[Federal Register Volume 62, Number 153 (Friday, August 8, 1997)]
[Rules and Regulations]
[Pages 42692-42702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20879]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD37
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Three Plants From the Channel Islands of Southern
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) determines Cercocarpus
traskiae (Catalina Island mountain-mahogany), Lithophragma maximum (San
Clemente Island woodland-star), and Sibara filifolia (Santa Cruz Island
rockcress) to be endangered throughout their respective historical
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 and may still occur on
Santa Catalina Island, although the last sighting of the species on
that island was in 1973. These plants are threatened by a variety of
factors including grazing, fire, competition from non-native plant
species, erosion, and hybridization. This rule implements the Federal
protection provisions afforded by the Act for these three plant
species.
DATES: Effective September 8, 1997.
ADDRESSES: The file for this rule is available for inspection, by
appointment, during normal business hours at the U.S. Fish and Wildlife
Service, Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad,
California 92008.
FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at
the above address (telephone 760/431-9440; facsimile 760/431-9624).
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 known only from Santa Catalina Island, although a
single plant was discovered in the Santa Monica Mountains in 1993.
Lithophragma maximum occurs on San Clemente Island. Sibara filifolia
occurs on San Clemente and Santa Catalina Islands. Sibara filifolia was
also historically found on Santa Cruz Island.
The Channel Islands are composed of igneous and sedimentary rocks
that have been uplifted and folded by tectonic activity (Raven 1963,
Thorne
[[Page 42693]]
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 (Raven 1967).
The Channel Islands are rich in endemic species as a result of
their age and 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 insular endemic species, including the three plants
discussed herein, began before thorough botanical studies on the
islands were completed. The original range and distribution of these
endemics are speculative because their original habitats are now
dominated by non-native plants. Although the Channel 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. 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 stripping of vegetation and soil on the islands (Johnson 1980).
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 square
kilometer (sq km) (56 square mile (sq mi)) island is 600 meters (m)
(1,965 feet (ft)) (Power 1980). San Clemente Island contains the entire
historical range of Lithophragma maximum and one of two known
populations of Sibara filifolia.
Goats (Capra hircus) were present on San Clemente Island as early
as 1827 (Dunkle 1950). The San Clemente Island Sheep and Wool Company
leased that island from the U.S. Government from 1877 to 1934 (Raven
1963). The ownership of the island was subsequently transferred to the
Department of Defense (Navy). Although the Navy eliminated sheep (Ovis
aries) grazing in 1934, the goat population proliferated (Kellogg and
Kellogg 1994). In addition, the California Department of Fish and Game
(CDFG) introduced pigs (Sus scrofa) to the island in 1951 and mule deer
(Odocoileus hemionus) in 1962 (Kellogg and Kellogg 1994). Populations
of feral goats ranged from 15,000 to 20,000 about 1930 (Kellogg and
Kellogg 1994). The Navy removed all feral goats and pigs by 1992, in an
effort to preserve endemic flora and fauna (Kellogg and Kellogg 1994).
Santa Catalina Island is the largest of the southern Channel
Islands, measuring 194 sq km (75 sq mi). The terrain is rugged and
mountainous, with a maximum elevation of 648 m (2,125 ft) (Power 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 supports the only
known extant population of Cercocarpus traskiae and is part of the
historical range of Sibara filifolia (Thorne 1967, Thorne 1969, Wallace
1985). The most recent find, the first in 70 years, of Sibara filifolia
on Santa Catalina was in 1973. The voucher specimen is at the Rancho
Santa Ana Botanic Garden Herbarium, but its existence remained unknown
until 1996.
Santa Cruz is the largest of the northern Channel Islands measuring
250 sq km (96 sq mi) with a maximum elevation of 753 m (2,470 ft)
(Power 1980). The north side of the island 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 co-owned by the National Park Service
(Schuyler 1987) and a private party. Santa Cruz Island is a historical
location of Sibara filifolia, although the species has not been seen on
the island since 1936.
Cercocarpus traskiae was first described by Alice Eastwood (1898)
based on a specimen collected by Blanche Trask in 1897. Dunkle (1940)
reduced C. traskiae to a variety of C. betuloides. Although Martin
(1950) subsequently included this taxon as a variety of C. montanus,
Munz and Keck (1959) retained it as C. betuloides var. traskiae. Munz
(1935, 1968) returned C. betuloides var. traskiae to species rank, C.
traskiae. Murray (1982) changed the rank of this taxon to a subspecies
of C. betuloides; however, C. traskiae is currently recognized at the
species level by both Munz (1974) and Lis (1993).
