Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Plant Eriogonum Apricum (Ione Buckwheat) and Proposed Threatened Status for the Plant Arctostaphylos Myrtifolia (Ione Manzanita)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE25

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Plant Eriogonum Apricum (Ione Buckwheat) and

Proposed Threatened Status for the Plant Arctostaphylos Myrtifolia

(Ione Manzanita)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes endangered

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

(Act), for Eriogonum apricum (inclusive of vars. apricum and

prostratum) (Ione buckwheat). The Service also proposes threatened

status for Arctostaphylos myrtifolia (Ione manzanita). These two

species occur primarily on soils derived from the Ione Formation in

Amador or Calaveras counties in the central Sierra Nevada foothills of

California and are imperiled by one or more of the following factors--

mining, clearing of vegetation for agriculture and fire protection,

disease, inadequate regulatory mechanisms, habitat fragmentation,

residential and commercial development, changes in fire frequency, and

continued erosion due to prior off-road vehicle use. Random events

increase the risk to the few, small populations of E. apricum. This

proposal, if made final, would implement the Federal protection and

recovery provisions afforded by the Act for these plants.

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

25, 1997. Public hearing requests must be received by August 11, 1997.

ADDRESSES: Comments and materials concerning this proposal should be

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

Wildlife Service, 3310 El Camino Avenue, Suite 130, Sacramento,

California 95821-6340. Comments and materials received, as well as the

supporting documentation used in preparing the rule, will be available

for public inspection, by appointment, during normal business hours at

the above address.

rning this proposal should be

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

Wildlife Service, 3310 El Camino Avenue, Suite 130, Sacramento,

California 95821-6340. Comments and materials received, as well as the

supporting documentation used in preparing the rule, will be available

for public inspection, by appointment, during normal business hours at

the above address.

FOR FURTHER INFORMATION CONTACT: Kirsten Tarp, Sacramento Field Office

(see ADDRESSES section) (telephone 916/979-2120; facsimile 916/979-

2128).

SUPPLEMENTARY INFORMATION:

Background

Arctostaphylos myrtifolia (Ione manzanita), Eriogonum apricum var.

apricum (Ione buckwheat), and Eriogonum apricum var. prostratum (Irish

Hill buckwheat) are found primarily in western Amador County, about 70

kilometers (km) (40 miles (mi)) southeast of Sacramento in the central

Sierra Nevada foothills of California. Most populations occur at

elevations between 90 and 280 meters (m) (280 to 900 feet (ft)). A few

isolated occurrences of A. myrtifolia occur in adjacent northern

Calaveras County.

Both species included in this proposal exhibit marked substrate

preferences and grow in openings within chaparral vegetation on

lateritic soils crusts (cement-like crusts of yellow iron oxide)

developed under a subtropical or tropical climate during the Eocene

(35-57 million years before present); the laterite is associated with

the Ione Formation (Allen 1929). The ``Ione soils'' in the area are

coarse-textured and exhibit soil properties typical of those produced

under tropical climates such as high acidity, high aluminum content,

and low fertility (Singer 1978). These soils and the sedimentary

deposits with which they are associated also contain large amounts of

commercially valuable minerals including quartz sands, kaolinitic

clays, lignite (low-grade coal), and possible gold-bearing gravels

(Chapman and Bishop 1975). The nearest modern-day relatives to these

soils occur in Hawaii and Puerto Rico (Singer 1978)

tent,

and low fertility (Singer 1978). These soils and the sedimentary

deposits with which they are associated also contain large amounts of

commercially valuable minerals including quartz sands, kaolinitic

clays, lignite (low-grade coal), and possible gold-bearing gravels

(Chapman and Bishop 1975). The nearest modern-day relatives to these

soils occur in Hawaii and Puerto Rico (Singer 1978).

The vegetation in the Ione area is distinctive enough to be

designated as ``Ione chaparral'' in a classification of plant

communities in California (Holland 1986). Stebbins (1993) characterized

the Ione chaparral as an ecological island, which he defined as a

relatively small area with particular climatic and ecological features

that differ significantly from surrounding areas. This plant community

occurs only on very acidic, nutrient-poor, coarse soils, and is

comprised of low-growing heath-like shrubs and scattered herbs (Holland

1986). The dominant shrub is Arctostaphylos myrtifolia, which is

narrowly endemic to the area. Ione chaparral is restricted in

distribution to the vicinity of Ione in Amador County, and a few local

areas of adjacent northern Calaveras County where the community is

estimated to cover 2,430 hectares (ha) (6,000 acres (ac)) (California

Natural Diversity Database (CNDDB) 1994). The endemic plants that grow

here are thought to do so because they can tolerate the acidic,

nutrient-poor conditions of the soil which exclude other plant species;

the climate of the area may be moderated by its position due east of

the Golden Gate (Gankin and Major 1964, Roof 1982).

Discussion of the Two Species Proposed for Listing

Parry (1887) described Arctostaphylos myrtifolia based upon

material collected near Ione, California. Subsequent authors variously

treated this taxon as Uva-ursi myrtifolia (Abrams 1914), A. nummularia

var. myrtifolia (Jepson 1922), Schizococcus myrtifolius (Eastwood

1934), and Arctostaphylos uva-ursi ssp. myrtifolia (Roof 1982). Wells

2).

