Endangered and Threatened Wildlife and Plants; Proposed Endangered and Threatened Status for Four Chaparral Plants From Southwestern California and Northwestern Baja California, Mexico

50 CFR Part 17

RIN 1018-AD60

Endangered and Threatened Wildlife and Plants; Proposed

Endangered and Threatened Status for Four Chaparral Plants From

Southwestern California and Northwestern Baja California, Mexico

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Berberis nevinii (Nevin's barberry) and Fremontodendron mexicanum

(Mexican flannelbush) as endangered, and Ceanothus ophiochilus (Vail

Lake ceanothus) and Nolina interrata (Dehesa beargrass) as threatened

throughout their respective ranges in southwestern California and

northwestern Baja California, Mexico, pursuant to the Endangered

Species Act of 1973, as amended (Act). These species are associated

with chaparral plant communities and, in some cases, are endemic to

specific types of clay soils.

These species are threatened by habitat destruction, degradation,

and fragmentation resulting from urban development, encroachment by

exotic plant species, and disruption of a normal fire cycle. This

proposed rule, if made final, would extend protection under the Act to

these four plants.

DATES: Comments from all interested parties must be received by

December 1, 1995. Public hearing requests must be received by November

16, 1995.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad

Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich at the above address

(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

d Supervisor, U.S. Fish and Wildlife Service, Carlsbad

Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Gail Kobetich at the above address

(telephone 619/431-9440).

SUPPLEMENTARY INFORMATION:

Background

Berberis nevinii (Nevin's barberry), Ceanothus ophiochilus (Vail

Lake ceanothus), Fremontodendron mexicanum (Mexican flannelbush), and

Nolina interrata (Dehesa beargrass) occur in restricted and localized

populations from the interior foothills of Los Angeles, Riverside, and

San Bernardino Counties, California, south through San Diego County to

northwestern Baja California, Mexico. Most populations of these species

are situated in relatively rugged terrain dominated by chaparral.

Fremontodendron mexicanum is also known from closed cone coniferous

forest dominated by Cupressus forbesii (Tecate cypress) while Berberis

nevinii

is also associated with sandy washes dominated by alluvial scrub

vegetation associations. Ceanothus ophiochilus, F. mexicanum, and N.

interrata are often found in association with specific soil types.

The chaparrals of interior foothill southern California are dense

shrub associations of moderate height that are dominated by Adenostoma

fasciculatum (chamise), Ceanothus sp. (California lilac), Rhamnus

ilicifolia (red berry), Arctostaphylos sp. (manzanita), Quercus

berberidifolia (California scrub oak), Rhus ovata (sugar bush), Malosma

laurina (laurel sumac), Heteromeles arbutifolia (toyon), Eriogonum

fasciculatum (California buckwheat), and Salvia mellifera (black sage)

(Beauchamp 1986, Holland 1986, and Wiggins 1980). Chaparral species are

adapted to soils poor in nutrients, a cool, wet winter, and hot dry

summers.

Many chaparral species are adapted to periodic wildfires. For

example, seeds of some plants require fire before they can germinate

Heteromeles arbutifolia (toyon), Eriogonum

fasciculatum (California buckwheat), and Salvia mellifera (black sage)

(Beauchamp 1986, Holland 1986, and Wiggins 1980). Chaparral species are

adapted to soils poor in nutrients, a cool, wet winter, and hot dry

summers.

Many chaparral species are adapted to periodic wildfires. For

example, seeds of some plants require fire before they can germinate.

Other plants reproduce vegetatively by sprouting from the burned stumps

of the parent plant. Fires that occur too frequently, however, burn

young plants before they become reproductively mature, thus depleting

the seed bank. Sustained fire prevention can cause plant communities to

become senescent (old) and thus they may not survive an unpredictable

fire to reproduce vegetatively (Boyd 1991).

Chaparral habitats occur on many different soil types but the

plants under consideration herein, with the exception of Berberis

nevinii, typically occur in clay soils derived from gabbro or

metavolcanic bedrock (Boyd 1991, California Native Diversity Data Base

(CNDDB) 1992, Oberbauer 1991). Berberis nevinii grows in sandy habitats

(Mistretta 1989b, CNDDB 1992). Clay soils have unique physical and

chemical properties that contribute to the disproportionally large

number of rare plants found on this substrate, as compared to other

soil types. For these reasons, clay soils are an important contributor

to floristic diversity in the Riverside County and San Diego County

region. The Vail Lake area in Riverside County has a large complex of

highly unique habitats on clay soils formed from gabbro bedrock that

support many sensitive or endangered plant and animal species including

two of the species in this proposed rule (see Metropolitan Water

District (MWD) 1991). The largest population of Berberis nevinii grows

in this area adjacent to the type location of Ceanothus ophiochilus

(California Natural Diversity Data Base (CNDDB 1992). The ranges of all

four species are restricted to small areas

hat

support many sensitive or endangered plant and animal species including

two of the species in this proposed rule (see Metropolitan Water

District (MWD) 1991). The largest population of Berberis nevinii grows

in this area adjacent to the type location of Ceanothus ophiochilus

(California Natural Diversity Data Base (CNDDB 1992). The ranges of all

four species are restricted to small areas.

The population centers for two of the plants considered in this

proposal, Berberis nevinii and Ceanothus ophiochilus, are located in

the Vail Lake area of southwestern Riverside County. Populations of B.

nevinii located outside the Vail Lake area are small and found in

isolated patches in San Diego, San Bernardino, and Los Angeles

Counties. Small populations of C. ophiochilus occur in the Agua Tibia

Wilderness Area (Cleveland National Forest) adjacent to Vail Lake.

Nolina interrata and Fremontodendron mexicanum are found only in

southern San Diego County and northwestern Baja California, Mexico.

Discussion of the Four Species Proposed for Listing

Ceanothus ophiochilus was first discovered and collected by S.

Boyd, T. Ross, and L. Arnseth in 1989 on Oak Mountain (also known as

Vail Mountain), west of Vail Lake in Riverside County, California. It

was formally described by Boyd et al. (1991) based on the Vail Lake

collection and was subsequently accepted by Schmidt (1993). Ceanothus

ophiochilus is a rounded, divaricately-branched (widely forked) shrub

of the buckthorn family (Rhamnaceae), from 12 to 15 decimeters (dm) (4

to 5 feet (ft.)) in height with leaves about 3 to 7 millimeters (mm)

(0.1 to 0.3 inches (in.)) long and 1.5 to 2.5 mm (0.1 in.) wide. Blue

flowers, narrow leaves, and hornless fruit capsules differentiate C.

ophiochilus from other members of the genus. This species resembles

Adenostoma fasciculatum (chamise), the codominant shrub in its habitat.

Ceanothus ophiochilus flowers from mid-February to March and fruit

capsules mature from about May to mid-June (Boyd et al

to 0.3 inches (in.)) long and 1.5 to 2.5 mm (0.1 in.) wide. Blue

flowers, narrow leaves, and hornless fruit capsules differentiate C.

ophiochilus from other members of the genus. This species resembles

Adenostoma fasciculatum (chamise), the codominant shrub in its habitat.

Ceanothus ophiochilus flowers from mid-February to March and fruit

capsules mature from about May to mid-June (Boyd et al. 1991, Schmidt

1993).

Ceanothus ophiochilus is restricted to xeric (dry) habitats on

ridgetops and north to northeast-facing slopes in chamise chaparral. It

occurs on shallow soils formed from ultra-basic parent materials or

deeply weathered gabbro, both of which are phosphorus deficient. This

species is adapted to this harsh environment, whereas other members of

the genus are not. Ceanothus ophiochilus hybridizes with the locally

common C.crassifolius in places where the two species occur together.

