Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Chlorogalum purpureum (Purple Amole), a Plant from the South Coast Ranges of California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE76

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for Chlorogalum purpureum (Purple Amole), a Plant

from the South Coast Ranges of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

amended (Act), for the California plant, Chlorogalum purpureum (purple

amole). One of the two varieties comprising this species, C. p. var.

purpureum, is known only from the central south coast ranges in

Monterey County, on lands managed by the Department of the Army at Fort

Hunter Liggett. It is threatened by loss and alteration of habitat and

direct loss of plants from construction and use of military training

facilities, field training activities, and alteration of fire cycles

due to military training. The other variety, C. p. var. reductum, is

known only from two sites in the La Panza region of the coast ranges in

San Luis Obispo County, on U.S. Forest Service and private lands. This

taxon is threatened by illegal vehicle trespass into the population on

Forest Service land. This proposed rule, if made final, would extend

the Act's protection to these plants. Although this rule proposes

Chlorogalum purpureum at the species level, each variety would be

treated as a separate taxonomic unit for the purposes of applying the

section 7 jeopardy standard and identifying recovery units, if this

rule is made final.

DATES: Comments from all interested parties must be received by May 29,

1998. Public hearing requests must be received by May 14, 1998.

lants. Although this rule proposes

Chlorogalum purpureum at the species level, each variety would be

treated as a separate taxonomic unit for the purposes of applying the

section 7 jeopardy standard and identifying recovery units, if this

rule is made final.

DATES: Comments from all interested parties must be received by May 29,

1998. Public hearing requests must be received by May 14, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

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

Fish and Wildlife Service, 2493 Portola Road, Suite B, Ventura,

California 93003. 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: Carl Benz, Assistant Field Supervisor,

Listing and Recovery, at the address above (telephone 805/644-1766;

facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

Chlorogalum purpureum (purple amole) was first described by

Brandegee in 1893 from specimens collected in the Santa Lucia Mountains

by William Vortriede a year earlier (Brandegee 1893). In 1904, E.L.

Greene (1904) published the new combination Laothoe purpurea when he

discovered that the genus name Laothoe had been published earlier than

Chlorogalum. However, R.F. Hoover (1940) conserved the name Chlorogalum

through the rule of nomen conservandum. Hoover (1964) described the

variety reductum, commonly known as Camatta Canyon amole, based on its

shorter stature compared to the nominative variety. This nomenclature

was retained in the most recent treatment of the genus (Jernstedt

1993). These two varieties comprise the entire species.

Chlorogalum purpureum is a bulb-forming perennial herb in the lily

family (Liliaceae). It has a basal rosette of linear leaves 2 to 5

millimeters (mm) (0.1 to 0.2 inches (in)) wide with wavy margins

its

shorter stature compared to the nominative variety. This nomenclature

was retained in the most recent treatment of the genus (Jernstedt

1993). These two varieties comprise the entire species.

Chlorogalum purpureum is a bulb-forming perennial herb in the lily

family (Liliaceae). It has a basal rosette of linear leaves 2 to 5

millimeters (mm) (0.1 to 0.2 inches (in)) wide with wavy margins. A

widely branching stem supports bluish-purple flowers with six recurved

tepals (petals and sepals that have a similar appearance). The stems of

C. p. var. purpureum are 25 to 40 centimeters (cm) (10 to 16 in) high,

whereas those of C. p. var. reductum are only 10 to 20 cm (4 to 8 in)

high (Hoover 1964, Jernstedt 1993). Chlorogalum purpureum is the only

member of the genus with bluish-purple flowers that open during the day

(Jernstedt 1993). Reproduction in Chlorogalum purpureum is primarily by

seed. Hoover (1964) reports that clonal reproduction by longitudinal

splitting of the bulbs is rare; some splitting has been noted in one

population of C. p. var. reductum (Alice Koch, California Department of

Fish and Game (CDFG), pers. comm. 1997b).

Chlorogalum purpureum occurs in grassland, oak woodland, and oak

savannah between 300 and 620 meters (m) (1,000 and 2,050 feet (ft)) in

elevation in the south coast ranges of California. Chlorogalum

purpureum var. purpureum is known from oak woodlands and meadows at

three sites near Jolon in Monterey County on lands owned and managed by

the Department of the Army (Fort Hunter Liggett). Historically,

appropriate habitat may have existed east of the base, in Jolon Valley,

but most of the flat areas in that valley have been converted to

cropland, pasture, or vineyards. At Fort Hunter Liggett, the plant

occurs on flat or gently sloping terrain with a gravelly surface

underlain by clay soils, where other vegetation is sparse.

Of the three localities of Chlorogalum purpureum var

Historically,

appropriate habitat may have existed east of the base, in Jolon Valley,

but most of the flat areas in that valley have been converted to

cropland, pasture, or vineyards. At Fort Hunter Liggett, the plant

occurs on flat or gently sloping terrain with a gravelly surface

underlain by clay soils, where other vegetation is sparse.