Discussion of the Two Species Proposed for Listing

Parry (1887) described Arctostaphylos myrtifolia based upon

material collected near Ione, California. Subsequent authors variously

treated this taxon as Uva-ursi myrtifolia (Abrams 1914), A. nummularia

var. myrtifolia (Jepson 1922), Schizococcus myrtifolius (Eastwood

1934), and Arctostaphylos uva-ursi ssp. myrtifolia (Roof 1982). Wells

(1993), in his treatment of California Arctostaphylos, maintained the

species as A. myrtifolia.

Arctostaphylos myrtifolia is an evergreen shrub of the heath family

(Ericaceae) that lacks a basal burl. Attaining a height of generally

less than 1.2 m (3.8 ft), plants appear low and spreading. The bark is

red, smooth, and waxy. Olive green, narrowly elliptic leaves are 6 to

15 millimeters (mm) (0.2 to 0.6 inches (in.)) long. Red scale-like

inflorescence bracts are 1 to 2 mm (0.1 in.) long. White or pinkish

urn-shaped flowers appear from January to February. The fruit is

cylindric. The species depends almost entirely on fire to promote seed

germination (Wood and Parker 1988). Arctostaphylos myrtifolia can be

distinguished from other species in the same genus by its smaller

stature and the color of its leaves.

Arctostaphylos myrtifolia is reported from 17 occurrences (CNDDB

1997). Because most of these occurrences are based on the collection

localities of individual specimens, it is uncertain how many stands

these 17 occurrences represent. Arctostaphylos myrtifolia may occur in

about 100 individual stands which cover a total of about 400 ha (1,000

ac) (Roy Woodward, Bechtel, in litt. 1994). It occurs primarily on

outcrops of the Ione Formation within an area of about 91 square (sq.)

km (35 sq. mi) in Amador County. In addition, a few disjunct

populations occur in Calaveras County. The populations range in

elevation from 60 to 580 m (190 to 1900 ft), with the largest

populations occurring at elevations between 90 and 280 m (280 and 900

ft) (Wood and Parker 1988)

in litt. 1994). It occurs primarily on

outcrops of the Ione Formation within an area of about 91 square (sq.)

km (35 sq. mi) in Amador County. In addition, a few disjunct

populations occur in Calaveras County. The populations range in

elevation from 60 to 580 m (190 to 1900 ft), with the largest

populations occurring at elevations between 90 and 280 m (280 and 900

ft) (Wood and Parker 1988). Arctostaphylos myrtifolia is the dominant

and characteristic species of Ione chaparral, where it occurs in pure

stands. It also occurs in an ecotone with surrounding taller chaparral

types, but it does not persist if it is shaded (R. Woodward, in litt.

1994). It is impossible to quantify the amount of A. myrtifolia habitat

already lost to mining because information

regarding the total mineral production as well as the total acreage of

land newly disturbed by a mining operation is proprietary (Maryann

Showers, California Department of Mining and Geology, pers. comm.

1994). Although the exact area of habitat lost is unknown, a

significant loss of habitat has occurred (Roof 1982; Stebbins 1993;

Wood, in litt. 1994). Mining, disease, clearing of vegetation for

agriculture and fire protection, inadequate regulatory mechanisms,

habitat fragmentation, residential and commercial development, changes

in fire frequency, and ongoing erosion threaten various populations of

this plant (CNDDB 1997; Ed Bollinger, Acting Area Manager, Bureau of

Land Management (BLM), Folsom Resource Area, in litt. 1994, Michael

Wood, Botanical Consultant, in litt. 1994). Arctostaphylos myrtifolia

occurs primarily on private or non-Federal lands. The BLM manages one

occurrence on the Ione Manzanita Area of Critical Environmental Concern

(ACEC). Four small, pure populations and several smaller, mixed

populations also occur on the state-owned Apricum Hill Ecological

Reserve managed by the California Department of Fish and Game (CDFG)

(Wood and Parker 1988).

Eriogonum apricum comprises two varieties--Eriogonum apricum var

Federal lands. The BLM manages one

occurrence on the Ione Manzanita Area of Critical Environmental Concern

(ACEC). Four small, pure populations and several smaller, mixed

populations also occur on the state-owned Apricum Hill Ecological

Reserve managed by the California Department of Fish and Game (CDFG)

(Wood and Parker 1988).

Eriogonum apricum comprises two varieties--Eriogonum apricum var.

apricum and E. apricum var. prostratum. Descriptions are provided below

for each of the varieties.

Howell described the species Eriogonum apricum (Ione buckwheat) in

1955 based on a specimen collected in the foothills of the Sierra

Nevada near Ione, Amador County, California. Myatt described a variety

of the Ione buckwheat, E. apricum var. prostratum (Irish Hill

buckwheat) in 1970. According to the rules for botanical nomenclature,

when a new variety is described in a species not previously divided

into infraspecific taxa, an autonym (an automatically generated name)

is created. In this case, the autonym is Eriogonum apricum var.

apricum.

Both varieties, Eriogonum apricum vars. apricum and prostratum, are

perennial herbs in the buckwheat family (Polygonaceae). Eriogonum

apricum var. apricum is glabrous (smooth, without hairs or glands) and

grows upright to 8 to 20 centimeters (cm) (3 to 8 in.) in height. Its

leaves are basal, round to oval, and 3 to 5 mm (0.1 to 0.3 in.) wide.

The calyx (outer whorl of flower parts) is white with reddish midribs.

