterized by lowered seed set, lowered

germination rates, and lowered survival and reproduction by offspring.

Small populations are also vulnerable to extinction by a single human-

caused or natural event. While annual plant taxa, such as Astragalus

tener var. titi, will undergo radical fluctuations in population size

as a result of natural environmental conditions, the long-term survival

of this taxa depends on maintaining seed production and appropriate

habitat for population expansion.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in determining to list these

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

Astragalus tener var. titi, Piperia yadonii, Potentilla hickmanii, and

Trifolium trichocalyx, as endangered. These taxa are in danger of

extinction throughout all or a significant portion of their ranges due

to habitat destruction and fragmentation from residential and

recreational development; competition from alien plants; alteration of

natural fire cycles; and the reduced numbers and size of populations

that increase the likelihood of extinction from naturally occurring

events and unanticipated human activities.

For the reasons discussed as follows, the Service finds that

Cupressus goveniana ssp. goveniana is likely to become endangered

within the foreseeable future throughout all or a significant portion

of its range due to habitat alteration and destruction, and/or

disruption of natural fire cycles. Competition from alien plants is a

potential threat. The Service has determined that threatened rather

than endangered status is appropriate for C. goveniana ssp. goveniana

because one of two populations (the Gibson Creek stand managed by the

CDPR) has not been significantly affected by human

[[Page 43113]]

activities. Also, since it is long-lived, C. goveniana ssp. goveniana

appears to be able to withstand several decades without fire as long as

sufficient habitat is maintained. Other alternatives to this action

were considered but not preferred because not listing this species

would not provide adequate protection and would not be in keeping with

the purposes of the Act, and listing it as endangered would not be

appropriate, as the populations receive some protection in the Morse

Reserve and at Pt. Lobos State Park. Therefore, the preferred action is

to list Cupressus goveniana ssp. goveniana as threatened.

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

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

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

a determination that such areas are essential for the conservation of

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

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

under the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

the taxa are determined to be endangered or threatened. Critical

habitat is not determinable when one or both of the following

situations exist--(1) Information sufficient to perform required

analyses of the impacts of the designation is lacking, or (2) the

biological needs of the species are not sufficiently well known to

permit identification of an area as critical habitat (50 CFR

424.12(a)(2)). 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.

Critical habitat designation applies only when the taxa involved

occur on Federal lands or on non-Federal lands for which there is some

Federal involvement. With the exception of Piperia yadonii, none of the

plants in this rule occur on Federal lands, nor is there any historical

record of them occurring on Federal lands. Federal lands with

appropriate habitat are uncommon throughout the historical range of

these species, and no potential habitat for Potentilla hickmanii,

Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or

Trifolium trichocalyx is known to occur on Federal lands. In addition,

Federal involvement is unlikely to occur on non-Federal lands having,

or likely to have, populations of these four species because the

activities typically conducted in the habitat of these species do not

normally require Federal permits or authorization or Federal funding.

Due to this probable lack of Federal involvement, the only

potential benefit that would result from critical habitat designation

would be notification to the public, private landowners, and local

government agencies of the need to protect these species and their

habitats. However, during the listing process, and after a species is

listed, the Service conducts public outreach in affected local

communities. Because this form of public notification is more targeted

to specific landowners and local governments, it is more effective than

the notification that is provided through the designation of critical

habitat. Thus, in the case of these four plant species, there would be

little or no additional benefit provided by designation beyond that

which results from the listing process itself. Furthermore, designation

may lead to adverse reactions by landowners whose property is

designated as critical habitat, because such an action is often

misconstrued as an attempt by the Federal government to confiscate

private property. In fact, section 9 of the Act does not prohibit

destruction of plants or their habitat on private land. Moreover,

because there is no likely Federal nexus there is no means of

protecting critical habitat on these lands, even if critical habitat

were to be designated. The widespread misconception that critical

habitat designation on private lands necessarily imposes restrictions

on private landowners makes designation of critical habitat

counterproductive and renders cooperative efforts with private

landowners to recover species more difficult. Such cooperative efforts

are essential if the Service is to recover species which, like these

four taxa, only occur on private lands where there is no known Federal

nexus. Designation of critical habitat for Potentilla hickmanii,

Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or

Trifolium trichocalyx, therefore, is not prudent because the additional

benefit, if any, that might derive from public notification duplicates

those that come from the public outreach component of the listing

process itself, and would be outweighed by the potential detriment to

the recovery of these species due to the misconception that such

designation imposes Federal restrictions on private landowners where no

Federal nexus exists.

