Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Two Tidal Marsh PlantsCirsium hydrophilum var. hydrophilum (Suisun Thistle) and Cordylanthus mollis ssp. mollis (Soft Bird's-Beak) from the San Francisco Bay Area

Part V

Department of the Interior

_______________________________________________________________________

Fish and Wildlife Service

_______________________________________________________________________

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Proposed Endangered

Status for Two Tidal Marsh Plants--the Suisun Thistle and the Soft

Bird's-Beak From the San Francisco Bay Area; Proposed Rule

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD14

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for Two Tidal Marsh Plants--Cirsium hydrophilum var.

hydrophilum (Suisun Thistle) and Cordylanthus mollis ssp. mollis (Soft

Bird's-Beak) from the San Francisco Bay Area

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

amended (Act), for two plants--Cirsium hydrophilum var. hydrophilum

(Suisun thistle) and Cordylanthus mollis ssp. mollis (soft bird's-

beak). These species are restricted to salt or brackish tidal marshes

within the San Francisco Bay area in northern California. Habitat

conversion, water pollution, changes in salinity, indirect effects of

urbanization, stochastic events, mosquito abatement activities

(including off-road vehicle use), competition with non-native

vegetation, insect predation, erosion, inadequate regulatory

mechanisms, and other human-caused actions variously imperil these two

species. This proposal, if made final, would implement the Federal

protection and recovery provisions afforded by the Act for these

plants.

DATES: Comments from all interested parties must be received by August

11, 1995. Public hearing requests must be received by July 27, 1995.

t predation, erosion, inadequate regulatory

mechanisms, and other human-caused actions variously imperil these two

species. This proposal, if made final, would implement the Federal

protection and recovery provisions afforded by the Act for these

plants.

DATES: Comments from all interested parties must be received by August

11, 1995. Public hearing requests must be received by July 27, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Sacramento Field Office, U.S. Fish and

Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento, California

95825-1846. Comments and materials received, as well as the supporting

documentation used in preparing the rule, will be available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT: Kirsten Tarp, Sacramento Field Office

(see ADDRESSES section) (telephone 916/978-5801; facsimile 916/978-

5056).

SUPPLEMENTARY INFORMATION:

Background

Cirsium hydrophilum var. hydrophilum (Suisun thistle) and

Cordylanthus mollis ssp. mollis (soft bird's-beak) occur in either salt

water or brackish tidal marshes fringing San Pablo and Suisun Bays in

the San Francisco Bay area of northern California. Since 1850, this

habitat has been drastically curtailed. Approximately 15 percent,

12,142 hectares (ha) (30,002 acres), of the historical tidal marshland

habitat within the San Francisco Bay area remains (Dedrick 1989).

With the exception of the San Francisco Bay area, the mountainous

coast of California and the narrow continental shelf provide few areas

that are suitable for tidal marsh development (MacDonald 1990). Coastal

salt marshes are found along sheltered margins of shallow bays,

estuaries, or lagoons, in low lying areas that are subject to periodic

inundation by salt water. Brackish marshes occur at the interior

margins of coastal bays, estuaries, or lagoons where fresh water

sources (streams and rivers) enter salt marshes

few areas

that are suitable for tidal marsh development (MacDonald 1990). Coastal

salt marshes are found along sheltered margins of shallow bays,

estuaries, or lagoons, in low lying areas that are subject to periodic

inundation by salt water. Brackish marshes occur at the interior

margins of coastal bays, estuaries, or lagoons where fresh water

sources (streams and rivers) enter salt marshes. Brackish marshes are

similar to salt marshes but differ in the degree of water and soil

salinities. Brackish marshes are less saline than salt marshes.

Salinity levels vary with time and space, depending on the height of

the tides or on the amount of freshwater inflow. Vegetation communities

in salt and brackish marshes often occur in distinct zones, depending

on the frequency and length of tidal flooding. Both proposed plants are

restricted to a narrow tidal band, typically in higher elevational

zones within larger tidal marshes that have fully developed tidal

channel networks. They usually do not occur in smaller fringe tidal

marshes that are generally less than 100 meters (m) (300 feet (ft)) in

width, or in nontidal areas.

Discussion of the Two Species Proposed for Listing

Asa Gray (1888) originally described Cirsium hydrophilum var.

hydrophilum as Cnicus breweri var. vaseyi. Subsequent authors treated

the taxon as Carduus hydrophilus (Greene 1892), Cirsium hydrophilum

(Jepson 1901), and Cirsium vaseyi var. hydrophilum (Jepson 1925). John

Thomas Howell (1959) concluded that Jepson's Cirsium hydrophilum and

Cirsium vaseyi of the Mt. Tamalpais area in Marin County, California

are varieties of a single species, Cirsium hydrophilum. According to

the rules for botanical nomenclature, when a new variety is described

in a species not previously divided into infraspecific taxa, an autonym

(automatically created name) is designated. In this case, the autonym

is Cirsium hydrophilum var. hydrophilum.

Cirsium hydrophilum var. hydrophilum is a perennial herb in the

aster family (Asteraceae)

a single species, Cirsium hydrophilum. According to

the rules for botanical nomenclature, when a new variety is described

in a species not previously divided into infraspecific taxa, an autonym

(automatically created name) is designated. In this case, the autonym

is Cirsium hydrophilum var. hydrophilum.

