Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Arctostaphylos Pallida (Pallid Manzanita), a Plant From the Northern Diablo Range of California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD35

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for Arctostaphylos Pallida (Pallid Manzanita), a

Plant From the Northern Diablo Range of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list

Arctostaphylos pallida (pallid manzanita) as a threatened species,

pursuant to the Endangered Species Act of 1973, as amended (Act). This

plant species is found only in the northern Diablo Range of California

in Alameda and Contra Costa Counties. The species is threatened by

shading and competition from native and non-native plants, fire

suppression, habitat fragmentation, hybridization, disease, herbicide

spraying, unauthorized tree cutting, inadequate regulatory mechanisms,

and stochastic events by virtue of the small isolated nature of the

remaining populations. This proposal, if made final, would extend

Federal protection and recovery provisions afforded by the Act for this

species.

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

9, 1995. Public hearing requests must be received by September 25,

1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent

to the Field Supervisor, U.S. Fish and Wildlife Service, 2800 Cottage

Way, Room E-1803, Sacramento, California 95825-1846. Comments and

materials received and information used to support this proposal will

be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field

Supervisor, Sacramento Field Office (see ADDRESSES section) (telephone

916/979-2710; facsimile 916/979-2723).

SUPPLEMENTARY INFORMATION:

Background

ments and

materials received and information used to support this proposal will

be available for public inspection, by appointment, during normal

business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field

Supervisor, Sacramento Field Office (see ADDRESSES section) (telephone

916/979-2710; facsimile 916/979-2723).

SUPPLEMENTARY INFORMATION:

Background

Arctostaphylos pallida (pallid manzanita) is found only in the

northern Diablo Range of California. The Diablo Range is part of the

inner South Coast Range of California. The Diablo Range extends in a

northwest to southeast direction as a more or less continuous mountain

chain, 32 to 48 kilometers (km) (20 to 30 miles (mi)) wide, for

approximately 300 km (190 mi) from San Pablo Bay in central California

to Polonio Pass in northeast San Luis Obispo County. The altitude of

the Diablo Range varies from 600 to 1,280 meters (m) (2,000 to 4,200

feet (ft)) and is broken by four or five east to west passes. These

passes divide the Diablo Range into several distinct units: Contra

Costa Hills, Mt. Diablo, Mt. Hamilton Range, Panoche Hills, San Carlos

Range, and Estrella Hills (Sharsmith 1982). Arctostaphylos pallida

occurs in the Contra Costa Hills section of the Diablo Range.

Portions of the Diablo Range are thought to have been surrounded by

marine embayments since the middle Miocene era, when modern flora and

fauna were developing (Sharsmith 1982). Much of the surface of the

Diablo Range is comprised of rock in the Franciscan series. The soils

formed from Franciscan rock are believed to control partially the

present distribution of plant species in the Diablo Range (Sharsmith

1982). Serpentine rock, which is a frequent component of Franciscan

rock, yields a soil rich in heavy metals and low in the nutrients

required for plant growth (Kruckeberg 1984)

face of the

Diablo Range is comprised of rock in the Franciscan series. The soils

formed from Franciscan rock are believed to control partially the

present distribution of plant species in the Diablo Range (Sharsmith

1982). Serpentine rock, which is a frequent component of Franciscan

rock, yields a soil rich in heavy metals and low in the nutrients

required for plant growth (Kruckeberg 1984). Because of the distinctive

serpentine soil and the long exposure of this land mass to colonization

by plants, a distinctive group of plant species has developed in the

Diablo Range.

