[Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
[Proposed Rules]
[Pages 37986-37993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18241]
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[[Page 37987]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD37
Endangered and Threatened Wildlife and Plants; Proposed Rule to
List Three Plants From the Channel Islands of Southern California as
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list
Cercocarpus traskiae (Catalina Island mountain-mahogany), Lithophragma
maximum (San Clemente Island woodland-star), and Sibara filifolia
(Santa Cruz Island rockcress) as endangered throughout their respective
ranges on the Channel Islands of southwestern California, pursuant to
the Endangered Species Act of 1973, as amended (Act). Cercocarpus
traskiae is found primarily in coastal scrub habitats on Santa Catalina
Island. Lithophragma maximum is found in rock crevices within coastal
bluff scrub on San Clemente Island. Sibara filifolia is found on talus
slopes in coastal scrub on San Clemente Island. These plants are
threatened by a variety of factors including grazing, competition from
non-native plant species, erosion, hybridization, stochastic events,
and the inadequacy of existing regulations. This proposed rule, if made
final, would implement the Federal protection and recovery provisions
under the Act for these three species.
DATES: Comments from all interested parties must be received by October
9, 1995. Public hearing requests must be received by September 25,
1995.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad
Field Office, 2730 Loker Avenue West, Carlsbad, California 92008.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at
the above address (telephone 619/431-9440; facsimile 619/431-9624).
SUPPLEMENTARY INFORMATION:
Background
Cercocarpus traskiae (Catalina Island mountain-mahogany),
Lithophragma maximum (San Clemente Island woodland-star), and Sibara
filifolia (Santa Cruz Island rockcress) are endemic to the Channel
Islands of southern California. These three species are restricted
primarily to San Clemente and Santa Catalina Islands. Cercocarpus
traskiae is currently found only on Santa Catalina Island and a single
plant is also known from the Santa Monica Mountains. Lithophragma
maximum and Sibara filifolia occur on San Clemente Island. Sibara
filifolia was historically found on Santa Cruz and Santa Catalina
Islands.
The Channel Islands are composed of igneous and sedimentary rocks
that have been uplifted and folded by tectonic activity (Raven 1963,
Thorne 1967, Schaffer 1993). The maritime climate of the islands is
characterized by hot, dry summers and mild, wet winters with periodic
severe droughts and frequent fog (Minnich 1980, Johnson 1980). The
archipelago is made up of two chains of islands. The Northern Channel
Islands include the islands of San Miguel, Santa Rosa, Santa Cruz and
Anacapa. The Southern Channel Islands are San Nicholas, Santa Barbara,
Santa Catalina and San Clemente islands (Raven 1967).
The Channel Islands are rich in endemic species as a result of
their geographic isolation. A number of species have persisted on the
islands, although their mainland counterparts have been extirpated by
climatic change and other factors over geologic time (Raven 1963). The
decline of endemic species, including the three plants under
consideration herein, began before thorough botanical studies on the
islands were completed. Their original range and distribution is
speculative because their original habitats are now dominated by non-
native plants. Although these islands have been occupied by humans for
at least 10,000 years, non-native plants have only become naturalized
on the islands since their introduction by Euro-Americans during the
last 200 years (Dr. Mark Raab, California State University, Northridge,
pers. comm. 1994). Overgrazing and trampling of native vegetation by
domestic animals facilitated the spread of these non-native plants
(Raven 1963, Raven 1967, Thorne 1967, Philbrick 1980). Severe erosion
resulting from overgrazing was exacerbated by a series of droughts in
the 1860's, the first of several periods of severe vegetation and soil
stripping on the islands (Johnson 1980).
Santa Catalina Island is the largest of the southern Channel
Islands, measuring 194 square kilometers (sq km) (75 square miles (sq
mi)) in area. The terrain is rugged and mountainous, with a maximum
elevation of 648 meters (m) (2,125 feet (ft)) (Powers 1980). Due to its
proximity to the mainland, the flora of Santa Catalina Island is very
similar to the flora of the mainland (Thorne 1967). Habitats on the
island include oak woodlands, chaparral, coastal sage scrub, and
grasslands (Minnich 1980). Santa Catalina is the home of Cercocarpus
traskiae and a historical locality for Sibara filifolia (Thorne 1967).
San Clemente Island is the southernmost of the Channel Islands in
California. Its terrain is marked by a broad, high, plateau surrounded
by deeply incised cliffs. The highest elevation on the 145 sq km (56 sq
mi) island is 600 m (1,965 ft) (Powers 1980).