Of the three localities of Chlorogalum purpureum var. purpureum,

one is comprised of discontinuous and fragmented patches of plants

scattered over an area 7 to 9 kilometers (km) (4 to 6 miles (mi)) long

and about 5 km (3 mi) wide in the cantonment (housing and

administration area), the Ammunition Supply Point and adjacent Training

Area 13, and the boundary of Training Area 10 (U.S. Army Reserve 1997,

map provided by U.S. Army Reserve 1997, Painter and Neese 1997). While

some of the discontinuities in distribution are due to unsuitable

intervening habitat, other patches have been fragmented by roads, the

historical settlement of Jolon, and military training facilities. No

population counts have been made at this site, but estimates of some

areas within it suggest that it supports several thousand plants (U.S.

Department of the Army 1997, Painter and Neese 1997). The second

locality is about 4 km (2.5 mi) to the southeast in Training Area 25.

The taxon is patchily distributed in an area of about 6 square km (2

square mi) that is laced with vehicle tracks and dirt roads. At one

location there, 400 to 500 plants have been recorded (Painter and Neese

1997), but the entire site may support several thousand individuals.

The third and southernmost locality is at the boundaries of Training

Areas 23, 24, and 27. This is the largest known site and contains

plants in high densities. Following a fire that may have promoted

flowering, this site was estimated to support up to 10,000 plants

(Painter and Neese 1997).

The primary threats to Chlorogalum purpureum var

ntire site may support several thousand individuals.

The third and southernmost locality is at the boundaries of Training

Areas 23, 24, and 27. This is the largest known site and contains

plants in high densities. Following a fire that may have promoted

flowering, this site was estimated to support up to 10,000 plants

(Painter and Neese 1997).

The primary threats to Chlorogalum purpureum var. purpureum are the

loss, fragmentation, and alteration of habitat and direct elimination

of plants from construction and use of military training facilities,

military field training activities, alteration of fire cycles due to

military training, and potentially from grazing and associated habitat

changes.

About 110 km (70 mi) to the south, Chlorogalum purpureum var.

reductum occurs in one region in the La Panza Range of San Luis Obispo

County. It is known from only two sites. One is located just south of

Highway 58; a smaller site is located approximately 5 to 8 km (3 to 5

mi) to the south. The

larger locality occurs on lands managed by the U.S. Forest Service

(USFS) on Los Padres National Forest (LPNF), extending into a Caltrans

right-of-way along the highway. This population is located on a narrow,

flat-topped ridge or plateau surrounded by blue oak (Quercus douglasii)

woodland. The plateau is probably the remains of an ancient elevated

alluvial terrace, most of which has been eroded away by surrounding

drainages that are now 90 to 120 m (300 to 400 ft) below the plateau

(H. Ehrenspeck, in litt. 1994). The soils have been described as well-

drained red clays with a large component of gravel and pebbles (Hoover

1964, Lopez 1992).

The population is patchily distributed over the plateau and

adjacent high areas and has been estimated to occupy just 2 to 3

hectares (ha) (less than 8 acres (ac)) (Lopez 1992; M. Borchert and K.

Danielsen, USFS, pers. comm. 1997). A graded dirt road about 10 m (30

ft) wide bisects the population

well-

drained red clays with a large component of gravel and pebbles (Hoover

1964, Lopez 1992).

The population is patchily distributed over the plateau and

adjacent high areas and has been estimated to occupy just 2 to 3

hectares (ha) (less than 8 acres (ac)) (Lopez 1992; M. Borchert and K.

Danielsen, USFS, pers. comm. 1997). A graded dirt road about 10 m (30

ft) wide bisects the population. The road leads to private inholdings

and residences on the LPNF and is bounded on either side by a pipe

barrier that was installed in 1989 or 1990 to prevent off-highway

vehicles (OHVs) from using the site (David Magney, biological

consultant, pers. comm. 1997). A removable portion of the barrier and a

barbed wire section of fence are still routinely breached by OHVs. Such

illegal use has increased in the past two years, particularly during

the past year (A. Koch, California Department of Fish and Game (CDFG),

in litt. 1997a).

The population size at this site has ranged from 1,000 individuals

to several hundred thousand individuals (Borchert 1981, Warner 1991,

Borchert et al. 1997). This variability probably reflects changes in

the above-ground presence of plants, since bulbs may remain dormant

during years with unfavorable growing conditions. Monitoring along a

100 m (330 ft) transect showed that plant numbers were relatively

stable between 1991 and 1997 (Borchert et al. 1997). This transect is

not located in an area where vehicle trespass has continued to occur

and is therefore not representative of the status of the population in

areas subject to OHV activity.

The second known locality of Chlorogalum purpureum var. reductum

was first documented by botanists in the mid 1990s. It is located 5 to

8 km (3 to 5 mi) south of the LPNF population in an area with similar

soils and topography (David Chipping, California Polytechnic State

University, in litt. 1997)

therefore not representative of the status of the population in

areas subject to OHV activity.