The strong association of C. ophiochilus with nutrient poor soils may

be critical for the species to maintain reproductive isolation (Boyd et

al. 1991).

Ceanothus ophiochilus is found at four localities in southwestern

Riverside County. One population of C. ophiochilus occurs on privately

owned land at Vail Lake. Estimates for the Vail Lake population range

from 3,000 to 5,000 plants; this population occupies about 8 hectares

(ha) (20 acres (ac.)) within a 16 ha (40 ac.) area (Boyd 1991).

Individual plants within the Vail Lake population exhibit indications

of hybridization with C. crassifolius. Large populations of C.

crassifolius are present approximately one-half mile south and east of

the Vail Lake C. ophiochilus population (Boyd et al. 1991). The

remaining three populations exist on land managed by the Forest

Service, where over 4,000 plants exist within about 14 ha (35 ac.) of

the Agua Tibia Wilderness Area. These populations are scattered along

borders of creeks and dry canyons, and sometimes on gabbro soils

(Shaffer 1993)

approximately one-half mile south and east of

the Vail Lake C. ophiochilus population (Boyd et al. 1991). The

remaining three populations exist on land managed by the Forest

Service, where over 4,000 plants exist within about 14 ha (35 ac.) of

the Agua Tibia Wilderness Area. These populations are scattered along

borders of creeks and dry canyons, and sometimes on gabbro soils

(Shaffer 1993). At least two of the three Agua Tibia populations are

hybridizing with C. crassifolius and these populations may represent

hybrid swarms. The third Agua Tibia population consists of plants that

are too young to determine the degree of hybridization taking place

(Shaffer 1993; Steve Boyd, Rancho Santa Ana Botanical Garden, pers.

comm. 1995). While these populations evidently are not pure C.

ophiochilus, the Service continues to recognize their importance to the

long-term survival of the species. These populations are important

because they represent about 50 percent of the known acreage of the

species and a significant number of individuals, and because

conservation actions for C. ophiochilus would be unnecessarily limited

to a single location.

Fremontodendron mexicanum, a member of the cacao family

(Sterculiaceae), is a small tree or shrub with evergreen, palmately

lobed leaves, 25 to 50 mm (1 to 2 in.) wide. The inflorescence is about

60 mm (2.4 in.) wide, and lacks petals. The showy orange sepals, which

are reddish toward the bases, distinguish F. mexicanum from F.

californicum, which has yellow sepals. The seeds of F. mexicanum are

quite distinctive from other species of Fremontodendron (Kelman 1991).

Fremontodendron mexicanum also has a unique petiole (leaf stalk)

internal structure that is unlike that found in any other member of the

family (Kelman 1991). Reliable distribution records for Fremontodendron

mexicanum indicate that this species is found in southern San Diego

County and northern Baja California, Mexico between 300 and 1,000

meters (m) (900 to 3,000 ft.) in elevation

n 1991).

Fremontodendron mexicanum also has a unique petiole (leaf stalk)

internal structure that is unlike that found in any other member of the

family (Kelman 1991). Reliable distribution records for Fremontodendron

mexicanum indicate that this species is found in southern San Diego

County and northern Baja California, Mexico between 300 and 1,000

meters (m) (900 to 3,000 ft.) in elevation. This species blooms from

March to August and occurs primarily in closed cone coniferous forest

and southern mixed chaparral often in association with metavolcanic

soils

(Oberbauer 1991, Rieser 1994). Fremontodendron mexicanum is found as

far south as Arroyo Seco, north of San Quintin, in Baja California,

Mexico (Wiggins 1980).

Fremontodendron mexicanum was first described by Davidson (1917)

(as F. mexicana). Macbride applied the name Fremontia mexicana to this

species in 1918 (Abrams 1944). Jepson (1925) reduced Fremontia mexicana

to Fremontia californica var. mexicana citing similarities between this

species and Fremontia californica of central California. Abrams (1944)

did not recognize Jepson's treatment, following Macbride. Recent

treatments (Munz 1974, Kelman 1991, Whetstone and Atkinson 1993)

recognize Davidson's original treatment. The genus name Fremontia was

not conserved because Fremontodendron has taxonomic priority over the

name Fremontia (Kelman 1991).

Fremontodendron mexicanum is known from fewer than 10 native

historical locations in the United States. The majority of these are

situated in the vicinity of Otay Mountain, San Diego County. Although

no populations of F. mexicanum are known to be extirpated, this species

has only been observed at one location in recent years (Cedar Canyon).

Surveys of other historical localities have been unsuccessful in

relocating this species (Ogden Environmental and Energy Services, Inc.

1992; Mitchell Beauchamp, botanist, in litt. 1993; Rieser 1994)

icinity of Otay Mountain, San Diego County. Although

no populations of F. mexicanum are known to be extirpated, this species

has only been observed at one location in recent years (Cedar Canyon).

Surveys of other historical localities have been unsuccessful in

relocating this species (Ogden Environmental and Energy Services, Inc.

1992; Mitchell Beauchamp, botanist, in litt. 1993; Rieser 1994). The

Bureau of Land Management (BLM) manages most of the Cedar Canyon

population while other historical sites are divided between BLM and

private landowners (CNNDB 1992). The total number of remaining plants

of F. mexicanum in the United States is estimated to be fewer than 100

(CNDDB 1992; Beauchamp, in litt. 1993). Two additional native

historical populations are reported from Mexico, however, one

population has not been seen recently and the other (Arroyo Seco) may

have been extirpated by a substantial flood (Rieser 1994).

Three historical localities that may represent native populations

of Fremontodendron mexicanum have been reported north of San Diego

County, California. These are Claremont Wash (Los Angeles County), near

Quail Lake (Kern County), and from Junipero Sierra Peak in the Santa

Lucia Mountains (Monterey County). These widely scattered and disjunct

localities are based on single specimen collections that predate 1940

and the populations have not been relocated in recent years (Kelman

1991, CNDDB 1992). Identification of these specimens is tentative due

to lack of seed material and is based solely on the shape of the leaf

base (Kelman 1991; Susan Cochrane, Natural Heritage Division,

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

Whetstone and Atkinson (1993) dismissed these localities as being

unreliable and have limited F. mexicanum to San Diego County,

California, and Mexico. Regardless, even if it should prove that one or

more of these populations are F

based solely on the shape of the leaf

base (Kelman 1991; Susan Cochrane, Natural Heritage Division,

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

Whetstone and Atkinson (1993) dismissed these localities as being

unreliable and have limited F. mexicanum to San Diego County,

California, and Mexico. Regardless, even if it should prove that one or

more of these populations are F. mexicanum, the botanical flora of

central California is fairly well known and this species would be a

rare element in this flora.

Several other recent localities have been reported in San Diego

County and in Los Angeles County, California. However, these likely

represent planted individuals readily available in the nursery trade or

misidentifications (CNNDB 1992, Rieser 1994).

