Federal Register, Volume 59 Issue 191 (Tuesday, October 4, 1994)

[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24491]

[[Page Unknown]]

[Federal Register: October 4, 1994]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC99

Endangered and Threatened Wildlife and Plants; Proposed
Endangered or Threatened Status for 10 Plants From the Foothills of the
Sierra Nevada Mountains in 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 four plants: Brodiaea pallida (Chinese Camp
brodiaea), Calyptridium pulchellum (Mariposa pussypaws), Lupinus
citrinus var. deflexus (Mariposa lupine), and Mimulus shevockii (Kelso
Creek monkeyflower). The Service also proposes threatened status for
six plants: Allium tuolumnense (Rawhide Hill onion), Clarkia
springvillensis (Springville clarkia), Carpenteria californica
(carpenteria), Fritillaria striata (Greenhorn adobe lily), Navarretia
setiloba (Piute Mountains navarretia), and Verbena californica (Red
Hills vervain). These plants are known from the annual grassland,
chaparral, Joshua tree, pinyon-juniper, blue oak, and digger pine
woodland communities in the foothills of the Sierra Nevada Mountains in
central California. The 10 plants are threatened by one or more of the
following: agricultural land conversion, urbanization, logging, highway
construction and road maintenance activities, overgrazing, off-highway
vehicle use, mining, insect predation, inadequate regulatory
mechanisms, stochastic extinction from random natural events, and
incompatible fire management techniques. This proposal, if made final,
would implement the Federal protection and recovery provisions afforded
by the Act for these plants.

DATES: Comments from all interested parties must be received by
December 5, 1994. Public hearing requests must be received by November
18, 1994.

ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 2800
Cottage Way, Room E-1803, Sacramento, California 95825-1846. Comments
and materials received will be available for inspection, by
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Kenneth Fuller (see ADDRESSES) at 916-
978-4866.

SUPPLEMENTARY INFORMATION:

Background

Allium tuolumnense (Rawhide Hill onion), Brodiaea pallida (Chinese
Camp brodiaea), Calyptridium pulchellum (Mariposa pussypaws),
Carpenteria californica (carpenteria), Clarkia springvillensis
(Springville clarkia), Fritillaria striata (Greenhorn adobe lily),
Lupinus citrinus var. deflexus (Mariposa lupine), Mimulus shevockii
(Kelso Creek monkeyflower), Navarretia setiloba (Piute Mountains
navarretia), and Verbena californica (Red Hills vervain) are located in
the western foothills of the Sierra Nevada Mountains in California,
from Jamestown in Tuolumne County, to Bodfish in Kern County, to near
Grapevine in the foothills of the Tehachapi Mountains in Kern County.
The Sierra Nevada Mountains are California's largest mountain range,
extending from the Mojave Desert in the south to the Modoc Plateau in
the north. The Sierra Nevada Mountains are 645 kilometers (km) (400
miles) long, 95 to 130 km (60 to 80 miles) wide, and north-south
oriented on the east side of California. Structurally, this mountain
range is a westerly tilted Cenozoic fault block consisting of granitic
and metamorphic rocks. These mountains have an elevational range of
1,000 to 4,000 meters (m) (3,000 to 12,000 feet (ft)) and a
precipitation range of 750 to 2,030 millimeters (mm) (30 to 80 inches
(in)). These mountains are a region of winter snow and some summer
thunderstorms. Montane and subalpine coniferous forests dominate the
area with minor components of deciduous forests. Lakes, swamps, rock
outcrops, talus slopes, meadows, and montane chaparral occupy more than
half of the ground surface.
Each of these 10 plant species exhibits strong substrate
preferences. Allium tuolumnense, Brodiaea pallida, and Verbena
californica are associated with serpentine soils in an elevational
range from 260 to 600 m (850 to 2,000 ft) in the Red Hills and near
Rawhide Hill in Tuolumne County. Serpentine soils are derived from
ultramafic rocks such as serpentinite, dunite, and peridotite, which
are found in discontinuous outcrops in the foothills of the Sierra
Nevada and in the Coast Ranges from Santa Barbara County to British
Columbia, Canada. Although the ultramafic rocks may be of igneous
origin (peridotite, dunite, or harzburgite) or metamorphics
(serpentine), the major constituent of the parent rock is some variant
of iron-magnesium silicate. Serpentine and other ultramafics weather
into shallow, rocky, and highly erodible soils. Typically, these soils
are rich in magnesium, iron, chromium, nickel, and silicates and are
deficient in nitrogen, calcium, phosphorus, and molybdenum (Kruckeberg
1984). The unique mineral nutrition and cation status of serpentine
soils are inhospitable for the growth of most plants. Nevertheless,
serpentine soils support a diversity of plants, some of which are
restricted entirely to these soils. Allium tuolumnense is associated
with sunny, rocky, often south-facing slopes. Brodiaea pallida and
Verbena californica are often found in the blue oak (Quercus douglasii)
or digger pine (Pinus sabiniana) woodland communities.
Calyptridium pulchellum, Lupinus citrinus var. deflexus, and
Mimulus shevockii are associated with sandy, decomposed granitic soils
in foothill woodlands. Fritillaria striata and Navarretia setiloba are
found in heavy clay soils in the openings of blue oak woodland. Clarkia
springvillensis most often is found on roadbanks and openings in blue
oak woodlands.
Marion Ownbey first recognized Allium sanbornii var. tuolumnense in
``A California Flora'' (Munz 1959). The first validly published
description of the plant was Hamilton P. Traub's 1972 treatment. Stella
Denison and Dale McNeal (1989) revised the A. sanbornii complex and
elevated the variety to a species based upon the position of stamens
and styles and the length and shape of perianth (sepals and petals)
segments.
Allium tuolumnense is an erect, herbaceous perennial of the lily
family (Liliaceae) that grows from underground bulbs. This species has
fleshy, green entire leaves that reach a height of 25 to 50 centimeters
(cm) (10 to 20 in), and has a loose, 20 to 60 flowered, white- or pink-
flushed inflorescence appearing in late March to early May. Allium
tuolumnense differs from A. sanbornii and A. jepsonii in its entire,
spreading perianth segments, fringed ovarian bumps (processes), and
early blooming period that does not overlap with any other Allium
species. Although this plant can reproduce from seed, A. tuolumnense
tends to reproduce asexually from its underground bulb, forming small
colonies of usually fewer than 100 plants per colony (BioSystems
Analysis 1984). A. tuolumnense is a highly restricted endemic that only
grows on serpentine soils in the foothills of the Sierra Nevada in
southwestern Tuolumne County from 400 to 600 m (1,310 to 1,970 ft) in
elevation. A. tuolumnense is known from two localities: Table Mountain
and the Red Hills. The entire range of the species includes a 342
square kilometer (sq km) (132 square mile (sq mi)) area. Approximately
25 percent of A. tuolumnense is found on private lands and 75 percent
on lands administered by the Bureau of Land Management (BLM). A.
tuolumnense is threatened by placer mining, urbanization, and
potentially by overgrazing.
Robert Hoover (1938) first described Brodiaea pallida from
specimens collected near Chinese Camp in Tuolumne County. B. pallida is
an erect, herbaceous perennial in the lily family (Liliaceae). The
plant grows from an underground bulb and has long, narrow, thick,
succulent leaves that reach a height of 1 to 3 decimeters (dm) (4 to 12
in). Several to many rose-pink flowers appear in an umbrella-like
cluster at the top of a leafless stem in late May to early June. B.
pallida grows in association with two sympatric congeners and can
hybridize with one of them (Keator 1993). Despite these incidences of
hybridization, the species is considered stable (Blaine Rogers,
Columbia Coll., pers. comm., 1993). B. pallida can be separated from
its congeners and hybrids by flower color and the length, width, shape,
and position of nonpollen bearing stamens.
Brodiaea pallida grows in seeps and springs in serpentine and
volcanic soils within a stream channel on private land in the Red
Hills, Tuolumne County. This species is restricted to a 3 to 6 m (10 to
20 ft) wide and 0.8 km (0.5 mi) long stretch of private land in an old,
intermittent stream channel at an elevation of 385 m (1,260 ft). The
species has always had an extremely limited distribution; searches of
potential habitat in other areas have failed to locate any additional
plants. The single population is threatened by urbanization, inadequate
State regulatory mechanisms, and stochastic events. Several of the
parcels of privately-owned land where the plant is located are for
sale. Although The Nature Conservancy (TNC) has secured a 1-year lease
on one of the parcels, permanent protection for this plant is lacking.
Joseph Congdon collected the type specimen of Calyptridium
pulchellum on ``Pea Ridge'' in Mariposa County in 1901. Alice Eastwood
(1902) first described this plant as Spraguea pulchella. Robert Hoover
(1940) revised the genera Spraguea and Calyptridium and renamed this
plant Calyptridium pulchellum based on the combination of flower and
vegetative characteristics and habitat. C. pulchellum is a small,
compact, rosette-forming, annual herb in the purslane family
(Portulacaceae). The smooth, slender, prostrate stems are 1 to 2 dm (4
to 8 in) long, with smooth, spatula-shaped leaves. Rose-colored, four-
petaled flowers appear in loose panicles between May and August.
The fibrous-rooted plant grows on decomposed granitic sands between
elevations of 460 to 1,090 m (1,500 to 3,600 ft) in foothill woodlands
and converted chaparral grasslands in the Sierra Nevada foothills. No
other species of Calyptridium co-occurs with C. pulchellum. The seven
populations of C. pulchellum are found in Fresno, Madera, and Mariposa
Counties over a range of 1,940 sq km (750 sq mi). Six populations of C.
pulchellum occur on private land and one population occurs on Forest
Service land (Sierra National Forest). C. pulchellum is threatened by
urbanization and potentially by overgrazing.
John C. Fremont collected Carpenteria californica from an area in
the Kings River watershed on his third expedition to California in
1846. John Torrey (1852) first described C. californica from specimens
sent to him by John Fremont. The monotypic genus Carpenteria is one of
California's many endemic genera that are relicts without any close
relatives; this genus probably had a wider range earlier in Tertiary
time (Barbour and Major 1988).
Carpenteria californica is an erect to spreading evergreen shrub in
the mock orange family (Philadelphaceae) that grows to a height of 1 to
6.5 m (3 to 13 ft). The plant has glossy green, opposite leaves and
pale bark that peels in large sheets in the fall. Terminal, white,
showy flowers appear in May or June and last through July at the upper
elevational limits. C. californica is found in drainages and mesic
areas on mostly granitic soils from 460 to 1,220 m (1,500 to 4,000 ft)
in elevation within the chaparral and cismontane woodland communities