The second known locality of Chlorogalum purpureum var. reductum

was first documented by botanists in the mid 1990s. It is located 5 to

8 km (3 to 5 mi) south of the LPNF population in an area with similar

soils and topography (David Chipping, California Polytechnic State

University, in litt. 1997). The taxon has been estimated to occupy less

than 0.1 ha (0.25 ac) and consists of several hundred plants in two or

more patches on private land. The landowner has expressed an interest

in the plant and its protection (D. Chipping, in litt. 1997).

Chlorogalum purpureum var. reductum is threatened by illegal

vehicle trespass into the larger locality on LPNF. In addition, grazing

by livestock may potentially pose a threat.

Previous Federal Action

Federal government actions on this species began as a result of

section 12 of the Endangered Species Act, 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 (House Doc. No. 94-51) was presented to Congress on

January 9, 1975, and included Chlorogalum purpureum var. purpureum and

C. p. var. reductum as endangered. The Service published a notice on

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

report 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.

On June 16, 1976, the Service published a proposed rule in the

Federal Register (41 FR 24523) to determine approximately 1,700

vascular plant species to be endangered species pursuant to section 4

of the Act. This list, which included Chlorogalum purpureum var.

purpureum and C. p. var

ound in section 4 (b)(3)) of the Act and its

intention to review the status of the plant taxa named therein.

On June 16, 1976, the Service published a proposed rule in the

Federal Register (41 FR 24523) to determine approximately 1,700

vascular plant species to be endangered species pursuant to section 4

of the Act. This list, which included Chlorogalum purpureum var.

purpureum and C. p. var. reductum 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. General comments received in relation to

the 1976 proposal were summarized in an April 26, 1978, Federal

Register publication (43 FR 17909). In 1978, amendments to the

Endangered Species Act required that all proposals over two 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 portion of the June 16, 1976, proposal

that had not been made final, along with four other proposals that had

expired. Chlorogalum purpureum var. purpureum and C. p. var. reductum

were included in that withdrawal notice.

The Service published an updated Candidate Notice of Review for

plants on December 15, 1980 (45 FR 82480). This notice included

Chlorogalum purpureum var. purpureum and C. p. var. reductum as

category 2 candidates. 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 two Chlorogalum

taxa were listed as category 1 candidates in the revised plant notices

of review published in the Federal Register on September 27, 1985 (50

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

FR 51144)

vulnerablilty and threats in the

Service's possession indicated that listing was possibly appropriate,

but was not sufficient to support proposed rules. The two Chlorogalum

taxa were listed as category 1 candidates in the revised plant notices

of review published in the Federal Register on September 27, 1985 (50

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

FR 51144). 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. The two Chlorogalum taxa

were listed as candidates in the Notice of Review published on February

28, 1996 (61 FR 7596), as well as in the Notice of Review published on

September 19, 1997 (62 FR 49398). The definition formerly applied to

category 1 candidates now applies to candidates as a whole.

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

(Pub. L. 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

lowing two related events: (1) The lifting on April 26,

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

(Pub. L. 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

Chlorogalum purpureum falls under

Tier 3, since C. p. var. reductum has a listing priority number of 3;

the listing priority number for C. p. var. purpureum is 9. 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 follows those guidelines.

Summary of Factors Affecting the Species

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 follows those guidelines.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species 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 an endangered or threatened species due

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

factors and their application to Chlorogalum purpureum Brandegee

(purple amole) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Chlorogalum purpureum var.

purpureum is known only from three localities on Fort Hunter Liggett,

Monterey County. The northern site comprises discontinuous and

fragmented patches over a 7 to 9 km (4 to 6 mi) area in the cantonment

(housing and command center), several training areas, the Ammunition

Supply point, and near the Jolon entrance gate. Habitat for C. p. var.

purpureum has been destroyed and patches of plants have been isolated

and fragmented by the historical settlement of Jolon, roads, and the

construction and use of training facilities over the past several

decades. In the 1980s, a large group of plants near the Jolon entrance

gate was isolated by the addition of a new road (Matthews 1988).

Bounded on all sides by roads, this area was used as a vehicle parking

area. Representatives from Fort Hunter Liggett and the Monterey Chapter

of the California Native Plant Society (CNPS) cooperated in

constructing barriers to reduce impacts to the area (Matthews 1988)

the 1980s, a large group of plants near the Jolon entrance

gate was isolated by the addition of a new road (Matthews 1988).

Bounded on all sides by roads, this area was used as a vehicle parking

area. Representatives from Fort Hunter Liggett and the Monterey Chapter

of the California Native Plant Society (CNPS) cooperated in

constructing barriers to reduce impacts to the area (Matthews 1988).

Although the military has committed to maintaining these protective

barriers, this site remains vulnerable due to its proximity to roads.

