Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Plant Thlaspi Californicum (Kneeland Prairie Penny-Cress) From Coastal Northern California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE55

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Plant Thlaspi Californicum (Kneeland Prairie

Penny-Cress) From Coastal Northern California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

amended (Act), for the plant Thlaspi californicum (Kneeland Prairie

penny-cress). Thlaspi californicum is known from Kneeland Prairie in

Humboldt County, California, where it grows in coastal prairie on

serpentine outcrops. The Service considers the occurrences of T.

californicum reported from Mendocino County to be T. montanum, a widely

distributed species. Habitat loss, potential road realignment, and

proposed airport expansion activities imperil the continued existence

of T. californicum. The restricted range of this species, limited to a

single population, increases the risk of extinction from naturally

occurring events such as fire. This proposed rule, if made final, would

extend Federal protection under the Act to this plant species.

DATES: To ensure consideration in the development of a final decision-

making document for this species, comments from all interested parties

should be received by April 13, 1998. Public hearing requests must be

received by March 30, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

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

Fish and Wildlife Service, 3310 El Camino Avenue, 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.

ning this proposal should be

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

Fish and Wildlife Service, 3310 El Camino Avenue, 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 Fish and

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

facsimile 916/979-2128).

SUPPLEMENTARY INFORMATION:

Background

Thlaspi californicum is found on serpentine soils at a coastal

prairie in Humboldt County, California. Serpentine soils are derived

from ultramafic rocks such as serpentinite, dunite, and peridotite,

which are found in discontinuous outcrops in the Sierra Nevada and

Coast Ranges of California from Santa Barbara County to Humboldt

County. The chief constituent of the parent rock is a variant of iron-

magnesium silicate. Most serpentine soils are formed in place over the

parent rock, and are therefore shallow, rocky, and highly erodible.

Serpentine soils, because of the parent material, tend to have high

concentrations of magnesium, chromium, and nickel, and low

concentrations of calcium, nitrogen, potassium, and phosphorus

(Kruckeberg 1984). These characteristics make serpentine soil

inhospitable for the growth of most plants, but some plants have

adapted to serpentine substrates.

Sereno Watson (1892) described Thlaspi californicum based on

material collected by Volney Rattan from Kneeland Prairie at 760 meters

esium, chromium, and nickel, and low

concentrations of calcium, nitrogen, potassium, and phosphorus

(Kruckeberg 1984). These characteristics make serpentine soil

inhospitable for the growth of most plants, but some plants have

adapted to serpentine substrates.

Sereno Watson (1892) described Thlaspi californicum based on

material collected by Volney Rattan from Kneeland Prairie at 760 meters

(m) (2,500 feet (ft)) elevation in Humboldt County, California. Payson

(1926) maintained it as a full species in his monograph of the genus,

whereas it was referred to as T. alpestre var. californicum in Jepson's

(1925) manual, and T. glaucum ssp. californicum by Munz (1959).

Holmgren (1971) assigned the name Thlaspi montanum var. californicum

and gave its range as Kneeland Prairie (including a 1952 specimen from

a ``serpentine rockpile toward Ashfield Butte''). She noted that the

plant had last been collected in 1962. Rollins (1993a, 1993b) has

elevated it to a full species: Thlaspi californicum.

Thlaspi californicum is a perennial herb in the mustard family

(Brassicaceae) that grows from 9.5 to 12.5 centimeters (cm) (3 to 6

inches (in)) tall, with a basal rosette. The margins of the basal

leaves range from entire to toothed. The white flowers have strongly

ascending pedicels (flower stalks). The fruit is a sharply pointed

silicle (a short fruit typically no more than 2 to 3 times longer than

wide). Thlaspi californicum flowers from May to June. Characteristics

that separate T. californicum from T. montanum include the orientation

of the pedicel, shape and notching of the fruit, and length/width ratio

of the fruit. Thlaspi montanum has pedicels perpendicular to the stem,

not strongly ascending, and the silicles are either truncate or

shallowly notched, but not acute at the apex as they are in T.

californicum (Meyers 1991).