Eriogonum apricum var. apricum flowers from July to October, and is

restricted to 9 occurrences occupying a total of approximately 4 ha (10

ac) (The Nature Conservancy 1984) on otherwise barren outcrops within

the Ione chaparral. Of the 9 known occurrences of E. apricum var.

apricum, one is partially protected by CDFG (CNDDB 1994). Eriogonum

apricum var. apricum occurs primarily on private or non-Federal land;

BLM manages one occurrence

ly to October, and is

restricted to 9 occurrences occupying a total of approximately 4 ha (10

ac) (The Nature Conservancy 1984) on otherwise barren outcrops within

the Ione chaparral. Of the 9 known occurrences of E. apricum var.

apricum, one is partially protected by CDFG (CNDDB 1994). Eriogonum

apricum var. apricum occurs primarily on private or non-Federal land;

BLM manages one occurrence. Mining, clearing of vegetation for

agriculture and for fire protection, inadequate regulatory mechanisms,

habitat fragmentation, increased residential development, and erosion

threaten both populations of this plant.

Eriogonum apricum var. prostratum has smaller leaves, a prostrate

habit (lying flat), and an earlier flowering time than E. apricum var.

apricum. The 2 known occurrences of E. apricum var. prostratum are

restricted to otherwise barren outcrops on less than 0.4 ha (1 ac) in

openings of Ione chaparral on private land. Mining, inadequate

regulatory mechanisms, habitat fragmentation, erosion, and random

events threaten the occurrences of this plant.

Previous Federal Action

Federal government actions on both plants began as a result of

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

1531 et seq.), which directed the Secretary of the Smithsonian

Institution to prepare a report on those plants considered to be

endangered, threatened, or extinct in the United States. This report,

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

January 9, 1975, and included Arctostaphylos myrtifolia, Eriogonum

apricum var. apricum and E. apricum var. prostratum as endangered

species. The Service published a notice on July 1, 1975 (40 FR 27823)

of its acceptance of the report of the Smithsonian Institution as a

petition within the context of section 4(c)(2) (petition provisions are

now found in section 4(b)(3) of the Act) and its intention to review

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

included in the July 1, 1975, notice

dangered

species. The Service published a notice on July 1, 1975 (40 FR 27823)

of its acceptance of the report of the Smithsonian Institution as a

petition within the context of section 4(c)(2) (petition provisions are

now found in section 4(b)(3) of the Act) and its intention to review

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

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

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

vascular plant species to be endangered species pursuant to section 4

of the Act. The list of 1,700 plant taxa was assembled on the basis of

comments and data received by the Smithsonian Institution and the

Service in response to House Document No. 94-51 and the July 1, 1975,

Federal Register publication. Arctostaphylos myrtifolia, E. apricum

var. apricum, and E. apricum var. prostratum were included in the June

16, 1976, Federal Register document.

General comments received in relation to the 1976 proposal were

summarized in an April 26, 1978, rule (43 FR 17909). Amendments to the

Act in 1978 required that all proposals over 2 years old be withdrawn.

A 1-year grace period was given to those proposals already more than 2

years old. In a December 10, 1979, notice (44 FR 70796), the Service

withdrew the June 16, 1976, proposal, along with four other proposals

that had expired.

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

1980 (45 FR 82480) that listed those plants currently considered for

listing as endangered or threatened. The three taxa were included as

candidates for Federal listing in this document. Candidate taxa are

those for which the Service has on file substantial information on

biological vulnerability and threats to support preparation of listing

proposals. The November 28, 1983, supplement to the Notice of Review

(48 FR 53640) made no changes to the designation for these taxa

ndangered or threatened. The three taxa were included as

candidates for Federal listing in this document. Candidate taxa are

those for which the Service has on file substantial information on

biological vulnerability and threats to support preparation of listing

proposals. The November 28, 1983, supplement to the Notice of Review

(48 FR 53640) made no changes to the designation for these taxa.

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

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

51144). In these three notices, Arctostaphylos myrtifolia, Eriogonum

apricum var. apricum and E. apricum var. prostratum were again included

as candidates. All three taxa were also included as candidates in the

February 28, 1996, Notice of Review (61 FR 7596).

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

certain 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 Arctostaphylos

myrtifolia, Eriogonum apricum var. apricum and E. apricum var.

prostratum, because the 1975 Smithsonian report had been accepted as a

petition. On October 13, 1982, the Service found that the petitioned

listing of these species was warranted, but precluded by other pending

listing actions, in accordance with section 4(b)(3)(B)(iii) of the Act;

notification of this finding was published on January 20, 1984 (49 FR

2485). Such a finding requires the petition to be recycled, pursuant to

section 4(b)(3)(C)(I) of the Act. The finding was reviewed annually in

October of 1983 through 1994. Publication of this proposal constitutes

the final finding for the petitioned action.

Eriogonum apricum has a listing priority number of 2 (each variety

has a listing priority number of 3).

shed 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 annually in

October of 1983 through 1994. Publication of this proposal constitutes

the final finding for the petitioned action.

Eriogonum apricum has a listing priority number of 2 (each variety

has a listing priority number of 3).

Arctostaphylos myrtifolia has a listing priority number of 8.

Processing of this rule is a Tier 3 action under the current listing

priority guidance (61 FR 64480).