For example, in 1996 a vehicle mishap resulted in a large piece of

earth-moving machinery entering the site; its tracks through the

population were still evident in September 1997 (Painter and Neese

1997; D. Steeck, U.S. Fish and Wildlife Service, pers. obs. 1997).

In another portion of this northern locality, the Army is expanding

training facilities (Holmann 1996). Since 1996, a new obstacle course

and two small parking areas have been placed in habitat occupied by

Chlorogalum purpureum var. purpureum. Although the obstacles themselves

were placed to avoid some individual plants, foot traffic and use of

the training facilities will likely degrade the habitat and eliminate a

portion of the population. In addition to the obstacle course and

parking areas, the Army has in the past 3 years constructed a

confidence course and upgraded a firing range along the stretch of dirt

road adjacent to the locality. The existence of some training

facilities made this area more attractive for additional construction

because the facilities could be located within walking distance of one

another (Hormann 1996). For the same reason, this area is likely to be

attractive for the siting of future training facilities.

The second locality is in Training Area 25, which is used for

bivouacking and is crossed by numerous dirt roads and tracks

ng

facilities made this area more attractive for additional construction

because the facilities could be located within walking distance of one

another (Hormann 1996). For the same reason, this area is likely to be

attractive for the siting of future training facilities.

The second locality is in Training Area 25, which is used for

bivouacking and is crossed by numerous dirt roads and tracks. Large

areas where substantial bivouacking occurred in 1997 were denuded, with

much of the herbaceous grassland vegetation among the oaks destroyed.

Dirt tracks were evident throughout the site (D. Steeck, pers. obs.

1997). Bivouacking in these areas apparently occurs in summer. Although

soils are not as susceptible to compaction at that time, fruiting

stalks are destroyed and the loss of vegetation, especially on vehicle

tracks, may lead to erosion and the consequent loss of existing seeds

and bulbs in the soil. Vehicle tracks were also evident in the third

locality of Chlorogalum purpureum var. purpureum at the boundaries of

Training Areas 23, 24, and 27. In 1997, the vegetation of this area

appeared to be the least affected by training activities, although

military training the previous year had caused a spring fire that

burned the site and destroyed most of the year's seed crop (Painter and

Neese 1997).

The larger site of Chlorogalum purpureum var. reductum, located on

LPNF and estimated to occupy less than 3 ha (8 ac), is bisected by a

dirt road that is currently about 10 m (33 ft) wide and runs the length

of the population. Although this road has existed for many decades,

grading during the past 5 years has widened it toward the bounds of the

pipe barrier fence that lines it, causing direct loss of some

individuals of C. p. var. reductum and additional habitat loss (D.

Magney, pers. comm. 1997). Because the roadbed is graded and highly

compacted, the loss of habitat due to the roadbed is relatively

permanent, barring extensive restoration efforts

any decades,

grading during the past 5 years has widened it toward the bounds of the

pipe barrier fence that lines it, causing direct loss of some

individuals of C. p. var. reductum and additional habitat loss (D.

Magney, pers. comm. 1997). Because the roadbed is graded and highly

compacted, the loss of habitat due to the roadbed is relatively

permanent, barring extensive restoration efforts. In addition, the

roadbed is now below the level of the surrounding soil, creating the

potential for it to alter local drainage patterns.

In the 1970s and 1980s, most of the LPNF locality of Chlorogalum

purpureum var. reductum was used as a staging area by OHV enthusiasts

(McLeod 1987). An established 4-wheel drive route still runs near the

population (USFS 1993). A portion of the population was fenced in the

early 1980s by the CNPS with help from the USFS to protect it from OHV

use. In 1989 or 1990, due to continued OHV use in the area, the USFS

installed a pipe barrier along the dirt road to exclude vehicles from

most of the population. Two areas, one a gap between the pipe fence and

the barbed wire fence and the other a removable section of the pipe

barrier, currently allow access by vehicles. Repeated vehicle trespass

occurs on the site; vehicles, broken fencing, and recent vehicle tracks

have been reported (A. Koch, CDFG, in litt. 1997; D. Steeck, pers. obs.

1997). The extent of trespass appears to have increased during the past

two years (A. Koch, in litt. 1997). Repeated vehicle passes cause soil

compaction, altering the soil's water-holding capacity and interfering

with the ability of roots to penetrate the soil (Webb and Wilshire

1983). The existing scars of older vehicle tracks in the population are

probably partly the result of soil compaction. Biologists attempting to

establish seedlings of C. p. var. reductum in old OHV tracks in the

LPNF population found that only 36 percent of the seeds planted in

untreated tracks germinated and survived through their first 1.5 years

oots to penetrate the soil (Webb and Wilshire

1983). The existing scars of older vehicle tracks in the population are

probably partly the result of soil compaction. Biologists attempting to

establish seedlings of C. p. var. reductum in old OHV tracks in the

LPNF population found that only 36 percent of the seeds planted in

untreated tracks germinated and survived through their first 1.5 years.