Rollins (1993a, 1993b) and Holmgren (1971) considered Thlaspi

californicum to occur only at Kneeland Prairie. Wheeler and Smith

ng of the fruit, and length/width ratio

of the fruit. Thlaspi montanum has pedicels perpendicular to the stem,

not strongly ascending, and the silicles are either truncate or

shallowly notched, but not acute at the apex as they are in T.

californicum (Meyers 1991).

Rollins (1993a, 1993b) and Holmgren (1971) considered Thlaspi

californicum to occur only at Kneeland Prairie. Wheeler and Smith

(1991), in their ``Flora of Mendocino County,'' reported two additional

occurrences of T. californicum located on Mendocino National Forest in

Mendocino County. These sites have been examined by Dave Isle,

Mendocino National Forest botanist; Dave Imper, Environmental

Specialist with SHN Consulting Engineers and Geologists; and Service

staff. In addition, all of the herbarium specimens for T. californicum

and T. montanum at Humboldt State University, including those collected

in Mendocino County, have been examined by Imper and Service staff. The

only collections considered by Imper and the Service to be T.

californicum are from Kneeland Prairie in Humboldt County (Imper 1997;

Larry Host and Kirsten Tarp, U.S. Fish and Wildlife Service (USFWS),

pers. comms., 1997). Plants from Blue Banks and near the Spruce Grove

campground on the Mendocino National Forest have pedicels that are

perpendicular to the stem and silicles that are truncate and notched,

characteristic of T. montanum. Additionally, the habitat and elevation

are different from Kneeland Prairie. Other herbarium specimens, housed

at the Humboldt State University herbarium and collected from Blue

Banks and from Spruce Grove campground, are identified as T. montanum.

McCarten (1991) did not

ve pedicels that are

perpendicular to the stem and silicles that are truncate and notched,

characteristic of T. montanum. Additionally, the habitat and elevation

are different from Kneeland Prairie. Other herbarium specimens, housed

at the Humboldt State University herbarium and collected from Blue

Banks and from Spruce Grove campground, are identified as T. montanum.

McCarten (1991) did not

find any T. californicum in his habitat management study of rare plants

and communities associated with serpentine soils on the Mendocino

National Forest. The Mendocino National Forest botanist and the

botanical consultant for Humboldt County concurred with this conclusion

(Imper 1997; Dave Isle, botanist, Mendocino National Forest, pers.

comm., 1997; L. Host and K. Tarp, pers. comms., 1997).

The California Natural Diversity Database (CNDDB) includes one

occurrence for Thlaspi californicum based on Constance & Rollins'

collection #2877 from 1942 (``5 mi s of Hoopa Valley''), housed at the

Humboldt State University herbarium. The specimen had been annotated as

T. californicum in 1976 by T. Nelson, then the herbarium's curator. A

duplicate of this specimen, housed at another herbarium, had been

assigned to T. montanum var. montanum by Patricia Holmgren in her 1971

biosystematic study of North American T. montanum and its allies. The

specimen has since been examined by Imper and Service staff, who concur

that it is T. montanum (Meyers 1991, Imper 1997).

The only known population of Thlaspi californicum is scattered

within an area of 0.25 hectare (ha) (0.6 acre (ac)), with a total of

about 11,000 individuals at Kneeland Prairie in Humboldt County (Dave

Imper, Environmental Specialist, SHN Consulting Engineers and

Geologists, pers. comm., 1997). The Kneeland Prairie population is

bisected into two colonies by the Kneeland Airport. Both colonies occur

on private land immediately adjacent to the Kneeland Airport. At

Kneeland Prairie, the habitat for T

(ac)), with a total of

about 11,000 individuals at Kneeland Prairie in Humboldt County (Dave

Imper, Environmental Specialist, SHN Consulting Engineers and

Geologists, pers. comm., 1997). The Kneeland Prairie population is

bisected into two colonies by the Kneeland Airport. Both colonies occur

on private land immediately adjacent to the Kneeland Airport. At

Kneeland Prairie, the habitat for T. californicum has been reduced by

approximately 60 to 70 percent within the past 33 years (CNDDB 1990,

Meyer 1991, Imper 1997). This population is currently threatened by the

proposed expansion of the County airport and potential realignment of

the adjacent road. Because of its extremely restricted range, the plant

is also vulnerable to extinction from naturally occurring events such

as fire (CNDDB 1997).