Summary of Factors Affecting the Species

Section 4 of the Act and regulations (50 CFR part 424) promulgated

to implement the listing provisions of the Act set forth the procedures

for adding species to the Federal lists of endangered and threatened

species. A species may be determined to be endangered or threatened due

to one or more of the five factors described in section 4(a)(1). These

factors and their application to Arctostaphylos myrtifolia C. Parry

(Ione manzanita) and Eriogonum apricum J. Howell (inclusive of vars.

apricum and prostratum R. Myatt) (Ione buckwheat) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Nearly all occurrences of both

plant species occur on private or non-Federal land. The primary threat

facing both species is the ongoing and threatened destruction and

modification of their habitat by mining for silica sand, clay, lignite,

common sand and gravel, and reclamation of mined lands to vegetation in

which these species cannot exist. A lesser degree of threat is posed by

commercial or residential development, clearing for agriculture and

fire protection, and continued erosion due to previous fireline

construction and a driver training course used by fire fighters.

The habitat of Arctostaphylos myrtifolia and Eriogonum apricum

occurs in areas that contain valuable minerals. Clay mining began in

the Ione area around 1860

. A lesser degree of threat is posed by

commercial or residential development, clearing for agriculture and

fire protection, and continued erosion due to previous fireline

construction and a driver training course used by fire fighters.

The habitat of Arctostaphylos myrtifolia and Eriogonum apricum

occurs in areas that contain valuable minerals. Clay mining began in

the Ione area around 1860. Since this time, the Ione area has produced

about a third of the fire clay in California (Chapman and Bishop 1975).

Lignite, a low-grade coal, also has been mined in the Ione area since

the early 1860's, initially as a fuel source, but more recently for wax

used for industrial purposes. Chapman and Bishop (1975) reported the

Ione lignites were the only lignites used commercially in the United

States in the production of a specialized wax (montan wax). Quartz sand

used in making glass containers, and laterite, used for making cement,

also are commercially mined in the Ione area (Chapman and Bishop 1975).

Common sands and gravels are also mined for various uses. Mining of all

of these deposits has resulted in the direct removal of habitat for

both plant species (Michael Wood, Botanical Consultant, in litt. 1994;

Wood and Parker 1988; V. Thomas Parker, San Francisco State University,

in litt. 1994). Strip mining of silica for glass and clay for ceramics

and industrial filters has extirpated populations of A. myrtifolia

north and south of Highway 88 (Roof 1982).

By 1982, a significant amount of habitat already had been lost

(Roof 1982; Stebbins 1993; Wood, in litt. 1994). Fifteen active surface

mines on private land near Ione continue to remove the habitat of both

plants; approved reclamation plans show that in excess of 1,400 ha

(3,500 ac) of surface removal will occur (mining reports on file at

California Department of Geology and Mines; CDFG 1992; V. Thomas

Parker, in litt. 1994; Michael K. Wood, in litt. 1994)

oof 1982; Stebbins 1993; Wood, in litt. 1994). Fifteen active surface

mines on private land near Ione continue to remove the habitat of both

plants; approved reclamation plans show that in excess of 1,400 ha

(3,500 ac) of surface removal will occur (mining reports on file at

California Department of Geology and Mines; CDFG 1992; V. Thomas

Parker, in litt. 1994; Michael K. Wood, in litt. 1994). The exact

amount of habitat loss to date cannot be quantified because information

regarding the total mineral production as well as the total acreage of

land newly disturbed by a mining operation is proprietary (Maryann

Showers, pers. comm. 1994). Based on an estimate derived from mining

reports on file at California Department of Geology and Mines, over

half of the Ione chaparral habitat, numerous stands of Arctostaphylos

myrtifolia, and most of the occurrences of Eriogonum apricum occur

within areas that will be impacted by the 15 mines. Mining has

eliminated several populations of A. myrtifolia south of Ione since

1990 (V. Thomas Parker, in litt. 1994). The East Lambert Project, a

proposed open pit to mine clay, lignite, and silica, if approved, would

remove part of a population of A. myrtifolia. Clay mining threatens one

of the two remaining populations of Eriogonum apricum var. prostratum

(CDFG 1991). The second population is not protected and potentially

could be mined (CDFG 1991). Most of the 9 populations of E. apricum

var. apricum occur on private land that is not protected and could be

mined.

As discussed in Factor D, mining reclamation results in conversion

of former habitat to rangeland, pasture, and other agricultural uses.

Additionally, once the area is mined, the specialized substrate

required by the plants may no longer be present. This type of

disturbance permanently precludes restoration of habitat suitable for

Arctostaphylos myrtifolia and Eriogonum apricum

d clearing for fire protection, pastures,

buildings, and infrastructure (G. Clark, in litt. 1994). Clearing

destroys individual plants of both species and fragments and degrades

the habitat.

Mining operations, land clearing for agriculture; and commercial

and residential development have fragmented and continue to fragment

and isolate the habitat of Arctostaphylos myrtifolia in Amador County.

Habitat fragmentation may disrupt natural ecosystem processes by

changing the amount of incoming solar radiation, water, wind, and/or

nutrients (Saunders et al. 1991) and further exacerbates the impacts of

mining, off-road vehicular use, and other human activities.

The population of Arctostaphylos myrtifolia occurring on the BLM

Ione Manzanita ACEC was degraded by California Department of Forestry's

training activities. Building firelines and conducting driver training

courses resulted in a criss-crossing of roads and trails within the

ACEC that reduced and fragmented the habitat (BLM 1989). Although these

practices were discontinued in 1991 the roads have not revegetated

naturally and continued erosion of the roads and adjacent habitat

remains a concern (Ed Bollinger, BLM, Folsom Resource Area, in litt.