Alice Eastwood described Arctostaphylos pallida in 1933 from

specimens collected in 1902 by W.W. Carruth in the ``East Oakland

Hills.'' This area is believed to be Huckleberry Ridge in Alameda and

Contra Costa Counties, California. Arctostaphylos pallida is a member

of the A. andersonii complex, a group of Arctostaphylos species found

in central coastal California. The species is considered by some

taxonomists to be A. andersonii var. pallida Adams ex McMinn (Amme and

Havlik 1987a); McMinn reduced the species to the varietal level in

1939. However, Wells (1993) treats the species as A. pallida.

Arctostaphylos pallida is an upright, non-burl-forming shrub in the

heath family (Ericaceae). Arctostaphylos pallida grows from 2 to 4 m

(6.5 to 13.0 ft) high or more with rough, gray or reddish bark. The

twigs are bristly. The ovate to triangular leaves are bristly, strongly

overlapping, and clasping; they are 2.5 to 4.5 centimeters (cm) (1.0 to

1.8 inches (in.)) long and 2 to 3 cm (0.8 to 1.2 in.) wide. The dense,

white flowers are urn-shaped and 6 to 7 millimeters (mm) (0.2 to 0.3

in.) long. Flowering period is from December to March. Arctostaphylos

tomentosa ssp. crustacea commonly co-occurs with A. pallida but is a

burl-forming species with spreading leaves (Amme et al. no date, Wells

1993)

re 2.5 to 4.5 centimeters (cm) (1.0 to

1.8 inches (in.)) long and 2 to 3 cm (0.8 to 1.2 in.) wide. The dense,

white flowers are urn-shaped and 6 to 7 millimeters (mm) (0.2 to 0.3

in.) long. Flowering period is from December to March. Arctostaphylos

tomentosa ssp. crustacea commonly co-occurs with A. pallida but is a

burl-forming species with spreading leaves (Amme et al. no date, Wells

1993).

Arctostaphylos pallida continues to occupy its original range in

Alameda and Contra Costa Counties, where it is known from approximately

13 populations. The two largest populations are located at Huckleberry

Ridge, the type locality in Alameda and Contra Costa Counties, and at

Sobrante Ridge in Contra Costa County. Several other small, natural and

planted populations occur in Alameda and Contra Costa Counties. The

species is found from 200 to 445 m (656 to 1,460 ft) in elevation,

primarily on thin soils composed of chert and shale (Amme and Havlik

1987a). Generally, the plants are found in manzanita chaparral habitat

that frequently is surrounded by oak woodlands and coastal scrub (Amme

et al. no date). The two largest occurrences occupy an area of

approximately 34 hectares (ha) (82 acres (ac)). These two populations

are found in maritime chaparral, a habitat with mesic soil conditions

and a maritime influence. Many of the smaller populations occur in

coastal scrub (B. Olson, East Bay Chapter, California Native Plant

Society (CNPS), in litt. 1994). Arctostaphylos pallida is threatened by

shading and competition from other plant species, fire suppression,

hybridization with other Arctostaphylos species, herbicide spraying,

habitat fragmentation resulting from past housing and road

construction, unauthorized tree cutting, fungal disease, inadequate

regulatory mechanisms, and stochastic events.

Previous Federal Action

PS), in litt. 1994). Arctostaphylos pallida is threatened by

shading and competition from other plant species, fire suppression,

hybridization with other Arctostaphylos species, herbicide spraying,

habitat fragmentation resulting from past housing and road

construction, unauthorized tree cutting, fungal disease, inadequate

regulatory mechanisms, and stochastic events.

Previous Federal Action

Federal government action on this species 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 included Arctostaphylos pallida (as Arctostaphylos

andersonii var. pallida) as endangered. The Service published a notice

in the July 1, 1975, Federal Register (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 are now 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 taxon was included in

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

proposal (42 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. Arctostaphylos pallida was included in the June

16, 1976, publication.

General comments received in relation to the 1976 proposal were

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

as 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. Arctostaphylos pallida was included in the June

16, 1976, publication.

General comments received in relation to the 1976 proposal were

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

Endangered Species Act Amendments of 1978 required that all proposals

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

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

(44 FR 70796), the Service withdrew the June 6, 1976, proposal along

with four other proposals that had expired.