of the foothills of the Sierra Nevada in eastern Fresno County. C.
californica is known from six populations distributed over a 583 sq km
(225 sq mi) area. One population of C. californica is on private lands,
four are on lands administered by the U.S. Forest Service (Sierra
National Forest), and one is on both private and Forest Service lands.
Collectively, approximately 30 percent of C. californica individuals
occur on private lands. A portion of one population of C. californica
is protected on a preserve owned by TNC. C. californica is threatened
by urbanization, fire management practices, overgrazing and trampling
by cattle, and inadequate State regulatory mechanisms. Logging, illegal
dumping, highway construction, maintenance of roads and rights-of-way
activities, and competition from native brush species have the
potential to adversely impact this species.
Frank Vasek (1964) first collected and described Clarkia
springvillensis from its type locality along Balch Park Road near
Springville, Tulare County. C. springvillensis is an erect annual herb
in the evening-primrose family (Onagraceae). The 1 m (3 ft) tall plant
has simple or usually branched stems. The bright green leaves are 2 to
9 cm (0.8 to 3.5 in) long and 5 to 20 mm (0.2 to 0.8 in) wide. The
lavender-pink flowers appear in May to July and usually have a dark
purplish basal spot. C. springvillensis can be separated from the
sympatric congener C. unguiculata by the absence of long hairs on the
calyx and ovary, the purple sepals, and the dark purplish spot at the
base of the petals.
Clarkia springvillensis is found on granitic soils in open sunny
sites in blue oak woodlands and on roadbanks from 360 to 910 m (1,220
to 3,000 ft) in elevation. Nine of the 10 historically reported
populations of C. springvillensis are extant, all in Tulare County.
Eight of the nine populations are found within a 111 sq km (43 sq mi)
area in eastern Tulare County, with the remaining population occurring
26 km (16 mi) to the northwest. One population of C. springvillensis is
partially protected where it occurs on California Department of Fish
and Game land, one population is on lands owned by Tulare County, three
are on privately owned land, and four populations are on lands
administered by the Forest Service (Sequoia National Forest).
Urbanization, overgrazing, timber operations, inadequate State
regulatory mechanisms, sphinx moth predation, and roadway maintenance
activities threaten this plant.
Alice Eastwood (1931) described Fritillaria striata from specimens
collected by Roy Weston on the Rattlesnake Grade in the Greenhorn
Mountains of Kern County. F. striata is a slender, herbaceous perennial
in the lily family (Liliaceae). An unbranched stem grows 5 to 10 cm (2
to 4 in) above the surface of the ground from an underground bulb. The
predominantly basal, alternate to opposite leaves are oblong to lance-
shaped, 1 to 2 cm (0.4 to 0.8 in) wide and 6 to 10 cm (2 to 4 in) long.
The upper leaves are narrower and undulate. The one to four fragrant,
bell-shaped flowers appear from February through April. F. striata
differs from the related F. pluriflora (adobe lily), which occurs in
the northern Sacramento Valley foothills, in the shape, size, and
coloring of the flowers, the conspicuous nectaries, and the connivent
(converging) stigmas (Stebbins 1989, Eastwood 1931).
Fritillaria striata is found on heavy, usually red clay soils on
the grasslands and in the blue oak woodlands of the southeastern San
Joaquin Valley and southern Sierra Nevada foothills. Fourteen
populations of F. striata occur in Kern County and three populations
are found in Tulare County (California Natural Diversity Data Base
(CNDDB) 1993) discontinuously scattered over a 7,250 sq km (2,800 sq
mi) area. The 17 populations range in elevation from 300 to 1,430 m
(1,000 to 4,800 ft). All populations occur on private lands. F. striata
is threatened by urbanization, livestock use, competition from
nonnative grasses, agriculture land conversion, road widening,
emergency road maintenance, inadequate State regulatory mechanisms, and
off-highway vehicle use.
Joseph Congdon (1904) described Lupinus deflexus from specimen that
he collected near Mariposa Creek in Mariposa County in 1903. Willis
Jepson (1936) revised the treatment of this species and reduced the
plant to the varietal status, Lupinus citrinus var. deflexus. Lupinus
citrinus var. deflexus is an erect, diffusely-branched annual herb
belonging to the pea family (Fabaceae). The 3 to 5 dm (12 to 20 in)
high plants are short-hairy to hairless and have palmately compound
leaves that are 15 to 25 mm (.5 to 1.0 in) long. The six to nine
leaflets are about one-third as wide as they are long and are linear or
spatulate in shape with rounded or obtuse tips. The white with pink or
lavender tipped flowers appear in April through May.
Lupinus citrinus var. deflexus grows on decomposed granitic sands
on ridgetops and hillsides in openings in foothill woodlands from 475
to 580 m (1,400 to 1,900 ft) in elevation. The four populations of this
plant occur on private lands in Mariposa County over a 40 sq km (15 sq
mi) area. Two of the four populations co-occur with Calyptridium
pulchellum. Lupinus citrinus var. deflexus is threatened by
urbanization, inadequate State regulatory mechanisms, and potentially
by overgrazing.
Lawrence Heckard and Rimo Bacigalupi (1986) first described Mimulus
shevockii from specimen first collected by James Shevock around the
Kelso Creek area near the east base of the Piute Mountains in Kern
County. M. shevockii is an erect, desert annual in the snapdragon
family (Scrophulariaceae). This plant grows to 1 dm (4 in) in height
and has opposite, sessile, somewhat fleshy leaves along reddish stems.
Asymmetric flowers appear from late March to May. The corolla is two-
lipped. The upper flower lip has two short, entire, lateral maroon-
purple lobes. The lower flower lip is similar but larger in size and
has an additional large, partially divided yellow lobe with red
mottling. Mimulus androsaceus and M. fremontii grow with M. shevockii
and have some similar vegetative features but differ in flower color.
Mimulus androsaceus has a red-purple flower and M. fremontii has a
rose-purple flower.
Mimulus shevockii occurs predominately in loamy, coarse sands on
alluvial fans and deposits of granitic origin within the Joshua tree
(Yucca brevifolia) or California juniper (Juniperus californica) xeric
woodlands in Kern County. M. shevockii is found within an elevational
range of 975 to 1,250 m (3,200 to 4,100 ft). Six of the seven
populations of M. shevockii are within a 31 sq km (12 sq mi) area, with
the remaining population 14 km (9 mi) to the northwest. Two populations
are found on private lands and five populations occur partially on BLM
land and partially on private land. M. shevockii is threatened by
urbanization, off-highway vehicle use, and agricultural land
conversion.
Frederick Coville (1893) first described Navarretia setiloba from
plants he collected from a ridge between Kernville and Havilah in Kern
County. Navarretia setiloba is an erect annual herb in the phlox family
(Polemoniaceae), and grows to a height of 8 to 20 cm (3 to 8 in). The
linear, pinnately-lobed leaves have rigid, spinose lobes. The terminal
lobe is broadly lanceolate and often purplish. The 20 to 30 purple-
flowered inflorescence appears from April through June and is about 10
mm (0.4 in) long. The flowers are subtended by spiny bracts that are
constricted in the middle. Navarretia setiloba is distinguished from
sympatric cogeners by the broad terminal lobe on each leaf, and by its
purple flowers.
The plant grows on heavy, often red-colored clay soils within blue
oak, digger pine, or juniper woodlands between 300 to 960 m (1,000 to
3,200 ft) in elevation. Six populations of Navarretia setiloba are
known from northern Kern County over a 4,000 sq km (1,560 sq mi) area.
One population occurs on land administered by the BLM and five
populations are found on private lands. Navarretia setiloba is
threatened by urbanization and off-highway vehicle use.
Harold A. Moldenke (1942) first described Verbena californica from
specimen collected by Robert Hoover from an area north of Keystone in
Tuolumne County. Verbena californica is an erect perennial herb in the
vervain family (Verbenaceae), and grows to 60 cm (23 in) in height with
opposite, bright green, sessile leaves. White-blue to purple blossoms
appear from May through September. No closely related species co-occur
with Verbena californica.
The nine historic and current populations of Verbena californica
grow along intermittent and perennial streams underlain by serpentine
rocks in the Red Hills of Tuolumne County. The populations have an
elevational range from 260 to 335 m (850 to 1,150 ft) and are
distributed over a 62 sq km (24 sq mi) area. Fifteen percent of the V.
californica plants occur on lands administered by the BLM, and 85
percent of the plants occur on privately owned lands (CDFG 1993).
Verbena californica is threatened by urbanization, recreational placer
gold mining, and potentially by overgrazing.