Cirsium hydrophilum var. hydrophilum is a perennial herb in the

aster family (Asteraceae). Slender, erect stems 1.0 to 1.5 m (3.0 to

4.5 ft) tall are well branched above. The spiny leaves are deeply

lobed. The lower leaves have ear-like basal lobes; the upper leaves are

reduced to narrow strips with strongly spine-toothed margins. Pale

lavender-rose flower heads, 2.0 to 2.5 centimeters (cm) (1 inch (in.))

long, occur singly or in loose groups. The bracts of the flower heads

have a distinct green, glutinous ridge on the back that distinguishes

C. hydrophilum var. hydrophilum from other Cirsium species in the area.

Cirsium hydrophilum var. hydrophilum flowers between July and

September. Cirsium hydrophilum var. hydrophilum is restricted to Suisun

Marsh in Solano County. In 1975, the plant was reported as possibly

extinct because it had not been collected for about 15 years. Extensive

surveys, however, relocated the thistle at two locations within Suisun

Marsh (Brenda Grewell, California Department of Water Resources (CDWR),

pers. comm. 1993). Collectively, the occurrences of C. hydrophilum var.

hydrophilum total a few thousand individuals (Brenda Grewell, pers.

comm. 1993). Cirsium hydrophilum var. hydrophilum grows in the upper

reaches of tidal marshes associated with Typha angustifolia, Scirpus

americanus, Juncus balticus, and Distichlis spicata. One occurrence is

on California Department of Fish and Game (CDFG) lands and a second

occurrence is on Solano County Farmland and Open Space Foundation

lands. No active management is occurring at either location (Neil

Havlik, Solano County Farmland and Open Space Foundation, pers. comm.

1993; Ann Howald, CDFG, pers. comm. 1993)

ia, Scirpus

americanus, Juncus balticus, and Distichlis spicata. One occurrence is

on California Department of Fish and Game (CDFG) lands and a second

occurrence is on Solano County Farmland and Open Space Foundation

lands. No active management is occurring at either location (Neil

Havlik, Solano County Farmland and Open Space Foundation, pers. comm.

1993; Ann Howald, CDFG, pers. comm. 1993). Its highly restricted

distribution increases its susceptibility to catastrophic events such

as disease or pest outbreak, severe drought, oil spills, or other

natural or human caused disasters. Habitat conversion, habitat

fragmentation, indirect effects from urban development, increased

salinity, projects that alter natural tidal regime, mosquito abatement

activities, competition with non-native plants, and inadequate

regulatory mechanisms also threaten this taxon.

Charles Wright collected the type specimen of Cordylanthus mollis

ssp. mollis in November 1855, on Mare Island in San Francisco Bay. Asa

Gray (1868) published the original description, using the name C.

mollis. Later botanists treated the taxon as Adenostegia mollis (Greene

1891) and Chloropyron molle (Heller 1907). Tsan- Iang

Chuang and Larry Heckard (1973) treated C. mollis and C. hispidus as

subspecies of a single species (C. mollis) with Cordylanthus mollis

ssp. mollis recognized as the autonym.

Cordylanthus mollis ssp. mollis is an annual herb of the snapdragon

family (Scrophulariaceae) that grows 25 to 40 cm (10 to 16 in.) tall.

It is sparingly branched from the middle and above. Cirsium mollis ssp.

mollis is a hemiparasite that extracts water and nutrients by attaching

enlarged root structures to the roots of other plants (Chuang and

Heckard 1971). The foliage is grayish-green (often tinged a deep red)

and hairy. The oblong to lance-shaped leaves are 1.0 to 2.5 cm (0.4 to

1.0 in.) long, the lower leaves entire and the upper with one to three

pairs of leaf lobes

ove. Cirsium mollis ssp.

mollis is a hemiparasite that extracts water and nutrients by attaching

enlarged root structures to the roots of other plants (Chuang and

Heckard 1971). The foliage is grayish-green (often tinged a deep red)

and hairy. The oblong to lance-shaped leaves are 1.0 to 2.5 cm (0.4 to

1.0 in.) long, the lower leaves entire and the upper with one to three

pairs of leaf lobes. The inflorescence consists of spikes 5 to 15 cm (2

to 6 in.) long. A floral bract with two to three pairs of lobes occurs

immediately below each inconspicuous white or yellowish-white flower.

The flowers have only two functional stamens. The narrowly ovoid seed

capsule is 6 to 10 millimeters (mm) (0.2 to 0.4 in.) long and bears 20

to 30 dark brown seeds. Cordylanthus mollis ssp. mollis flowers between

July and September. Cordylanthus mollis ssp. mollis is distinguished

from another Cordylanthus found nearby (C. maritimus ssp. palustris) by

its two functional stamens (C. maritimus ssp. palustris has four) and

by its bracts with two to three pairs of lateral lobes (C. maritimus

ssp. palustris has a pair of short teeth on the floral bracts).

Cordylanthus mollis ssp. mollis is found predominantly in the upper

reaches of salt grass-pickleweed marshes at or near the limits of tidal

action (Stromberg 1986). It is associated with Salicornia virginica,

Distichlis spicata, Jaumea carnosa, Frankenia salina, and Triglochin

maritima (Stromberg 1986). Of 18 reported occurrences of C. mollis ssp.

mollis, 2 have been extirpated; 6 have been surveyed for and not

relocated and possibly have been extirpated; and 10 are presumed extant

(California Natural Diversity Data Base (CNDDB) 1994; Jake Ruygt,

California Native Plant Society (CNPS), in litt. 1993). The type

locality at Mare Island for C. mollis ssp. mollis was destroyed by

development and is now a dredge disposal site (CNDDB 1994)

mollis, 2 have been extirpated; 6 have been surveyed for and not

relocated and possibly have been extirpated; and 10 are presumed extant

(California Natural Diversity Data Base (CNDDB) 1994; Jake Ruygt,

California Native Plant Society (CNPS), in litt. 1993). The type

locality at Mare Island for C. mollis ssp. mollis was destroyed by

development and is now a dredge disposal site (CNDDB 1994). A second

occurrence, last seen in 1981 near Martinez in Contra Costa and Solano

Counties, was dredged, filled, diked, and is now a marina (Stromberg

1986, CNDDB 1994). Limited suitable habitat remains for two

occurrences, which have not been relocated, in Napa, Sonoma, and Solano

Counties (Stromberg 1986, CNDDB 1994). Although suitable habitat exists

for three historical occurrences in Marin, Solano, and Sonoma Counties,

the occurrences have not been relocated after repeated surveys

(Stromberg 1986, CNDDB 1994). A fourth occurrence reported from

Sacramento County in 1972 has not been relocated (Jake Ruygt, in litt.