In order to assess the significance of the Kneeland prairie

population to the species, Imper (1997) inspected potentially suitable

habitat for Thlaspi californicum in other areas near Kneeland Prairie

and to the south. He found no other occurrences. Additionally, T.

californicum has been targeted for surveys by the Bureau of Land

Management (BLM) and U.S. Forest Service staff. The Six Rivers National

Forest has no documented occurrences (Lisa Hoover, botanist, Six Rivers

National Forest, pers. comm., 1997). A search for the species has not

revealed any T. californicum on the serpentine at Iaqua Buttes on BLM

lands (Jennifer Wheeler, botanist, BLM, Arcata Resource Area, pers.

comm., 1997).

Previous Federal Action

and

Management (BLM) and U.S. Forest Service staff. The Six Rivers National

Forest has no documented occurrences (Lisa Hoover, botanist, Six Rivers

National Forest, pers. comm., 1997). A search for the species has not

revealed any T. californicum on the serpentine at Iaqua Buttes on BLM

lands (Jennifer Wheeler, botanist, BLM, Arcata Resource Area, pers.

comm., 1997).

Previous Federal Action

Federal government action on this species began on December 15,

1980 (45 FR 82480), when the Service published a revised Notice of

Review of native plant taxa considered for listing under the Act.

Thlaspi californicum (then known as T. californicum var. montanum) was

included as a category 2 candidate. Category 2 candidates were formerly

defined as taxa for which data on biological vulnerablilty and threats

in the Service's possession indicated that listing was possibly

appropriate, but was not sufficient to support proposed rules. The

taxon remained a category 2 candidate in the revised plant notices of

review published in the Federal Register on November 28, 1983 (48 FR

53640), and September 27, 1985 (50 FR 39526). The plant was listed as a

category 1 candidate in the February 21, 1990 (55 FR 6184), and

September 30, 1993 (58 FR 51144), revised notices of review. Category 1

candidates were defined as those taxa for which the Service had on file

sufficient information on biological vulnerability and threats to

support the preparation of listing proposals, but issuance of the

proposed rule was precluded by other pending listing proposals of

higher priority. On February 28, 1996, the Service published a notice

of review in the Federal Register (61 FR 7596) that discontinued the

designation of category 2 candidates. Thlaspi californicum was listed

as a candidate in that notice of review. This species has been given a

listing priority assignment number of 2, due to the high magnitude,

imminent threats to its continued existence

of

higher priority. On February 28, 1996, the Service published a notice

of review in the Federal Register (61 FR 7596) that discontinued the

designation of category 2 candidates. Thlaspi californicum was listed

as a candidate in that notice of review. This species has been given a

listing priority assignment number of 2, due to the high magnitude,

imminent threats to its continued existence.

The processing of this proposed rule conforms with the Service's

final listing priority guidance for fiscal year 1997, published in the

Federal Register on December 5, 1996 (61 FR 64475). In a Federal

Register notice published on October 23, 1997 (62 FR 55628), the

guidance was extended beyond fiscal year 1997 until such time as the

fiscal year 1998 appropriations bill for the Department of the Interior

becomes law and new final guidance is published. The fiscal year 1997

guidance clarifies the order in which the Service will process

rulemakings following two related events: (1) the lifting on April 26,

1996, of the moratorium on final listings imposed on April 10, 1995

(Public Law 104-6), and (2) the restoration of significant funding for

listing through passage of the Omnibus Budget Reconciliation Act on

April 26, 1996, following severe funding constraints imposed by a

number of continuing resolutions between November 1995 and April 1996.