Previous Federal Action

Federal government actions on these 10 plants began as a result of
section 12 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1533), which directed the Secretary of the Smithsonian Institution to
prepare a report on those plants considered to be endangered,
threatened, or extinct in the United States. This report, designated as
House Document No. 94-51, was presented to Congress on January 9, 1975,
and included Brodiaea pallida and Navarretia setiloba as endangered and
Fritillaria striata and Lupinus citrinus var. deflexus as threatened.
The Service published a notice in the July 1, 1975, Federal Register
(40 FR 27823) of its acceptance of the report of the Smithsonian
Institution as a petition within the context of section 4(c)(2)
(petition provisions are now found in section 4(b)(3) of the Act) and
its intention thereby to review the status of the plant taxa named
therein. The above four taxa were included in the July 1, 1975, notice.
On June 16, 1976, the Service published a proposal 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. The
list of 1,700 plant taxa was assembled on the basis of comments and
data received by the Smithsonian Institution and the Service in
response to House Document No. 94-51 and the July 1, 1975, Federal
Register publication. Brodiaea pallida, Calyptridium pulchellum, and
Navarretia setiloba were included as endangered in the June 16, 1976,
Federal Register document.
General comments received in relation to the 1976 proposal were
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). The Endangered Species Act amendments of 1978 required that all
proposals over 2 years old be withdrawn. A 1-year grace period was
given to those proposals already more than 2 years old. In the December
10, 1979, Federal Register (44 FR 70796), the Service published a
notice of withdrawal of the June 16, 1976, proposal, along with four
other proposals that had expired.
The Service published an updated notice of review for plants on
December 15, 1980 (45 FR 82480). The notice included Allium tuolumnense
(as Allium sanbornii var. tuolumnense), Brodiaea pallida, Calyptridium
pulchellum, Clarkia springvillensis, Fritillaria striata, Lupinus
citrinus var. deflexus (as Lupinus deflexus), Navarretia setiloba, and
Verbena californica as category 1 candidates and Carpenteria
californica as a category 2 candidate for Federal listing. Category 1
species are those for which the Service has on file substantial
information on biological vulnerability and threats to support
preparation of listing proposals. Category 2 species are those for
which data in the Service's possession indicate listing is possibly
appropriate, but for which substantial data on biological vulnerability
and threats are not currently known or on file to support rules. On
November 28, 1983, the Service published in the Federal Register a
supplement to the notice of review (48 FR 53640). This supplement
contained Allium sanbornii var. tuolumnense, Brodiaea pallida, and
Verbena californica as category 1 candidates for Federal listing. This
supplement also elevated Carpenteria californica to a category 1
candidate and reclassified Clarkia springvillensis, Calyptridium
pulchellum, Fritillaria striata, Lupinus citrinus var. deflexus, and
Navarretia setiloba to category 2. This supplement also added Mimulus
sp./sp. nov. ined. (Kern County) and Mimulus sp./sp. nov. ined. (Tulare
County) as a category 2 species. This species is now known as Mimulus
shevockii.
The plant notice was revised on September 27, 1985 (50 FR 39526).
The status of these 10 plants remained unchanged from the 1983
supplement. In the February 21, 1990 (55 FR 6184) notice, Clarkia
springvillensis, Navarretia setiloba, and Mimulus shevockii were
elevated to category 1 status. The status of the other seven taxa
remained unchanged. In the September 30, 1993, plant notice of review
(58 FR 51144), Calyptridium pulchellum was included as a category 2
species and the remaining nine taxa were included as category 1
species. Since publication of the 1990 notice and based on additional
information received from botanists knowledgeable about the status of
Calyptridium pulchellum, Fritillaria striata, and Lupinus citrinus var.
deflexus, these species were placed in category 1 by the Director's
approval.
Section 4(b)(3)(B) of the Act requires the Secretary to make
certain findings on pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1983, be treated as having been
newly submitted on that date. This was the case for Brodiaea pallida,
Fritillaria striata, Lupinus citrinus var. deflexus, and Navarretia
setiloba because the 1975 Smithsonian report had been accepted as a
petition. On October 13, 1983, the Service found that the petitioned
listing of these species was warranted but was precluded by other
pending listing actions in accordance with section 4(b)(3)(B)(iii) of
the Act; notification of this finding was published on January 20, 1984
(49 FR 2485). Such a finding requires the petition to be recycled,
pursuant to section 4(b)(3)(C)(i) of the Act. The finding was reviewed
in October of 1983 through 1993. Publication of this proposal
constitutes the final finding for the petitioned action.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) 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 Allium tuolumnense
(Traub) Denison and McNeal (Rawhide Hill onion), Brodiaea pallida
Hoover (Chinese Camp brodiaea), Carpenteria californica Torrey
(carpenteria), Calyptridium pulchellum (Eastwood) Hoover (Mariposa
pussypaws), Clarkia springvillensis Vasek (Springville clarkia),
Fritillaria striata Eastwood (Greenhorn adobe lily), Lupinus citrinus
Kellogg var. deflexus (Congdon) Jepson (Mariposa lupine), Mimulus
shevockii Heckard and Bacigalupi (Kelso Creek monkeyflower), Navarretia
setiloba Covelle (Piute Mountains navarretia), and Verbena californica
Moldenke (Red Hills vervain) are as follows:
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. Brodiaea pallida, Calyptridium
pulchellum, Clarkia springvillensis, Lupinus citrinus var. deflexus,
Mimulus shevockii, Allium tuolumnense, Carpenteria californica,
Fritillaria striata, Navarretia setiloba, and Verbena californica are
restricted to grassland and woodland communities in the foothills of
the Sierra Nevada and Tehachapi Mountains in California. The primary
threat facing these 10 plants is the ongoing and threatened destruction
and adverse modification of their habitats. The habitats of these 10
plants are being threatened by one or more of the following:
urbanization, agricultural land conversion, off-highway vehicle use,
mining, road and rights-of-way maintenance associated with
hydroelectric operations, logging, illegal dumping, incompatible fire
management techniques, and highway construction and maintenance
projects.
The human populations in the counties where these species of plants
occur are projected to grow significantly over the next decade. For
example, Tuolumne County is projected to increase 46 percent between
1992 and 2005, Fresno County is predicted to grow 53 percent by 2005,
and Tulare and Kern Counties are expected to increase 40 percent and 44
percent, respectively, by the year 2005 (California Department of
Finance 1991, 1992). The increase in housing construction that will
likely accompany this population growth threatens the populations of
the 10 plants that occur on privately owned land.
Brodiaea pallida is only known from one population of 1,600 plants
in the Red Hills. A portion of the population was destroyed prior to
1982 (CNDDB 1993). A subdivision has been proposed for the area
containing the remainder of the population. Although the project has
apparently been revised to exclude most of the B. pallida population
from the area proposed for housing, the project is still expected to
adversely affect the plant through its plan to encourage recreational
activities in the area containing B. pallida. The project would also
adversely affect this species because it would negatively impact the
hydrological conditions necessary for growth and reproduction (Blaine
Rogers, San Joaquin Delta College, in. litt., 1985).
Six of the seven populations of Calyptridium pulchellum contain
fewer than 300 plants (CNDDB 1993). The seventh population of C.
pulchellum contains approximately 800 plants. Residential development
threatens four populations of C. pulchellum. Two populations of C.
pulchellum occur on 1-acre lots that are for sale in the midst of an
existing subdivision (CNDDB 1993). A third population of C. pulchellum
occurs on a ranch that is for sale; the potential exists for the ranch
to be subdivided after it is sold (CNDDB 1993). A fourth population of
C. pulchellum occurs on a vacant lot adjacent to and downslope from a
developed lot. Run-off from landscape maintenance of the developed lot
threatens this population (CNDDB 1993). This fourth population has not
been seen since 1983 and may be extirpated (CNDDB 1993).
Disturbance associated with suburban foothill development destroyed
part of one population of Lupinus citrinus var. deflexus in the early
1980s (CDFG 1989a). Since then, this population appears to be
recovering (CDFG 1989a). The rapidly accelerating development of the