Berberis nevinii (Nevin's barberry), an evergreen shrub from 1 to 4

m (3 to 12 ft.) tall, is a member of the barberry family

(Berberidaceae). It was first discovered by Reverend Nevin, a Los

Angeles minister, in 1882 in the San Fernando Valley (Los Angeles

County) and described by A. Gray in 1895 (Mistretta 1989a). Although

Fedde (1901) applied the name Mahonia nevinii to this taxon, much of

the current literature refers to Berberis rather than Mahonia (Moran

1982). The leaves of B. nevinii are pinnately compound with 3 to 5

lanceolate leaflets and serrate spine-tipped margins. Flowers, which

appear from March through April, are yellow with six petals in two

series and are clustered in a loosely flowered inflorescence 2.5 to 5

cm (1.0 to 2 in.) long (McMinn 1939, Williams 1993). The fruit is a

juicy yellowish red to red berry 6 to 8 mm (less than 0.3 in.) long

with plump brownish seeds. Other Berberis species have wider leaves,

somewhat folded at the midrib, with marginal spines vertical to the

leaf surface and smaller, differently colored berries. Related species

also grow at higher elevations, generally above 800 m (2,500 ft.)

n.) long (McMinn 1939, Williams 1993). The fruit is a

juicy yellowish red to red berry 6 to 8 mm (less than 0.3 in.) long

with plump brownish seeds. Other Berberis species have wider leaves,

somewhat folded at the midrib, with marginal spines vertical to the

leaf surface and smaller, differently colored berries. Related species

also grow at higher elevations, generally above 800 m (2,500 ft.).

Berberis nevinii grows in two distinctive, yet related, habitat

types: sandy and gravelly places along the margins of dry washes below

the foothill zone of the Southern California Transverse and Peninsular

ranges, and in coarse soils in chaparral communities (CDFG 1986). This

species is typically found between 300 and 650 m (900 and 2,000 ft.) in

elevation (CNDDB 1993). The association of B. nevinii with

Lepidospartum squamatum, which requires groundwater flow, and its

preference for sandy wash locations, suggest that B. nevinii may also

require groundwater flow (Niehaus 1977).

The range of Berberis nevinii includes Los Angeles, San Bernardino,

Riverside, and San Diego Counties. The historical distribution of this

species consisted of about 32 populations at 20 localities.

Currently, the total number of individuals is likely fewer than

1,000 (Boyd 1987, CNDDB 1992). At least seven populations have been

extirpated. The largest remaining cluster of native populations,

totalling about 300 individuals, occurs in Riverside County, California

at the Vail Lake/Oak Mountain area. These populations occur on BLM

lands north of Vail Lake, the Cleveland National Forest southeast of

Vail Lake, and private ownerships in the Vail Lake region (Boyd et al.

1989). The remaining populations are small, fewer than 10 or 20

individuals, and occur on city park, Indian Reservation, or private

lands (CNDDB 1992). An artificially established population of about 250

individuals occurs on an alluvial terrace in San Francisquito Canyon on

the Angeles National Forest in Los Angeles County (Boyd et al. 1989)

te ownerships in the Vail Lake region (Boyd et al.

1989). The remaining populations are small, fewer than 10 or 20

individuals, and occur on city park, Indian Reservation, or private

lands (CNDDB 1992). An artificially established population of about 250

individuals occurs on an alluvial terrace in San Francisquito Canyon on

the Angeles National Forest in Los Angeles County (Boyd et al. 1989).

The range of Berberis nevinii is well known and has been

extensively surveyed. Additional populations are not likely to occur in

the Vail Lake area (Boyd et al. 1989). A thorough search for B. nevinii

on the San Bernardino National Forest and the Cleveland National Forest

was completed in 1989, based on Boyd's (1987) habitat parameters. No

new populations or individuals were found (Mistretta 1989b; Melody

Lardner, Botanist, San Bernardino National Forest, in litt. 1993).

Nolina interrata (Dehesa beargrass) is a member of the lily family

(Liliaceae) and is similar in appearance to members of the genus Yucca.

Nolina interrata was discovered in 1939 and it was later formally

described by Howard S. Gentry (1946). The description was based on

collections from the type location on Dehesa Road, east of El Cajon in

San Diego County, California. Gentry's taxonomic treatment is followed

by Munz (1974). However, Beauchamp (1986) considered N. interrata to be

conspecific with N. parryi, which is closely related. The most recent

taxonomic treatment on the genus (Dice 1988) and floristic treatment

for California (Dice 1993) recognized this species as distinct from N.

parryi by its lack of above ground stems, low number of leaves (45 or

less), and short flowering stalk (1.6 m (5 ft.)) or shorter. Nolina

parryi has distinct above ground stems, numerous leaves (45 to 200) and

taller flowering stalks (1.6 to 4 m (5 to 13 ft.)) (Dice 1993).

on the genus (Dice 1988) and floristic treatment

for California (Dice 1993) recognized this species as distinct from N.

parryi by its lack of above ground stems, low number of leaves (45 or

less), and short flowering stalk (1.6 m (5 ft.)) or shorter. Nolina

parryi has distinct above ground stems, numerous leaves (45 to 200) and

taller flowering stalks (1.6 to 4 m (5 to 13 ft.)) (Dice 1993).

Nolina interrata is a dioecious (male and female flowers on

separate plants) perennial with an underground stem that forms a woody

platform and produces many aerial rosettes of leaves. Each rosette

consists of 10 to 45 lance-linear, glaucous (covered with a whitish

powder) leaves with minutely serrate margins. In some years, rosettes

produce a single stalk 1 to 2.5 m (3 to 7.5 ft.) tall with an elongate,

compound panicle inflorescence at its apex. The flowers are minute (2

to 4 mm (0.1 to 0.2 in.)) and creamy white. Nolina interrata can be

distinguished by its short, thin-stalked panicle, which has

inconspicuous bracts, and by the absence of any visible above-ground

trunk or stem bearing individual rosettes of leaves, a greatly reduced

number of leaves per rosette, and minimally expanded leaf bases. It can

be distinguished from Yucca species by the absence of a rigid spinose

leaf tip and leaves with shredding margins. In addition, Yucca species

have larger flowers that branch from a single spike rather than a

panicle (Dice 1988, 1993).

Nolina interrata grows in chaparral habitat commonly associated

with Adenostoma fasciculatum (chamise), Helianthemum scoparium (peak

rush rose), Salvia clevelandii (Cleveland sage), and Tetracoccus

dioicus (San Diego button bush). Nolina interrata is often associated

with other rare plants such as Senecio ganderi (Gander's butterweed),

Acanthomintha ilicifolia (San Diego thornmint), Monardella hypoleuca

ssp. lanata (felt-leaved monardella), and Fritillaria biflora

(chocolate lily) (Oberbauer 1979). The association of N

ak

rush rose), Salvia clevelandii (Cleveland sage), and Tetracoccus

dioicus (San Diego button bush). Nolina interrata is often associated

with other rare plants such as Senecio ganderi (Gander's butterweed),

Acanthomintha ilicifolia (San Diego thornmint), Monardella hypoleuca

ssp. lanata (felt-leaved monardella), and Fritillaria biflora

(chocolate lily) (Oberbauer 1979). The association of N. interrata with

these species reflects the distribution of clay soils formed from

gabbro soils in the region (Oberbauer 1979, 1991, Beauchamp 1986).

Nolina interrata reproduces primarily by asexual means and it does not

flower every year; this adaptation may compensate for its lack of

consistent flowering. It also may require fire or other disturbance to

induce flowering.

The total population size of Nolina interrata is about 9,000

plants. There are nine populations of N. interrata in San Diego County,

all within a 6 square mile (15.6 square kilometer (km)) area in the

Dehesa Valley, immediately east of El Cajon, California. There are no

records of extirpated populations. About one-third to one-half of the

known populations are protected on a reserve managed by The Nature

Conservancy at McGinty Mountain. Another large population, located near

Sycuan Peak, is owned by two private landowner consortiums. The

remaining few populations are small and occur on private land

(Oberbauer 1979, CNDDB 1992).

Nolina interrata is known from 3 localities in Baja California and

ranges as far south as Ensenada (Rancho de la Cruz) in Baja California,

Mexico (Fred Hrusa, University of California at Davis, in litt. 1993).

One population exists about 16 km (10 miles) northeast of La Mision.