1993).

The remaining ten disjunct occurrences are widely scattered

throughout coastal salt or brackish tidal marshes fringing San Pablo

and Suisun Bays, in Contra Costa, Napa, and Solano Counties (CNDDB

1994; Brenda Grewell, in litt. 1993). The entire distribution of

Cordylanthus mollis ssp. mollis currently is restricted to about 8 ha

(20 acres) of habitat (Jake Ruygt, in litt. 1993). The total number of

individuals reported among populations varies from 1 at the smallest

site to 141,000 plants at the largest site. Most sites have between

1,000 and 6,000 individuals (Jake Ruygt, in litt. 1993; CNDDB 1994).

Individual populations fluctuate in size from year to year, as is

typical of annual plants. Cordylanthus mollis ssp. mollis occurs

primarily on private or non-Federal land; one occurrence is found on

Department of Defense (U.S. Navy) land

1 at the smallest

site to 141,000 plants at the largest site. Most sites have between

1,000 and 6,000 individuals (Jake Ruygt, in litt. 1993; CNDDB 1994).

Individual populations fluctuate in size from year to year, as is

typical of annual plants. Cordylanthus mollis ssp. mollis occurs

primarily on private or non-Federal land; one occurrence is found on

Department of Defense (U.S. Navy) land. Habitat conversion, water

pollution, increases in salinity of tidal marshes due to upstream

withdrawals of fresh water, habitat fragmentation, indirect effects of

urbanization, competition with non-native vegetation, insect predation,

projects that alter natural tidal regime, mosquito abatement activities

(including off-road vehicle use), inadequate regulatory mechanisms,

erosion, and stochastic events variously threaten the remaining

occurrences of C. mollis ssp. mollis.

Previous Federal Action

Federal government actions on the two plants began as a result of

section 12 of the Endangered Species Act of 1973, as amended (16 U.S.C.

1531 et seq.), 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. This report,

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

January 9, 1975, and listed Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis as possibly extinct. The Service

published a notice on July 1, 1975 (40 FR 27823), of its acceptance of

the report of the Smithsonian Institution as a petition within the

context of section 4(c)(2) (petition provisions now are found in

section 4(b)(3) of the Act) and its intention thereby to review the

status of the plant taxa named therein. The above two taxa were

included in the July 1, 1975, notice. On June 16, 1976, the Service

published a proposal (41 FR 24523) to determine approximately 1,700

vascular plant species to be endangered species pursuant to section 4

of the Act

4(c)(2) (petition provisions now are found in

section 4(b)(3) of the Act) and its intention thereby to review the

status of the plant taxa named therein. The above two taxa were

included in the July 1, 1975, notice. On June 16, 1976, the Service

published a proposal (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 publication. Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis 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, notice (43 FR 17909). The Endangered

Species Act Amendments of 1978 required that all proposals over 2 years

old be withdrawn. A 1-year grace period was given to those proposals

already more than 2 years old. In a December 10, 1979, notice (44 FR

70796), the Service withdrew the June 16, 1976, proposal, 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). The two taxa were listed as category 1

candidates for Federal listing in this document. Category 1 taxa are

those that the Service has on file substantial information on

biological vulnerability and threats to support preparation of listing

proposals. On November 28, 1983, the Service published a supplement to

the Notice of Review (48 FR 53640); there were no changes to these taxa

in this supplement.

The plant notice was revised again on September 27, 1985 (50 FR

39526), February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR

51144). In these three notices Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis were included as category 1 candidate

species

d a supplement to

the Notice of Review (48 FR 53640); there were no changes to these taxa

in this supplement.

The plant notice was revised again on September 27, 1985 (50 FR

39526), February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR

51144). In these three notices Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis were included as category 1 candidate

species.

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

certain findings on 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 Cirsium hydrophilum var.

hydrophilum and Cordylanthus mollis ssp. mollis, because the 1975

Smithsonian report had been accepted as a petition. On October 13,

1982, 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). The finding was reviewed annually in October of 1983

through 1994, pursuant to section 4(b)(3)(C)(i) of the Act. Publication

of this proposal constitutes the final finding for the petitioned

action.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (Act) 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 of

endangered and threatened species. A species may be determined to be

endangered or threatened due to one or more of the five factors

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

Cirsium hydrophilum (Greene) Jepson var. hydrophilum (Suisun thistle)

and Cordylanthus mollis Gray ssp. mollis (soft bird's-beak) are as

follows:

res for adding species to the Federal lists of

endangered and threatened species. A species may be determined to be

endangered or threatened due to one or more of the five factors

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

Cirsium hydrophilum (Greene) Jepson var. hydrophilum (Suisun thistle)

and Cordylanthus mollis Gray ssp. mollis (soft bird's-beak) are as

follows:

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

of Their Habitat or Range

Habitat for Cirsium hydrophilum var. hydrophilum and Cordylanthus

mollis ssp. mollis has been severely curtailed by past human

activities. Hydraulic mining, diking and filling involved in

agricultural land conversion and urbanization, waste disposal, port and

industrial development, railroad construction, dredging, salt

production, and sedimentation have drastically reduced the amount of

tidal marsh in California (Atwater 1979, MacDonald 1990, Association of

Bay Area Governments (ABAG) 1991). Changes in freshwater inflow,

pollution, habitat conversion, habitat fragmentation, and alteration of

the natural tidal regime continue to threaten the habitat of both

species.