Santa Cruz is the largest of the northern Channel Islands (250 sq
km (96 sq mi)) with a maximum elevation of 753 m (2,470 ft) (Powers
1980). The island's north shore is mountainous and rugged; the
topography of the southern side is gentle and rolling. The Nature
Conservancy currently owns approximately 90 percent of Santa Cruz
Island. The remainder is owned by the National Park Service (Schuyler
1980).
Cercocarpus traskiae was first described by Alice Eastwood (1898)
based on a specimen collected by Blanche Trask in 1897. Dunkle (1940)
reduced the rank of C. traskiae to a variety of C. betuloides. Although
Martin (1950) subsequently transferred this taxon to a variety of C.
montanus, Munz (1959) retained it as C. betuloides var. traskiae. Munz
(1968) later elevated C. betuloides var. traskiae to C. traskiae.
Murray (1982) changed the rank of this taxon to a subspecies of C.
betuloides; however, the name C. traskiae has been retained by both
Munz (1974) and Lis (1993).
Cercocarpus traskiae, a member of the rose family (Rosaceae), is an
evergreen shrub or small tree that blooms from March to May. The
flowers lack petals and occur in clusters of 4 to 10. The hypanthium
(floral structure derived from the fused lower portions of petals,
sepals, and stamens) is densely white-woolly, and is approximately 7 to
14 millimeters (mm) (0.5 inch (in.)) long (Lis 1993). The fruit is an
achene with a persistent plumose style, which dries in a spiral,
typical of the genus. The leathery, clustered leaves are simple,
serrate (toothed), and range from 2.5 to 6 centimeters (cm) (1 to 2.5
in.) long. The upper surface of the leaf is glabrous (smooth); the
undersurface is densely white-woolly. Cercocarpus betuloides var.
blancheae, a relatively common endemic on the island, is considered to
be distinct from C. traskiae (Eastwood 1898, Cole and Lu 1979). It is
differentiated by its strigose (stiff, sharp,
[[Page 37988]]
appressed) hairs on the undersides of the leaves and on the floral
tube. In addition, the leaves of C. betuloides var. blancheae are not
leathery (Eastwood 1898, Lis 1993).
Cercocarpus traskiae is one of California's rarest trees. It is
endemic to a particular soil type, derived from sausserite gabbro
parent material (Gaye 1991), and is only found in Wild Boar Gully, a
steep-sided, narrow arroyo located on southwestern Santa Catalina
Island (Thorne 1967). Cercocarpus traskiae occurs in a coastal sage
scrub containing Eriogonum fasciculatum (California buckwheat), Salvia
mellifera (black sage), and Rhus integrifolia (lemonade berry). All of
the habitat occupied by C. traskiae on Santa Catalina Island is owned
by The Santa Catalina Island Conservancy (a private organization),
which manages 86 percent of the land on the island.
About 40 or 50 individuals of Cercocarpus traskiae were identified
from Wild Boar Gully when this taxon was originally discovered
(Eastwood 1898). The population has since been reduced to 11 mature
trees (Cole and Lu 1979, Gaye 1991). The Santa Catalina Island
Conservancy has planted C. traskiae seedlings in Campo Blanco Canyon,
Ironwood Grove, and the Santa Catalina Island Nature Center in
cooperation with the California Department of Fish and Game (Gaye,
pers. comm. 1994).
In 1993, a single individual of Cercocarpus traskiae was discovered
in the Santa Monica Mountains by David Carroll (Rieseberg and Swensen
1994; Loren Rieseberg, geneticist, Indiana State University, pers.
comm. 1993; David Carroll, botanist, Carroll and Associates, Topanga,
California, pers. comm. 1994). Although additional individuals may
exist in the Santa Monica Mountains, this taxon is not likely to be
widespread. It may represent a remnant of an ancestral or sister
population of C. traskiae, or a hybrid between C. traskiae and the
mainland variety, C. betuloides var. betuloides (Rieseberg and Swensen
1994). This individual may indicate a formerly widespread distribution
of ancestral stock (Raven 1963). However, it is also possible that this
tree was planted (L. Rieseberg, pers. comm. 1993). Additional data or
information on this particular occurrence is being solicited.
Lithophragma maximum was first collected by Mrs. Nell Murbarger in
1936 on San Clemente Island. It was originally described as
Lithophragma maxima by Rimo Bacigalupi (1963). The specific epithet was
later changed from L. maxima to L. maximum (Bacigalupi 1979). Although
it was not recognized by Taylor (1965), L. maximum was retained by Munz
(1968, 1974) and Elvander (1993).