Both of these disjunct Mexican populations have fewer than 25

individuals each. Another population has recently been discovered

closer to the United States border and it appears to be of comparable

size (Jim Dice, CDFG, pers. comm. 1995).

Previous Federal Action

Fred Hrusa, University of California at Davis, in litt. 1993).

One population exists about 16 km (10 miles) northeast of La Mision.

Both of these disjunct Mexican populations have fewer than 25

individuals each. Another population has recently been discovered

closer to the United States border and it appears to be of comparable

size (Jim Dice, CDFG, pers. comm. 1995).

Previous Federal Action

Federal government action on the four plant taxa considered in this

rule began as a result of section 12 of the Endangered Species Act of

1973, which directed the Secretary of the Smithsonian Institution to

prepare a report on those plants considered to be endangered,

threatened, or extinct. This report, designated as House Document No.

94-51, and presented to Congress on January 9, 1975, recommended

Berberis nevinii, Fremontodendron mexicanum, and Nolina interrata for

endangered status. The Service published a notice in the Federal

Register on July 1, 1975 (40 FR 27823), of its acceptance of the report

as a petition within the context of section 4(c)(2) (now section

4(b)(3)(A)) of the Act, and of the Service's intention thereby to

review the status of the plant taxa named therein, including B.

nevinii, F. mexicanum, and N. interrata. On June 16, 1976, the Service

published a proposal in the Federal Register (42 FR 24523) to determine

approximately 1,700 vascular plant species to be endangered species

pursuant to section 4 of the Act. Berberis nevinii, Fremontodendron

mexicanum, and Nolina interrata were included in this Federal Register

proposal.

General comments received in relation to the 1976 proposal were

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

17909). The Endangered Species Act amendments of 1978 required all

proposals over 2 years old to be withdrawn, although a 1-year grace

period was given to these proposals

odendron

mexicanum, and Nolina interrata were included in this Federal Register

proposal.

General comments received in relation to the 1976 proposal were

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

17909). The Endangered Species Act amendments of 1978 required all

proposals over 2 years old to be withdrawn, although a 1-year grace

period was given to these proposals. In the December 10, 1979, Federal

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

for that portion of the June 16, 1976, proposal that had not been made

final, along with four other proposals that had expired.

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

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

included Berberis nevinii, Fremontodendron mexicanum, and Nolina

interrata as category 1 candidate taxa (species for which data in the

Service's possession are sufficient to support a proposal for listing).

On November 28, 1983, the Service published a supplement to the Notice

of Review in the Federal Register (48 FR 53640). This supplement

treated F. mexicanum as a category 2 candidate species (species for

which data in the Service's possession indicates listing may be

appropriate, but for which additional biological information is needed

to support a proposed rule), whereas B. nevinii and N. interrata

remained as category 1 species. The listing status of these species has

remained unchanged since the 1983 Notice of Review.

Section 4(b)(3)(B) of the Endangered Species Act of 1973, as

amended in 1982, requires the Secretary to make findings on pending

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

1982 amendments further requires that all petitions pending on October

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

was the case for Berberis nevinii, Fremontodendron mexicanum, and

Nolina interrata because the 1975 Smithsonian report had been accepted

as a petition

etary to make findings on pending

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

1982 amendments further requires that all petitions pending on October

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

was the case for Berberis nevinii, Fremontodendron mexicanum, and

Nolina interrata because the 1975 Smithsonian report had been accepted

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

petitioned listing of these species was warranted, but precluded by

other pending listing proposals of higher priority, pursuant to section

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

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

finding requires the petition to be recycled, pursuant to section

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

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

The Service made a final ``not warranted'' finding on the 1975

petition with respect to Fremontodendron mexicanum and 864 other

species in the December 9, 1993, Federal Register (58 FR 64828-45). The

species was thus retained under Category 2 on the basis that it may be

subject to extinction or endangerment from uncontrolled loss of

habitat, from other man-caused changes to its environment, or

extinction due to low numbers (58 FR 64840). Since 1993, the Service

has completed or obtained survey and other data that adequately

describe those factors that are placing F. mexicanum at risk of

extinction. The Service has proceeded to propose this species along

with Berberis nevinii, Nolina interrata, and Ceanothus ophiochilus that

occupy the same

an-caused changes to its environment, or

extinction due to low numbers (58 FR 64840). Since 1993, the Service

has completed or obtained survey and other data that adequately

describe those factors that are placing F. mexicanum at risk of

extinction. The Service has proceeded to propose this species along

with Berberis nevinii, Nolina interrata, and Ceanothus ophiochilus that

occupy the same

general distribution in southern California.

On December 14, 1990, the Service received a petition dated

December 5, 1990, from Mr. David Hogan of the San Diego Biodiversity

Project, to list Nolina interrata as an endangered species (Hogan, in

litt. 1990). The petitioner also requested the designation of critical

habitat for this species. Since N. interrata was included in the 1975

Smithsonian Institution Report, the Service regards the 1990 petition

as a second petition for the same action.

On September 16, 1991, the Service received a petition dated

September 13, 1991, from Mr. Steve Boyd of the Rancho Santa Ana Botanic

Garden, to list Ceanothus ophiochilus as an endangered species (Boyd

1991). The Service published a 90-day finding in the Federal Register

on August 10, 1992 (57 FR 37513), that substantial information was

presented in the petition to indicate that the requested action may be

warranted. This species was included as a category 2 species in the

September 30, 1993, Notice of Review (50 CFR 51144). This proposed rule

constitutes the 12-month finding on this petitioned action.

On July 29, 1983, Nolina interrata was included in Appendix I of

the Convention on International Trade in Endangered Species of Wild

Fauna and Flora (CITES). CITES is a treaty established to prevent

international trade that may be detrimental to the survival of plants

and animals.

Summary of Factors Affecting the Species

posed rule

constitutes the 12-month finding on this petitioned action.

On July 29, 1983, Nolina interrata was included in Appendix I of

the Convention on International Trade in Endangered Species of Wild

Fauna and Flora (CITES). CITES is a treaty established to prevent

international trade that may be detrimental to the survival of plants

and animals.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.)

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

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

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

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

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

ophiochilus S. Boyd, T. Ross and L. Arnseth (Vail Lake ceanothus),

Berberis nevinii A. Gray (Nevin's barberry), Fremontodendron mexicanum

Davidson (Mexican flannelbush), and Nolina interrata H. Gentry (Dehesa

beargrass), are as follows:

A. The present or threatened destruction, modification, or

curtailment of their habitat or range. The specific soil and/or

hydrologic requirements of the four plant taxa considered herein,

naturally limit their distribution to clay soils formed from gabbro and

alluvial scrub (sandy washes and terraces) within the chaparral plant

community. Generally, urban development and mining have impacted these

habitats more than other activities within the chaparral community

because the terrain is more accessible than the typically rugged and

boulder covered terrain of the surrounding chaparral.

A study conducted by the Metropolitan Water District of Southern

California suggests that much of southwestern Riverside County will be

converted to urban development within the decade (Monroe et al. 1992,

California Department of Finance 1993)

in the chaparral community

because the terrain is more accessible than the typically rugged and

boulder covered terrain of the surrounding chaparral.