In San Pablo Bay, historical tidal wetlands have been diked and

converted to agricultural lands that were farmed for oat hay. In

addition, approximately 4,050 ha (10,000 acres) also were converted to

salt ponds. In Suisun Bay, most of the 28,780 ha (71,100 acres) of

tidal marshes that existed in 1850 were converted originally to

agricultural land, and then to diked seasonal wetlands used for

waterfowl management. Only 3,780 ha (9,340 acres) within Suisun Marsh

remain as tidal marsh (Dedrick 1989). Most of the remaining tidal

marshes are backed by steep levees, allowing for little or no

transitional wetland habitat--the habitat required by Cirsium

hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis.

The change of freshwater inflow has modified the habitat for these

two taxa

wl management. Only 3,780 ha (9,340 acres) within Suisun Marsh

remain as tidal marsh (Dedrick 1989). Most of the remaining tidal

marshes are backed by steep levees, allowing for little or no

transitional wetland habitat--the habitat required by Cirsium

hydrophilum var. hydrophilum and Cordylanthus mollis ssp. mollis.

The change of freshwater inflow has modified the habitat for these

two taxa. Agricultural and municipal uses have diverted over 50 percent

of the historical annual inflow of freshwater from the Suisun Marsh and

Delta (ABAG 1991). During the past 40 years, significant portions of

the tidally-influenced brackish marsh within Suisun Bay have become

more saline due to decreased freshwater flows (Pavlik 1992). Increased

salt levels within the Suisun Marsh may threaten Cordylanthus mollis

ssp. mollis and Cirsium hydrophilum var. hydrophilum. Salt stress

causes decreased plant growth and lower reproduction. When salinity

levels remain high during extended drought conditions, population

viability may be greatly impaired to the extent they lose their ability

to maintain themselves as components of a healthy wetlands ecosystem

(Pavlik 1992). When salinity increases in the root zone, salt stress

reduces plant abundance and causes shifts in plant distribution. This

has occurred even in common salt-tolerant plants (Pavlik 1992).

Cordylanthus mollis ssp. mollis and C. hydrophilum var. hydrophilum may

be especially vulnerable to increased salt levels due to the limited

number of individuals and their restricted distribution.

The two plant species also face threats from habitat fragmentation

associated with commercial and residential development, road

construction, and effects of historical fragmentation by activities

associated with clearing for agriculture, railroad construction,

dredging, and conversion to salt ponds. These activities have split

habitat into smaller, more isolated units

estricted distribution.

The two plant species also face threats from habitat fragmentation

associated with commercial and residential development, road

construction, and effects of historical fragmentation by activities

associated with clearing for agriculture, railroad construction,

dredging, and conversion to salt ponds. These activities have split

habitat into smaller, more isolated units. Habitat fragmentation may

alter the physical environment, changing the amount of incoming solar

radiation, water, wind, or nutrients for the remnant vegetation

(Saunders et al. 1991). In addition, a higher proportion of the area of

these fragmented natural areas is subject to the influences from

external factors (e.g., additional development, off-road vehicular use,

competition with non-native vegetation, human intrusion, and numerous

other human influences) that disrupt natural ecosystem processes.

Further effects of habitat fragmentation on the two plant species are

discussed in Factor E.

Projects that convert habitat from tidal marsh to diked seasonal

wetlands potentially threaten both Cirsium hydrophilum var. hydrophilum

and Cordylanthus mollis ssp. mollis. Within Suisun Marsh, the

conversion of tidal marsh to diked seasonal wetlands, a practice common

in the development of waterfowl managements areas, is a potential

threat for both species (Randall Brown, in litt. 1993). The planned

conversion of 40 ha (100 acres) of salt grass (Distichlis spicata), an

associated species for both C. hydrophilum var. hydrophilum and C.

mollis ssp. mollis, in Hill Slough as enhancement of habitat for

wildlife (California Department of Water Resources (CDWR) 1984) will

further diminish the amount of suitable habitat for these two plant

species.

Habitat conversion for planned future urbanization threatens both

species. In ABAG's analysis of the San Francisco Bay Estuary, over

4,856 ha (12,000 acres) of wetlands in the Bay will be subject to

moderate to high development uses over the next 12 years (ABAG 1991)

a Department of Water Resources (CDWR) 1984) will

further diminish the amount of suitable habitat for these two plant

species.

Habitat conversion for planned future urbanization threatens both

species. In ABAG's analysis of the San Francisco Bay Estuary, over

4,856 ha (12,000 acres) of wetlands in the Bay will be subject to

moderate to high development uses over the next 12 years (ABAG 1991).

Highway expansion projects within the San Francisco Bay Estuary during

the next 20 years are expected to fill 146 wetland ha (362 acres) (ABAG

1991). Some of the expansion projects will threaten Cordylanthus mollis

ssp. mollis by eliminating additional habitat. Widening of California

Highway 37 will threaten wetlands that occur along the Napa River (ABAG

1991) and may adversely affect habitat for C. mollis ssp. mollis.

Proposed widening of Highway 12 near the Suisun Marsh would threaten

the habitat of both plants (Brenda Grewell, pers. comm. 1993), either

due to habitat fragmentation as discussed above or by runoff.

Projects that alter the natural tidal regime also threaten both

taxa. The Western Suisun Marsh Salinity Control Project (CDWR and U.S.