1994).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not currently known to be a

factor for the two plants, but unrestricted collecting for scientific

or horticultural purposes or excessive visits by individuals interested

in seeing rare plants could potentially result for Eriogonum apricum

from increased publicity as a result of this proposal.

C. Disease or predation. Livestock graze one population of

Eriogonum apricum var. prostratum, but grazing is not considered to be

harmful (CNDDB

wo plants, but unrestricted collecting for scientific

or horticultural purposes or excessive visits by individuals interested

in seeing rare plants could potentially result for Eriogonum apricum

from increased publicity as a result of this proposal.

C. Disease or predation. Livestock graze one population of

Eriogonum apricum var. prostratum, but grazing is not considered to be

harmful (CNDDB

1994). An unidentified fungal pathogen has caused major die-back of

partial or entire stands of Arctostaphylos myrtifolia throughout its

range (Wood and Parker 1988; Wood, in litt. 1994). The majority of

populations of A. myrtifolia show signs of die-back. The fungal disease

is a serious problem for the populations south of Ione (M. Wood, pers.

comm. 1994). Stands along Highway 88 that were healthy a few years ago

are being killed with little evidence of seedlings regeneration (Neil

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

1994). Wood and Parker conducted a series of controlled burns to test

the regeneration of stands that had no, partial, and complete die-back.

To date, stands that were completely killed by the fungus before

burning have not regenerated. Healthy and partially affected stands

regenerated, but it is not yet known if this regeneration will result

in healthy stands (M. Wood, in litt. 1994).

D. The inadequacy of existing regulatory mechanisms. Eriogonum

apricum vars. apricum and prostratum are listed as endangered under the

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

the California Fish and Game Code and Title 14 California Code of

Regulations 670.2). Individuals are required to obtain a management

authorization with the California Department of Fish and Game (CDFG) to

possess or ``take'' a listed species under the California Endangered

Species Act. Although the ``take'' of State-listed plants is prohibited

(California Native Plant Protection Act, chapter 10 sec. 1908 and

California Endangered Species Act, chapter 1.5 sec

gulations 670.2). Individuals are required to obtain a management

authorization with the California Department of Fish and Game (CDFG) to

possess or ``take'' a listed species under the California Endangered

Species Act. Although the ``take'' of State-listed plants is prohibited

(California Native Plant Protection Act, chapter 10 sec. 1908 and

California Endangered Species Act, chapter 1.5 sec. 2080), State law

appears to exempt the taking of such plants via habitat modification or

land use changes by the owner. This State law does not necessarily

prohibit activities that could extirpate this species. After CDFG

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

property, State law requires only that the land owner notify the agency

``at least 10 days in advance of changing the land use to allow salvage

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

Ten days may not allow adequate time for agencies to coordinate the

salvage of the plants.

The California Environmental Quality Act (CEQA) (chapter 2 section

21050 et seq. of the California Public Resources Code) 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, now undergoing amendment, 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 are given the same protection as species officially listed

under the State or Federal governments

ject. Section

15065 of the CEQA guidelines, now undergoing amendment, 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 are given the same protection as species officially listed

under 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

the destruction of State-listed endangered species. The protection of

Eriogonum apricum var. apricum, E. apricum var. prostratum, and

Arctostaphylos myrtifolia under CEQA is therefore dependent upon the

discretion of the lead agency.

Section 21080(b) of CEQA allows certain projects to be exempted

from the CEQA process. Ministerial projects, those projects that the

public agency must approve after the applicant shows compliance with

certain legal requirements, may be approved or carried out without

undertaking CEQA review. Examples of ministerial projects include final

subdivision map approval and most building permits (Bass and Herson

1994).

The California Surface and Mining Reclamation Act of 1975 (CSMRA)

(chapter 9, section 2710 et seq. of the California Public Resources

Code) requires that adverse environmental effects are prevented or

minimized and that mined lands are reclaimed to a useable condition

that is readily adaptable for alternative land uses. Although CSMRA

requires reclamation for mining activities, the standards for

reclamation and the success of any revegetation is judged on the

approved end use of the land

of the California Public Resources

Code) requires that adverse environmental effects are prevented or

minimized and that mined lands are reclaimed to a useable condition

that is readily adaptable for alternative land uses. Although CSMRA

requires reclamation for mining activities, the standards for

reclamation and the success of any revegetation is judged on the

approved end use of the land. Approved examples of these end uses for

mining activities within the Ione area include water storage for

irrigation, grazing, rangeland, seeding with grasses for pasture, and

intensive agriculture (mining reports on file at California Department

of Geology and Mines). CSMRA does not require replacement of the same

vegetation type, species, or percentage of vegetation cover as the

habitat that is lost. No approved mining reclamation plans included

measures to attempt restoration of either Arctostaphylos myrtifolia or

Eriogonum apricum, although one plan indicated an intention to allow A.

myrtifolia, known to occur on the site, to re-establish itself (mining

reports on file at California Department of Geology and Mines). As a

result, reclamation of mining impacts will not result in re-

establishment of the native vegetation. CSMRA also does not apply to

the prospecting or extraction of minerals for commercial purposes, as

well as the removal of material that lies above or between natural

mineral deposits in amounts less than 760 cubic m (1,000 cubic yards)

in any location of 0.4 ha (1 ac) or less.