A study conducted by the Metropolitan Water District of Southern

California suggests that much of southwestern Riverside County will be

converted to urban development within the decade (Monroe et al. 1992,

California Department of Finance 1993). Urban development encroachment

in the Vail Lake area of southwestern Riverside County threatens one of

the two largest populations of Berberis nevinii and the only known

population complex of Ceanothus ophiochilus. The Vail Lake area is

included in a Community Plan, planned and approved by the County, which

allows subdivision of parcels into 9-ha (20-acre) lots (Boyd 1991,

Schaffer 1993). In 1995, a new land owner offered the Riverside County

Habitat Conservation Agency (RCHCA) an option to acquire the portion

(as a conservation bank) of the Vail Lake planned community that

contains the C. ophiochilus population (see Factor D). However, the

option is unlikely to be taken and the current land owner (a real

estate management company) may sell the property to an entity, or

multiple entities that may develop the property (Michelle Shaughnessy,

Fish and Wildlife Service Biologist, pers. comm. 1995). Berberis

nevinii populations at Vail Lake could be eliminated by development

(Jeff David and Associates 1995). If the conservation bank is not

adopted and if subdivision of this area occurs, several types of

impacts would be expected in addition to the direct removal of B.

nevinii and C. ophiochilus and their habitat. Fire management

strategies for developed areas would impact the natural fire processes

to which natural plant communities have become adapted (see Factor E

below). Individual landowners are likely to convert existing habitat to

gardens, lawns, and pastures

occurs, several types of

impacts would be expected in addition to the direct removal of B.

nevinii and C. ophiochilus and their habitat. Fire management

strategies for developed areas would impact the natural fire processes

to which natural plant communities have become adapted (see Factor E

below). Individual landowners are likely to convert existing habitat to

gardens, lawns, and pastures. Development would introduce invasive

plants that compete with these taxa, and degrade habitat quality as a

result of conversion to later successional stages of plant communities

(Boyd 1991).

Several other sources of habitat degradation also threaten Berberis

nevinii and Ceanothus ophiochilus in the Vail Lake area of Riverside

County. State Route 79 (SR 79) has been proposed for widening from two

to four lanes and may impact some populations of B. nevinii as well as

promoting development in the area (Monroe et al. 1992). Grading for

fire breaks can destroy populations and their habitat. For example,

grading destroyed about 3 percent of the C. ophiochilus population at

Vail Lake, north of SR 79 and 3 percent or more in the Agua Tibia

Wilderness of the Cleveland National Forest, south of SR 79 (Boyd et

al. 1989; Boyd 1991; S. Cochrane, in litt. 1993).

Of 32 known populations of Berberis nevinii, those occurring in

alluvial scrub habitats have been the most heavily impacted (CNDDB

1992). Most of these populations have been extirpated by urban

development, road widening, or habitat degradation from excessive

recreational use. The quality of the remaining populations is poor

compared to historical accounts (Boyd 1987). The vast San Fernando

Valley alluvial scrub habitat has been largely urbanized, but once

supported numerous populations, including the type locality for B.

nevinii (Boyd 1987).

Nolina interrata and Fremontodendron mexicanum are being affected

by the same suite of threats that accompany the encroachment of

urbanization described above

ions is poor

compared to historical accounts (Boyd 1987). The vast San Fernando

Valley alluvial scrub habitat has been largely urbanized, but once

supported numerous populations, including the type locality for B.

nevinii (Boyd 1987).

Nolina interrata and Fremontodendron mexicanum are being affected

by the same suite of threats that accompany the encroachment of

urbanization described above. The Otay Ranch and BLM boundaries divide

Cedar Canyon in southern San Diego County near the Mexican border,

which is the only confirmed F. mexicanum population in the United

States and consists of 2 groups of F. mexicanum (CNDDB 1992). About 50

percent of the potentially occupied habitat of F. mexicanum exists on

BLM land and about 50 percent is on private property designated as open

space, which will be surrounded by residential development under the

Otay Ranch Plan (Ogden Environmental and Energy Services, Inc. 1992).

Habitat potentially occupied by F. mexicanum at Brown Field and Otay

Lakes is degraded by four-wheel drive roads and deep gully erosion.

Over 50 percent of the population of Nolina interrata exists on

private land zoned for development (Dice, pers. comm. 1995). The

primary population of N. interrata at McGinty Mountain is under

management by The Nature Conservancy, however, the remaining population

occurs in subdivided private ownerships (CNDDB 1993). Losses of N.

interrata to easements and grading have already occurred at McGinty

Mountain, and fragmentation and degradation of remaining habitat

continues (Dice, pers. comm. 1995). The future of the very large Sycuan

Mountain population is uncertain at the present even though the

landowner possesses development entitlements and CDFG may purchase a

portion of this population (Royce Riggan, RBR Associates, pers. comm.

easements and grading have already occurred at McGinty

Mountain, and fragmentation and degradation of remaining habitat

continues (Dice, pers. comm. 1995). The future of the very large Sycuan

Mountain population is uncertain at the present even though the

landowner possesses development entitlements and CDFG may purchase a

portion of this population (Royce Riggan, RBR Associates, pers. comm.

1993). Some of the smaller populations are on land owned by sand-mining

interests where mining-related activities, trash dumping, and access

roads are destroying and degrading its habitat.

B. Overutilization for commercial, recreational, scientific or

educational purposes. Fremontodendron mexicanum, Berberis nevinii and

Nolina interrata are sold in the nursery trade. However, reportedly

seed and cuttings of F. mexicanum and B. nevinii are derived from

existing cultivars (Elena Benge, Tree of Life Nursery, San Juan

Capistrano, California, pers. comm. 1995). Take of N. interrata plants

from the wild for the nursery trade has been identified as a threat to

the species (CDFG 1992). Access to most of the remaining locations of

all four plant species is limited by private property boundaries and/or

rugged terrain (CNNDB 1992, unpublished Service data).

C. Disease or predation. No evidence suggests that disease or

predation have affected the plant species under consideration herein.

D. The inadequacy of existing regulatory mechanisms

s a threat to

the species (CDFG 1992). Access to most of the remaining locations of

all four plant species is limited by private property boundaries and/or

rugged terrain (CNNDB 1992, unpublished Service data).

C. Disease or predation. No evidence suggests that disease or

predation have affected the plant species under consideration herein.

D. The inadequacy of existing regulatory mechanisms. Existing

regulatory mechanisms that could provide some protection for these

species in the United States include: (1) listing under the California

Endangered Species Act; (2) adequate consideration under the California

Environmental Quality Act (CEQA) and the National Environmental Policy

Act (NEPA); (3) local laws and regulations; (4) section 404 of the

Federal Clean Water Act, and section 1603 of the California Fish and

Game Code; (5) occurrence with other species protected by the Federal

Endangered Species Act; (6) adequate consideration in State or regional

conservation planning efforts such as the Natural Community

Conservation Planning Program and other wide range multispecies

efforts; (7) land acquisition and management by Federal, State, or

local agencies, or by private groups and organizations; and (8)

inclusion in Appendix I of CITES.

The California Fish and Game Commission has listed Nolina

interrata, Mahonia (=Berberis) nevinii, and Ceanothus ophiochilus as

endangered under the Native Plant Protection Act (NPPA) (California

Fish and Game Code, Div. 2, Chapter 10, section 1900 et seq.) and the

California Endangered Species Act (CESA) (Div. 3, Chapter 1.5, section

2050 et seq.). Fremontodendron mexicanum is included on List 1B of the

California Native Plant Society's Inventory of Rare and Endangered

Plants, which, in accordance with section 1901, chapter 10 of the

California Fish and Game Code, makes it eligible for State listing

de, Div. 2, Chapter 10, section 1900 et seq.) and the

California Endangered Species Act (CESA) (Div. 3, Chapter 1.5, section

2050 et seq.). Fremontodendron mexicanum is included on List 1B of the

California Native Plant Society's Inventory of Rare and Endangered

Plants, which, in accordance with section 1901, chapter 10 of the

California Fish and Game Code, makes it eligible for State listing.