Lithophragma maximum is a member of the saxifrage family
(Saxifragaceae) and blooms from April to June. It is a rhizomatous,
perennial herb with two or three stout flowering stems from 40 to 60 cm
(16 to 24 in.) high. Each flower-bearing stem produces 20 or more
white, campanulate (bell-shaped) flowers, each about 1 cm (0.5 in.) in
length (Bacigalupi 1963). The leaves are palmately compound and arise
from the base on slender petioles 15 cm (6 in.) long. Lithophragma
maximum is differentiated from other Lithophragma by its compound
trifoliate leaves (Munz 1968, Elvander 1993).
Lithophragma maximum was thought to be extinct until it was
rediscovered in 1979 by Mitchell Beauchamp (Bacigalupi 1979). The
number of plants on the island at Bryce Canyon has declined from
between 12 and 15 plants (Beauchamp 1980) to 9 plants since its
rediscovery (Beauchamp 1987, Mistretta 1992). Three of the 15 plants
originally discovered are believed to remain at the bottom of Eagle
Canyon (Kellogg and Kellogg 1993). Both locations are deeply incised
canyons on the northeast side of the island. Sixteen additional plants
were found in Near Death Canyon in 1990. However, less than 30
individuals of the species are known to exist (California Natural
Diversity Data Base (CNDDB) 1993, Mistretta 1992).
Sibara filifolia was first collected by E.L. Greene in 1886 and
described under the name Cardamine filifolia (Greene 1887a). Greene
(1887b) later transferred it to Arabis filifolia. He proposed the new
genus Sibara in 1896 and transferred A. filifolia to Sibara filifolia
(Greene 1896). Sibara filifolia has been retained by Munz and Keck
(1959), Munz (1968, 1974), and Rollins (1993).
Sibara filifolia is a slender annual herb of the mustard family
(Brassicaceae) that blooms from March to April (Hochberg et al. 1980b).
It is 13 to 38 cm (5 to 15 in.) tall. The flowers are pink to purplish
with spoon-shaped petals 3 to 6 mm (1/8 to 1/4 in.) in length. The
pinnately compound leaves are 2.5 to 5 cm (1 to 2 in.) long, with
narrow linear lobes. The fruit is a slender pod (celiac), 1.5 to 3 cm
(3/5 to 1 in.) long, that contains many wingless seeds. Sibara
filifolia is differentiated from S. virginica, which has white to
pinkish petals and narrowly winged seeds, and from S. rosulata and S.
deserti, which have white petals. Neither S. rosulata nor S. deserti
occur on the Channel Islands (Munz 1974).
The type location for Sibara filifolia is on Santa Cruz Island
(Greene 1887a). It was last seen in 1936 and was not relocated during
the 1985 survey of Santa Cruz Island (CNDDB 1993). It is thought to
have once been common as well as wide ranging, since it was collected
on two distant islands, Santa Catalina and Santa Cruz. Blanche Trask
collected S. filifolia in 1901 on Santa Catalina Island where she
reported it to be common in two locations (Thorne 1967). Its
extirpation on Santa Cruz Island was brought about rapidly by intensive
browsing of feral goats (Hochberg et al. 1980b).
Sibara filifolia had never been known to occur on San Clemente
Island (Oberbauer, in litt. 1980) until 1986 when it was discovered in
two locations near Pyramid Head by Mitchell Beauchamp (Beauchamp 1987).
Previously, it was thought to be extinct. The extent of its original
range on San Clemente Island is unknown.
Sibara filifolia presently exists solely on a sea terrace on the
southern part of San Clemente Island, near Pyramid Head. It grows on
volcanic rock scree (talus) in association with Opuntia prolifera
(cholla), Selaginella bigelovii (spike-moss), and Lotus argophyllus
(birds-foot trefoil) (CNDDB 1993, Beauchamp 1987). This area receives
the highest amount of solar radiation on the island (Kellogg, pers.
comm. 1994), which conflicts with records of historical localities
indicating that S. filifolia ``is to be sought in shady places on the
northward slope [on Santa Cruz Island]'' (Greene 1887a). There are 400
or 500 of these plants currently located on San Clemente Island. Others
are expected to be found on cool, north-facing cliff faces, perhaps at
China Canyon (Beauchamp, pers. comm. 1994). However, the presence of S.
filifolia at this location has yet to be verified.
Previous Federal Action
Federal government action on two of the plant taxa considered in
this rule began as a result of section 12 of the Endangered Species Act
of 1973, which directed the Secretary of the Smithsonian Institution to
prepare a report on those plants considered to be endangered,
threatened or extinct. This report, designated as House Document No.