Based on biological considerations, this guidance establishes a

``multi-tiered approach that assigns relative priorities, on a

descending basis, to actions to be carried out under section 4 of the

Act'' (61 FR 64479). The guidance calls for giving highest priority to

handling emergency situations (Tier 1) and second highest priority

(Tier 2) to resolving the listing status of the outstanding proposed

listings. Tier 3 includes the processing of new proposed listings for

species facing high magnitude threats. This proposed rule for Thlaspi

californicum falls under Tier 3

ection 4 of the

Act'' (61 FR 64479). The guidance calls for giving highest priority to

handling emergency situations (Tier 1) and second highest priority

(Tier 2) to resolving the listing status of the outstanding proposed

listings. Tier 3 includes the processing of new proposed listings for

species facing high magnitude threats. This proposed rule for Thlaspi

californicum falls under Tier 3. The guidance states that ``effective

April 1, 1997, the Service will concurrently undertake all of the

activities presently included in Tiers 1, 2, and 3'' (61 FR 64480). The

Service has thus begun implementing a more balanced listing program,

including processing more Tier 3 activities. The completion of this

Tier 3 activity (a proposal for a species with high-magnitude, imminent

threats) follows those guidelines.

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. 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

Thlaspi californicum S. Watson (Kneeland Prairie penny-cress) are as

follows:

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

of its Habitat or Range.

The habitat of Thlaspi californicum has been significantly reduced

within the past 33 years. Just prior to 1964, an estimated 2.0 to 2.25

ha (5 to 6 ac) of habitat existed at Kneeland Prairie (Meyers 1991).

Approximately 60 to 70 percent of the habitat at Kneeland Prairie has

been lost since 1964, due to construction of the Kneeland Airport,

realignment of the county road that runs through Kneeland Prairie, and

construction of the California Department of Forestry (CDFFP) helitack

base (Meyers 1991; Imper 1990; Imper, pers. comm., 1997). Additional

habitat and plants are currently threatened by the proposed expansion

percent of the habitat at Kneeland Prairie has

been lost since 1964, due to construction of the Kneeland Airport,

realignment of the county road that runs through Kneeland Prairie, and

construction of the California Department of Forestry (CDFFP) helitack

base (Meyers 1991; Imper 1990; Imper, pers. comm., 1997). Additional

habitat and plants are currently threatened by the proposed expansion

of the Kneeland Prairie Airport and potential road realignment.

The Kneeland Prairie Airport serves principally as the backup

airport for Rohnerville, Murray, Eureka Municipal, and Arcata-Eureka

airports. Small single-engine and occasionally twin-engine planes use

Kneeland Airport. This airfield is especially important when airports

at lower elevations are fogged in, a frequent occurrence in the region

(Hodges & Shutt 1993). Kneeland Prairie is the only airport in the

Humboldt Bay area that can be used when the bay is fogged in (Don

Tuttle, Resource Specialist, Humboldt County Public Works, pers. comm.,

1997). The airport is particularly important for commercial express

mail and air freight carriers, as well as other couriers (Ray Beeninga,

Airports Manager, Humboldt County, pers. comm., 1997).

Humboldt County contracted a study to evaluate its airports and

prepare appropriate planning documents (Hodges & Shutt 1993). The study

provided an assessment of Kneeland Airport's role and associated

airfield requirements. The report also discussed land use compatibility

issues and descriptions of capital projects, and provided documentation

required to upgrade Kneeland Airport from temporary to permanent

inclusion in the National Plan for Integrated Airport Systems. That

designation allows the county to receive Federal funding for airport

modifications through the Federal Aviation Administration (FAA)

rements. The report also discussed land use compatibility

issues and descriptions of capital projects, and provided documentation

required to upgrade Kneeland Airport from temporary to permanent

inclusion in the National Plan for Integrated Airport Systems. That

designation allows the county to receive Federal funding for airport

modifications through the Federal Aviation Administration (FAA).

Recommendations in the report included development of a complete

geotechnical study of specific engineering designs to stabilize the

airport, and construction of a new parking area meeting FAA setback

standards. The report discussed design constraints for placement of the

new parking area. The location of the CDFFP helitack base limits the

ability of the airport to expand the existing parking area to the

northwest (Hodges & Shutt 1993). The recommended location for the new

parking area is on the eastern side of the airport (Hodges & Shutt

1993), adjacent to the eastern colony of Thlaspi californicum.

Construction of the parking facility at Kneeland Airport could

adversely affect the habitat and individuals of the eastern colony due

to the proximity of the plants to the potential site.