Cercocarpus traskiae, a member of the rose family (Rosaceae), is an
evergreen shrub or small tree that flowers 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 sepals,
petals, 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
lower surface is densely white-woolly. Cercocarpus betuloides var.
blancheae is relatively common on Santa Catalina Island, and is
distinct from C. traskiae (Eastwood 1898, Cole and Lu 1979). It is
differentiated from C. traskiae by the strigose (with stiff, sharp,
appressed hairs) undersides of its leaves and by the pubescence of 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 (Martin 1984). On Santa Catalina Island, C. traskiae is
currently only found in Wild Boar Gully, a steep-sided, narrow arroyo
located in the southwestern portion of the island (Thorne 1967, 1969).
Cercocarpus traskiae occurs there in coastal sage scrub containing
Eriogonum fasciculatum (California buckwheat), Salvia mellifera (black
sage), and Rhus integrifolia (lemonade berry). The Santa Catalina
Island Conservancy (SCIC), a private corporation which owns 86 percent
of the land on Santa Catalina Island, owns all of the habitat occupied
by C. traskiae.
An estimated 50 individuals of cocarpus traskiaere identified from
Wild Boar Gully when this taxon was originally discovered (Eastwood
1898). The population has since been reduced to six mature trees
(Martin 1984, Rieseberg and Swensen 1996). The SCIC has planted C.
traskiae seedlings in test plots (Rieseberg et al. 1989). The results
of this planting are unknown at this time.
In 1993, a single individual of Cercocarpus traskiae was discovered
in the Santa Monica Mountains by David Carroll (Rieseberg and Swensen
1996). Although additional individuals may exist in the Santa Monica
Mountains, this taxon is not likely to be widespread or common. The
single mainland specimen 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
[[Page 42694]]
var. betuloides (Rieseberg and Swensen 1996). It is also possible that
this specimen was planted.
Lithophragma maximum was originally described by Rimo Bacigalupi
(1963) as L. maxima based on a collection by Mrs. Nell Murbarger in
1936 on San Clemente Island. The specific epithet was later corrected
to L. maximum (Bacigalupi 1979). Taylor (1965) was unaware of L.
maximum at the time he published his monograph of the genus; however,
L. maximum has been recognized by Munz (1968, 1974) and Elvander
(1993).
Lithophragma maximum is a member of the saxifrage family
(Saxifragaceae) and flowers from April to June. It is a rhizomatous,
perennial herb with basal leaves and 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 species of
Lithophragma by its trifoliolate compound leaves (Munz 1968, Elvander
1993).
Lithophragma maximum was thought to be extinct until it was
rediscovered in 1979 in Bryce and Eagle Canyons by Mitch Beauchamp and
Howard Ferguson (Bacigalupi 1979). The number of plants on the island
found in Bryce Canyon has fluctuated from 5 to 15 plants since its
rediscovery (Bacigalupi 1979, Beauchamp 1987, Mistretta 1992). Three of
the 15 plants originally discovered in Eagle Canyon are believed to be
extant at this time (Kellogg and Kellogg 1994). Sixteen additional
plants were found in Near Death Canyon in 1991. There are currently
only 11 known populations, all from the southeastern part of the island
in deeply incised canyons. Approximately 200 plants were located during
field surveys for this species in the spring of 1996 (M. Elvin, Rancho
Santa Ana Botanic Garden, in litt. 1996; J. Stone, Naval Air Station,
North Island, pers. comm. 1996). These plants were generally found at
or near previously known sites.
Sibara filifolia was first collected by E. L. Greene in 1886 and
described as Cardamine filifolia (Greene 1887a). Greene (1887b) later
transferred it to Arabis filifolia. Greene (1896) proposed the new
genus Sibara to accommodate this species. Sibara has been retained by
Munz and Keck (1959), Munz (1968, 1974), and Rollins (1993).