Survival was 66 percent for seeds planted in old tracks where the top

10 cm (4 in) of soil was scarified (loosened) prior to planting to

reduce the effects of soil compaction. Bulbs in unscarified soil of old

tracks also had a lower survival rate compared to those in scarified

soil (Koch 1997).

The sites of Chlorogalum purpureum var. reductum on private land

are reported to be extremely small (less than 0.1 ha (0.25 ac) with

several hundred plants), compared to the population managed by USFS.

Because this taxon is so narrowly distributed, the degradation of even

an acre or two of the habitat in the LPNF population constitutes a

significant portion of this taxon's range.

Most localities of Chlorogalum purpureum are, or have been, subject

to cattle grazing. Potential negative effects of livestock use of

habitat occupied by C. purpureum include soil compaction, soil

disturbance, introduction or spread

of nonnative aggressive weedy species, direct crushing of the above-

ground portion of plants, loss of flowers or fruit, and diminished

seedling establishment. It has been suggested, however, that light

grazing may benefit C. purpureum var. reductum by reducing competition

from annual grasses (The Nature Conservancy 1987, CDFG 1990). Predation

by cattle is discussed below under factor C of the ``Summary of Factors

Affecting the Species.''

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not known to be a factor

affecting this species.

C. Disease or predation

urpureum var. reductum by reducing competition

from annual grasses (The Nature Conservancy 1987, CDFG 1990). Predation

by cattle is discussed below under factor C of the ``Summary of Factors

Affecting the Species.''

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Overutilization is not known to be a factor

affecting this species.

C. Disease or predation. Nearly every locality of Chlorogalum

purpureum either is or has been subject to cattle grazing. The

potential negative effects of grazing in the habitat include the loss

of flowers or fruit, which could result in reduced reproduction. All

three localities of C. p. var. purpureum at Fort Hunter Liggett were

grazed prior to 1991. A recent grazing assessment of Fort Hunter

Liggett states that documented overgrazing occurred there from 1963 to

1977, after which a study of grazing was begun (Stechman 1995). During

this time, cattle stocking rates continued to exceed the capacity of

the habitats to support them, especially when combined with the drought

of the late 1980s and early 1990s (Stechman 1995). No specific

information is available on the condition of the localities of C. p.

var. purpureum during the period of overgrazing, as no basewide surveys

for sensitive plant species had been conducted and the status of

populations was not tracked. Grazing on Fort Hunter Liggett stopped in

1991 (Stechman 1995), but is scheduled to be resumed in the future,

although no date has been set. If the recommendations in the grazing

assessment are followed, cattle grazing leases would include most of

the extended northern locality of this taxon and all of the second

locality in Training Area 25. Only the southernmost locality, at the

boundaries of Training Areas 23, 24, and 27, would be completely

excluded from cattle use.

Chlorogalum purpureum var. reductum is within an active grazing

allotment on the LPNF that cattle use from February through May (USFS

1997)

ready caused by vehicles.

D. The inadequacy of existing regulatory mechanisms. Pursuant to

the Native Plant Protection Act (Div. 2, chapter 10 sec. 1900 et seq.

of the California Department of Fish and Game Code) and the California

Endangered Species Act (Div. 3, chapter 1.5 sec. 2050 et seq.), the

California Fish and Game Commission listed Chlorogalum purpureum var.

reductum as rare in 1978. California Senate Bill 879, passed in 1997

and effective January 1, 1998, requires individuals to obtain a section

2081(b) permit from CDFG to take a listed species incidental to

otherwise lawful activities, and requires that all impacts be fully

mitigated and all measures be capable of successful implementation.

These requirements have not been tested; it will take several years

before their effectiveness can be evaluated.

Chlorogalum purpureum var. reductum occurs primarily on Federal

lands managed by the LPNF. State listing provides no consultation or

other requirements for protection on Federal lands, although it is USFS

policy to work with the State in the conservation of such taxa. The

management of sensitive resources on the LPNF is guided by various

policies and regulations, including the National Environmental Policy

Act (NEPA) of 1969 (Pub.L. 91-109, 42 U.S.C. 4321-4347, 83 Stat. 852),

National Forest Management Act (16 U.S.C. 1600 et seq.), and the Land

and Resource Management Plan for the Los Padres National Forest (1988).

The NEPA requires that the USFS disclose and consider potential

environmental impacts of a proposed project. Under new regulations, 10-

year grazing permits are subject to the NEPA process. The USFS recently

produced an Environmental Assessment (EA) for the grazing allotment

where Chlorogalum purpureum var. reductum occurs (USFS 1997). This EA

states that the USFS will monitor the effects of grazing on this taxon

at the USFS disclose and consider potential

environmental impacts of a proposed project. Under new regulations, 10-

year grazing permits are subject to the NEPA process. The USFS recently

produced an Environmental Assessment (EA) for the grazing allotment

where Chlorogalum purpureum var. reductum occurs (USFS 1997). This EA

states that the USFS will monitor the effects of grazing on this taxon.