Humboldt County is also contracting an initial study to evaluate

the geotechnical feasibility and cost of modifying Kneeland Prairie

Airport. The study, currently in progress (D. Tuttle and D. Imper,

pers. comms., 1997), is evaluating ways to solve problems involving

subsidence of the runway, slope stabilization, and the safety issue

that the runway is too short (Dave Dietz, Project Manager, Shutt-Moen

Associates, pers. comm., 1997). Possible options include leaving the

airport configuration as is (i.e., repairing current subsidence, but

not extending the runway), finding a different site for a new airport,

or modifying the existing airport (D. Dietz, pers. comm., 1997).

Financial constraints could influence the choice among the

alternatives

o short (Dave Dietz, Project Manager, Shutt-Moen

Associates, pers. comm., 1997). Possible options include leaving the

airport configuration as is (i.e., repairing current subsidence, but

not extending the runway), finding a different site for a new airport,

or modifying the existing airport (D. Dietz, pers. comm., 1997).

Financial constraints could influence the choice among the

alternatives. In additional, exploratory soil boring is needed to

determine how to stabilize the airport and to determine the cost of

extending the runway. Thlaspi californicum occurs on the slopes

immediately adjacent to the airfield. Exploratory boring may affect

individuals located immediately adjacent to airport lands. Modification

of the existing airport is anticipated to occur in the year 2000 (R.

Beeninga, pers. comm., 1997).

The realignment of the county road adjacent to the airport could

affect the western occurrence of Thlaspi californicum at Kneeland

Prairie (D. Imper, pers. comm., 1997). The road currently runs along

the southwest edge of the runway and serves areas beyond the airport.

The aviation manager would not be authorized to modify the road except

as necessary for slope stabilization or as the result of possible

runway extension at the south end of the airport. The extension of the

runway to the south is not expected to directly impact T. californicum.

However, if the runway is extended 30 to 65 m (90 to 200 ft) (R.

Beeninga, pers. comm., 1997), the runway will run through the current

road. The road would then either need to go under the runway via a

tunnel, or be realigned. Road realignment could result in impacts to

the habitat and individual plants. The western colony of Thlaspi

californicum occurs just downslope of the current road. For safety

reasons, it is likely that Humboldt County will undertake straightening

and/or widening the road, either independent of or concurrent with

runway expansion (L. Host, in litt., 1997)

unway via a

tunnel, or be realigned. Road realignment could result in impacts to

the habitat and individual plants. The western colony of Thlaspi

californicum occurs just downslope of the current road. For safety

reasons, it is likely that Humboldt County will undertake straightening

and/or widening the road, either independent of or concurrent with

runway expansion (L. Host, in litt., 1997). The road adjacent to the

airport is narrow; a blind, 90-degree curve in the road around the end

of the runway limits safe speeds to only 10 to 15 miles per hour. These

conditions could warrant a county decision to realign the road in order

to achieve a safer curve radius at the end of the runway. Unless the

approach to that portion of the road is moved outward beyond the plants

(which would require extra length and expense), the realignment would

cross the remaining serpentine habitat and eliminate about half of the

remaining plants in the western colony. The Service anticipates that

such roadwork would occur during airport construction in order to avoid

the expense of bringing necessary machinery to the site twice.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Overutilization is not known to be a threat for this plant.

C. Disease or Predation

There is no known threat to Thlaspi californicum from disease.

Cattle grazing occurs throughout the prairie and the area surrounding

the airport (Imper 1997). Cattle trails run through T. californicum

habitat (Meyers 1991), but there does not appear to be any threat to

the species from current levels of grazing.

D. The Inadequacy of Existing Regulatory Mechanisms

t.

C. Disease or Predation

There is no known threat to Thlaspi californicum from disease.

Cattle grazing occurs throughout the prairie and the area surrounding

the airport (Imper 1997). Cattle trails run through T. californicum

habitat (Meyers 1991), but there does not appear to be any threat to

the species from current levels of grazing.

D. The Inadequacy of Existing Regulatory Mechanisms

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

21050 et seq. of the California Public Resources Code) requires full

disclosure of the potential environmental impacts of proposed projects.