The Service published a Notice of Review for plants on December 15,

1980 (45 FR 82480). This notice included Arctostaphylos pallida as a

Category 1 candidate species for Federal listing. Category 1 taxa are

those for which the Service has on file sufficient 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). This supplement changed this taxon

from a Category 1 to a Category 2 candidate species. Category 2 taxa

are those for which data in the Service's possession indicate listing

is

possibly appropriate, but for which sufficient data on biological

vulnerability and threats are not currently known or on file to support

proposed rules. The plant notice was revised on September 27, 1985 (50

FR 39526). Arctostaphylos pallida was again included as a Category 2

candidate species. In the revision of the plant notice published on

February 21, 1990 (55 FR 6184), A. pallida was included as a Category 1

candidate species. In the revision of the plant notice published on

September 30, 1993 (58 FR 51144), this category remained unchanged

plant notice was revised on September 27, 1985 (50

FR 39526). Arctostaphylos pallida was again included as a Category 2

candidate species. In the revision of the plant notice published on

February 21, 1990 (55 FR 6184), A. pallida was included as a Category 1

candidate species. In the revision of the plant notice published on

September 30, 1993 (58 FR 51144), this category remained unchanged.

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

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 Arctostaphylos pallida because the

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

1982, the Service found that the petitioned listing of this 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 annually, pursuant to section 4(b)(3)(C)(i)

of the Act. The finding was reviewed in October of 1983 through 1992.

In 1993, the Service found that the petitioned listing of

Arctostaphylos pallida was again warranted but precluded by other

higher priority listing actions. Publication of this proposal

constitutes the final finding for the petitioned action for this

species.

Summary of Factors Affecting the Species

section 4(b)(3)(C)(i)

of the Act. The finding was reviewed in October of 1983 through 1992.

In 1993, the Service found that the petitioned listing of

Arctostaphylos pallida was again warranted but precluded by other

higher priority listing actions. Publication of this proposal

constitutes the final finding for the petitioned action for this

species.

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. 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 Arctostaphylos pallida Eastw. (pallid

manzanita) are as follows:

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. The current range of

Arctostaphylos pallida is unchanged from what was known to exist at the

time the species was described in 1933; however, the present

populations of this species are thought to be smaller due to habitat

fragmentation by urbanization (B. Olson, CNPS, in litt. 1994). The

distribution of A. pallida consists of 2 large populations and

approximately 11 smaller populations in Alameda and Contra Costa

Counties, California. Both large populations occur on lands owned by

the East Bay Regional Park District (EBRPD) (Amme and Havlik 1987b)

with the smaller populations occurring on other park lands or on

privately owned land (B. Olson, in litt. 1994). Up to 50 percent of the

original A. pallida population on Huckleberry Ridge, which occurs in

both Alameda and Contra Costa Counties, has been developed for housing

or is privately owned. This residential development has eliminated a

large number of A. pallida plants and fragmented and reduced the amount

of habitat at this site (Amme and Havlik 1987b)

tely owned land (B. Olson, in litt. 1994). Up to 50 percent of the

original A. pallida population on Huckleberry Ridge, which occurs in

both Alameda and Contra Costa Counties, has been developed for housing

or is privately owned. This residential development has eliminated a

large number of A. pallida plants and fragmented and reduced the amount

of habitat at this site (Amme and Havlik 1987b). Splitting the habitat

into smaller, more isolated units has and may further alter the

physical environment of the habitat, 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 these

fragmented natural areas is subject to influences of external factors

(e.g., invasion of non-native plants, foot traffic, and increased

erosion) that disrupt natural ecosystem processes.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Although this species is not known to be sought

after by collectors, A. pallida is commercially cultivated (Wells

1993). Many members of this genus are considered desirable for

landscape use and are collected for cultivation. Overutilization is not

currently known to be a threat to this species, but unrestricted

collecting for scientific or horticultural purposes or excessive visits

by individuals interested in seeing rare plants could result from

increased publicity as a result of this proposal.

C. Disease or predation. Approximately 50 percent of the

Huckleberry Ridge population of Arctostaphylos pallida was affected by

a fungal infection in the 1980's that attacked the roots of the plants,

causing branch and stem dieback (Amme and Havlik 1987a, CDFG 1987).