Piperia yadonii also occurs predominantly on private lands where

Federal involvement is unlikely. In the case of P. yadonii, however, a

majority of its individuals are on lands of a single private landowner,

who commissioned the studies that documented the species' range and

population status. This landowner, therefore, is well aware of the

presence and location of the species on its property and there would be

no additional benefit to the species from providing to the landowner

location information that it already has. Critical habitat designation

also would increase the risk of overcollection of P. yadonii due to the

publication of precise locational maps and detailed habitat

descriptions as required under critical habitat regulations (16 U.S.C.

1533(b) (5)(A)(I) and (6)(A); 50 CFR 424.12(c), 424.16(a) and

424.18(a)). The risk of increased threat to P. yadonii from

overcollection is discussed in more detail.

Piperia yadonii also occurs on State lands. The location of these

plants is known to the managing agency, the CDPR, which is committed to

protecting these plants. Critical habitat designation for these lands,

therefore, would not be of additional benefit to the species.

One population of Piperia yadonii was reported from Federal land on

Fort Ord in the early 1990s, but this species has not been seen there

for several years despite extensive directed surveys (Jones and Stokes

Assoc. 1996). The land where it occurred is to be preserved within a

development area and will be transferred to a local entity for that

purpose in the near future. Should the plant reappear at this site, it

is likely that the population will be small and highly vulnerable to

collection. Critical habitat designation at this site, therefore, may

increase the threat to P. yadonii from overcollection in this easily

accessible area.

Three small colonies of Piperia yadonii, with a total of a few

hundred plants, also occur on Federal lands managed by the Naval

Postgraduate School and the Presidio of Monterey. The Navy is aware of

the location of these plants and is committed to

[[Page 43114]]

protecting them. While designation of critical habitat for these

populations may provide some small benefit, this benefit must be

weighed against the risks associated with such designation. Piperia

yadonii is an orchid, a plant family highly prized by collectors

throughout the world. The threat that collection poses to wild orchids

is considered sufficiently serious that the entire orchid family, with

the exception of certain species considered at greatest risk, is

included on Appendix II of the Convention on the International Trade in

Endangered Species (American Orchid Society 1997). Although P. yadonii

is not currently sought by collectors, other wild California orchids

are collected (Coleman 1995). Piperia yadonii was previously classified

as Habenaria unalascensis, Habenaria is a genus that is available

commercially and for which instructions for the cultivation of its

species are readily available on the Internet (Dragon Agro Products

1997). The listing of P. yadonii as endangered publicizes the rarity of

the taxa and thus can make them attractive to researchers, curiosity

seekers, or collectors of rare plants. Furthermore, if the majority of

the plants on the Peninsula are lost to proposed developments, the

potential for collection of flowering individuals from protected

populations will increase. Several of the small populations at the

Presidio of Monterey and the Naval Postgraduate School are located

adjacent to roads and easily accessible. Even limited collecting from

small populations could have significant negative impacts.

The publication of precise critical habitat descriptions and maps

required in a proposal for critical habitat could increase the

potential threat to these populations from possible overcollection and,

thereby contribute to their decline. The Service believes, therefore,

that the designation of critical habitat for the few populations of

Piperia yadonii on Federal lands is not prudent because any small

benefit such designation might confer is significantly outweighed by

the potential for increasing the degree of threat to these populations

from overcollection. In addition, the Navy is aware of the location of

these plants.

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 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, as follows.

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

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

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

Part 402. Section 7(a)(4) of the Act requires Federal agencies to

confer with the Service on any action that is likely to jeopardize the

continued existence of a species proposed for listing or result in

destruction or adverse modification of proposed critical habitat. If a

species is listed subsequently, section 7(a)(2) requires Federal

agencies to insure that activities they authorize, fund, or carry out

are not likely to jeopardize the continued existence of the 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.

Only one of the taxa, Piperia yadonii, occurs on Federal lands.

Four small colonies, totaling fewer than 500 plants, have been

identified at the Department of the Army's Presidio of Monterey, at the

Naval Post-Graduate School in Monterey, and on Fort Ord. The site at

Fort Ord was located in the early 1990s, but this species has not been

identified there for several years (Jones and Stokes Assoc. 1996). The

land where it occurred is to be preserved within a development area and

will be transferred to a local entity for that purpose in the near

future. Federal agency actions that may require consultation include

military training, construction of roads, and other developments that

could affect these small colonies.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered or

threatened plants. With respect to the four plant taxa proposed to be

listed as endangered, all trade prohibitions of section 9(a)(2) of the

Act, implemented by 50 CFR 17.61 and 17.71, would apply. These

prohibitions, in part, make it illegal with respect to any endangered

plant 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 these species

in interstate or foreign commerce; remove and reduce to possession the

species from areas under Federal jurisdiction; maliciously damage or

destroy any such species on any area under Federal jurisdiction; or

remove, cut, dig up, damage, or destroy any such endangered plant

species on any other area in knowing violation of any State law or

regulation or in the course of any violation of a State criminal

trespass law. Cupressus goveniana ssp. goveniana (Gowen cypress),

proposed to be listed as threatened, would be subject to similar

prohibitions (16 U.S.C. 1538(a)(2)(E); 50 CFR 17.61, 17.71). Seeds from

cultivated specimens of threatened plant species are exempt from these

prohibitions provided that a statement of ``cultivated origin'' appears

on their containers. Certain exceptions apply to agents of the Service

and State conservation agencies.