The public agency with primary authority or jurisdiction over the

project is designated as the lead agency, and is responsible for

conducting a review of the project and consulting with the other

agencies concerned with the resources affected by the project. Section

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

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

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

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

are given the same protection as those species that are officially

listed with the State or Federal governments. Once significant effects

are identified, the lead agency has the option of requiring mitigation

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

considerations make mitigation infeasible. In the latter case, projects

may be approved that cause significant environmental damage, such as

destruction of endangered species. Protection of listed species through

CEQA is therefore dependent upon the discretion of the agency involved.

When the CDFFP constructed the Kneeland Helitack Base in 1980, a

botanical assessment was required by the Humboldt County Planning

Department for issuance of a conditional use permit

may be approved that cause significant environmental damage, such as

destruction of endangered species. Protection of listed species through

CEQA is therefore dependent upon the discretion of the agency involved.

When the CDFFP constructed the Kneeland Helitack Base in 1980, a

botanical assessment was required by the Humboldt County Planning

Department for issuance of a conditional use permit. However, CDFFP did

not include any analysis of potential impacts to Thlaspi californicum,

although records of its California Native

Plant Society 1B status and CNDDB documentation of the species'

presence were available at that time (Imper 1990, Meyers 1991).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Thlaspi californicum has never been found anywhere other than at

Kneeland Prairie, where the single population occupies 0.25 ha (0.6

ac), bisected by the Kneeland Airport. This plant occupies serpentine

prairie habitat that is quite restricted in extent. The combination of

a single population and restricted habitat makes T. californicum

susceptible to destruction of all or a significant portion of its range

from naturally occurring events such as fire, drought, or severe

erosion (Shaffer 1981, Primack 1993). Chance events causing population

fluctuations or even population extirpations are not usually a concern

until the number of individuals or geographic distribution becomes as

limited as with T. californicum (Primack 1993). The single known

locality of the species makes the population at Kneeland Prairie

particularly susceptible to extinction due to fire or an erosional

event causing slope failure. Even one such event has the potential to

seriously impact the sole population of the species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule

airie

particularly susceptible to extinction due to fire or an erosional

event causing slope failure. Even one such event has the potential to

seriously impact the sole population of the species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to propose this

rule. Airport expansion activities, potential road realignment,

inadequate regulatory mechanisms, and naturally occurring events such

as fire imperil the continued existence of this plant. The one known

population of Thlaspi californicum includes approximately 11,000

individual plants scattered within a 0.25 ha (0.6 ac) area. The species

is in danger of extinction throughout all of its known range. Based on

this evaluation, the preferred action is to list T. californicum as

endangered. Other alternatives to this action were considered but not

preferred because they would not provide adequate protection and would

not be consistent with the Act. Listing T. californicum as endangered

would provide additional protection and is consistent with the Act's

definition of endangered. Critical habitat is not being proposed for T.

californicum for reasons discussed in the ``Critical Habitat'' section

of this proposal.

Critical Habitat

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

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

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

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

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

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

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

determination that such areas are essential for the conservation of the

species

in accordance with the Act, on which are found

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

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

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

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

determination that such areas are essential for the conservation of the

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

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

is no longer necessary.

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

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

and determinable, the Secretary designate critical habitat at the time

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

finds that designation of critical habitat is not prudent for Thlaspi

californicum. 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 determines that designation of critical habitat for

Thlaspi californicum is not prudent due to lack of benefit to the

species. Critical habitat designation provides protection only on

Federal lands or on private lands when there is Federal involvement

through authorization or funding of, or participation in, a project or

activity. Although this plant occurs only on private land, it may be

affected by projects with Federal connections, including potential

Federal funding of the county road realignment and airport expansion by

the Federal Highway Administration and the FAA respectively

ct to notification. In

addition, given the species' narrow distribution and precarious status,

virtually any conceivable adverse effect would very likely jeopardize

its continued existence. Designation of critical habitat for T.

californicum would therefore provide no benefit to the species apart

from the protection afforded by listing the plant as endangered.

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 results in public awareness and

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

organizations, and individuals. The Act provides for possible land

acquisition and cooperation with the States and requires that recovery

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

of Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

Section 7(a) of the Act requires Federal agencies to evaluate their

actions with respect to any species that is proposed or listed as

endangered or threatened and with respect to its critical habitat, if

any is designated. Regulations implementing this interagency

cooperation provision of the Act are codified at 50 CFR part 402.