This population remains in poor condition (Amme and Havlik 1987a). If

the wet, cold weather conditions that induced the fungal infection are

repeated, another infection could occur, resulting in reduced vigor of

the population (D. Amme, pers. comm. 1994).

D

ungal infection in the 1980's that attacked the roots of the plants,

causing branch and stem dieback (Amme and Havlik 1987a, CDFG 1987).

This population remains in poor condition (Amme and Havlik 1987a). If

the wet, cold weather conditions that induced the fungal infection are

repeated, another infection could occur, resulting in reduced vigor of

the population (D. Amme, pers. comm. 1994).

D. The inadequacy of existing regulatory mechanisms. The State of

California Fish and Game Commission has listed Arctostaphylos pallida

as an endangered species 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 California Department of Fish and Game (CDFG) to

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

listed plants is prohibited (California Native Plant Protection Act,

chapter 10, division 2, Sec. 1908 and California Endangered Species

Act, chapter 1.5, division 3, 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 only requires that the landowner

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,

Fish and Game Code, chapter 10, Sec. 1900 et seq.).

The California Environmental Quality Act (CEQA) requires full

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 the other

agencies concerned with the resources affected by the project

.).

The California Environmental Quality Act (CEQA) requires full

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 the other

agencies concerned with the resources affected by the project. Section

15065 of the CEQA Guidelines requires a finding of significance if a

project has the potential to ``reduce the number or restrict the range

of a rare or endangered plant or animal.'' Species that are eligible

for listing as rare, threatened, or endangered but are not so listed

are given the same protection as those species that are officially

listed with the State or Federal governments. Once significant effects

are identified, the lead agency has the option to require mitigation

for effects through changes in the project or to decide that overriding

considerations make mitigation infeasible. In the latter case, projects

may be approved that cause significant environmental damage, such as

destruction of endangered species. Protection of listed species through

CEQA is, therefore, dependent upon the discretion of the lead agency.

CDFG and EBRPD jointly developed the Alameda Manzanita Management

Plan in 1987. This plan has not, however, been adopted completely. The

mission of the plan was to determine and implement management

activities that would improve the condition of the species and help in

its recovery (Amme

otection of listed species through

CEQA is, therefore, dependent upon the discretion of the lead agency.

CDFG and EBRPD jointly developed the Alameda Manzanita Management

Plan in 1987. This plan has not, however, been adopted completely. The

mission of the plan was to determine and implement management

activities that would improve the condition of the species and help in

its recovery (Amme

and Havlik 1987b). Currently, EBRPD is reducing the amount of flammable

dead plant material in the Huckleberry Ridge population (E. Leong,

EBRPD, pers. comm. 1994). The reduction in plant litter, in turn, has

helped to stimulate germination of the species (D. Amme, pers. comm.

1994).

E. Other natural or manmade factors affecting their continued

existence. Fragmentation of Arctostaphylos pallida habitat caused by

residential development at Huckleberry Ridge has also resulted in

introduced exotic landscape and weedy plant species that compete with

the remnant population (Amme and Havlik 1987b). Although no current

residential construction threatens the remaining Huckleberry Ridge

populations of A. pallida, the populations of fewer than 10 plants in

this area are threatened by stochastic events due to the small number

of plants in combination with competition with aggressive plant species

and loss of habitat from past urbanization. These small populations are

threatened by shading from planted eucalyptus (Eucalyptus sp.),

Monterey pines (Pinus radiata), and cypresses (Cupressus sp.) and by

competition with aggressive non-native plant species including French

broom (Cytisus monspessulanus), periwinkle (Vinca major), and German

ivy (Senecio mikanioides) (Amme et al. no date).

The genetic integrity of Arctostaphylos pallida is threatened by

hybridization resulting from the introduction of other species of

Arctostaphylos into the vicinity of A. pallida populations (D. Amme,

pers. comm. 1994)

rmination of Arctostaphylos

and other herbs and shrubs (Amme et al. no date). Fire also is

necessary to the species to recycle limited nutrients in the soil (Amme

and Havlik 1987b).