CSMRA is also inadequate for protection of the species subject to

this proposed rule because reclamation plans are required to be

submitted only for operations conducted after January 1, 1976. Surface

mining operations that were permitted or authorized prior to January 1,

1976, are not required to submit reclamation plans as long as no

substantial changes are made in their operation. The lead agency is

responsible for determining what constitutes a substantial change in

operation

se reclamation plans are required to be

submitted only for operations conducted after January 1, 1976. Surface

mining operations that were permitted or authorized prior to January 1,

1976, are not required to submit reclamation plans as long as no

substantial changes are made in their operation. The lead agency is

responsible for determining what constitutes a substantial change in

operation.

Although the City of Ione General Plan and the Environmental Impact

Report of the Banks annexation to the City of Ione includes the

protection of Arctostaphylos myrtifolia and Eriogonum apricum as a

goal, the City has no regulatory mechanism to stop land clearing and/or

preserve natural habitat (R. Johnsen, in litt. 1994).

Two preserves support occurrences of Arctostaphylos myrtifolia and

Eriogonum apricum var. apricum. The Apricum Hill Ecological Reserve,

managed by the California Department of Fish and Game, is about 15.2 ha

(37.5 ac). The Ione manzanita ACEC, managed by BLM, covers 35 ha (86

ac). Because both preserves are small, they are subject to edge effects

such as shading by taller shrubs or competition with invasive

vegetation (see Factor A and E for more detail).

E. Other natural or manmade factors affecting its continued

existence. The effects of altered fire periodicity on Arctostaphylos

myrtifolia have not been well studied. Arctostaphylos myrtifolia lacks

the ability to crown sprout and is killed outright by fire. It must,

therefore, reproduce by seed. Abundant post-fire seed germination has

been reported by Roof (1982) and by Woodward (in litt. 1994) who also

reported successful reestablishment of the species on ground scraped by

tractors during a fire suppression operation. The response of A.

myrtifolia to fire appears, however, to be irregular and unpredictable

(Wood and Parker 1988).

ight by fire. It must,

therefore, reproduce by seed. Abundant post-fire seed germination has

been reported by Roof (1982) and by Woodward (in litt. 1994) who also

reported successful reestablishment of the species on ground scraped by

tractors during a fire suppression operation. The response of A.

myrtifolia to fire appears, however, to be irregular and unpredictable

(Wood and Parker 1988).

Fire appears to be necessary for the long-term maintenance of the

Ione chaparral community. Controlled burning may be a viable means of

ensuring adequate reproduction of Arctostaphylos myrtifolia, or perhaps

even controlling or preventing loss due to the fungal pathogen (M.

Wood, in litt. 1994, V.T. Parker, in litt. 1994). Field observations

and controlled experiments to date, however, suggest that caution be

exercised in the use of fire until the reasons for the variability in

the response of A. myrtifolia are better understood. Long term study

sites established to study this response have been graded and cleared

by the land owner (V.T. Parker, in litt. 1994, M. Wood, in litt. 1994

).

Re-establishment in mined areas may be difficult for Arctostaphylos

myrtifolia due to a lack of the required specialized substrate and an

absence of proven propagation methods (E. Bollinger, in litt. 1994).

Researchers have attempted a variety of germination and seed bank

experiments without success (Wood and Parker 1988). Others have also

attempted to cultivate the species with little or no success (R.

Gankin, pers. comm., cited in Wood and Parker 1988). Although the plant

has a limited capacity to root from its lower branches, Roof (1982)

reported that he was unaware of even a single plant that had been grown

or cultivated from a rooted branch. The only report of successful

cultivation indicates that the plant requires high soil-acidity and

heavy supplements of soluble aluminum (Roof 1982)

Gankin, pers. comm., cited in Wood and Parker 1988). Although the plant

has a limited capacity to root from its lower branches, Roof (1982)

reported that he was unaware of even a single plant that had been grown

or cultivated from a rooted branch. The only report of successful

cultivation indicates that the plant requires high soil-acidity and

heavy supplements of soluble aluminum (Roof 1982).

Throughout its range, on habitat edges where better soil

development occurs, Arctostaphylos myrtifolia is being outcompeted by

native vegetation. Arctostaphylos viscida (white-leaf manzanita), a

more rapidly growing, taller manzanita, encroaches along the edge of

stands of A. myrtifolia, shading individuals. Arctostaphylos myrtifolia

is eliminated when A. viscida grows tall enough to shade it (M. Wood,

pers. comm. 1994; Roy Woodward, in litt. 1994). This is not likely to

be a significant threat to the species, however, because most stands

occur on substrates from which taller shrubs are excluded.

As discussed in factor A, habitat fragmentation may alter the

physical environment. Plant species may disappear from chaparral

fragments that are from 10 to 100 ha in size due to persistent

disturbance and potentially due to change in fire frequency (Soule et

al. 1992). In addition, habitat fragmentation increases the risks of

extinction due to random environmental, demographic, or genetic events.