Although NEPA requires disclosure of potential effects of Federal

actions, and allows for comment by agencies and the public, it does

not, of itself, provide additional protection.

The Land and Resource Management Plan for LPNF (1988) directs the

USFS to ensure the viability of sensitive plant species and to

emphasize the improvement and protection of habitat for sensitive

species in their management activities. These regulations appear to be

adequate, but their implementation by the USFS has not been consistent.

Unless the points of access are blocked by more permanent means,

illegal trespass by vehicles into the habitat of Chlorogalum purpureum

var. reductum is likely to continue. Since the construction of the pipe

barriers, it appears that staff and funding have not been adequate to

monitor trespassing, repair fencing, or bolster barriers in a timely

manner, particularly during the past two years.

Chlorogalum purpureum var. purpureum occurs solely on Federal lands

managed by Fort Hunter Liggett. The Department of Defense has various

policies and directives to guide the management of sensitive natural

resources. Army Regulation 200-3 provides for environmental review of

projects that might affect sensitive and listed species. Fort Hunter

Liggett has had an environmental review process since 1994. Chlorogalum

purpureum var. purpureum is included in this process. In some cases,

projects are being modified to reduce impacts to this taxon. For

example, an alternative site for a planned bayonet course is being

considered to avoid placing it within or directly adjacent to the

locality of C. p

sitive and listed species. Fort Hunter

Liggett has had an environmental review process since 1994. Chlorogalum

purpureum var. purpureum is included in this process. In some cases,

projects are being modified to reduce impacts to this taxon. For

example, an alternative site for a planned bayonet course is being

considered to avoid placing it within or directly adjacent to the

locality of C. p. var. purpureum. In other cases, such as the recent

construction of the obstacle course and parking areas, projects

continue to be sited in occupied habitat and to affect this taxon. In

addition, environmental review only occurs for projects that require

excavation; bivouacking and vehicle impacts are not covered by this

process. The environmental review process does not always allow for

assessment surveys to be conducted at the time of year when the plant

can be identified (H. Hormann, in litt. 1997). For example, surveys for

the proposed bayonet course occurred in late summer 1997, when the

above-ground portions of the plants were dry and difficult to locate.

Under Army Regulation 200-3, a Species Management Plan for

Chlorogalum purpureum var.

purpureum has been developed (Hazebrook and Clark 1997). While some of

the goals will benefit the taxon if achieved, the actual protection it

affords is minimal and based primarily on avoiding impacts to

populations ``when feasible.'' To date, no areas where C. purpureum

var. purpureum occurs on the base are off-limits to training. The

Service concludes that Army directives, while improving the

consideration that this taxon receives on the base, have not yet

altered activities to sufficiently reduce the threats posed by military

activities.

E. Other natural or manmade factors affecting its continued

existence. Other factors affecting individuals of this species include

military training and changes in fire frequency

. The

Service concludes that Army directives, while improving the

consideration that this taxon receives on the base, have not yet

altered activities to sufficiently reduce the threats posed by military

activities.

E. Other natural or manmade factors affecting its continued

existence. Other factors affecting individuals of this species include

military training and changes in fire frequency. Training activities

that involve trampling, camping, or driving through occupied habitat

are likely to directly crush flowers, fruits, and vegetative parts of

Chlorogalum purpureum var. purpureum and result in diminished

reproductive success, lower seedling establishment, and reduced plant

vigor. Training activities increase in the spring, around April, and

peak in the summer (U.S. Dept. of Army 1997), a period that coincides

with flowering and fruiting of the taxon. Seedling establishment may be

reduced by direct crushing and also due to changes in soil bulk density

and water-holding capacity. Training activities lead to soil compaction

and soil disturbance which also encourages the invasion of weedy,

nonnative plant species that may compete directly with C. p. var.

purpureum.

Burning at too frequent intervals or during seasons of growth and

reproduction may threaten Chlorogalum purpureum var. purpureum at Fort

Hunter Liggett. A spring burn at the southernmost locality on Fort

Hunter Liggett in 1995 may have stimulated increased flowering in the

spring of 1996. However, the fire destroyed most of the seed crop

because it occurred in May, rather than August, when most seeds would

have been dispersed (Painter and Neese 1997). Burning at too frequent

intervals may damage a population due to the slow growth rate of

seedlings, which take from 8 to 15 years to reach reproductive maturity

(Judith Jernstedt, University of California at Davis, pers. comm.

1997). In addition, immature plants with small bulbs located near the

soil surface may be particularly vulnerable to fires

have been dispersed (Painter and Neese 1997). Burning at too frequent

intervals may damage a population due to the slow growth rate of

seedlings, which take from 8 to 15 years to reach reproductive maturity

(Judith Jernstedt, University of California at Davis, pers. comm.

1997). In addition, immature plants with small bulbs located near the

soil surface may be particularly vulnerable to fires.