western slope of the Sierra Nevada is a serious potential threat to all
four populations of this species (CDFG 1989a). Presently, a home
occupies each of the population sites south of the town of Mariposa in
Mariposa County (California Native Plant Society (CNPS) 1990). The
construction of these homes destroyed some of the plants.
The Joshua tree and pinyon-juniper woodland communities where
Mimulus shevockii occurs are desirable for development because of their
scenic viewsheds. Current mobile home development projects and
associated road construction is adversely affecting M. shevockii at six
sites; development projects planned for the future will also adversely
affect this species (CNDDB 1993). Five of the populations of M.
shevockii occur on a mixture of BLM and private lands and two
populations occur on private lands. Parts of two populations have been
destroyed by construction of a gravel road and an off-highway vehicle
road (CNDDB 1993). Agricultural land conversion and mobile home lot
development already have destroyed part of one of these populations and
the remaining portion of this population is threatened with additional
agricultural land conversion (CNDDB 1993).
Urbanization has destroyed one population of Allium tuolumnense.
The type locality of A. tuolumnense once covered several hundred acres
but has now been reduced to a total of 14 hectares (35 acres) as a
result of land clearing for housing construction (CNDDB 1993).
Urbanization continues to threaten this population; the 17 hectare (40
acre) Heavenly Hills subdivision is proposed for this site (CNDDB
1993). The 220 hectare (540 acre) Gardella subdivision southwest of
Jamestown has been recently proposed, and would adversely affect an
additional population of A. tuolumnense (Robin Wood, Tuolumne County
Planning Department, in litt., 1993, Skenfield 1992; Steve Stocking,
San Joaquin Delta College, in. litt., 1993). A 760 hectare (1,890 acre)
proposed subdivision called Shotgun Creek Estates would adversely
affect another population northwest of Jamestown (CNDDB 1993). The
above three proposed subdivisions could directly affect A. tuolumnense
through destruction of plants and habitat, or could indirectly affect
the populations by altering the site hydrology through increased urban
run-off of herbicides, pesticides, and fertilizers, or by lowering the
water table.
As mentioned above, Fresno County is predicted to grow 53 percent
by the year 2005 (California Department of Finance 1991, 1992). The
development and construction of proposed subdivisions in Fresno County
foothills will adversely affect the two populations of Carpenteria
californica that occur on private land. These populations are already
under threat from development projects (CNDDB 1993). The expansion of a
portion of State Highway 168 from a two-lane to four-lane freeway
partially destroyed and fragmented the largest population of C.
californica (Joanna Clines, Sierra National Forest, pers. comm., 1993).
The proposed realignment and expansion to four lanes of an additional
section of the same highway potentially threatens portions of two
populations of this plant (CNDDB 1993).
The University of California proposes to establish a new campus at
one of three sites in the San Joaquin Valley (University of California
1993), including a site in Fresno County at the base of the foothills
where Carpenteria californica occurs. The proposed new campus at the
Fresno location and the attendant growth-inducing effects of 40,000 to
50,000 people are a potential threat to C. californica (Howard Latimer,
California State University, Fresno, pers. comm., 1993).
The type locality of Clarkia springvillensis was destroyed by
mobile home development in 1983 (CNPS 1988). Historically, road
widening and cattle grazing have seriously reduced populations of C.
springvillensis at six sites (CNPS 1988). Ongoing residential
development, road maintenance activities, and timbering operations
threaten three populations of C. springvillensis on private lands
(CNDDB 1993). Prior to acquisition by CDFG, a preserve containing the
largest population of C. springvillensis had an access road cut into
the area, a well drilled, and a knoll levelled as a pad for home
construction. These activities reduced and fragmented the population of
C. springvillensis at that site. No restoration has occurred. One
population of Navarretia setiloba occurs in a mobile home park (CNDDB
1993). Urbanization threatens two populations of N. setiloba near Lake
Isabella and one population on Grapevine Peak in Kern County (Diane
Mitchell, botanist, pers. comm., 1992). The Andrews Creek population of
Verbena californica, containing 25 percent of all the plants, is
threatened with a proposed subdivision (CNDDB 1993, CDFG 1993; Robin
Wood, in. litt., 1993). The Big Creek population of this plant,
containing 40 percent of the population, is potentially threatened by
residential development (Pat Stone, CNPS, pers comm., 1992).
Road maintenance activities adversely affect populations of several
of the 10 plants included in this rule. Firebreak construction and road
maintenance have destroyed part of one population of Allium tuolumnense
(CNDDB 1993). The grading of access roads along hydroelectrical
powerlines and the clearing of vegetation from powerlines and towers as
part of hydroelectric operations of an electrical municipality
potentially threaten one population of Carpenteria californica (CNDDB
1993). Historically, road widening and cattle grazing have seriously
reduced populations of C. springvillensis at six sites (CNPS 1988). Two
populations of C. springvillensis are currently threatened by road and
fire break maintenance activities such as mowing and spraying (CNDDB
1993). Three of the four populations of C. springvillensis in the
Sequoia National Forest occur along a road right-of-way for an electric
municipality and are fenced and signed for protection but emergency
maintenance activities, including vegetation removal, of the power
towers and powerlines remains a threat (CNDDB 1993). A firebreak
bisects one population of Fritillaria striata in Kern County and a
powerline access road near Kern River State Park continues to adversely
affect another population (CNDDB 1993). Vehicles driven along these
access roads destroy the plants that grow in the roadway. Two
populations of F. striata along Rancheria Road in Kern County face
threats from a proposed road widening project (Stebbins 1989). Because
of this species' affinity for clay soils that are unstable during wet
months, emergency slope stabilization activities, such as road
widening, could negatively affect two populations of F. striata along
Rancheria Road in Kern County (Stebbins 1989).
Small scale logging on the privately-owned lands within the
boundary of the Sierra National Forest has destroyed some plants and
continues to threaten some populations of Carpenteria californica (J.
Clines, pers. comm., 1993). Heavy equipment is driven across the plant
populations to access the logging sites, and some plants are destroyed.
Proposed placer gold mining for a mining operation on private land
threatens several populations of Allium tuolumnense (Robin Wood, in.
litt., 1993; Pat Stone, in. litt., 1993). The proposed project is
currently on hold. If planning were to resume, the resulting operation
would adversely affect this plant through the placement of overburden
on the plants occurring at these sites. Recreational gold mining and
trampling associated with that activity adversely affects the four
populations of Verbena californica at Six Bit Gulch, which contain 15
percent of the total individuals of the species (B. Rogers, pers.
comm., 1992; CDFG 1993).
Conversion of land to agricultural uses threatens three of the
subject species. Fritillaria striata was once known from the Frazier
Valley, Porterville, Lindsay, and Strathmore. Agricultural land
conversion has extirpated four populations of F. striata from those
areas (Stebbins 1989). Most of the existing known populations of F.
striata are threatened by agricultural land conversion, overgrazing,
competition from nonnative grasses, and urbanization (Stebbins 1989).
The spread of citrus orchards threatens three populations of F. striata
at the lower elevations on the slopes of Lewis Hill near Frazier Valley
(Stebbins 1989, 1991). One population of Mimulus shevockii is
threatened with agricultural land conversion (CNDDB 1993). The type
locality of Navarretia setiloba was extirpated by agricultural land
conversion.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not currently known to be a
factor for these 10 plants but unrestricted collecting for scientific
or horticultural purposes or excessive visits by individuals interested
in seeing rare plants could result from increased publicity following
publication of this proposal. Carpenteria californica is well
established in the cultivation and horticultural trade both in
California and England. The plant is propagated by cuttings and is not
threatened by collecting in the wild.
C. Disease or predation. One population of Calyptridium pulchellum
is potentially threatened by grazing (CNDDB 1993). Two populations of
Verbena californica and eight populations of Allium tuolumnense that