Sibara filifolia is a slender annual herb in the mustard family
(Brassicaceae) that flowers in April (Munz 1974). 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 lobed leaves
are 2.5 to 5 cm (1 to 2 in.) long, with narrow linear lobes. The fruit
is a slender pod (silique), 1.5 to 3 cm (3/5 to 1 in.) long, that
contains many wingless seeds. Sibara filifolia is distinct from S.
virginica, which has narrowly winged seeds, and from S. rosulata and S.
deserti, which have white petals. No other species of Sibara occur on
the Channel Islands.
The type locality for Sibara filifolia is Santa Cruz Island (Greene
1887a). It was last seen on Santa Cruz Island in 1936 and was not
relocated during the 1985 survey of the island. The species is thought
to have once been common as well as wide ranging, because it was
collected on two distant islands, Santa Catalina and Santa Cruz. Trask
collected S. filifolia in 1901 on Santa Catalina Island where she
reported it to be common in two locations (Thorne 1967). A more recent
(1973) collection of S. filifolia from Santa Catalina Island came to
light in 1996. Although the status of the population on Santa Catalina
is not precisely known, the species has not been reported from there
since 1973. M. Hoefs (Wrigley Botanical Garden, Catalina, pers. comm.
1996), one of the original collectors, did not relocate any specimens
at the original site during a search for Sibara filifolia but noted
that the habitat and associated species appear to be in good condition.
Although Sibara filifolia has not been observed on Santa Catalina
Island for 24 years, its extirpation has not been confirmed, and for
that reason the Service believes there is a possibility that it still
may be present there.
Sibara filifolia, originally known from historical collections on
Santa Cruz Island and Santa Catalina Island, had never been known to
occur on San Clemente Island until 1986 when two plants were discovered
near Pyramid Head by Beauchamp (1987). Prior to this discovery, the
species was thought to be extinct. The extent of its original range on
San Clemente Island is unknown.
Sibara filifolia presently exists on San Clemente Island only on a
sea terrace on the southern part of the island, near Pyramid Head. It
grows on volcanic rock scree (talus) in association with Opuntia
prolifera (cholla), Selaginella bigelovii (spike-moss), and Lotus
argophyllus var. adsurgens (San Clemente Island birds-foot trefoil)
(Beauchamp 1987, Elvin, in litt. 1996). This location 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 were fewer than 40 of these plants located
on San Clemente Island in the 1996 season (Elvin, in litt. 1996; Stone,
pers. comm. 1996). These plants were found on a dry rocky saddle with
thin soil.
Previous Federal Action
Federal government action on all three 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 for endangered status, Sibara
filifolia as threatened and Lithophragma maximum as extinct. 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
context of section 4(c)(2) of the Act (petition provisions are now
found in section 4(b)(3)(A)), and of the Service's intention to review
the status of the plant taxa named therein, including C. traskiae, L.
maximum and S. filifolia. On June 16, 1976, the Service published a
proposal (41 FR 24523) to list approximately 1,700 vascular plants as
endangered species pursuant to section 4 of the Act. Cercocarpus
traskiae and Lithophragma maximum were included in this Federal
Register notice. Because the list contained only proposed endangered
species, Sibara filifolia was not included.
General comments received in response to the 1976 proposal were
summarized in an April 26, 1978, Federal Register notice (43 FR 17909).
A revision of the Smithsonian report was published in April 1978 as a
book: Endangered and Threatened Plants of the United States,
Smithsonian Institution and World Wildlife Fund, Washington, DC
Acknowledgment of the Service's acceptance of this document as a
petition was included in a notice of findings on certain petitions
published in the Federal Register on February 15, 1983 (48 FR 6752).
This document recommended endangered status for Sibara filifolia,
Cercocarpus traskiae, and Lithophragma maxima [sic]. Lithophragma
maximum was included, although it was considered extinct, because of
the possibility it would be rediscovered. The 1978 amendments to the
Endangered Species Act amendments required all proposals
[[Page 42695]]
over two years old to be withdrawn, although a one-year grace period
was given to those proposals already more than two years old. 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, Lithophragma maximum, and Sibara
filifolia as category 1 taxa. Category 1 taxa were taxa for which the
Service presently had sufficient data in its possession to support
preparation of listing proposals. Sibara filifolia was marked with an
asterisk indicating a possibly extinct species. The status of the three
species remained unchanged until February 21, 1990, when the Service
published in the Federal Register a notice of review for plant taxa (55
FR 6183) in which Sibara filifolia was no longer considered possibly
extinct, following its rediscovery on San Clemente Island. The status
of the three species remained unchanged in a subsequent notice of
review published by the Service in the Federal Register (58 FR 51143)
on September 30, 1993. In the notice of review published by the Service
on February 28, 1996 (61 FR 7595), Cercocarpus traskiae, Lithophragma
maximum, and Sibara filifolia were listed as proposed endangered.