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. Based on this evaluation, the preferred action is to list the

species as threatened. Chlorogalum purpureum does not appear to be in

danger of extinction throughout all or a significant portion of its

range at this time. Threats to the species are primarily associated

with unauthorized activity (i.e., vehicle trespass) on USFS lands and

military activities due to its location in active training areas and

the housing and administration area of an Army base. However, because

the Army's environmental directives are increasing the consideration

afforded this and other rare plant species on Fort Hunter Liggett and

because the USFS has implemented some management actions for this

species, the Service determines that threatened status is currently

appropriate. The species is not currently in danger of extinction, but

is likely to become so if trends of increasing use of its habitat for

military training activities continue and if OHV activities increase on

USFS lands.

Critical Habitat

unter Liggett and

because the USFS has implemented some management actions for this

species, the Service determines that threatened status is currently

appropriate. The species is not currently in danger of extinction, but

is likely to become so if trends of increasing use of its habitat for

military training activities continue and if OHV activities increase on

USFS lands.

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

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

finds that designation of critical habitat for Chlorogalum purpureum is

not prudent. 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 largest sites of Chlorogalum purpureum are located at Fort

Hunter Liggett military base

en 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 largest sites of Chlorogalum purpureum are located at Fort

Hunter Liggett military base. Military training and support activities

comprise the primary threat to the three localities. The Army is aware

of the plant's location and is developing a monitoring program.

Designation of these areas as critical habitat would provide no

additional protection against threats to the species. On Federal lands

managed by the LPNF, suitable habitat for Chlorogalum purpureum occurs

in a discrete, well-defined area. The primary threat to this population

is illegal trespass by OHVs. The USFS is aware of the plant's location

and has implemented active management, including construction of fences

and barriers as well as monitoring. Designation of this area as

critical habitat would add no additional protection against the threats

faced by the species. The other known localities of Chlorogalum

purpureum are small and occur only on private lands where there is very

little likelihood of Federal involvement. Designation of critical

habitat for this species is, therefore, not prudent because of lack of

benefit.

Available Conservation Measures

area as

critical habitat would add no additional protection against the threats

faced by the species. The other known localities of Chlorogalum

purpureum are small and occur only on private lands where there is very

little likelihood of Federal involvement. Designation of critical

habitat for this species is, therefore, not prudent because of lack of

benefit.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing encourages and

results in conservation actions by Federal, State, and local agencies,

private organizations, and individuals. The Act provides for possible

land acquisition from willing sellers 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, 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 any proposed or

designated critical habitat. Regulations implementing this interagency

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

Section 7(a)(4) requires Federal agencies to confer with the Service on

any action that is likely to jeopardize the continued existence of a

species proposed for listing 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

the Act are codified at 50 CFR part 402.

Section 7(a)(4) requires Federal agencies to confer with the Service on

any action that is likely to jeopardize the continued existence of a

species proposed for listing 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 destroy or adversely modify its

critical habitat, if any is designated. 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.

Although this rule treats Chlorogalum purpureum at the specific

level (i.e., it is proposed as one species rather than as two separate

varieties), each of the varieties would be treated as a separate

taxonomic entity for the purposes of section 7 consultation and the

recovery process, if the species is listed. In other words, the

jeopardy standard could be applied to either C. p. var. purpureum or C.

p. var. reductum as separately identified recovery units.

Federal agencies that may affect the species proposed in this rule

through activities they fund, authorize, or carry out are the USFS (at

Los Padres National Forest), the Department of the Army (at Fort Hunter

Liggett) and, to a much smaller extent, the Federal Highway

Administration through funds provided for State highway construction or

maintenance.

Chlorogalum purpureum var. purpureum occurs wholly on Federal lands

managed by the Department of the Army. Activities the Army funds,

authorizes, or carries out that could affect this taxon include, but

are not limited to, construction and use of training facilities, field

training exercises, road construction and maintenance, prescribed

burning, fire suppression activities, livestock grazing, and hunting.

Chlorogalum purpureum var

rs wholly on Federal lands

managed by the Department of the Army. Activities the Army funds,

authorizes, or carries out that could affect this taxon include, but

are not limited to, construction and use of training facilities, field

training exercises, road construction and maintenance, prescribed

burning, fire suppression activities, livestock grazing, and hunting.

Chlorogalum purpureum var. reductum occurs primarily on public

lands managed by the USFS on Los Padres National Forest. Activities

that the USFS funds, authorizes, or carries out that could affect this

taxon include grazing, OHV activities, road maintenance, and special

use permits authorizing use and the development of management plans for

special use areas.