Section 7(a)(4) of the Act requires Federal agencies to confer with the

Service on any action that is likely to jeopardize the continued

existence of a proposed species or result in destruction or adverse

modification of proposed critical habitat. If a species is listed

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

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

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

adversely modify its critical habitat

ize 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 formal consultation with the Service.

All of the occurrences of Thlaspi californicum are on privately

owned

land. However, impacts of modifying the adjacent airport have the

potential to adversely affect T. californicum, due to the proximity of

the plants to the proposed parking apron. Funds from the FAA have been

used to partially finance a planning document for the Kneeland Airport

and are proposed to be used for airport modifications. Private sector

funding is not anticipated to be available for Kneeland Airport (Hodges

& Shutt 1993). Realignment of a county road adjacent to the airport may

be required if the runway is extended. This work could be partially

funded by Federal Highway Administration grants, thereby providing

another avenue for section 7 consultation.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

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

50 CFR 17.61 for endangered plants, apply. These prohibitions, in part,

make it illegal for any person subject to the jurisdiction of the

United States to import or export an endangered plant, transport such a

plant in interstate or foreign commerce in the course of a commercial

activity, sell or offer for sale an endangered plant in interstate or

foreign commerce, or remove and reduce an endangered plant to

possession from areas under Federal jurisdiction

part,

make it illegal for any person subject to the jurisdiction of the

United States to import or export an endangered plant, transport such a

plant in interstate or foreign commerce in the course of a commercial

activity, sell or offer for sale an endangered plant in interstate or

foreign commerce, or remove and reduce an endangered plant 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. Certain exceptions to the prohibitions apply to

agents of the Service and State conservation agencies.

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

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

practicable those activities that would or would not constitute a

violation of section 9 of the Act if a species is listed. The intent of

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

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

This species is not located on areas under Federal jurisdiction.

Collection, damage or destruction of this 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 areas not under Federal jurisdiction

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. Moderate livestock grazing and normal use

of the existing airfield and road are among the activities that would

be unlikely to violate section 9

ntific or recovery

purposes). Such activities on areas not under Federal jurisdiction

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. Moderate livestock grazing and normal use

of the existing airfield and road are among the activities that would

be unlikely to violate section 9. Questions regarding whether specific

activities would constitute a violation of section 9, should this

species be listed, should be directed to the Field Supervisor of the

Sacramento Field Office (see ADDRESSES section).

The Act and 50 CFR 17.62 and 17.63 provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered plants under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few trade permits would

ever be sought or issued for Thlaspi californicum because it is 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 peer review policy (59 FR 34270; July 1, 1994) in the

processing of this rule. Comments are particularly sought concerning:

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

any threat (or lack thereof) to Thlaspi californicum;

es, the scientific community, industry, or any other interested

party concerning this proposed rule are hereby solicited. The Service

will follow its peer review policy (59 FR 34270; July 1, 1994) in the

processing of this rule. Comments are particularly sought concerning:

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

any threat (or lack thereof) to Thlaspi californicum;

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

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

critical habitat as provided by section 4 of the Act;

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

population size of this species; and

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

possible impacts on this species.

A final determination of whether to list this species will take

into consideration the comments and any additional information received

by the Service. Such communications may lead to a final decision-making

document 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 be addressed to the Field Supervisor, Sacramento

Fish and Wildlife 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).

Required Determinations

pact 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).

Required Determinations

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

References Cited

A complete list of all references cited herein is available upon

request from the Field Supervisor, Sacramento Fish and Wildlife Office

(see ADDRESSES section).

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

Sacramento Fish and Wildlife Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

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. Amend section 17.12(h) by adding the following, in alphabetical

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *

authority citation for part 17 continues to read as follows:

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

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

2. Amend section 17.12(h) by adding the following, in alphabetical

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants:

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

* * * * * * *

Thlaspi californicum............. Kneeland Prairie U.S.A. (CA)........ Brassicaceae....... E ........... NA NA

penny-cress.

* * * * * * *

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

Dated: December 30, 1997.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 98-3561 Filed 2-11-98; 8:45 am]

BILLING CODE 4310-55-P