Section 4(b)(3)(B) of the Act 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.
On July 25, 1995 (60 PR 37988), the Service published a proposal to
list Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia
as endangered species. Publication of the proposed rule constituted the
warranted finding for these species. The Service now determines
Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia to be
endangered species with the publication of this rule.
The processing of this final rule follows the Service's listing
priority guidance published in the Federal Register on December 5, 1996
(61 FR 64475). The guidance clarifies the order in which the Service
will process rulemakings following two related events: (1) The lifting,
on April 26, 1996, of the moratorium on final listings and critical
habitat designations imposed on April 10, 1995 (Pub. L. 104-6), and (2)
the restoration of significant funding for listing through passage of
the omnibus budget reconciliation law passed on April 26, 1996,
following severe funding constraints imposed by a number of continuing
resolutions between November 1995 and April 1996. The guidance calls
for prompt processing of final rules containing species facing threats
of high magnitude. All three taxa in this rule face high magnitude
threats.
Summary of Comments and Recommendations
In the July 25, 1995, proposed rule (60 FR 37987) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. The comment period closed on October 9, 1995. Appropriate
State agencies, county and city governments, Federal agencies,
scientific organizations, and other interested parties were notified
for comment. Public notices announcing the publication of the proposed
rule were published in the San Diego Union-Tribune and The Outlook on
August 10, 1995. The Service received one letter of comment during the
comment period. No request for a public hearing was received.
In accordance with interagency policy published on July 1, 1994 (59
FR 34270), the Service also solicited the expert opinions of three
independent specialists regarding pertinent scientific or commercial
data for taxa under consideration for listing. The purpose of such
review is to ensure listing decisions are based on scientifically sound
data, assumptions, and analyses, including input of appropriate experts
and specialists. Lack of response to a request for review is assumed to
constitute concurrence. No responses were received from the three
independent specialists solicited.
The single letter of comment received specifically addressed the
two plant taxa that occur on San Clemente Island. The comments have
been organized into nine specific issues. The issues and the Service's
responses are summarized as follows.
Issue 1: The commenter stated that Lithophragma maximum and Sibara
filifolia are protected on San Clemente Island through limited access
to their habitat as well as through active management.
Service Response: The factors affecting these species were
discussed in the proposed rule (60 FR 37987). These included, but are
not restricted to, loss of habitat from erosion induced or exacerbated
by herbivore damage, and direct decline of the species from herbivore
damage. Other natural or man-made factors were considered, including
specifically, the presence of invasive exotic plant species, and fires
induced by military activities which include bombing.
The Navy has removed the most destructive herbivores, goats and
pigs, from San Clemente Island. No feral goats were evident as of June
1992 (Kellogg and Kellogg 1994). This action enhances the status of the
native biota in general. It also will greatly improve the prospects for
survival of Lithophragma maximum, Sibara filifolia, and other sensitive
plants. However, both species remain threatened by human-caused fires,
bombing, and the spread of invasive non-native plants. The remaining
population of Sibara filifolia, for example, lies in close proximity to
a target area where ship-to-shore bombardment occurs. Limited access to
the two species' habitat will not completely alleviate these threats.
The Service has not received any plans for the active management of
these species.
Issue 2: The commenter suggested that Lithophragma maximum would
benefit from protection afforded the endangered Castilleja grisea (San
Clemente Island paintbrush) and Lotus dendroideus var. traskiae
(Trask's Island lotus) because these species ``* * * are located in
canyons with the San Clemente Island woodland-star.'' The commenter
also asserted that similar protection was afforded Sibara filifolia
because ``Rare taxa, including the cliff spurge (Euphorbia misera),
island apple-blossom (Crossosoma californica), and San Clemente Island
silver hosackia (Lotus Argophyllus adsurgens) were observed nearby.''
Service Response: According to Kellogg and Kellogg (1994), Elvin
(pers. comm. 1996) and Stone (pers. comm. 1996), Lithophragma maximum
[[Page 42696]]
occasionally occurs with Castilleja grisea, but there is no consistent
pattern. Distribution maps show that patterns of occurrence of
Lithophragma maximum, Castilleja grisea, and Lotus dendroideus var.
traskiae are not coincident over significant portions of their ranges
(Kellogg and Kellogg 1994).