The two small, isolated populations of Eriogonum apricum var.

prostratum, makes random extinction more likely. Chance events, such as

disease outbreaks, reproductive failure, extended drought, landslides,

or combination of several such events, could destroy part of a single

population or entire populations. A local catastrophe also could

decrease a population to so few individuals that the risk of

extirpation due to genetic and demographic problems inherent to small

populations would increase

likely. Chance events, such as

disease outbreaks, reproductive failure, extended drought, landslides,

or combination of several such events, could destroy part of a single

population or entire populations. A local catastrophe also could

decrease a population to so few individuals that the risk of

extirpation due to genetic and demographic problems inherent to small

populations would increase.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by these species in determining to propose this

rule. Eriogonum apricum (inclusive of vars. apricum and prostratum) is

known from 11 populations on approximately 4 ha (10 ac) in Amador

County, California. The species is endangered by mining, clearing of

vegetation for agriculture and for fire protection, inadequate

regulatory mechanisms, habitat fragmentation, residential and

commercial development and ongoing erosion. Eriogonum apricum is in

danger of extinction throughout all or a part of its range and the

preferred action is, therefore, to list it as endangered.

Arctostaphylos myrtifolia is reported from 17 sites, and estimated to

occur in a total of about 100 stands covering about 400 ha (1,000)

acres in Amador County, with a few occurrences in Calaveras County. It

is threatened by mining, disease, clearing of vegetation for

agriculture and for fire protection, inadequate regulatory mechanisms,

habitat fragmentation, increased residential development and changes in

fire frequency. Although A. myrtifolia faces many of the same threats

as Eriogonum apricum, the significantly wider range and greater number

of populations and individuals of A. myrtifolia moderate the threats.

Thus, A. myrtifolia is not now in danger of extinction throughout a

significant portion of its range, as is E. apricum, but is likely to

become endangered within the foreseeable future. Therefore, the

preferred action is to list A. myrtifolia as threatened

Eriogonum apricum, the significantly wider range and greater number

of populations and individuals of A. myrtifolia moderate the threats.

Thus, A. myrtifolia is not now in danger of extinction throughout a

significant portion of its range, as is E. apricum, but is likely to

become endangered within the foreseeable future. Therefore, the

preferred action is to list A. myrtifolia as threatened. Other

alternatives to this action were considered but not preferred because

not listing Eriogonum apricum (inclusive of vars. apricum and

prostratum) as endangered and Arctostaphylos myrtifolia as threatened

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

purposes of the Act.

Critical Habitat

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

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

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

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

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

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

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

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 Eriogonum

apricum and Arctostaphylos myrtifolia at this time

.

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 Eriogonum

apricum and Arctostaphylos myrtifolia 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.

Because Eriogonum apricum and Arctostaphylos myrtifolia face

numerous human-caused threats (see Factors A and E in ``Summary of

Factors Affecting the Species'') and occur predominantly on private

land, the publication of precise maps and descriptions of critical

habitat in the Federal Register would make these plant species more

vulnerable to incidents of vandalism and, therefore, could contribute

to the decline of these species and increase enforcement problems. A 43

ha (107 ac) parcel previously identified in a public document as

habitat for these species was cleared in 1993, presumably to facilitate

future development (R. Johnsen, in litt. 1994). The listing of E.

apricum as endangered also publicizes the rarity of this plant and,

thus, can make it attractive to researchers or collectors of rare

plants.

Furthermore, critical habitat designation for Arctostaphylos

myrtifolia and Eriogonum apricum is

blic document as

habitat for these species was cleared in 1993, presumably to facilitate

future development (R. Johnsen, in litt. 1994). The listing of E.

apricum as endangered also publicizes the rarity of this plant and,

thus, can make it attractive to researchers or collectors of rare

plants.

Furthermore, critical habitat designation for Arctostaphylos

myrtifolia and Eriogonum apricum is

not prudent due to lack of benefit. All but one occurrence of E.

apricum and most occurrences of Arctostaphylos myrtifolia are on non-

Federal land. Furthermore, since E. apricum has very specific habitat

requirements and occupies a total of only about 4 ha (10 ac) at few

locations, any activity that would adversely modify critical habitat or

destroy plants would likely jeopardize the continued existence of E.

apricum. Therefore, designation of critical habitat would provide

little, if any, additional benefit beyond listing. The Service,

therefore, concludes that designation of critical habitat is not

prudent for these species both because such designation can be expected

to increase the degree of threat to the species and because of a lack

of benefit from such action.

Protection of the habitat of these species will be addressed

through the recovery process and through the section 7 consultation

process. The Service believes that Federal involvement in the areas

where these plants occur can be identified without the designation of

critical habitat. Therefore, the Service finds that designation of

critical habitat for these plants is not prudent at this time, because

such designation likely would increase the degree of threat from

vandalism, collecting, or other human activities, and because it

provides no benefits to the species beyond those which are provided by

listing.

Available Conservation Measures

esignation of

critical habitat. Therefore, the Service finds that designation of

critical habitat for these plants is not prudent at this time, because

such designation likely would increase the degree of threat from

vandalism, collecting, or other human activities, and because it

provides no benefits to the species beyond those which are provided by

listing.

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, local agencies, private

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the State and requires that recovery

actions be carried out for all listed species. The protection required

of Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

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

evaluate 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 the species or to

destroy or adversely modify its critical habitat

ardize 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 the species or to

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

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

Federal agency must enter into formal consultation with the Service.

Almost all of the occurrences for both species are on private land.

One population of Arctostaphylos myrtifolia and a population of

Eriogonum apricum var. apricum occur on Federal land managed by the

BLM. Other potential Federal involvement includes the construction and

maintenance of roads and highways by the Federal Highway Administration

(2 populations of E. apricum var. apricum occur along right-of-ways

owned by Caltrans), the permitting of lignite or coal mines through the

Federal Office of Surface Mining Reclamation and Enforcement, and the

relicensing of hydroelectric projects by the Federal Energy Regulatory

Commission.