Although NPPA and CESA both prohibit the ``take'' of State-listed

plants (Chapters 10 and 1.5, sections 1908 and 2080 respectively),

these statutes appear to inadequately protect against the taking of

such plants via habitat modification or land use change by the

landowner. After the California Department of Fish and Game notifies a

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

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

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

plant'' (California Fish and Game Code, Chapter 10, section 1913).

The California Environmental Quality Act (CEQA) (Public Resources

Code, section 21000 et seq.) requires a 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'' including those that are eligible for listing under NPPA

and CESA. 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 social and economic

considerations'' make mitigation infeasible (California Public

Resources Code, Guidelines, section 15093)

e or endangered plant

or animal'' including those that are eligible for listing under NPPA

and CESA. 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 social and economic

considerations'' make mitigation infeasible (California Public

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

projects may be approved that cause significant environmental damage,

such as destruction of endangered plant species. Protection of listed

plant species under CEQA is, therefore, dependent upon the discretion

of the lead agency.

While CEQA pertains to projects on non-Federal land, the National

Environmental Policy Act (NEPA) (42 U.S.C. 4321 to 4347) requires

disclosure of the environmental effects of projects within Federal

jurisdiction. Species that are listed by the State, but not proposed or

listed as threatened or endangered by the Federal government, are not

protected when a proposed Federal action is considered a ``categorical

exclusion.'' NEPA requires that each of the project alternatives

recommend ways to ``protect, restore and enhance the environment'' and

``avoid and minimize any possible adverse effects,'' when

implementation poses significant adverse impacts. However, it does not

require that the lead agency select an alternative with the least

significant impact to the environment (40 CFR, 1500 et seq.).

Land-use planning decisions, at the local level, are made on the

basis of environmental review documents, prepared in accordance with

CEQA or NEPA, which often do not adequately address ``foreseeable

future'' or ``cumulative'' impacts to non-listed species and their

habitat. As with section 404 permits described below, the Service's

comments through the NEPA and CEQA review processes are only advisory.

In 1991, the State of California established the Natural Community

Conservation Planning (NCCP) Act to address conservation needs

throughout the state

not adequately address ``foreseeable

future'' or ``cumulative'' impacts to non-listed species and their

habitat. As with section 404 permits described below, the Service's

comments through the NEPA and CEQA review processes are only advisory.

In 1991, the State of California established the Natural Community

Conservation Planning (NCCP) Act to address conservation needs

throughout the state. Chaparral and closed-coned coniferous forest

habitats and two of the four species (Nolina interrata and

Fremontodendron mexicanum) are being considered under the Multiple

Species Conservation Program (MSCP) plan. This program, under

development by the City of San Diego, County of San Diego, other

coastal cities, and private land owners, is a component of the NCCP

program. A draft plan for the MSCP has been developed but has not been

approved. As currently proposed, while the plan will benefit the

species, it will not preclude listing of F. mexicanum because of

extremely limited numbers of populations (1 confirmed in the United

States) and individuals (fewer than 100). While protection of N.

interrata would likely be adequate within those areas covered by the

MSCP (3 populations), the implementation of the MSCP would not likely

preclude the need for listing this species because significant

populations occur on unprotected lands east of the MSCP planning area.

The County of San Diego is in the process of planning for conservation

in the eastern portion of the county, but a draft plan is not expected

in the near future.

The Service is working with Riverside and San Bernardino counties

to create multispecies plans that may benefit Ceanothus ophiochilus and

Berberis nevinii. Both plans are in the planning stage and it is

uncertain to what degree they will be successful in providing

protection for these species. However, these multispecies plans will

likely provide significant benefits to both species. While B

The Service is working with Riverside and San Bernardino counties

to create multispecies plans that may benefit Ceanothus ophiochilus and

Berberis nevinii. Both plans are in the planning stage and it is

uncertain to what degree they will be successful in providing

protection for these species. However, these multispecies plans will

likely provide significant benefits to both species. While B. nevinii

is distributed beyond San Bernardino and Riverside counties, the

implementation of adequate biologically sound multispecies plans in

these counties may fulfill Endangered Species Act

requirements for this species within these counties.

Section 404 of the Clean Water Act, administered by the U.S. Army

Corps of Engineers (Corps), could provide for conservation or

protection of Berberis nevinii populations along alluvial features.

Alluvial scrub habitats, which historically supported Berberis nevinii,

have been reduced in extent by 95 percent due to urban and agricultural

development (CNDDB 1992, Rey-Vizgirdas 1994). These habitats must be

considered under CEQA or NEPA and may be regulated, in part, by the

permitting processes of the Corps under section 404 of the Clean Water

Act. Under section 404 the Corps regulates, through a permitting

program, the discharge of dredged or fill material into waters of the

United States. Waters of the U.S. include lakes, rivers, streams and

any wetlands adjacent to these features, as well as isolated wetland

areas. However, upland (non-wetland) areas are not subject to

regulation or protection under the Corps' regulatory program. Depending

on the frequency and duration of inundation, soil characteristics and

vegetative composition of B. nevinii habitat, potential habitat for the

species may not be within the jurisdictional boundaries of section 404.

As a result, any projects affecting such habitat likely would receive

no environmental review. Federal candidate species receive no special

consideration under section 404

epending

on the frequency and duration of inundation, soil characteristics and

vegetative composition of B. nevinii habitat, potential habitat for the

species may not be within the jurisdictional boundaries of section 404.

As a result, any projects affecting such habitat likely would receive

no environmental review. Federal candidate species receive no special

consideration under section 404. In addition, emergency flood control

measures may circumvent compliance with these statutes. For example, as

part of emergency measures, vegetation stripping occurred in Riverside

and San Bernardino counties throughout the potential range of B.

nevinii after flooding subsided in the spring of 1993.

The Act may incidentally afford protection to the species under

consideration in this proposal if they co-exist with species already

listed as threatened or endangered under the Act. The least Bell's

vireo (Vireo bellii pusillus), coastal California gnatcatcher

(Polioptila californica californica), southwestern willow flycatcher

(Empidonax traillii extimus), arroyo toad (Bufo microscaphus

californicus), slender-horned spineflower (Dodecahema leptoceras), and

Santa Ana River woolly star (Eriastrum densiflorum ssp. sanctorum) are

listed as endangered or threatened under the Act and occur within the

same geographical area as the species proposed herein. However, these

species are not found in the same habitat as three of the proposed

plant taxa. Though Berberis nevinii is known to occur in alluvial fan

scrub which is also known to be occupied by D. leptoceras, and E.

densiflorum ssp. sanctorum, these species are not known from any

specific site where B. nevinii also occurs.

The Nature Conservancy has acquired lands on Sycuan Peak and

McGinty Mountain in San Diego County, which protect part of the

population of Nolina interrata (CDFG 1992), however the amount of

habitat acquired is not adequate to ensure protection of the species

by D. leptoceras, and E.

densiflorum ssp. sanctorum, these species are not known from any

specific site where B. nevinii also occurs.

The Nature Conservancy has acquired lands on Sycuan Peak and

McGinty Mountain in San Diego County, which protect part of the

population of Nolina interrata (CDFG 1992), however the amount of

habitat acquired is not adequate to ensure protection of the species.

Acquisition of lands to protect Berberis nevinii and Fremontodendron

mexicanum has been proposed by the Bureau of Land Management (1992),

but the action has not yet been implemented. These actions would

increase protection for a small segment of the B. nevinii population,

and all of the known populations of F. mexicanum in the United States.

The proposed land acquisitions and management practices discussed

above would protect significant portions of the populations of the

plant species considered herein, and the Service supports their

implementation. However, these actions are only proposed and the

likelihood of their implementation is uncertain. Even if implemented,

they would not eliminate threats due to an alteration of the natural

fire periodicity, habitat fragmentation, and randomly occurring natural

events (discussed below). Significant portions of these plant

populations would still not have appropriate management or would be

outside the proposed areas of acquisition (with the exception of F.

mexicanum).