Although Sibara filifolia may occasionally occur near habitats
occupied by rare plant taxa, none of these other taxa are known to be
restricted to the same habitat as Sibara filifolia. In addition, none
of the rare plant taxa mentioned are protected pursuant to the Act and,
therefore, do not provide protection to other species found in the same
area.
Issue 3: The commenter noted that there are nine historical
sightings of Lithophragma maximum, and concluded that the Rare Plant
Survey for San Clemente Island, set for 1996, would provide more
definitive information on the status of the taxa. The commenter also
noted that the difficulties associated with access to L. maximum
locales and habitat may compromise status and distribution assessments
of the species.
Service Response: This species apparently is extant at 11 sites on
San Clemente Island (Stone, pers. comm. 1996). These sites include
three newly discovered sites (Elvin, pers. comm. 1996) and omit a
previously reported site of doubtful validity. Based on the Rare Plant
Survey and other information available to the Service, the total
recorded range is about 4 km (2.5 mi) along the east coast of San
Clemente Island, rather than the 7 mi cited by the commenter. A
purported historical occurrence of Lithophragma maximum at Lemon Tank,
near the middle of the island, stems from a confusion between two
collections cited by Raven (1963). A collection of L. maximum made by
Murbarger in 1936 did not identify a specific locality (Bacigalupi
1963), but rather `` * * * a single canyon on the East side [of the
island].'' Raven (1963) also listed a collection made by Munz at Lemon
Tank under L. maximum noting that the specimen, which Munz called
Heuchera in his field notes, was lost. Elvin (pers. com. 1996) believes
that the habitat within Lemon Tank is unsuitable for L. maximum.
Therefore, the evidence to support consideration of Lemon Tank as a
historical locality is insufficient.
Recent field work focused, in part, on Lithophragma maximum has
resulted in the identification of about 200 individuals on San Clemente
Island. Although, this estimate does not take into account populations
in those canyons not surveyed in 1996, the species is known to exist in
low numbers of individuals in a few scattered localities. The Interim
Report, Sensitive Plant Status Survey by Junak and Wilken (in litt.
1996) does not provide any new information regarding the condition of
Lithophragma maximum, its microhabitat preferences, or biology. This
species occupies grassy benches in steep canyons, and its habitat is
subject to loss from increased erosion from natural causes and loss of
vegetation cover from fires.
The number of known populations of L. maximum is low (11) as is the
total number of individuals. Most plant populations are genetically
differentiated from one another and maintenance of this diversity is
vital to the survival of rare plants (Barrett and Kohn 1991).
Lithophragma maximum is, therefore, likely to be quite susceptible to
genetic stresses (Barrett and Kohn 1991).
Issue 4: The comment was made that two plants of Sibara filifolia
were discovered on San Clemente Island in 1986 and 50 to 350 plants
were found at the site in 1992.
Service Response: Staff of Rancho Santa Ana Botanic Garden
conducted field surveys in the Guds region, at the southeast end of the
island, in 1996. Sites of previously known populations that had burned
in 1995 were surveyed (Stone, pers. comm. 1996). Although no
individuals were found at known, previously occupied sites, fewer than
40 plants were found at a new, nearby site. Because the plants were
found in an area with thin soil, their seeds may not survive fire
(Elvin, pers. comm. 1996). As evidenced by the drastically lower number
of individuals from the 1992 estimates to the 1996 counts, this species
appears to be susceptible to environmental events, such as fire.
Currently no estimate of the long-term effects of small population
size or adverse environmental events exist for plant species (Huenneke
1991). Further, there is no evidence that the plants observed were the
result of the germination of the entire seed bank from the previous
year. Nevertheless, given the fire history and disturbance pattern of
the island and the small number and location of extant plants, this
species remains in danger of extinction.
Issue 5: The commenter disagreed that the abundance of exotic
plants adversely affects the native plant species of the island and
contributes to their slow recovery. The commenter pointed out that the
Navy has implemented a native bunchgrass restoration program. This
action has resulted in a weed eradication implementation plan. The
annual grass, Avena barbata (slender wild oat) was mentioned as the
eradication target. Eradication of this species is to be followed by
reseeding with native bunchgrasses.