Listing these two plant species would provide for development of a

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

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

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

activities and cooperate with each other in conservation efforts. The

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

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

specific management actions necessary to achieve conservation and

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

Act, the Service would be more likely to grant funds to affected states

for management actions promoting the protection and recovery of these

species

ry priorities and estimate costs of various

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

specific management actions necessary to achieve conservation and

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

Act, the Service would be more likely to grant funds to affected states

for management actions promoting the protection and recovery of these

species.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered or

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

implemented by 50 CFR 17.61 for endangered plants and 17.71 for

threatened plants, apply. These prohibitions, in part, make it illegal

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

import or export, transport in interstate or foreign commerce in the

course of a commercial activity, sell or offer for sale in interstate

or foreign commerce, or remove and reduce the species to possession

from areas under Federal jurisdiction. In addition, for plants listed

as endangered, the Act prohibits 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. This protection may apply to

Arctostaphylos myrtifolia 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'' appears on the shipping containers. Certain

exceptions to the prohibitions apply to agents of the Service and state

conservation agencies

This protection may apply to

Arctostaphylos myrtifolia 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'' appears on the shipping containers. Certain

exceptions to the prohibitions apply to agents of the Service and state

conservation agencies.

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

maximum extent practicable at the time a species is listed those

activities that would or would not constitute a violation of section 9

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. Less than 5 percent of the occurrences of the two

species occur on public (Federal) lands. Collection, damage or

destruction of these species on Federal lands is prohibited, although

in appropriate cases a Federal endangered species permit may be issued

to allow collection for scientific or recovery purposes. Such

activities on non-Federal lands would constitute a violation of section

9 when conducted in knowing violation of California State law or

regulations or in violation of State criminal trespass law. See factor

D. for a discussion of California's law protecting plants.

Activities that are not prohibited by the Federal listing of these

plants include livestock grazing, clearing a defensible space for fire

protection around one's personal residence, and landscaping (including

irrigation), around one's personal residence. Questions regarding

whether specific activities will constitute a violation of section 9

should be directed to the Field Supervisor of the Sacramento Field

Office (see ADDRESSES section)

al listing of these

plants include livestock grazing, clearing a defensible space for fire

protection around one's personal residence, and landscaping (including

irrigation), around one's personal residence. Questions regarding

whether specific activities will constitute a violation of section 9

should be directed to the Field Supervisor of the Sacramento Field

Office (see ADDRESSES section).

The Act and 50 CFR 17.62, 17.63 for endangered plants, and 17.72

for threatened plants, also provide for the issuance of permits to

carry out otherwise prohibited activities involving endangered or

threatened plants under certain circumstances. Such permits are

available for scientific

purposes and to enhance the propagation or survival or the species. For

threatened plants, permits also are available for botanical or

horticultural exhibition, educational purposes, or special purposes

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

permits would ever be sought or issued for the three species because

the species are not common in cultivation or in the wild. Requests for

copies of the regulations regarding listed species and inquiries

regarding prohibitions and permits may be addressed to the U.S. Fish

and Wildlife Service, Endangered Species Permits, 911 N.E. 11th Avenue,

Portland, Oregon 97232-4181 (phone 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. The Service

will follow its current peer review policy (59 FR 34270) in the

processing of this rule. Comments particularly are sought concerning:

s 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. The Service

will follow its current peer review policy (59 FR 34270) in the

processing of this rule. Comments particularly are sought concerning:

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

any threat (or lack thereof) to Arctostaphylos myrtifolia and Eriogonum

apricum;

(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.

Final promulgation of the regulation(s) on these 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 Act provides for one or more public hearings 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, U. S. Fish

and Wildlife Service, Sacramento Field Office, 3310 El Camino Avenue,

Suite 130, Sacramento, California 95821-6340.

National Environmental Policy Act

public hearings 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, U. S. Fish

and Wildlife Service, Sacramento Field Office, 3310 El Camino Avenue,

Suite 130, Sacramento, California 95821-6340.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment, as defined under the authority of the National

Environmental Policy Act of 1969, need not be prepared in connection

with regulations adopted pursuant to section 4(a) of the Endangered

Species Act of 1973, as amended. A notice outlining the Service's

reasons for this determination was published in the Federal Register on

October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

A complete list of all references cited herein is available upon

request from the Field Supervisor, Sacramento Field Office (see

ADDRESSES section).

Author: The primary author of this proposed rule is Kirsten Tarp,

U.S. Fish and Wildlife Service, Sacramento Field Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, 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.

egulation 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 listed Critical Special

Scientific name Common name habitat rules

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

Flowering Plants

* * * * * * *

Arctostaphylos myrtifolia........ Ione manzanita...... U.S.A. (CA)........ Ericaceae.......... T ........... NA NA

* * * * * * *

Eriogonum apricum (inclusive of Ione buck wheat..... U.S.A. (CA)........ Polygonaceae....... E ........... NA NA

vars. apricum and prostratum).

* * * * * * *

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

Dated: May 12, 1997.

John G. Rogers,

Acting Director, U.S. Fish and Wildlife Service.

[FR Doc. 97-16605 Filed 6-24-97; 8:45 am]

BILLING CODE 4310-55-U