94-51, and presented to Congress on January 9, 1975, recommended
Cercocarpus traskiae and Lithophragma maximum (as L. maxima) for
endangered status and Sibara filifolia as threatened. The Service
published a notice in the July 1, 1975, Federal Register (40 FR 27823),
of its acceptance of the report as a petition within the
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context of section 4(c)(2) (now section 4(b)(3)(A)) of the Act, and of
the Service's intention to review the status of the plant taxa named
therein, including C. traskiae, L. maximum and S. filifolia. The
Service published a proposal in the June 16, 1976, Federal Register (41
FR 24523) to determine approximately 1,700 vascular plants to be
endangered species pursuant to section 4 of the Act. Cercocarpus
traskiae and L. maximum were also included in this Federal Register
notice. This list contained only proposed endangered species;
therefore, Sibara filifolia was not included on the list.
General comments received in response to the 1976 proposal were
summarized in an April 26, 1978, Federal Register (43 FR 17909) notice.
The Endangered Species Act amendments of 1978 required all proposals
over 2 years old to be withdrawn, although a 1-year grace period was
given to those proposals. In the December 10, 1979, Federal Register
(44 FR 70796), the Service published a notice of withdrawal for that
portion of the June 16, 1976, proposal that had not been made final,
along with four other proposals that had expired.
The Service published a Notice of Review for plants in the Federal
Register on December 15, 1980 (45 FR 82480). This notice listed the
status of Cercocarpus traskiae and Lithophragma maximum as Category 1
candidate taxa (species for which data in the Service's possession are
sufficient to support a proposal for listing) and also added Sibara
filifolia to the list as a Category 1* candidate taxon (species for
which Service data indicate likely extinction). The status of the three
species remained unchanged until the Notice of Review for plants
published in the Federal Register on February 21, 1990, when Sibara
filifolia was changed to Category 1 status following its rediscovery on
San Clemente Island.
Section 4(b)(3)(B) of the Endangered Species Act of 1973, as
amended in 1982, requires the Secretary to make findings on pending
petitions within 12 months of their receipt. Section 2(b)(1) of the
1982 amendments further requires that all petitions pending on October
13, 1982, be treated as having been newly submitted on that date. This
was the case for Cercocarpus traskiae and Lithophragma maximum because
the 1975 Smithsonian report had been accepted as a petition. On October
13, 1983, the Service found that the petitioned listing of these
species was warranted, but precluded by other pending listing proposals
of higher priority, pursuant to section 4(b)(3)(B)(iii) of the Act.
Notification of this finding was published in the Federal Register on
January 20, 1984 (49 FR 2485). Such a finding requires the petition to
be recycled, pursuant to section 4(b)(3)(C)(i) of the Act. The petition
was reviewed in October of 1984, 1985, 1986, 1987, 1988, 1989, 1990,
1991, 1992, and 1993. Publication of this proposal constitutes the
final finding for these three plant taxa.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1533 et seq.)
and regulations (50 CFR 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 Cercocarpus
traskiae Eastwood (Catalina Island mountain-mahogany), Lithophragma
maximum Bacigalupi (San Clemente Island woodland-star), and Sibara
filifolia Greene (Santa Cruz Island rockcress) are as follows:
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. Destruction of habitat by feral
animals has caused long-term impacts to the structure of the habitat on
all the Channel Islands. Loss of habitat for endemic species was
precipitated by defoliation from overgrazing, the loss of topsoil, and
formation of incised canyons due to increased erosion (Kellogg and
Kellogg 1994). The loss of soil organic matter and reduction of soil
nutrient cycling and water-holding capacity promoted the invasion of
non-native plants.
The decline of the native flora of Santa Catalina Island began with
the proliferation of introduced herbivores (Thorne 1969). Goats were
introduced to the island as early as 1807 (Misty Gaye, naturalist,
Catalina Island Conservancy, pers. comm. 1994). Goats are known to
consume coarse vegetation such as shrubs and trees, including
Cercocarpus traskiae (Coblentz 1980). Sheep ranching became important
on the island in the 1850's (Minnich 1980). Sheep eat herbaceous
vegetation that would have included Sibara filifolia. Other non-native
herbivores introduced to Santa Catalina Island included pigs, bison,
and deer. Pigs uprooted seedlings and impacted both S. filifolia and C.
traskiae (Thorne 1969; Gaye, pers. comm. 1994). Although the Santa
Catalina Island Company eliminated sheep grazing in the 1950's (Thorne
1969), the population of feral goats and pigs continued to increase. A
goat and pig management program has reduced the number of feral
herbivores that threaten native plant species but the threat still
remains (see Factor C) (Dave Garcelon, depredation control biologist,
Institute For Wildlife, Santa Catalina Island, pers. comm. 1994; Gaye,
pers. comm. 1994).