Service Response: Exotic plants occur in abundance on San Clemente
Island. Exotic species such as Amsinkia intermedia, and Bromus diandrus
occur near Lithophragma maximum and may compete with this plant for
space or resources, or may otherwise affect the persistence of this
species. Exotic species are not abundant on the thin rocky soils
currently occupied by Sibara filifolia, but do occur on other soil
types that historically may have supported this species. Exotic species
such as Avena barbata could restrict the expansion of the S. filifolia
population, as they occupy potential habitat for this species.
While the Service is interested in providing input to restoration
efforts that may benefit listed or sensitive species, the Service has
not received or reviewed the Navy native bunchgrass restoration program
or weed eradication implementation plan mentioned by the commenter.
Such programs may benefit listed species, however the target weed
species, Avena barbata, does not occur in the habitat types of
Lithophragma maximum or Sibara filifolia, and neither species are
bunchgrasses. Therefore, the weed eradication and native bunchgrass
restoration described in the comment letter are not expected to reduce
threats to L. maximum or S. filifolia.
Issue 6: The commenter noted that the proposed rule states that
Service-proposed mitigation measures were not adequately implemented.
The commenter argued that ``[i]n most instances Service comments result
in direct modification of projects and implementation of appropriate
mitigation measures.'' The commenter further noted that a fire
management plan and a native bunchgrass restoration program have been
implemented.
Service Response: Most of the current impacts to sensitive plant
species on San Clemente Island are related directly or indirectly to
current human activities. Prior to 1996, the Navy avoided sensitive
habitats through an internal site approval process, but did not
coordinate with the Service on some programs and projects that had
potential effects on listed species. Military activities associated
with ongoing training could have long lasting effects on sensitive
plant taxa on San Clemente Island. The potential impacts of these
activities must be adequately assessed and appropriate mitigation
incorporated.
[[Page 42697]]
Issue 7: The commenter contended that fire, bombardment, and
bulldozing are minimal threats to Lithophragma maximum given the fact
that the species grows in canyon bottoms. The commenter concluded that
bulldozer use is precluded in canyon bottoms and noted that the shore
bombardment area (SHOBA) is located on the opposite side of the island.
The commenter stated that the same factors hold true for Sibara
filifolia, although no specific information was provided. The commenter
further stated that the Service had misrepresented the threat of fire
to the species because of the location of the taxa and the low density
of potential fuels.
Service Response: As was discussed previously under Issue 4, a 1995
fire may have eliminated the populations of Sibara filifolia known to
be extant on San Clemente Island prior to 1996. Based on the history of
this species, even if all currently and previously known populations
are extant, the total number of individuals present in 1997 would
likely be no more than a few hundred. Although the bombardment target
areas are on the other side of the island from S. filifolia and L.
maximum populations, the area delineated as the SHOBA includes the
entire southern end of the island. No bulldozing activities currently
take place or are planned on the sea terraces near the Sibara filifolia
sites (Stone, pers. comm. 1996), therefore, bulldozing currently
remains a minimal threat to Sibara filifolia. However, if bulldozing is
employed for access or fire suppression, the effects of such an action
could easily eliminate the S. filifolia population. Fires or bulldozing
can also lead to increased erosion above the steep canyons and induce
habitat loss for Lithophragma maximum. Fires near the upper ends of the
canyons could also destroy the dense shrub cover of Rhus integrifolia
(lemonade berry) and Prunus ilicifolia ssp. lyonii (Catalina cherry)
which often provide cover for L. maximum (G. Allan, in litt. 1996;
Elvin, in litt. 1996).
Issue 8: In response to the threat posed by military-associated
fires, the commenter contended that the Navy is actively implementing a
fire management plan and that fuel breaks had been created around
target sites in the SHOBA. According to the commenter, although the
Fire Management Plan (FMP) is still being prepared it will prohibit
military training using pyrotechnics or live firing during the fire
season.
Service Response: The suppression measures recently proposed by the
Navy should decrease the spread and severity of wildfires at the
southern end of San Clemente Island. However, wildfires and prescribed
fires will continue to pose a threat to Sibara filifolia, which could
be destroyed by fire, as evident from the destructive 1995 fire. Fires
could also cause significant loss of vegetative cover and result in
increased erosion in the canyon habitats of Lithophragma maximum. The
development and implementation of a fire management plan will be an
integral part of any strategy to protect L. maximum, S. filifolia, and
the other sensitive biota on the island.