Bureau of Reclamation (USBR) 1991, CDWR and USBR 1993) is proposed to

lower channel salinity in the western portion of Suisun Marsh to comply

with water quality standards specified by the State Water Resources

Control Board's Water Right Decision 1485. Project alternatives

initially proposed for this project include the Cutoff Slough Water

Delivery System, Cordelia-Goodyear Ditch, and the Boynton-Cordelia

Ditch. The proposed Cutoff Slough Water Delivery System includes tide

gates that would threaten tidal marsh by subjecting it to higher water

elevations and converting the area to a natural water storage reservoir

(Randall Brown, CDWR, in litt. 1993). Although this proposed

alternative initially has been eliminated, this project is still in the

proposed stage and has not been finalized.

elia

Ditch. The proposed Cutoff Slough Water Delivery System includes tide

gates that would threaten tidal marsh by subjecting it to higher water

elevations and converting the area to a natural water storage reservoir

(Randall Brown, CDWR, in litt. 1993). Although this proposed

alternative initially has been eliminated, this project is still in the

proposed stage and has not been finalized.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization currently is not known to be a factor for these two

plants. Increased collecting for scientific or horticultural purposes

or excessive visits by individuals interested in seeing rare plants

could result, however, from increased publicity resulting from

publication of this proposal.

C. Disease or Predation

The health of one of the largest occurrences of Cordylanthus mollis

ssp. mollis is declining due to insect predation (Brenda Grewell, pers.

comm. 1993). Intense insect seed predation has been observed in the

population at Joice Island and Hill Slough within Suisun Marsh in

Solano County (Randall Brown, in litt. 1993). Neither disease nor

predation is known to be a factor for Cirsium hydrophilum var.

hydrophilum.

D. The Inadequacy of Existing Regulatory Mechanisms

Section 404 of the Clean Water Act represents the primary Federal

law that affords some protection for these two plants. Under section

404 of the Clean Water Act, nationwide permits may be issued for

certain activities that are considered to have minimal impacts,

including oil spill cleanup, minor dredging, maintenance dredging of

existing basins, and minor bank stabilization. Activities that do not

qualify for authorization under a nationwide permit, including projects

that would result in more than minimal adverse environmental effects,

either individually or cumulatively, may be authorized by an individual

or regional general permit, which are subject to more extensive review

minor dredging, maintenance dredging of

existing basins, and minor bank stabilization. Activities that do not

qualify for authorization under a nationwide permit, including projects

that would result in more than minimal adverse environmental effects,

either individually or cumulatively, may be authorized by an individual

or regional general permit, which are subject to more extensive review.

Regardless of the type of permit deemed necessary under section 404,

candidate species may receive no special consideration.

The Army Corps of Engineers (Corps) is the Federal agency

responsible for administering the section 404 program. The Service, as

part of the section 404 review process, provides comments on both pre-

discharge notices for nationwide permits and public notices for

individual permits. The Service's comments are only advisory, although

procedures exist for elevation when disagreements between the agencies

arise. In practice, the Corps' actions under section 404 are

insufficient to protect these candidate plants.

CDFG has listed Cordylanthus mollis ssp. mollis as rare under the

California Endangered Species Act (chapter 1.5 sec. 2050 et seq. of the

California Fish and Game Code and title 14, California Code of

Regulations 670.2). Listing by the State of California requires

individuals to obtain a memorandum of understanding with the CDFG to

possess or ``take'' a listed species. Although the ``take'' of State-

listed plants is prohibited (California Native Plant Protection Act,

chapter 10 sec. 1908 and California Endangered Species Act, chapter 1.5

sec. 2080), State law exempts the taking of such plants via habitat

modification or land use changes by the owner. After CDFG notifies a

landowner that a State-listed plant grows on his or her property, State

law requires only that the land owner notify the agency ``at least 10

days in advance of changing the land use to allow salvage of such a

plant'' (Native Plant Protection Act, chapter 10 sec. 1913)

fer against development. In 1982, the

Preservation Act was amended to exclude, in the primary management

area, land proposed for the Lawlor Ranch development. Exclusion of this

land has reduced the buffer between urbanization and Suisun Marsh. The

indirect effects of urbanization are discussed further in Factors A and

E.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

Both occurrences of Cirsium hydrophilum var. hydrophilum are

adversely affected by non-native plants. Lepidium latifolium (perennial

peppergrass), a rated noxious weed (California Department of Food and

Agriculture 1993), has ``moved in especially in the last 5 years''

(Brenda Grewell, pers. comm. 1993). Cirsium hydrophilum var.

hydrophilum is out-competed by L. latifolium. Hybridization with C.

vulgare (bull thistle), a non-native, also is a potential threat.

Cirsium vulgare hybridizes readily with other Cirsium. Hybridization

with C. vulgare was suggested as a possible explanation for the

previously presumed extinction of C. hydrophilum var. hydrophilum

(Smith and Berg 1988).

Chronic pollution from petroleum products is an ongoing threat to

the habitat of both plants within San Pablo Bay and southern Suisun

Bay. Oil spills can result in severe and long lasting destruction of

salt marsh vegetation. Studies on mangroves, seagrasses, salt marsh

grasses, and algae have shown that petroleum causes death, reduced

growth, and impaired reproduction in large plants (Albers 1992). The

effects of a petroleum spill to plants depends on several factors

including the time of year, the type of petroleum product (crude or

refined), and the degree of coverage (Hershner and Moore 1977; Rob

Ricker, CDFG, pers. comm. 1993). A plant entirely covered by oil will

die. Oil that seeps into sediments can affect the roots or rhizomes of

plants as well

on in large plants (Albers 1992). The

effects of a petroleum spill to plants depends on several factors

including the time of year, the type of petroleum product (crude or

refined), and the degree of coverage (Hershner and Moore 1977; Rob

Ricker, CDFG, pers. comm. 1993). A plant entirely covered by oil will

die. Oil that seeps into sediments can affect the roots or rhizomes of

plants as well. Oil spills may also affect plants by decreasing the

amount of plant biomass (either above or below ground), or by

decreasing the reproductive capacity of the plant (Rob Ricker, pers.

comm. 1993).