Listing Chlorogalum purpureum as threatened will provide for the

development of a recovery plan. The plan will bring together Federal,

State, and local efforts for the plant's conservation, establishing a

framework for cooperation and coordination. The plan will set recovery

priorities and describe site-specific management actions necessary to

achieve the conservation of the species. Additionally, pursuant to

section 6 of the Act, the Service will be more likely to grant funds to

affected states for management actions promoting the protection and

recovery of the species.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered or

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

implemented by 50 CFR 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

FR 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 the

malicious damage or destruction on areas under Federal jurisdiction and

the removal, cutting, digging up, or damaging or destroying of such

plants in knowing violation of any State law or regulation, including

State criminal trespass law. Section 4(d) of the Act allows for the

provision of such protection to threatened species through regulation.

This protection may apply to this species in the future if regulations

are promulgated. Seeds from cultivated specimens of threatened plants

are exempt from these prohibitions provided that their containers are

marked ``Of Cultivated Origin.'' Certain exceptions to the prohibitions

apply to agents of the Service and State conservation agencies.

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

issuance of permits to carry out otherwise prohibited activities

involving endangered or threatened plant species under certain

circumstances. Such permits are available for scientific purposes and

to enhance the propagation or survival of the species. For threatened

plants, permits are also available for botanical or horticultural

exhibition, educational purposes, or special purposes consistent with

the purposes of the Act. It is anticipated that few trade permits would

ever be sought or issued because this species is not in cultivation or

common in the wild. Information collections associated with these

permits are approved under the Paperwork Reduction Act, 44 U.S.C. 3501

et seq., and assigned Office of Management and Budget clearance number

1018-0094

special purposes consistent with

the purposes of the Act. It is anticipated that few trade permits would

ever be sought or issued because this species is not in cultivation or

common in the wild. Information collections associated with these

permits are approved under the Paperwork Reduction Act, 44 U.S.C. 3501

et seq., and assigned Office of Management and Budget clearance number

1018-0094. For additional information concerning these permits and

associated requirements, see 50 CFR 17.72.

Requests for copies of the regulations on listed species and

inquiries about prohibitions and permits may be addressed to the U.S.

Fish and Wildlife Service, Endangered Species Permits, 911 NE 11th

Avenue, Portland, Oregon 97232-4181 (telephone: 503/231-2063;

facsimile: 503/231-6243).

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 be likely to

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 the listing on proposed and ongoing activities within the species'

range. Chlorogalum purpureum occurs on lands under the jurisdiction of

the USFS and Department of the Army. Collection of the species on

Federal lands is prohibited, although in appropriate cases a Federal

endangered species permit may be issued to allow collection. 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. The Service is not currently aware of any otherwise lawful

activities being conducted or proposed by the public that will be

affected by this listing and result in a violation of section 9

es 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. The Service is not currently aware of any otherwise lawful

activities being conducted or proposed by the public that will be

affected by this listing and result in a violation of section 9. The

Service believes that, based upon the best available information, the

following actions will not result in a violation of section 9, provided

these activities are carried out in accordance with existing

regulations and permit requirements:

(1) Activities authorized, funded, or carried out by Federal

agencies (e.g., grazing management, military activities, road

construction and maintenance, prescribed burning, fire suppression

activities, hunting, or other land use activities that would

significantly modify the species' habitat), when such activity is

conducted in accordance with any reasonable and prudent measures given

by the Service according to section 7 of the Act;

(2) Casual, dispersed human activities on foot or horseback (e.g.,

bird-watching, photography, camping, hiking); and

(3) Activities on private lands (without Federal funding or

involvement), such as grazing management, residential development, road

construction, pesticide/herbicide application, residential landscape

maintenance, and pipelines or utility lines crossing suitable habitat.

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 Ventura Fish and Wildlife

Office (see ADDRESSES section).

Public Comments Solicited

onstruction, pesticide/herbicide application, residential landscape

maintenance, and pipelines or utility lines crossing suitable habitat.

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 Ventura Fish and Wildlife

Office (see ADDRESSES section).

Public Comments Solicited

The Service intends that any final action resulting from this

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

comments or suggestions from the public, other concerned governmental

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

party concerning this proposed rule are hereby solicited. Comments are

particularly sought concerning:

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

any threat (or lack thereof) to Chlorogalum purpureum;

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

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

critical habitat pursuant to section 4 of the Act;

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

population size of the species; and

(4) Current or planned activities in the subject 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 a public hearing on this proposal, if

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

publication of the proposal in the Federal Register. Such requests must

be made in writing and be addressed to the Field Supervisor (see

ADDRESSES section).

National Environmental Policy Act

ay lead to a final decision-making

document that differs from this proposal.

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

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

publication of the proposal in the Federal Register. Such requests must

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

This proposed 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 Ventura Fish and Wildlife Office (see ADDRESSES

section).

Author: The primary author of this proposal is Diane Steeck,

Ventura 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.

4201-4205; 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.

4201-4205; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

2. Amend Sec. 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

* * * * * * *

Chlorogalum purpureum............ Purple amole........ U.S.A. (CA)........ Liliaceae--Lily.... T ........... NA NA

* * * * * * *

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

Dated: March 17, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-8050 Filed 3-27-98; 8:45 am]

BILLING CODE 4310-55-U