E. Other natural or manmade factors affecting their continued

existence. Fire management practices are adversely affecting Ceanothus

ophiochilus, Berberis nevinii, Nolina interrata, and Fremontodendron

mexicanum because the habitat requirements for these species depend

upon natural fire patterns. Alteration of natural fire periodicity can

have various adverse effects on plants that evolved to survive in an

ecosystem that included natural fires. Human population increases are

generally accompanied by increased incidence of local accidental fires

nevinii, Nolina interrata, and Fremontodendron

mexicanum because the habitat requirements for these species depend

upon natural fire patterns. Alteration of natural fire periodicity can

have various adverse effects on plants that evolved to survive in an

ecosystem that included natural fires. Human population increases are

generally accompanied by increased incidence of local accidental fires.

As regional population density continues to increase, fire suppression

measures are intensified in surrounding undeveloped areas. The natural

period between fires in these areas then may be lengthened. Also,

during fire events, bulldozers are used to scrape fire breaks through

vegetation to stop the advance of a fire. Fire breaks may increase

erosion on slopes which may slow chaparral (and species) recovery.

Although Ceanothus ophiochilus is dependent on occasional fires for

seed germination, it does not reproduce vegetatively after a fire. Very

high fire frequencies prevent newly germinated plants from reaching

reproductive maturity and will result in population declines or

extirpation once the underground seed bank has been depleted.

In other cases, the reduced frequency of fire due to fire

suppression programs can adversely affect the viability of plant

populations by reducing genetic diversity. While frequent fires are a

threat to the survival of Ceanothus ophiochilus, fire suppression would

also represent a threat to this species because it would inhibit seed

germination. Therefore, controlled burns may be necessary, in some

cases, to maintain population vigor and rejuvenation (Boyd 1991).

Likewise, flowering of Nolina interrata is stimulated by fire. In

the absence of fire, it reproduces primarily by cloning a new plant

from its underground caudex. Genetic diversity for N. interrata can

only be maintained if the plant flowers and reproduces sexually. One

population is cloned from a single female plant

, in some

cases, to maintain population vigor and rejuvenation (Boyd 1991).

Likewise, flowering of Nolina interrata is stimulated by fire. In

the absence of fire, it reproduces primarily by cloning a new plant

from its underground caudex. Genetic diversity for N. interrata can

only be maintained if the plant flowers and reproduces sexually. One

population is cloned from a single female plant. If populations are

entirely female, pollen from disjunct populations would be required for

flower fertilization. However, flowers in disjunct populations may not

bloom simultaneously since flowering is, in part, dependent upon fire

(Dice 1989).

The effects of altered fire frequencies on Berberis nevinii are not

known. Basal burls indicate that B. nevinii is able to stump sprout;

however, vegetative propagation has been unsuccessful in cultivation.

This species propagates in the wild by seed, but seed production and

fertility are sporadic.

Hybridization threatens Ceanothus ophiochilus throughout its

populations. Potential hybrids have been observed at the edge of the

Vail Lake population, near the contact zone with adjacent

metasedimentary substrates. The other three populations, located nearby

in the Agua Tibia Wilderness Area, have been significantly affected by

hybridization with C. crassifolius. At least 10 to 15 percent of two of

the Agua Tibia populations represent pure hybrid individuals and it is

likely that a large portion, or possibly all of the individuals in

these populations are introgressed to some degree (Shaffer 1993). The

hybridization is likely the result of disturbance by fire and fire

management practices such as bulldozed firebreaks (Chris Frazier, San

Diego State University, in litt. 1993).

Risk of extinction from naturally occurring events threatens all of

the

it is

likely that a large portion, or possibly all of the individuals in

these populations are introgressed to some degree (Shaffer 1993). The

hybridization is likely the result of disturbance by fire and fire

management practices such as bulldozed firebreaks (Chris Frazier, San

Diego State University, in litt. 1993).

Risk of extinction from naturally occurring events threatens all of

the

plant taxa discussed herein by virtue of their small population size

and limited distribution (e.g., the extant population of

Fremontodendron mexicanum is fewer than 100 individuals). Genetic

viability is reduced in small populations, making them more vulnerable

to extinction by manmade or natural events. Because N. interrata

reproduces by cloning, the status of genetic diversity in the remaining

populations is unkown. In addition, Barrett and Kohn (1991) maintain

that characteristics such as low reproductive success may be the result

of random genetic drift. Random genetic drift is the random change in

the gene frequency of a populations due to ``reshuffling'' of gametes

from generation to generation. This effect is amplified in small

isolated populations and can result in the prevalence of detrimental

characteristics in a population. The potential for local extirpation

owing to small population size can be exacerbated by environmental

conditions such as the recent drought. A single random event occurring

in a population center can decimate a species beyond recoverable

numbers. In the case of Berberis nevinii, most individuals are

concentrated in one locality in the Vail Lake area of Riverside County

(CNDDB 1992). The species is extremely vulnerable because its low

reproductive success rate (Mistretta 1989a) and disjunct distribution

decrease its ability to recover from naturally occurring events.

Ceanothus ophiochilus occurs only in southwestern Riverside County.

A few thousand individuals or less exist at each of three or four

localities (Shaffer 1993). Hybridization with C

side County

(CNDDB 1992). The species is extremely vulnerable because its low

reproductive success rate (Mistretta 1989a) and disjunct distribution

decrease its ability to recover from naturally occurring events.

Ceanothus ophiochilus occurs only in southwestern Riverside County.

A few thousand individuals or less exist at each of three or four

localities (Shaffer 1993). Hybridization with C. crassifolius may

reduce the effective reproductive population and intensify the adverse

effects of random genetic drift in the Agua Tibia populations (Barrett

and Kohn 1991). Due to the very small number of individuals and the

verified existence of only one U.S. population (CNNDB 1992),

Fremontodendron mexicanum is subject to the same adverse genetic and

naturally occurring random effects as C. ophiochilus (Barrett and Kohn

1991). One of the Dehesa Valley populations of Nolina interrata is

considered to be a single female clone (Dice, pers. comm. 1995).

Cloning makes N. interrata more vulnerable to extinction from naturally

occurring events, particularly when most of the populations are found

at only one location (Oberbauer 1979).

In summary, the decline of these species' ranges and populations

are attributable to loss or adverse modification of habitat by urban

development. The remaining habitat is more vulnerable to natural and

human-caused threats because it is fragmented and disjunct.

Recolonization of burned or modified habitats is unlikely because of

the long dispersal distance from other, if any, populations. Edaphic

(soil-related) endemism, a trait of all of these species, also limits

areas suitable for colonization. Currently healthy populations are more

subject to disease and disturbance because of the lack of gene flow

from other populations due to isolation. The small numbers and

concentrated populations of all these species also make them vulnerable

to extinction from naturally occurring events

atened. While N. interrata and C.

ophiochilus are not in danger of extinction throughout all or a

significant portion of their ranges, they are likely to become

endangered species within the foreseeable future. Both species are

fire-dependent for successful proliferation, and disruption of the

natural fire regime can prohibit future generations from establishing.

Continued hybridization of C. ophiochilus populations will impair their

reproductive success and alter the genetic makeup of the species.

Critical habitat is not being proposed for these species, as

discussed below.

Critical Habitat

Critical habitat, as defined by section 3 of the Act, is: (i) the

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

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

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

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

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

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

upon a determination that such areas are essential for the conservation

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

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

under the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

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

finds that designation of critical habitat is not prudent for these

species at this time

der the Act is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

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

finds that designation of critical habitat is not prudent for these

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.