Four hundred to 800 oil spills occur annually within California

(Rob Ricker, pers. comm. 1993). Within northern California, 309

reported spills affecting marine or estuarine habitats within the

jurisdiction of the Service's Sacramento Field Office occurred between

March 1992 and March 1993 (Office of Environmental Services (OES) 1992

and 1993). Most of these spills occurred in the San Francisco Bay

Estuary.

In 1988, an oil spill in Martinez, California, flowed as far as

Suisun Bay. Although these plants are found within the northern part of

the Suisun Marsh and may not be threatened directly by an oil spill in

San Francisco Bay, the potential for oil spills exists from vessels

operating within the marsh, as well as from an accidental spill from

railroads that bisect the marsh. Oil spills also are an ever present

threat to Cordylanthus mollis ssp. mollis occurring near Point Pinole

(Pat O'Brien, General Manager, East Bay Regional Parks District, in

litt. 1994).

Chronic pollution from other sources also may threaten the habitat

of both plants. It is unknown, however, what effects heavy metals in

industrial discharges have on these two taxa. In 1978, 52 municipal

treatment facilities and 42 industrial facilities continuously

discharged wastewater into San Francisco Bay (Western Ecological

Services Company (WESCO) 1986). By 1982, over 200

permits for industrial discharges had been granted (WESCO 1986)

en the habitat

of both plants. It is unknown, however, what effects heavy metals in

industrial discharges have on these two taxa. In 1978, 52 municipal

treatment facilities and 42 industrial facilities continuously

discharged wastewater into San Francisco Bay (Western Ecological

Services Company (WESCO) 1986). By 1982, over 200

permits for industrial discharges had been granted (WESCO 1986).

The amounts of heavy metals in the San Francisco Bay Estuary are

projected to increase during the next 10 years. The San Francisco Bay

Conservation and Development Commission, Center for Environmental

Design Research, and the Greenbelt Alliance (1992) collectively

modelled plausible land use changes and their impact to the health of

the San Francisco Bay Estuary. Several methods were used to determine

the effects of land use change including two future land use models.

The model projecting the highest increase in heavy metal was based on a

composite of the general plan maps for all of the counties in the

estuary. Amounts of heavy metals including lead, nickel, and cadmium

were projected to increase under both future land use models in all the

watersheds that include habitat for these two plants.

As discussed in Factor A, habitat fragmentation may alter the

physical environment. In addition, habitat fragmentation increases the

risks of extinction due to chance events such as pest or disease

outbreaks, reproductive failure, or other natural or human-caused

disasters. The small, isolated nature of Cirsium hydrophilum var.

hydrophilum, which has only two occurrences, makes extinction from

stochastic (random) events more likely. Chance events, such as disease

outbreak, oil spills, extended drought, or a combination of several

such events, could destroy part of a single population or entire

populations. The risk of extirpation due to genetic and demographic

problems associated with small populations is a threat to at least the

two occurrences of Cordylanthus mollis ssp

ion from

stochastic (random) events more likely. Chance events, such as disease

outbreak, oil spills, extended drought, or a combination of several

such events, could destroy part of a single population or entire

populations. The risk of extirpation due to genetic and demographic

problems associated with small populations is a threat to at least the

two occurrences of Cordylanthus mollis ssp. mollis that have fewer than

25 individuals.

Increases in foot traffic and mosquito abatement also will result

from increased urbanization (Brenda Grewell, pers. comm. 1993).

Mosquito abatement activities threaten Cirsium hydrophilum var.

hydrophilum and Cordylanthus mollis ssp. mollis. Within Suisun Marsh,

both species grow along or near either first order channels or mosquito

abatement drainage ditches. Cleaning or dredging along these channels

may adversely impact individual plants due to their proximity to the

mosquito abatement drainage ditches. Vehicular damage to plant

populations parallel to these channels has been noted (Randall Brown,

in litt. 1993).

Foot traffic is a threat to Cordylanthus mollis ssp. mollis. A

trail runs through the occurrence located on East Bay Regional Park's

Point Pinole Regional Seashore. Foot traffic also is a potential threat

to the largest occurrence of C. mollis ssp. mollis due to the increased

urbanization occurring within \1/4\ mile. Although foot traffic may

create opportunities for C. mollis ssp. mollis to become established by

reducing competition from Salicornia, this disturbance cannot be

considered beneficial because C. mollis ssp. mollis plants have shallow

roots, are very brittle, and can be easily damaged (Stromberg 1986).

Erosion is a threat to Cordylanthus mollis ssp. mollis located on

the Point Pinole Regional Seashore. The main population of C. mollis

ssp. mollis is immediately adjacent to a slough that is undergoing bank

slumping (Stromberg 1986). Individual plants are threatened by the

slumping and subsequent undercutting of the bank

ow

roots, are very brittle, and can be easily damaged (Stromberg 1986).

Erosion is a threat to Cordylanthus mollis ssp. mollis located on

the Point Pinole Regional Seashore. The main population of C. mollis

ssp. mollis is immediately adjacent to a slough that is undergoing bank

slumping (Stromberg 1986). Individual plants are threatened by the

slumping and subsequent undercutting of the bank.