Although some of the vegetation on the island is recovering well
after removal of the feral goats, their removal may also allow for a
general increase in previously browsed exotic vegetative cover and thus
increase the severity of any fire in the area. Sibara filifolia
apparently has not increased in abundance since feral goat removal (O.
Mistretta, Rancho Santa Ana Botanic Garden, in litt. 1996).
Issue 9: The commenter recommended postponement of listing or
evaluation until the rare plant survey is completed to provide more
definitive information on the status of Lithophragma maximum and Sibara
filifolia on San Clemente Island.
Service Response: Following publication of the proposed rule and
receipt of the commenter's letter, Junak and Wilken (in litt. 1996)
conducted the requested rare plant survey and provided results and
pertinent discussion to the Service. Based on a review of the interim
rare plant survey and other information available to the Service, it is
unlikely that finalization of the document will provide significant
information indicating that Lithophragma maximum and Sibara filifolia
are more widespread or less vulnerable than previously believed.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Cercocarpus traskiae,
Lithophragma maximum, and Sibara filifolia should be classified as
endangered species. Procedures found at section 4 of the Act (16 U.S.C.
1533) and regulations (50 CFR part 424) promulgated to implement the
listing provisions of the Act were followed. 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 Eastw. (Catalina Island
mountain-mahogany), Lithophragma maximum Bacigal. (San Clemente Island
woodland-star), and Sibara filifolia (Greene) Greene (Santa Cruz Island
rockcress) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Their Habitat or Range
In general, feral animals have caused a loss of habitat for endemic
species on all the Channel Islands. Defoliation from overgrazing caused
increased erosion resulting in loss of topsoil and the formation of
incised canyons (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. Goats were introduced to
the island as early as 1827 (Thorne 1967). 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 soil in some canyons and may have impacted
both Sibara filifolia and Cercocarpus traskiae (Thorne 1967).
Although the Santa Catalina Island Company eliminated sheep grazing
in the 1950's (Thorne 1967), the population of feral goats and pigs
continued to increase. A goat and pig management program has reduced
the number of feral herbivores, but the threat to native species still
remains (Dave Garcelon, Institute For Wildlife, Santa Catalina Island,
pers. comm. 1994) (see Factor C). 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 (Martin 1984). A
noticeable increase in seedlings of all types have been observed since
the numbers of pigs and goats have declined (Rieseberg and Swensen
1996).
San Clemente Island is currently used as an artillery practice
range and as a ship-to-shore bombing area (Kellogg and Kellogg 1994).
Fires due to natural events or as a result of military activities can
significantly decrease the plant cover. This can lead to increased
[[Page 42698]]
erosion, which is a serious, persistent problem on the island (Kellogg
and Kellogg 1994). An indirect effect of fire is the possible
alteration of the climax vegetation components and associated habitat.
The direct effects of fire on the plant populations is discussed under
Factor E.
The decline of the flora on Santa Cruz Island, including extirpated
populations of Sibara filifolia, is primarily due to overgrazing by
sheep and other non-native herbivores. Sheep, cattle, and horses were
introduced to Santa Cruz Island in 1853; pigs may have been introduced
at the same time (Brumbaugh 1980). The population of sheep has ranged
from 20,000 to 50,000 or more (Brumbaugh 1980, Schuyler 1987). 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). Most feral
herbivores have been removed, but pigs remain and sheep currently
remain on the east end of the island (see Factor C).
B. Overutilization for Commercial, Recreational, or Educational
Purposes
Due to their extreme rarity on Santa Catalina Island, Cercocarpus
traskiae and Sibara filifolia may become vulnerable to collecting on
the island as a result of increased publicity following the publication
of a listing proposal and final rule. The rarity of C. traskiae and S.
filifolia suggests that any unauthorized collection or even
unintentional overutilization could result in extinction or
extirpation. The focus of many evolutionary biologists on the biology
of islands (Rieseberg and Swensen 1996) ensures that interest in these
insular species will continue, necessitating careful control over
access to known or potential localities on the islands of Santa
Catalina and Santa Cruz. Overutilization is not known to be applicable
for Lithophragma maximum and Sibara filifolia 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 (and, probably, Sibara filifolia) on Santa Catalina Island and
threaten the possible reappearance of Sibara filifolia on Santa Cruz
Island. Non-native mule deer and goats likely consume endemic plants
including Cercocarpus traskiae. Severe browsing may kill plants
directly and prevent successful reproduction by surviving individuals
(Thorne 1967).