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

maximum extent practicable at the time a species is listed those

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

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. Colonies of Piperia yadonii are known to occur on

Federal lands. The Service believes that, based upon the best available

information, the following actions will not result in a violation of

section 9, provided these activities are carried out in accordance with

existing regulations and permit requirements:

(1) Activities authorized, funded, or carried out by Federal

agencies (e.g., grazing management, agricultural conversions, wetland

and riparian habitat modification, flood and erosion control,

residential development, recreational trail development, road

construction, hazardous material containment and cleanup activities,

prescribed burns, pesticide/herbicide application, pipelines or utility

line crossing suitable habitat,) when such activity is conducted in

accordance with any reasonable and prudent measures given by the

Service according to section 7 of the Act;

(2) Casual, dispersed human activities on foot or horseback (e.g.,

bird watching, sightseeing, photography, camping, hiking).

(3) Activities on private lands that do not require Federal

authorization and do not involve Federal funding, such as grazing

management, agricultural conversions, flood and erosion control,

[[Page 43115]]

residential development, road construction, pesticide/herbicide

application, and pipeline or utility line construction across suitable

habitat.

(4) Residential landscape maintenance, including the clearing of

vegetation around one's personal residence as a fire break.

The Service believes that the following might potentially result in

a violation of section 9; however, possible violations are not limited

to these actions alone:

(1) Unauthorized collecting of the species on Federal lands;

(2) Application of herbicides violating label restrictions;

(3) Interstate or foreign commerce and import/export without

previously obtaining an appropriate permit. Permits to conduct

activities are available for purposes of scientific research and

enhancement of propagation or survival of the species.

Intentional collection, damage, or destruction on non-Federal lands

may be a violation of State law or regulations or in violation of State

criminal trespass law and therefore a violation of section 9. The Act

and 50 CFR 17.62, 17.63, and 17.72 provide for the issuance of permits

to carry out otherwise prohibited activities involving endangered or

threatened plant species 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 will

be sought. Several central coast nurseries have cultivated Cupressus

goveniana ssp. goveniana on occasion, but it apparently is not popular

enough to be kept in stock on a regular basis. The Pebble Beach Company

is actively cultivating this plant to be used in efforts to restore

disturbed habitat (G. Fryberger, in litt. 1992).

Requests for copies of the regulations regarding listed plants and

inquiries about prohibitions and permits may be addressed to the U.S.

Fish and Wildlife Service, Endangered Species Permits, 911 NE 11th

Avenue, Portland, OR 97232-4181 (telephone 503/231-6241, facsimile 503/

231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments, 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

This rule does not contain any new collections of information other

than those already approved under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq., and assigned Office of Management and Budget

clearance number 1018-0094. For additional information concerning

permits and associated requirements for endangered and threatened

species, see 50 CFR 17.32.

References Cited

A complete list of all references cited herein is available upon

request from the Ventura Fish and Wildlife Office (see ADDRESSES

section).

Authors. The primary authors of this notice are Diane Steeck and

Constance Rutherford, Ventura Fish and Wildlife 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, the Service amends part 17, subchapter B of chapter I,

title 50 of the Code of Federal Regulations, 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. Amend Sec. 17.12 (h) by adding the following, in alphabetical

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

* * * * * * *

Flowering Plants

* * * * * * *

Astragalus tener var. titi....... Coastal dunes milk- U.S.A. (CA)........ Fabaceae--Pea...... E 640 NA NA

vetch.

* * * * * * *

Cupressus goveniana ssp. Gowen cypress....... U.S.A. (CA)........ Cupressaceae--Cypre T 640 NA NA

goveniana. ss.

* * * * * * *

Piperia yadonii.................. Yadon's piperia..... U.S.A. (CA)........ Orchidaceae--Orchid E 640 NA NA

* * * * * * *

Potentilla hickmanii............. Hickman's potentilla U.S.A. (CA)........ Asteraceae--Aster.. E 640 NA NA

* * * * * * *

Trifolium trichocalyx............ Monterey clover..... U.S.A. (CA)........ Fabaceae--Pea...... E 640 NA NA

* * * * * * *

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

[[Page 43116]]

Dated: July 29, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-21564 Filed 8-11-98; 8:45 am]

BILLING CODE 4310-55-P