Pigs continue to degrade the habitat of Cercocarpus traskiae on
Santa Catalina Island by preventing surface litter from accumulating.
Surface litter holds moisture and seeds on the steep slopes. Pigs also
create a network of bare trails with compacted soils. The vegetation
loses its tiered, overlapping structure because shrubs become isolated
by surrounding trails (Gaye, pers. comm. 1994). A noticeable increase
in surface litter and a corresponding increase in seedlings of all
types have been observed since the numbers of pigs and goats have
declined, but trails and bare soil are still common (Gaye, pers. comm.
1994).
The San Clemente Island Sheep and Wool Company leased that island
from the U.S. Government from 1877 to 1934 (Raven 1963). The island's
ownership was subsequently transferred to the Department of Defense
(Navy). The island is currently used as an artillery practice range and
as a ship-to-shore bombing area (Kellogg and Kellogg 1994). Goats were
present on San Clemente Island prior to 1827 (Dunkle 1950). Although
the Navy eliminated sheep grazing in 1934, the goat population
proliferated (Kellogg and Kellogg 1994). In addition, the California
Department of Fish and Game introduced pigs to the island in 1951 and
mule deer in 1962. Populations of feral pigs and goats ranged between
15,000 and 25,000. The Navy removed all feral goats and pigs by 1991,
in an effort to preserve endemic flora and fauna (Clark Winchell,
biologist, Navy, Department of Natural Resources, pers. comm. 1994).
The decline of Santa Cruz Island's flora, including extirpated
populations of Sibara filifolia, is primarily due to overgrazing by
sheep and other non-native herbivores. Sheep, cattle, horses, and pigs
were introduced to Santa Cruz Island (Steve Junak, herbarium curator,
Santa Barbara Botanic Gardens, pers. comm. 1994). The population of
sheep has ranged from between 20,000 and 50,000 or more (Schuyler 1980,
Brumbaugh 1980). Cycles of defoliation and erosion are evident in the
stratigraphic studies of deposits from debris slides and correlate with
the introduction of sheep to the island and periods of drought
(Brumbaugh 1980).
[[Page 37990]]
Most feral herbivores have been removed but pigs remain (see Factor C).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Due to its extreme rarity, Cercocarpus traskiae
may become vulnerable to collecting by curiosity seekers as a result of
increased publicity following the publication of a listing proposal.
Overutilization is not known to be applicable for Lithophragma maximum
and Sibara filifolia. Both species occur on San Clemente Island, where
public access is restricted by the Navy.
C. Disease or predation. Feral herbivores continue to threaten the
survival of Cercocarpus traskiae on Santa Catalina Island and the
possible reappearance of Sibara filifolia on Santa Catalina and Santa
Cruz Islands. Non-native mule deer (Odocoileus hemionus) and goats
(Capra hircus) consume endemic plants including Cercocarpus traskiae.
Severe browsing may kill plants directly and prevent successful
reproduction of surviving individuals (Thorne 1969; Gaye, pers. comm.
1994).
The decline of Cercocarpus traskiae is primarily due to grazing by
feral goats and pigs (Sus scrofa). They nearly extirpated this taxon by
the early 1970's (Gaye, pers. comm. 1994). Fencing was installed around
the last two individuals known to exist at that time (Rieseberg 1991).
This fencing was improved to exclude pigs in 1985, and perimeter
fencing was added to limit access by other non-native animals (Gaye
1991). As a result, seedling counts increased from 1 in 1984 to 55 in
1986 and 74 seedlings in 1987 (CNDDB 1993, Gaye 1988). In 1994,
however, a total of only 54 seedlings was found (Gaye, pers. comm.
1994). Most of the C. traskiae trees do not have individual pig-proof
fencing around them and the perimeter fencing does not exclude pigs
(Gaye, pers. comm. 1994). Pigs are limiting the recovery of C. traskiae
seedlings because they uproot new seedlings while searching for bulbs.
Approximately 2,000 pigs remain on Santa Catalina Island. The Santa
Catalina Island Conservancy pig removal program is keeping the
populations from increasing (Dave Garcelon, pers. comm. 1994).
Although managers for the Santa Catalina Island Conservancy have
removed more than 8,000 goats from the island, 300 to 400 goats remain
on the island. Populations of introduced mule deer are increasing, now
that goat populations have been reduced (Garcelon, pers. comm. 1994).