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 propose this

rule. Cirsium hydrophilum var. hydrophilum, limited to only two

occurrences, is threatened variously by indirect effects of

urbanization, vulnerability to extinction due to chance environmental

events including oil spills, competition with non-native vegetation,

projects that alter natural tidal regime, stochastic events, and

inadequate regulatory mechanisms across all of its current range.

Urbanization, industrial development, and agricultural land conversion

have extirpated or potentially extirpated nearly 45 percent of known

occurrences of Cordylanthus mollis ssp. mollis. The species currently

is restricted to about 8 ha (20 acres) of habitat. Indirect effects of

urbanization including habitat fragmentation, habitat conversion,

alteration in water and salinity levels, inadequate regulatory

mechanisms, mosquito abatement activities (including off-highway

vehicle use), water pollution, insect predation, projects that alter

natural tidal regimes, erosion, foot traffic, and extirpation due to

genetic and demographic problems variously continue to threaten most

occurrences of C. mollis ssp. mollis across its remaining range.

Because C. hydrophilum var. hydrophilum and C. mollis ssp. mollis are

in danger of extinction throughout all or a significant part of their

respective ranges, they fit the definition of endangered species in the

Act. The preferred action, therefore, is to list Cirsium hydrophilum

var

problems variously continue to threaten most

occurrences of C. mollis ssp. mollis across its remaining range.

Because C. hydrophilum var. hydrophilum and C. mollis ssp. mollis are

in danger of extinction throughout all or a significant part of their

respective ranges, they fit the definition of endangered species in the

Act. The preferred action, therefore, is to list Cirsium hydrophilum

var. hydrophilum and Cordylanthus mollis ssp. mollis as endangered.

Other alternatives to this action were considered but not preferred

because not listing them at all or listing them as threatened would not

provide adequate protection and would not be in keeping with the Act.

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

determination that such areas are essential for the conservation of the

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

needed to bring the species to the point at which listing under the Act

is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

the species is listed. The Service finds that designation of critical

habitat is not prudent for Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis at this time

necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

the species is listed. The Service finds that designation of critical

habitat is not prudent for Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis at this time. Service regulations (50

CFR 424.12(a)(1)) state that designation of critical habitat is not

prudent when one or both of the following situations exist--(1) The

species is threatened by taking or other human activity, and

identification of critical habitat can be expected to increase the

degree of threat to the species, or (2) such designation of critical

habitat would not be beneficial to the species.

The listing of these species under the Act publicizes the rarity of

these plants and, thus, can make these plants attractive to researchers

or collectors of rare plants. Incidents of collection or vandalism

could contribute to the decline of the species.

Critical habitat designation for Cirsium hydrophilum var.

hydrophilum and Cordylanthus mollis ssp. mollis is not prudent due to

lack of benefit. Most populations of the two taxa occur on private or

State lands. Because both plant species occur at very few locations,

any activity that would adversely modify critical habitat would likely

jeopardize the continued existence of the species as well. The

designation of critical habitat on private or State lands affords no

additional benefit for these species over that provided

as a result of listing.

Protection of the habitat of these species will be addressed

through the section 4 recovery process and the section 7 consultation

process. The Service believes that Federal involvement in the areas

where these plants occur can be identified without the designation of

critical habitat

e or State lands affords no

additional benefit for these species over that provided

as a result of listing.

Protection of the habitat of these species will be addressed

through the section 4 recovery process and the section 7 consultation

process. The Service believes that Federal involvement in the areas

where these plants occur can be identified without the designation of

critical habitat. For the reasons discussed above, the Service finds

that the designation of critical habitat for these plants is not

prudent.

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 State and requires that recovery plans be

developed all listed species. The protection required of Federal

agencies and the prohibitions against certain activities involving

listed plants are discussed, in part, below.

Section 7(a) of the Act 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 proposed species or result in destruction or adverse

modification of proposed critical habitat

al 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 proposed species or result in destruction or adverse

modification of proposed critical habitat. If a species is listed

subsequently, section 7(a)(2) of the Act requires Federal agencies to

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

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

destroy or adversely modify its critical habitat. If a Federal action

may affect a listed species or its critical habitat, the responsible

Federal agency must enter into consultation with the Service.

One occurrence of Cordylanthus mollis ssp. mollis occurs on land

that is managed by the U.S. Navy. The USBR and the Corps would become

involved with these plants through their funding of projects that may

directly impact the plants' habitat or support development of areas

that contain suitable salt or brackish marshes. The Corps also would be

involved as an authorizing agency for permits to dredge or fill

wetlands and navigable waters of the United States. The Corps regulates

dredging and filling of jurisdictional wetlands and navigable waters,

including salt water marshes, under section 404 of the Clean Water Act.

By regulation, nationwide permits may not be issued where a federally

listed endangered or threatened species may be affected by the proposed

project without first completing consultation pursuant to section 7 of

the Act. The presence of a listed species would highlight the national

importance of these resources. Highway construction and maintenance

projects that receive funding from the Department of Transportation

(Federal Highway Administration) also would be subject to review under

section 7 of the Act.

Listing Cirsium hydrophilum var

without first completing consultation pursuant to section 7 of

the Act. The presence of a listed species would highlight the national

importance of these resources. Highway construction and maintenance

projects that receive funding from the Department of Transportation

(Federal Highway Administration) also would be subject to review under

section 7 of the Act.

Listing Cirsium hydrophilum var. hydrophilum and Cordylanthus

mollis ssp. mollis as endangered would provide for development of a

recovery plan (or plans) for them. Such plan(s) would bring together

both State and Federal efforts for conservation of the plants. The

recovery plan(s) would establish a framework for agencies to coordinate

activities and cooperate with each other in conservation efforts. The

plan(s) would set recovery priorities and estimate costs of various

tasks necessary to accomplish them. It also would describe site-

specific management actions necessary to achieve conservation and

survival of the two species. Additionally, pursuant to section 6 of the

Act, the Service could grant funds to affected States for management

actions promoting the protection and recovery of these species.