The Service finds that designation of critical habitat for Berberis

nevinii, Ceanothus ophiochilus, Fremontodendron mexicanum, and Nolina

interrata is not prudent for these species at this time. The additional

protection provided by the designation of critical habitat is achieved

through section 7 of the Act which requires consultation with the

Service on any projects or activities authorized, funded or carried out

by Federal agencies. While actions by the U.S. Army Corps of Engineers,

the Forest Service, or may affect some populations of these species,

the majority of the populations of these species are on private land

with little or no Federal involvement. Therefore, the designation of

critical habitat for these taxa would not appreciably benefit the

species.

In addition, the publication of precise maps and descriptions of

critical habitat in the Federal Register would make these plants more

vulnerable to incidents of vandalism and, therefore, could contribute

to the decline of these species. The threat of potential vandalism in

response to listing a species has been identified by several sources

(Oberbauer 1979, Beauchamp 1993) and may be applicable to others

he publication of precise maps and descriptions of

critical habitat in the Federal Register would make these plants more

vulnerable to incidents of vandalism and, therefore, could contribute

to the decline of these species. The threat of potential vandalism in

response to listing a species has been identified by several sources

(Oberbauer 1979, Beauchamp 1993) and may be applicable to others

given their occurrence on predominantly private lands. All Federal and

state agencies and local planning agencies involved have been notified

of the location and importance of protecting these species' habitat.

Protection of these species' habitat will be addressed through the

recovery process. Therefore, the Service finds that designation of

critical habitat for these plants is not prudent at this time; such

designation likely would not provide any additional benefit to these

species beyond that provided through their listing as endangered or

threatened species.

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

practices. Recognition through listing encourages and results in

conservation actions by Federal, State, and private agencies, groups,

and individuals. The Act provides for possible land acquisition and

cooperation with the States and requires that recovery 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, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402

listed plants are discussed, in part, below.

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

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(4) requires Federal agencies to confer

informally 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.

Federal agencies expected to have involvement with Berberis

nevinii, Ceanothus ophiochilus, Fremontodendron mexicanum, and Nolina

interrata include the United States Forest Service (USFS), BLM, Corps,

Federal Highway Administration, and the Immigration and Naturalization

Service. These agencies either administer lands containing these

species or authorize, fund, or otherwise conduct activities that may

affect these species.

The Act and its implementing regulations found at 50 CFR section

17.61, 17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. With respect to the

four plant taxa considered herein, all trade prohibitions of section

9(a)(2) of the Act, implemented by 50 CFR 17.61, would apply

otherwise conduct activities that may

affect these species.

The Act and its implementing regulations found at 50 CFR section

17.61, 17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. With respect to the

four plant taxa considered herein, all trade prohibitions of section

9(a)(2) of the Act, implemented by 50 CFR 17.61, would 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 to possession any such species from areas under Federal

jurisdiction. In addition, the 1988 amendments (P.L. 100-478) to the

Act make it illegal to maliciously damage or destroy any such species

on areas under Federal jurisdiction or remove, cut, dig up, damage or

destroy any such species in knowing violation of any State law or

regulation, including State criminal trespass law. Certain exceptions

apply to agents of the Service and State conservation agencies.

The Act and 50 CFR 17.62, 17.63 and 17.72 also provide for the

issuance of permits to carry out otherwise prohibited activities

involving endangered and threatened plants under certain circumstances.

It is anticipated that trade permits will be sought and issued for at

least two of the plant species considered herein that are common in

cultivation, Berberis nevinii and Fremontodendron mexicanum. Requests

for copies of regulations on listed plants and inquiries regarding them

may be addressed 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, FAX 503/231-6243).

Nolina interrata is included in Appendix I of CITES. CITES is a

treaty established to prevent international trade that may be

detrimental to the survival of plants and animals

uiries regarding them

may be addressed 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, FAX 503/231-6243).

Nolina interrata is included in Appendix I of CITES. CITES is a

treaty established to prevent international trade that may be

detrimental to the survival of plants and animals.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not be likely to constitute a violation

of section 9 of the Act. Such information is intended to clarify the

potential impacts of a species' listing on proposed and ongoing

activities within the species' range. All four taxa have populations

that occur on either USFS lands or lands managed by BLM. Collection,

damage or destruction of these species on Federal lands would be

prohibited, although in appropriate cases a Federal endangered species

permit may be issued to allow collection. Such activities on non-

Federal lands would constitute a violation of section 9 if conducted in

knowing violation of California State law or regulations, or in

violation of State criminal trespass law.

Three of the proposed species are of horticultural interest and

both are currently in commercial trade, Berberis nevinii,

Fremontodendron mexicanum, and Nolina interrata. Intrastate commerce is

not prohibited under the Act. However, interstate and foreign commerce

would require a Federal endangered species permit. However, 50 CFR Part

17.71(a) does not prohibit any activities with seeds of cultivated

threatened species provided that a statement that the seeds are of

``cultivated origin'' accompanies the seeds or their container during

the course of the activity

trastate commerce is

not prohibited under the Act. However, interstate and foreign commerce

would require a Federal endangered species permit. However, 50 CFR Part

17.71(a) does not prohibit any activities with seeds of cultivated

threatened species provided that a statement that the seeds are of

``cultivated origin'' accompanies the seeds or their container during

the course of the activity. Other than possible interstate commerce by

the public that would be affected by this proposed listing, the Service

is not aware of any other activities being conducted by the public that

would be affected by this proposal 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 Carlsbad Field Office (see ADDRESSES section).

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 Berberis nevinii, Ceanothus ophiochilus,

Fremontodendron mexicanum, and Nolina interrata;

(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

eof) to Berberis nevinii, Ceanothus ophiochilus,

Fremontodendron mexicanum, and Nolina interrata;

(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 area and their

possible impacts on these species.

The 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 in the Federal Register. Such requests must

be made in writing and addressed to the Field Supervisor of the

Carlsbad Field Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, as defined under the

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

prepared in connection with regulations adopted pursuant to section

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

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

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

References Cited

A complete list of all references cited herein is available upon

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

(see ADDRESSES above).

Author

This proposed rule was prepared by the staff of the Carlsbad Field

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

lable upon

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

(see ADDRESSES above).

Author

This proposed rule was prepared by the staff of the Carlsbad Field

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

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.

* * * * *

(h) * * *

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

Species

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

Scientific name Common name listed habitat rules

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

* * * * * *

*

Flowering Plants

* * * * * *

*

Berberis nevinii Nevin's barberry U.S.A. (CA).... Berberidaceae.. E NA NA

* * * * * *

*

Ceanothus Vail Lake U.S.A. (CA).... Rhamnaceae..... T NA NA

ophiochilus. ceanothus.

* * * * * *

*

Fremontodendron Mexican U.S.A. (CA), Sterculiaceae.. E NA NA

mexicanum. flannelbush. Mexico.

* * * * * *

*

Nolina interrata Dehesa beargrass U.S.A. (CA), Liliaceae...... T ......... NA NA

Mexico.

* * * * * *

*

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

.... T NA NA

ophiochilus. ceanothus.

* * * * * *

*

Fremontodendron Mexican U.S.A. (CA), Sterculiaceae.. E NA NA

mexicanum. flannelbush. Mexico.

* * * * * *

*

Nolina interrata Dehesa beargrass U.S.A. (CA), Liliaceae...... T ......... NA NA

Mexico.

* * * * * *

*

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

Dated: September 20, 1995.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 95-24333 Filed 9-29-95; 8:45 am]

BILLING CODE 4310-55-P