occur on lands managed by BLM in the Red Hills are grazed by cattle.
Observations in Andrews Creek in the Red Hills indicate that Verbena
californica is able to withstand only light grazing before it
disappears (Rogers 1983). Plants of V. californica were heavily cropped
and noticeably smaller than in ungrazed sites (BioSystems Analysis
1984). Although current grazing levels do not appear to be adversely
affecting these species, changes in timing or an increase in the number
of animals grazing in the area is a potential threat to these
populations. Moderate to heavy grazing adversely affects Clarkia
springvillensis and Lupinus citrinus var. deflexus at five sites (CDFG
1987, CNPS 1990). The largest population of C. springvillensis,
containing more plants than the other six populations combined, is
protected in a 1.8 hectare (4.5 acre) ecological preserve owned by the
California Department of Fish and Game (CNDDB 1993). The preserve
boundary was not surveyed. The original fence was placed some distance
off the boundary line and included some adjacent land. This error has
protected a substantial portion of the currently extant population of
C. springvillensis from the heavy grazing that occurs outside the
fenced exclosure. If, in the future, the fence is placed on the actual
boundary, livestock grazing could adversely impact approximately half
the remaining C. springvillensis on this site (CDFG 1989). Another
population of C. springvillensis on the Sequoia National Forest is
potentially threatened by overgrazing (CNDDB 1993).
Heavy grazing by domestic livestock and rodents adversely affects
three of four populations of Fritillaria striata in Kern County and a
fourth population in Tulare County (Stebbins 1989, CNDDB 1993). In
addition to grazing, trampling of individual plants by livestock in
populations in Kern County also negatively affects this species
(Stebbins 1989, CNDDB 1993). Overgrazing currently adversely affects
portions of two populations of Carpenteria californica in Fresno County
(CNDDB 1993).
Clarkia springvillensis is susceptible to predation by the larvae
of sphinx moths (Sphingidae). Larvae of this moth were observed feeding
on the plant at one site (CDFG 1987). Sphinx moth predation may occur
at other sites as well. However, the extent to which this factor
threatens the plant is not known.
High numbers of California ground squirrels (Spermophilus beecheyi)
frequently are associated with heavily grazed areas in the southern San
Joaquin Valley and adjacent foothills. Ground squirrels likely feed on
the subject plant species in addition to cattle in heavily grazed
areas.
Deer were observed to have eaten most of the mature inflorescences
of Fritillaria striata at the Tejoh Hills population (about 5,000
plants) during 1 week in 1987 (D. Taylor, pers. comm., 1988 in Stebbins
1989).
D. The inadequacy of existing regulatory mechanisms. The California
Fish and Game Commission has listed Brodiaea pallida and Clarkia
springvillensis as endangered species under the California Endangered
Species Act (Chapter 1.5 Sec. 2050 et seq. of the California Fish and
Game Code and Title 14 California Code of Regulations 670.2). The
Commission also has listed Carpenteria californica, Fritillaria
striata, and Lupinus deflexus (now known as Lupinus citrinus var.
deflexus) as threatened species. Listing by the State requires
individuals to obtain a memorandum of understanding with the California
Department of Fish and Game (CDFG) to possess or ``take'' a listed
species. Although both the California Native Plant Protection Act and
the California Endangered Species Act prohibit the ``take'' of State-
listed plants, State law exempts the taking of such plants via habitat
modification or land use changes by the owner. After CDFG notifies a
landowner that a State-listed plant grows on his or her property, State
law only requires that the land owner notify the agency ``at least 10
days in advance of changing the land use to allow salvage of such a
plant'' (Native Plant Protection Act, Chapter 10 Sec. 1913).
The California Environmental Quality Act (CEQA) requires a full
disclosure of the potential environmental impacts of proposed projects.
The public agency with primary authority or jurisdiction over the
project is designated as the lead agency, and is responsible for
conducting a review of the project and consulting with the other
agencies concerned with the resources affected by the project. Section
15065 of the CEQA Guidelines requires a finding of significance if a
project has the potential to ``reduce the number or restrict the range
of a rare or endangered plant or animal.'' Species that are eligible
for listing as rare, threatened, or endangered but are not so listed
are given the same protection as those species that are officially
listed with the State or Federal governments. Once significant effects
are identified, the lead agency has the option to require mitigation
for effects through changes in the project or to decide that overriding
considerations make mitigation infeasible. In the latter case, projects
may be approved even though they may cause significant environmental
damage, such as destruction of an endangered species. Protection of
listed species through CEQA is, therefore, dependent upon the
discretion of the agency involved.
Verbena californica and Brodiaea pallida grow in mesic areas along
defined stream channels that are generally small and may be treated as
isolated wetlands or waters of the United States for regulatory
purposes by the U.S. Army Corps of Engineers under section 404 of the
Clean Water Act. Nationwide Permit No. 26 (33 CFR part 330.5 (a)(26))
was established by the Corps to facilitate issuance of permits for
discharge of fill into wetlands up to 4 hectares (10 acres). For
project proposals falling under Nationwide Permit 26, the Corps has
been reluctant to withhold authorization unless a federally proposed or
listed threatened or endangered species is known to be present,
regardless of the significance of other wetland resources. The 404
regulations require an applicant to obtain an individual permit to fill
isolated wetlands or waters greater than 4 hectares (10 acres). In
either case, candidate species receive no special consideration.
Additionally and equally important, the upland watersheds (mesic pools
and seeps next to streams) are not provided any protection. Disturbance
to or loss of pool hydrology has damaged populations and habitat of
these two plants as discussed previously in Factor A. Reductions in
water volume and inundation adversely affect these plants. Thus, as a
consequence of the small scale of these stream channels and lack of
protection of associated uplands, this regulatory mechanism is
inadequate to protect these two species.
Of the 10 plants included in this proposed rule, only Clarkia
springvillensis, Calyptridium pulchellum, and Carpenteria californica
receive any kind of formal protection.
The largest population of Clarkia springvillensis occurs on a 1.8
hectare (4.5 acre) preserve owned by the California Department of Fish
and Game (CDFG). A draft interim management plan was developed in 1989,
but has not been finalized in part due to a lack of funding. No on-the-
ground management of this population has occurred. The Sequoia National
Forest developed a management plan in 1987 for the populations of C.
springvillensis that occur on Forest Service land. Although three of
the four populations are now fenced, no active management of the
populations is occurring to protect and promote the recovery of the
species.
One portion of a population of Carpenteria californica is protected
at the Black Mountain Preserve, owned by The Nature Conservancy. Some
recovery activities such as prescribed burns are not being conducted
because of a lack of funding and concerns that prescribed burns would
result in a wildfire (J. Clines, pers. comm., 1993). The Sierra
National Forest has designated and fenced a botanical area for the
preservation of one portion of a population of C. californica, but no
active management is taking place to enhance and promote the recovery
of the species.
One small population of Calyptridium pulchellum occurs on lands
administered by the Sierra National Forest and is fenced to protect it
from livestock trampling and grazing (J. Clines, pers. comm., 1993).
However, the remaining populations are not protected.
E. Other natural or manmade factors affecting their continued
existence. Low seedling establishment, trampling, competition from
native brush, off-road vehicle (ORV) activity, potential realignment of
a preserve boundary fence, fire suppression, illegal dumping, and
stochastic extinction variously affect some populations of Brodiaea
pallida, Clarkia springvillensis, Fritillaria striata, and Carpenteria
californica.
ORV use has destroyed some plants in the past at one population of
Lupinus citrinus var. deflexus, however, recent damage is not evident
(CDFG 1989a). An ORV road bisects one population of Mimulus shevockii
and a gravel road bisects another population (CNDDB 1993). Ongoing ORV
activity threatens this plant. Two populations of Allium tuolumnense
were partially destroyed by ORV use in the Red Hills (The Nature