It is the policy of the Service, published in the Federal Register

on July 1, 1994 (59 FR 34272), to identify to the maximum extent

practicable at the time a species is listed those activities that would

or would not constitute a violation of section 9 of the Act. The intent

of this policy is to increase public awareness of the effect of the

listing on proposed and ongoing activities within a species' range.

Most occurrences of both plants are either on private or non-Federal

lands. One population of Cordylanthus mollis ssp. mollis occurs on land

managed by the Department of Defense (U.S. Navy). Collection, damage or

destruction of this species on public lands is prohibited, although in

appropriate cases a Federal endangered species permit may be issued to

allow collection

thin a species' range.

Most occurrences of both plants are either on private or non-Federal

lands. One population of Cordylanthus mollis ssp. mollis occurs on land

managed by the Department of Defense (U.S. Navy). Collection, damage or

destruction of this species on public lands is prohibited, although in

appropriate cases a Federal endangered species permit may be issued to

allow collection. Removal, cutting, digging up, damaging or destroying

endangered plants on non-Federal lands would constitute a violation of

section 9 if conducted in knowing violation of State law or regulations

or in violation of State criminal trespass law. The Service is not

aware of any otherwise lawful activities being conducted or proposed by

the public that will be affected by this listing and result in a

violation of section 9.

The Act and its implementing regulations found at 50 CFR parts

17.61, 17.62, and 17.63 for endangered plant species set forth a series

of general prohibitions and exceptions that apply to all endangered or

threatened plants. With respect to the two plants from the San

Francisco Bay area, all prohibitions of section 9(a)(2) of the Act,

implemented by 50 CFR 17.61, would apply. Activities that would violate

section 9 of the Act include the import, export, delivery, receipt,

carrying, transporting, or shipping such species in interstate or

foreign commerce in the course of a commercial activity; the sale or

offer for sale of such species in interstate or foreign commerce;

removal and reduction to possession of federally listed plant species

from areas under Federal jurisdiction; the malicious damage or

destruction of any such plant species on any area under Federal

jurisdiction; or the removal, cutting, digging up, damage, or

destruction of any such 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

federally listed plant species

from areas under Federal jurisdiction; the malicious damage or

destruction of any such plant species on any area under Federal

jurisdiction; or the removal, cutting, digging up, damage, or

destruction of any such 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. Activities that are

unlikely to violate section 9 of the Act include animal grazing,

waterfowl hunting, bird watching, and fishing. Certain exceptions apply

to agents of the Service and State conservation agencies. The Act and

50 CFR parts 17.62, 17.63, and 17.72 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered or threatened plant species under certain circumstances. The

Service anticipates few permits would ever be sought or issued for the

two species because the plants are not common in cultivation or in the

wild.

Requests for copies of the regulations on listed plants and

inquiries regarding them may be addressed to U.S. Fish and Wildlife

Service, Ecological Services, Endangered Species Permits, 911 NE 11th

Avenue, Portland, Oregon 97232-4181 ((503) 231-2063 or FAX (503) 231-

6243).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any

other interested party concerning this proposed rule are

hereby solicited. Comments particularly are sought concerning:

(1) Biological, commercial, or other relevant data concerning any

threat (or lack thereof) to Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis;

stions from the public, other concerned governmental

agencies, the scientific community, industry, or any

other interested party concerning this proposed rule are

hereby solicited. Comments particularly are sought concerning:

(1) Biological, commercial, or other relevant data concerning any

threat (or lack thereof) to Cirsium hydrophilum var. hydrophilum and

Cordylanthus mollis ssp. mollis;

(2) The location of any additional populations of these species and

the reasons why any habitat should or should not be determined to be

critical habitat as provided by section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of these species; and

(4) Current or planned activities in the subject areas and their

possible impacts on these species.

The Service particularly solicits expert opinion from independent

specialists regarding pertinent scientific or commercial data and

assumptions relating to taxonomy, population models, and supportive

biological and ecological information. Any final decision on this

proposal will take into consideration the comments and any additional

information received by the Service, and such communications may lead

to a final regulation that differs from this proposal.

The Act provides for a public hearing on this proposal, if

requested. Requests must be received within 45 days of the date of

publication of the proposal. Such requests must be made in writing and

addressed to the Field Supervisor, Sacramento Field Office (see

ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, 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 Act. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

References Cited

n Environmental

Assessment or Environmental Impact Statement, 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 Act. A notice outlining the Service's reasons for this

determination was published in the Federal Register on October 25, 1983

(48 FR 49244).

References Cited

A complete list of all references cited herein is available upon

request from the Field Supervisor, Sacramento Field Office (see

ADDRESSES section).

Author

The primary author of this proposed rule is Kirsten Tarp, U.S. Fish

and Wildlife Service, Sacramento Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend 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. Section 17.12(h) is amended by adding the following, in

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

art 17 continues to read as follows:

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

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

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

alphabetical order under FLOWERING PLANTS, to the List of Endangered

and Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Cirsium hydrophilum var. Suisun thistle.......... U.S.A. (CA)............. Asteraceae............. E NA NA

hydrophilum.

* * * * * * *

Cordylanthus mollis ssp. Soft bird's-beak........ U.S.A. (CA)............. Scrophulariaceae....... E NA NA

mollis.

* * * * * * *

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

Dated: February 8, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-14144 Filed 6-9-95; 8:45 am]

BILLING CODE 4310-55-P