Reduced predation by goats has resulted in successful basal sprouting
of Cercocarpus traskiae, but a continued increase in deer populations
might reverse this trend. Although the perimeter fencing along Wild
Boar Gully limits the access of deer and goats to Cercocarpus, it does
not entirely exclude them (Gaye 1988).
Sibara filifolia was apparently extirpated from Santa Cruz Island
by overgrazing (Hochberg et al. 1980b). Although some areas have been
fenced, sheep and pigs continue to re-invade these areas and their
numbers appear to be increasing. It is possible that Sibara filifolia
could be rediscovered on Santa Cruz Island; however, grazing by non-
native animals may prevent its re-establishment (Steve Junak, pers.
comm. 1994).
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that could provide some protection for these
species include: (1) Listing under the California Endangered Species
Act (CESA); (2) the California Environmental Quality Act (CEQA) and the
National Environmental Policy Act (NEPA); (3) conservation provisions
under section 404 of the Federal Clean Water Act (CWA) and section 1603
of the California Fish and Game Code; (4) occurrence with other species
protected by the Federal Endangered Species Act or other Federal laws;
and (5) local laws and regulations.
The California Fish and Game Commission has listed Cercocarpus
traskiae and Lithophragma maximum as endangered under the Native Plant
Protection Act (NPPA) (Division 2, chapter 10, section 1900 et seq. of
the California Fish and Game Code) and the California Endangered
Species Act (CESA) (Division 3, chapter 1.5, section 2050 et seq.).
Listing by the State of California 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
statutes prohibit the ``take'' of State-listed plants (chapter 10,
section 1908 and chapter 1.5, section 2080, California Fish and Game
Code), State law appears to exempt the taking of such plants via
habitat modification or land use change by the landowner. After the
CDFG notifies a landowner that a State listed plant occurs on his or
her property, State law requires only that the landowner notify the
agency ``at least 10 days in advance of changing the land use to allow
salvage of such plant'' (Chapter 10, section 1913, California Fish and
Game Code). Sibara filifolia is not State-listed and has no protection
under these laws.
The California Environmental Quality Act (CEQA) (Public Resources
Code, section 21000 et seq.) requires that the potential environmental
impacts of proposed projects be disclosed to the public. 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.'' Once significant effects are identified,
the lead agency may either require mitigation or determine that
``overriding social and economic considerations'' make mitigation
infeasible (California Public Resources Code, Guidelines, section
15093). In the latter case, projects may be approved that cause
significant environmental damage, such as destruction of endangered
plant species or their habitat. Small projects on private lands, such
as road building or fence installation, often qualify for an exemption
under CEQA known as a ``negative declaration.'' These projects do not
require a full environmental assessment. Consequently, take of
endangered species could result because the existence of the plant at
the project site may have been overlooked.
Like CEQA, the National Environmental Policy Act (NEPA) requires
disclosure of the environmental effects of projects under Federal
jurisdiction. Sibara filifolia and Lithophragma maximum are found on
San Clemente Island, which is federally owned. However, the Service's
comments through NEPA's environmental review processes are only
advisory. Project proponents are not required to avoid impacts to these
species, and proposed mitigation measures are frequently not adequately
implemented.
Section 1603 of the California Fish and Game Code authorizes the
Department of Fish and Game to regulate streambed alteration. The
Department must be notified and approve any work that substantially
diverts, alters, or obstructs the natural flow or substantially changes
the bed, channel, or banks of any river, stream, or lake. If an
existing fish or wildlife resource may be substantially adversely
affected by a project, CDFG must submit proposals to protect the
species within 30 days. However, if the Department does not respond
within 30 days of notification, the applicant may proceed with the
work.
Section 404 of the Clean Water Act authorizes the U.S. Army Corps
of
[[Page 37991]]
Engineers (Corps) to regulate the discharge of dredged or fill
materials into waters of the United States (33 CFR parts 230-330).
Waters of the United States include navigable and other waters, their
headwaters (streams with an average annual flow of less than 5 cubic
feet per second), and wetlands (either adjacent to other waters or
isolated). Section 404 regulations require that applicants obtain an
individual permit for projects that do not meet the terms and
conditions of any available Nationwide permits (33 CFR part 330).