Conservancy 1987), which is currently closed to ORVs. ORV use threatens
four populations of Carpenteria californica (CNDDB 1993). One
population of Navarretia setiloba in Kern County has received some
disturbance from ORV use (CNDDB 1993), and another population is
bisected by an ORV road (CNDDB 1993).
The single, small population of Brodiaea pallida is restricted to
an intermittent drainage that is fed by some small springs. Any
disruption to the hydrology of the springs or the upslope watershed
would threaten this population of B. pallida. Local catastrophic events
such as floods, disease outbreak, extended drought, landslides, or a
combination of several such events could destroy a part or all of the
population of B. pallida. Any local catastrophe could significantly
decrease this population to so few individuals that the risk of
extirpation due to genetic problems associated with small populations
would increase.
Plants at one population of Fritillaria striata in Kern County have
been trampled by cattle, and an additional population is potentially
threatened by trampling (CNDDB 1993).
Because no seedlings of Fritillaria striata have been observed in
nature, it is unknown to what degree this species is reproducing
sexually (Stebbins 1989). The distribution of F. striata may be limited
partially by its apparent reliance on vegetative reproduction (Stebbins
1989). The populations of this plant are discontinuously distributed
throughout its range, making sexual reproduction difficult. By relying
solely on vegetative reproduction, the genetic diversity of the species
can be reduced, weakening the long-term viability of the species.
Fritillaria striata also faces threats from nonnative grasses such as
Avena and Bromus that compete with the subject plant for space, light,
and nutrients (Stebbins 1989).
Fire suppression on private lands is a threat to the long-term
survival of Carpenteria californica (J. Clines, pers. comm., 1993).
Carpenteria californica exhibits low seedling establishment (CDFG
1991). The germination and seedling establishment of C. californica in
nature was not observed or documented prior to 1989. However, a 1989
wildfire in Fresno County stimulated vigorous regrowth of the plant and
the first recorded seedling establishment (J. Clines, in. litt., 1993).
Overgrazing and trampling by cattle directly after a wildfire, when
seedlings are vulnerable, adversely affects the plant. Carpenteria
californica requires more frequent fire than that is currently being
experienced for successful sexual reproduction to occur (J. Clines, in.
litt., 1993). Fire is also important for maintaining the vigor of
established individual shrubs of C. californica, by preventing
associated species such as Quercus wislizenii, Arctostaphylos mariposa,
and Ceanothus leucodermis from outcompeting C. californica for light,
space, and nutrients (J. Clines, in. litt., 1993).
Because the private lands containing the populations of Carpenteria
californica consist of many small ranchettes and multiple landowners,
it is unlikely that a controlled burn over an area large enough to
effectively promote necessary sexual reproduction of C. californica
could be successfully organized and carried out. Continued fire
suppression and the inability to conduct needed controlled burns on
private lands threaten all populations of C. californica that occur on
private lands. The necessity of fire for sexual reproduction and for
the long-term survival of this plant is understood by the Sierra
National Forest. The policy of continued fire suppression to protect
upslope timber stands is a threat to populations of C. californica on
public lands.
Illegal dumping has been reported at two populations of Carpenteria
californica (Stebbins 1988). Trash dumping destroys individual plants
and degrades the habitat by introducing a wide variety of pollutants
that inhibit seed germination and plant growth.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to propose this
rule. Endangered or threatened status is proposed for these species
because large-scale human population increases and attendant urban
growth and changes in agricultural land uses have destroyed significant
quantities of foothill habitats and continue to eliminate plant
populations. These plants and their habitats face current and future
threats from urbanization, agricultural land conversion, highway
construction, overgrazing, maintenance of roads and rights-of-way
activities, mining, logging, off-highway vehicle use, stochastic
extinction from random natural events, inadequate regulatory
mechanisms, and insect predation.
Because the majority of threats facing four of these species are
imminent, Brodiaea pallida, Calyptridium pulchellum, Lupinus citrinus
var. deflexus, and Mimulus shevockii are in immediate danger of
extinction throughout all or a significant portion of their respective
ranges and, thus, fit the definition of an endangered species as
defined in the Act. The only population of Brodiaea pallida is
threatened by urbanization, inadequate regulatory mechanisms, and
stochastic extinction. Four of the seven populations of Calyptridium
pulchellum are imminently threatened by urbanization; one of those four
sites is threatened potentially by overgrazing and an additional
population threatened by grazing. Although TNC has voluntary verbal
protection agreements with current landowners of one of the
populations, no permanent preservation is assured at any of the
populations sites. All four populations of Lupinus citrinus var.
deflexus are threatened by urbanization and one population is
potentially threatened by overgrazing. Although landowners of three of
the four populations have registered each site with TNC for voluntary
protection, no long-term protection is assured for any of the four
known populations. Six of the seven known populations of Mimulus
shevockii are threatened variously by mobile home development,
agricultural land conversion, and off-highway vehicle use. None of the
populations have any protection.
The plants proposed for listing as threatened are restricted to
habitats somewhat less vulnerable to development and are faced with
less imminent threats. However, these species are likely to become
endangered in the foreseeable future unless current trends of urban
development, agricultural land conversion, highway construction, road
maintenance activities, improper fire management, off-highway vehicle
use, and overgrazing are reversed. Allium tuolumnense is threatened by
urbanization, overgrazing, mining, and off-highway vehicle use on 25
percent of its range on private lands. The remaining 75 percent of the
population occurs on public lands and is potentially threatened by
grazing on public lands. Carpenteria californica is imminently
threatened by urbanization, highway construction, maintenance of roads
and rights-of-way in connection with hydroelectrical operations,
competition from native brush species, logging, illegal dumping,
incompatible fire management activities, overgrazing, inadequate
regulatory mechanisms, and off-highway vehicle use over the one-third
of its range on private lands. Carpenteria californica is potentially
threatened by alteration of natural fire cycles, off-highway vehicle
use, and maintenance of roads and rights-of-way on the remaining two-
thirds of its range on public lands. Four of the seven populations of
Clarkia springvillensis are threatened by urbanization, road
maintenance activities, insect predation, overgrazing, inadequate
regulatory mechanisms, and timber operations. The largest population is
protected partially by a fenced preserve owned by the California
Department of Fish and Game. A possible fence realignment potentially
threatens a significant portion of this population. Although three of
the four populations of C. springvillensis occurring on the Sequoia
National Forest are fenced and signed for protection, those populations
may be threatened by future emergency powerline maintenance. Of the 17
populations of Fritillaria striata, 9 populations are threatened
variously by agricultural land conversion, urbanization, off-highway
vehicle use, road widening, emergency road maintenance activities,
overgrazing, and trampling. Additionally, all populations of F. striata
are potentially threatened by inadequate State regulatory mechanisms
and competition from nonnative grasses. Three of the six populations of
Navarretia setiloba are threatened by urbanization and off-highway
vehicle use. Seven of the nine populations of Verbena californica,
containing 65 percent of the plants, are threatened by urbanization
over a relatively small part of its range on private lands.
Recreational placer gold mining threatens this plant and overgrazing
potentially threatens this plant on its remaining range on public
lands. These six plants are not yet in danger of extinction throughout
all or a significant portion of their ranges, but appear likely to
become in danger of extinction in the foreseeable future. As a result,
the preferred action is to list Allium tuolumnense, Carpenteria
californica, Clarkia springvillensis, Fritillaria striata, Navarretia
setiloba, and Verbena californica as threatened species.