The roadside spraying of herbicides has had negative effects on

regeneration of Arctostaphylos pallida along Skyline Boulevard (Amme

and Havlik 1987a). Unauthorized tree cutting also poses a threat to A.

pallida. At least two mature A. pallida plants have been killed by

unauthorized cutting of eucalyptus trees, for unknown purposes, that

subsequently fell on the A. pallida plants (Amme and Havlik 1987b).

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by Arctostaphylos pallida in determining to

propose this rule. This species is not now in immediate danger of

extinction throughout all or a significant portion of its range.

Arctostaphylos pallida exists as 2 major and 11 small occurrences and

is located almost entirely on EBRPD property. The largest occurrences

of A. pallida are protected from habitat loss resulting from

urbanization or land use conversion. However, A. pallida is threatened

by shading and competition from native and non-native plant species,

fire suppression, hybridization, herbicide spraying, disease, tree

cutting, habitat fragmentation resulting from past urbanization,

stochastic events, and inadequate regulatory mechanisms.

Although not in immediate danger of extinction at this time,

Arctostaphylos pallida is likely to become an endangered species in the

foreseeable future if the present threats persist and population

declines continue. As a result, the preferred action is to list

Arctostaphylos pallida as a threatened species. Critical habitat is not

being proposed for this taxon at this time, as discussed below.

Critical Habitat

diate danger of extinction at this time,

Arctostaphylos pallida is likely to become an endangered species in the

foreseeable future if the present threats persist and population

declines continue. As a result, the preferred action is to list

Arctostaphylos pallida as a threatened species. Critical habitat is not

being proposed for this taxon at this time, as discussed below.

Critical Habitat

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

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

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

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

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

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 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 this species 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.

Arctostaphylos pallida faces anthropogenic threats (see Factors A

and E in ``Summary of Factors Affecting the Species'') and occurs

entirely on non-Federal land

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.

Arctostaphylos pallida faces anthropogenic threats (see Factors A

and E in ``Summary of Factors Affecting the Species'') and occurs

entirely on non-Federal land. All of the 13 occurrences of A. pallida

are located near or adjacent to residential areas and public roads. The

publication of precise maps and descriptions of critical habitat in the

Federal Register would make this plant vulnerable to incidents of

vandalism and, therefore, could contribute to the decline of the

species. Although this species is not known to be sought after by

collectors, A. pallida is commercially cultivated (Wells 1993). Many

members of this genus are considered desirable for landscape use and

are collected for cultivation. The desirability and accessibility of

the species, therefore, could make the plants subject to collection if

their precise location was publicized.

In addition, critical habitat designation for the species is not

prudent due to lack of benefit. At present, all known populations occur

on non-Federal land, with no Federal action, authorization, licensing,

or funding currently occurring on these lands. Due to the small,

fragmented populations of this species, any future Federal actions,

authorizations, or funded projects that would appreciably diminish the

value of the known habitat for the survival and recovery of the species

may also jeopardize its continued existence. A jeopardy opinion would

require formal agency

authorization, licensing,

or funding currently occurring on these lands. Due to the small,

fragmented populations of this species, any future Federal actions,

authorizations, or funded projects that would appreciably diminish the

value of the known habitat for the survival and recovery of the species

may also jeopardize its continued existence. A jeopardy opinion would

require formal agency

consultation with the Service on virtually any federally-related

project. Therefore, the Service finds that designation of critical

habitat for this plant is not prudent at this time, because such

designation would likely provide no benefit beyond that the species

would receive by virtue of its designation as a threatened species.

Further discussion of jeopardy opinions and consultation is included in

the following section.

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 for all listed species. The protection required of Federal

agencies and the prohibitions against certain activities involving

listed plants are discussed, in part, below.

Section 7(a) of the Act 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

ies 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. If a species is listed

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

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

jeopardize the continued existence of 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.

None of the populations of Arctostaphylos pallida occur on Federal

lands; however, some populations occur on protected non-Federal lands.