Projects that qualify for authorization under Nationwide Permit 26 (NWP
26) will adversely impact 0.40 to 4.0 hectares (1 to 10 acres) of
isolated or headwater wetlands, and cause only minimal environmental
impacts. These projects can usually be permitted with minimal
environmental review by the Corps. Projects that qualify for
authorization under NWP 26 and that affect less than 0.41 hectares (1
acre) of isolated waters or headwaters may proceed without notifying
the Corps. Evaluation of impacts of such projects is thus precluded
under the section 404 permit process, although an individual permit may
be required by the Corps if projects otherwise qualifying under NWP 26
would have greater than minimal environmental impacts. The Corps,
however, is generally reluctant to withhold authorization under NWP 26
unless the existence of a federally listed threatened or endangered
species would be jeopardized. Candidate species receive no special
consideration under section 404, regardless of the type of permit
deemed necessary. Thus, these three taxa currently receive insufficient
protection under section 404. Cercocarpus traskiae and Lithophragma
maximum may grow in gullies and canyons that may be regulated as
jurisdictional waterways under section 404 of the CWA or section 1603
of the California Fish and Game Code. These waterways do not have
running water most of the year and plants could be damaged when project
planners fail to recognize that a section 404 or section 1603 permit is
required for the intended action.
The location of extant populations of these three species does not
coincide with that of federally listed plant species on the islands.
Therefore, Federal protection under the Act does not currently extend
to the species being proposed (Kellogg and Kellogg 1994; Gaye, pers.
comm. 1994). Local laws and regulations are currently providing
inadequate protection for these species. Laws prohibiting ``take'' of
native plants do not protect them from feral herbivores. Although
managers of San Clemente Island have removed herbivores from the
island, natural threats and impacts from activities such as fires,
bombing, and bulldozing continue (Kellogg, pers. comm. 1994).
E. Other natural or manmade factors affecting their continued
existence. As a consequence of habitat degradation on the islands, the
proportion of invasive exotic plant species to native and endemic
species has increased. On San Clemente Island, 98 species are exotic
(Kellogg and Kellogg 1994), compared to 1886 when Lyon's ``Flora of our
southwestern archipelago'' listed only 10 exotic plant species (Lyon
1886). Naturalized exotics have permanently altered the species
composition of natural communities and increased competition with
native species. Non-native plants have invaded native habitat and
removed niches for rare and sensitive species (Hochberg et al. 1980a).
The abundance of exotic plants continues to adversely affect the
island's endemic plant species and contributes to their slow recovery
from predation by feral animals prior to their removal in 1991 (Kellogg
and Kellogg, 1993). The disparity between the reported habitat of
Sibara filifolia on shady north-facing slopes and its present habitat
on grass-free, south-facing slopes suggests that grasses may prevent
the expansion of S. filifolia into otherwise suitable habitat (Green
1887a; Kellogg, pers. comm. 1994).
Lithophragma maximum is thought to have existed on the plateau area
of San Clemente Island before the invasion of non-native grasses
(Kellogg, pers. comm. 1994). The remaining habitat of L. maximum
persists only within steep canyons. Erosion threatens not only the
individual plants but the entire habitat that supports them. During the
winter of 1979-1980, ``large portions of canyon walls were observed to
have sloughed off taking large numbers of endemic plants with them''
(Beauchamp and Ferguson 1980).
Fires related to military activities, drought, and erosion have
contributed to the decline of Lithophragma maximum, Sibara filifolia,
and other species endemic to San Clemente Island (Kellogg and Kellogg
1994).
Cercocarpus traskiae is threatened by hybridization with the
locally common C. betuloides var. betuloides. Because only 12 mature
individuals of C. traskiae are known to exist, genetic swamping of the
species would be the probable outcome of hybridization. The uniqueness
of the species would be compromised or lost due to the influx of
variability from the larger population. Rieseberg has recommended
elimination of mature hybrids as a means of preserving the species
(Rieseberg et al. 1989).
Stochastic (random) events threaten the continued existence of
Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia by
virtue of their small population sizes and limited distribution. The
limited gene pool may depress reproductive vigor, or a single human-
caused or natural environmental disturbance could destroy a significant
percentage of the remaining individuals. Cercocarpus traskiae is known
from only 2 populations with 12 mature individuals. Two populations
comprising fewer than 30 individuals of L. maximum are known to exist.
Sibara filifolia is known from only 1 population of 400 to 500
individuals.
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. Based on this evaluation, the preferred action is to list
Cercocarpus traskiae, Sibara filifolia, and Lithophragma maximum as
endangered. Two of the species are known from fewer than 30
individuals. All three species are known from no more than two
populations. The three species are threatened by one or more of the
following: degradation of habitat and predation by feral animals,
competition with exotic plant species, erosion, hybridization, and
inadequacy of existing regulatory mechanisms. Small population size and
limited distribution make these species particularly vulnerable to
extinction and/or reduced reproductive vigor from stochastic events.
Because these species are in danger of extinction throughout all or a
significant portion of their ranges, they fit the definition of
endangered as defined in the Act. Critical habitat is not being
proposed for these species at this time for reasons discussed below.