Critical Habitat

Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time the taxa is listed. The Service finds that designation of
critical habitat is not prudent for these species at this time. Because
the 10 plants face numerous anthropogenic threats (see Factors A and E
in ``Summary of Factors Affecting the Species'') and the 10 plants
occur predominantly on private land, the publication of precise maps
and descriptions of critical habitat in the Federal Register would make
these plants more vulnerable to incidents of vandalism and, therefore,
could contribute to the decline of these species and increase
enforcement problems. The listing of these species under the Act
publicizes the rarity of these plants and, thus, can make these plants
attractive to researchers or collectors of rare plants.
Protection of the habitat of these species will be addressed
through the section 7 consultation and section 4 recovery processes.
The Service believes that Federal involvement in the areas where these
plants occur can be identified without the designation of critical
habitat. Therefore, the Service finds that designation of critical
habitat for these plants is not prudent at this time, because such
designation would likely increase the degree of threat from vandalism,
collecting, or other human activities.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the State and requires that recovery 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 being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR Part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) of the Act requires Federal agencies to
insure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of listed 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.
Federal activities potentially affecting 1 or more of the 10 plants
include mining, grazing authorizations, and issuance of special use
permits and rights-of-ways. Populations of 7 of the 10 plants occur on
Federal lands. Approximately 70 percent of the Carpenteria californica,
half the populations of Clarkia springvillensis, and one population of
Calyptridium pulchellum occur on lands managed by the U.S. Forest
Service. Approximately one-third of the populations of Allium
tuolumnense, one-seventh the populations of Verbena californica, one-
half the populations of Mimulus shevockii, and one population of
Navarretia setiloba occur on lands managed by the BLM. These agencies
would be required to confer with the Service if any activities
authorized, funded, or carried out by these two agencies would likely
jeopardize the continued existence of these species.
Other Federal agencies that may become involved as a result of this
proposed rule include the Veterans Administration through their Federal
mortgage programs, the U.S. Department of Housing and Urban Development
(Federal Home Administration loans), and the Federal Highways
Administration through the construction of roads and highways. Since at
least three of these plants exist in or near stream beds, perennial
streams or drainages, the U.S. Army Corps of Engineers may become
involved through jurisdiction of section 404 of the Clean Water Act.
Listing these 10 plants would provide for the development of
recovery plans. Such plans would bring together both State and Federal
efforts for conservation of the plants. The plans would establish a
framework for agencies to coordinate activities and cooperate with each
other in conservation efforts. The plans would set recovery priorities
and estimate costs of various tasks necessary to accomplish them. It
also would describe site-specific management actions necessary to
achieve conservation and survival of these 10 plants. Additionally,
pursuant to section 6 of the Act, the Service would be able to grant
funds to affected States for management actions promoting the
protection and recovery of these species.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 for endangered plants and 17.71 and 17.72 for
threatened plants not covered by a special rule, set forth a series of
prohibitions and exceptions that apply to listed plant species. With
respect to the four plants proposed to be listed as endangered, the
prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61
would apply. These prohibitions, in part, make it illegal with respect
to any endangered plant 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 these species in interstate or foreign commerce; remove and
reduce to possession these species from areas under Federal
jurisdiction; maliciously damage or destroy any such species on any
area under Federal jurisdiction; or remove, cut, dig up, damage, or
destroy any such endangered plant species on any other area in knowing
violation of any State law or regulation or in the course of any
violation of a State criminal trespass law.
The six plants proposed to be listed as threatened would be subject
to similar prohibitions (16 U.S.C. 1538(a)(2)(E); 50 CFR 17.61, 17.71).
Seeds from cultivated specimens of threatened plant taxa are exempt
from these prohibitions provided that a statement ``of cultivated
origin'' appears on the shipping containers. Certain exceptions apply
to agents of the Service and State conservation agencies. The Act and
50 CFR 17.62, 17.63, and 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving endangered or
threatened plant species under certain circumstances. The Service
anticipates that trade permits may be sought or issued for at least 1
of these 10 plant species because Carpenteria californica is common in
cultivation in England and California. Requests for copies of the
regulations on listed plants and inquiries regarding them may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services,
Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon
97232-4181 (503/231-2063; FAX 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to these taxa;
(2) The location of any additional populations of these species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of these species; and
(4) Current or planned activities in the subject area and their
possible impacts on these species.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Endangered Species 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. Such requests must be made in
writing and addressed to the Field Supervisor of the Sacramento Field
Office (see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

A complete list of all references cited is available upon request
from the Sacramento Field Office (see ADDRESSES section).

Author

The primary author of this proposed rule is Kenneth Fuller,
Sacramento Field Office (see ADDRESSES section); telephone 916/978-
4866.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

Accordingly, it is hereby proposed 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; Public Law 99-625, 100 Stat. 3500, unless otherwise
noted.

2. Section 17.12(h) is amended for plants by adding the following,
in alphabetical order under the plant families indicated, and by adding
a new family, ``Philadelphaceae--Mock orange family'', in alphabetical
order, to the List of Endangered and Threatened Plants:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

----------------------------------------------------------------------------------------------------------------
Species
------------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Fabaceae--Pea
family:

* * * * * * *
Lupinus citrinus Mariposa lupine..... U.S.A. (CA)........ E ........... NA NA
var. deflexus
(=Lupinus
deflexus).

* * * * * * *
Liliaceae--Lily
family:

* * * * * * *
Allium Rawhide Hill onion.. U.S.A. (CA)........ T ........... NA NA
tuolumnense
(=Allium
sanbornii var.
tuolumnense).

* * * * * * *
Brodiaea pallida Chinese Camp U.S.A. (CA)........ E ........... NA NA
brodiaea.

* * * * * * *
Fritillaria Greenhorn adobe lily U.S.A. (CA)........ T ........... NA NA
striata.

* * * * * * *
Onagraceae--Evening
primrose family:

* * * * * * *
Clarkia Springville clarkia. U.S.A. (CA)........ T ........... NA NA
springvillensis.

* * * * * * *
Philadelphaceae--Moc
k orange family:
Carpenteria Carpenteria......... U.S.A. (CA)........ T ........... NA NA
californica.

* * * * * * *
Polemoniaceae--Phlox
family:

* * * * * * *
Navarretia Piute Mountains U.S.A. (CA)........ T ........... NA NA
setiloba. navarretia.

* * * * * * *
Portulacaceae--Pursl
ane family:

* * * * * * *
Calyptridium Mariposa pussypaws.. U.S.A. (CA)........ E ........... NA NA
pulchellum.

* * * * * * *
Scrophulariaceae--Sn
apdragon family:

* * * * * * *
Mimulus Kelso Creek U.S.A. (CA)........ E ........... NA NA
shevockii. monkeyflower.

* * * * * * *
Verbenaceae--Vervain
family:

* * * * * * *
Verbena Red Hills vervain... U.S.A. (CA)........ T ........... NA NA
californica.

* * * * * * *
----------------------------------------------------------------------------------------------------------------

Dated: September 27, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-24491 Filed 9-30-94; 8:45 am]
BILLING CODE 4310-55-P