The EBRPD owns and manages the land where both major populations of A.

pallida occur. The EBRPD and CDFG jointly developed the Alameda

Manzanita Management Plan in 1987. Although this plan was not adopted

by Alameda or Contra Costa County governments, portions of the plan are

in use by the EBRPD where the species occurs (D. Amme, pers. comm.

1944; Ed Leong, EBRPD, pers. comm. 1994).

Listing this plant species would necessitate development of a

recovery plan. Such a plan would bring together both State and Federal

efforts for conservation of the plant. The plan would establish a

framework for agencies to coordinate activities and cooperate with each

other in conservation efforts. The plan would set recovery priorities

and estimate costs of various tasks necessary to accomplish them

is plant species would necessitate development of a

recovery plan. Such a plan would bring together both State and Federal

efforts for conservation of the plant. The plan would establish a

framework for agencies to coordinate activities and cooperate with each

other in conservation efforts. The plan 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 plant species. Additionally,

pursuant to section 6 of the Act, the Service would be able to grant

funds to the State for management actions promoting the protection and

recovery of the species.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all threatened

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

50 CFR 17.71, apply. These prohibitions, in part, make it illegal for

any person subject to the jurisdiction of the United States to import

or export, transport in interstate or foreign commerce in the course of

a commercial activity, sell or offer for sale in interstate or foreign

commerce, or remove and reduce the species to possession from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

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

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

State law or regulation, including State criminal trespass law. Section

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

threatened species through regulation. The protection may apply to this

species in the future if regulations are promulgated

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

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

State law or regulation, including State criminal trespass law. Section

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

threatened species through regulation. The protection may apply to this

species in the future if regulations are promulgated. Seeds from

cultivated specimens of threatened plants are exempt from these

prohibitions provided that their containers are marked ``Of Cultivated

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

Service and State conservation agencies.

The Act and 50 CFR 17.72 also provide for the issuance of permits

to carry out otherwise prohibited activities involving threatened

plants under certain circumstances. Such permits are available for

scientific purposes and to enhance the propagation or survival of the

species. For threatened plants, permits are also available for

botanical or horticultural exhibition, education purposes, or special

purposes consistent with the purposes of the Act. It is anticipated

that few trade permits would ever be sought or issued because the

species is not common in the wild.

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 this

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

Collection, damage, or destruction of listed species on Federal lands

is prohibited, although in appropriate cases a Federal endangered

species permit may be issued to allow collection

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

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

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

Collection, damage, or destruction of listed species on Federal lands

is prohibited, although in appropriate cases a Federal endangered

species permit may be issued to allow collection. Arctostaphylos

pallida is not known to occur on any Federal lands; however, such

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

of section 9. Questions regarding whether specific activities would

constitute a violation of section 9 should be directed to the Field

Supervisor of the Service's Sacramento Field Office (see ADDRESSES

section). Requests for copies of the regulations concerning listed

plants and general inquiries regarding prohibitions and permits may be

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

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

97232-4181 (telephone 503/231-2063; facsimile 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 Arctostaphylos pallida;

ffective 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 Arctostaphylos pallida;

(2) The location of any additional populations of this 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 the species; and

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

possible impacts on the species.

The Service specifically 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.

Final promulgation of the regulation on this species 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 Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received by September 25,

1995. Such requests must be made in writing and be addressed to the

Field Supervisor, Sacramento Field Office (see ADDRESSES section).

National Environmental Policy Act

vice, and such communications may lead to a final regulation

that differs from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received by September 25,

1995. Such requests must be made in writing and be addressed to the

Field Supervisor, Sacramento Field Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments or Environmental Impact Statements, as defined under the

authority of the National Environmental Policy Act of 1969, need not be

prepared in connection with regulations adopted pursuant to section

4(a) of the Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

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 Elizabeth Warne,

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.

* * * * *

rt 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

* * * * * * *

Arctostaphylos pallida.. Pallid manzanita....... U.S.A. (CA)............ Ericaceae--Heath....... T NA NA

* * * * * * *

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

Dated: July 5, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-18813 Filed 8-1-95; 8:45 am]

BILLING CODE 4310-55-P