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
considerations 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
[[Page 37992]]
which listing under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. 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 such threat to the species; or (2) such designation of
critical habitat would not be beneficial to the species.
The Service finds that designation of critical habitat is not
prudent at this time for Cercocarpus traskiae. All known populations of
this species are on privately owned lands with little or no Federal
involvement. The additional protection of critical habitat is achieved
through Federal agency consultation under section 7 of the Act. The
Santa Catalina Island Conservancy is aware of the presence of the
species, supports the proposal to list the species, and is currently
working to protect the population. Therefore the designation of
critical habitat for C. traskiae would not appreciably benefit the
species. Additionally, maps published in the Federal Register giving
precise locations of populations of C. traskiae, as required for
designation of critical habitat, may increase incidents of vandalism or
collection of this species by collectors or curiosity seekers.
The Service also determines that designation of critical habitat is
not prudent for Sibara filifolia or Lithophragma maximum. Extant
populations of these two species occur on Federal lands managed by the
Navy and are subject to section 7 consultation and recovery planning
under the Act. San Clemente Island is owned by the Navy and contains
the only known populations of these two species (with the exception of
one mainland individual of Lithophragma maximum). The present range of
Sibara filifolia is within the ship to shore bombing area on San
Clemente Island. Section 7 consultation (50 CFR 402 subpart B) requires
that Federal agencies confer with the Service to evaluate the potential
impacts of any federally executed, funded, or authorized actions on
listed and proposed species or critical habitat. Listing of these two
species as endangered would ensure that consultation occurs and
potential impacts to the species are considered. Due to the limited,
insular range of Sibara filifolia and Lithophragma maximum, designation
of critical habitat would not provide any additional benefit to them.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
plans be developed for all listed species. The protection required of
Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. 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 a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with the Service.
The U.S. Army Corps of Engineers would be involved through their
permitting authority under section 404 of the CWA. The Navy owns San
Clemente Island and administers lands containing Sibara filifolia and
Lithophragma maximum and authorizes, funds, or otherwise conducts
activities that may affect these species.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, 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. Certain
exceptions to the prohibitions apply to agents of the Service and State
conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. It is anticipated that few trade permits would
ever be sought or issued for these species since they are not in
cultivation or common in the wild.
It is the policy of the Service, published in the Federal Register
(59 FR 34272) on July 1, 1994, to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of this
listing on proposed and ongoing activities within the species' range.
Sibara filifolia and Lithophragma maximum are known to occur on lands
under the jurisdiction of the Navy. Collection, damage, or destruction
of listed species on these lands is prohibited, although in appropriate
cases a Federal endangered species permit may be issued to allow
collection. Such activities on non-Federal lands, as would be the case
for Cercocarpus traskiae, would constitute a violation of section 9, if
activities were conducted in knowing violation of State law or
regulations or in violation of State criminal trespass law. The Service
is not aware of any otherwise lawful activities currently being
conducted or proposed by the public that would be affected by this
listing and result in a violation of section 9.
Questions regarding whether specific activities would constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Carlsbad Field Office (see ADDRESSES section). Requests
for copies of the regulations concerning listed plants and general
inquiries regarding prohibitions and permits may be addressed to the
U.S.
[[Page 37993]]
Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone
503/231-2063; facsimile 503/231-6243).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Sibara filifolia, Lithophragma maximum,
and Cercocarpus traskiae;
(2) The location of any additional populations of these species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of these species; and
(4) Current or planned activities in the subject area and their
possible impacts on these species.
Final promulgation of the regulations on these species will take
into consideration the comments and any additional information received
by the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received by September
25, 1995. Such requests must be made in writing and addressed to the
Field Supervisor of the Carlsbad Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments or Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the U.S. Fish and Wildlife Service, Carlsbad Field Office
(see ADDRESSES section).
Author. The primary author of this document is Debra Kinsinger,
Carlsbad Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under FLOWERING PLANTS, to the List of Endangered
and Threatened Plants, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Cercocarpus traskiae.... Catalina Island U.S.A. (CA)............ Rosaceae............... E ........... NA NA
mountain-mahogany.
* * * * * * *
Lithophragma maximum.... San Clemente Island U.S.A. (CA)............ Saxifragaceae.......... E ........... NA NA
woodland-star.
* * * * * * *
Sibara filifolia........ Santa Cruz Island U.S.A. (CA)............ Brassicaceae........... E ........... NA NA
rockcress.
* * * * * * *
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Dated: July 5, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-18241 Filed 7-24-95; 8:45 am]
BILLING CODE 4310-55-P