The decline of Cercocarpus traskiae is primarily due to grazing by
feral goats and pigs. Pigs are limiting the recovery of C. traskiae
because they uproot new seedlings while searching for food. Previously
these animals nearly drove this taxon to extinction (Rieseberg et al.
1989). Fencing was installed around two individuals in the late 1970s
(Rieseberg 1991). In 1985, this fencing was improved and enlarged to
exclude pigs, and perimeter fencing was added to limit access by other
non-native animals (Rieseberg 1991). As a result, seedling counts
increased from 1 in 1984 to 70 seedlings in 1988 (Rieseberg 1991). In
1994, however, a total of only 54 seedlings was found. Most of the C.
traskiae trees do not have individual pig-proof fencing around them and
the perimeter fencing does not exclude pigs. Approximately 2,000 pigs
remained on Santa Catalina Island at the time of publication of the
proposed rule. It appears that the SCIC pig removal program has waned
since 1994; the current estimate of the numbers of pigs on Santa
Catalina Island is 2,000 to 3,000 animals (Garcelon, pers. comm. 1996).
Although managers for the SCIC have removed more than 8,000 goats
from the island, 300 to 400 goats remained on the island at the time of
publication of the proposed rule in 1994. Due, in part, to decreased
management since 1994, the current estimate of the goat population on
Santa Catalina Island is up to 1,000 to 1,500 animals (Garcelon, pers.
comm. 1996). Similarly, populations of introduced mule deer are
increasing, currently estimated at 500 to 700 animals. Although reduced
predation by goats resulted in successful basal sprouting of
Cercocarpus traskiae, a continued increase in goat and deer populations
would likely reverse this trend. Perimeter fencing along Wild Boar
Gully limits the access of deer and goats to Cercocarpus traskiae, but
it does not entirely exclude them.
Sibara filifolia may have been extirpated from Santa Cruz Island by
overgrazing. Although some areas have been fenced, sheep and pigs
continue to re-invade these areas and their numbers appear to be
increasing. Although Sibara filifolia could be rediscovered on Santa
Cruz Island, grazing by non-native animals may prevent its re-
establishment or proliferation.
D. The Inadequacy of Existing Regulatory Mechanisms
Existing regulatory mechanisms that could provide some protection
for Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia
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) the Act in those cases
where these taxa occur in habitat occupied by other listed species; and
(4) local laws and regulations.
State and Local Laws, Regulations, and Ordinances: 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 (CFG) Code) and the CESA (Division 3, chapter
1.5, section 2050 et seq.). Although NPPA and CESA prohibit the
``take'' of State-listed plants (chapter 10, section 1908 and chapter
1.5, section 2080, CFG Code), these existing statutes appear to be
inadequate to protect against 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 grows on his or her
property, the CFG Code 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). Sibara filifolia is
not State-listed and has no protection under these laws.
The CEQA (California 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 impacts 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 exemption under CEQA as categorically exempt
activities. Also, ``negative declarations'' can allow a State agency to
overlook the existence of listed plants at project sites.
The majority of the occurrences of these species are on Federal
land and
[[Page 42699]]
are not subject to CEQA. Cercocarpus traskiae and the Santa Catalina
Island occurrence of Sibara filifolia are on private land owned by the
SCIC and subject to the provisions of CEQA. Regardless, the Service
does not anticipate future project proposals that may adversely affect
listed species because SCIC lands are dedicated for conservation
purposes. However, the current threats posed by the naturally expanding
feral goat, pig, and mule deer populations on Santa Catalina Island
would not be addressed by CEQA review.
Federal Laws and Regulations: Candidate or other sensitive species
may be afforded protection if they exist with species already listed as
threatened or endangered under the Act. However, the ``Recovery Plan
for the Endangered and Threatened Species of the California Channel
Islands' (Service 1984) was prepared prior to the rediscovery of Sibara
filifolia on San Clemente Island. The plan also did not include
specific measures designed to protect Lithophragma maximum. Although
Castilleja grisea, a listed species, occasionally occurs with
Lithophragma maximum, this situation is not consistent or widespread
(Stone, pers. comm. 1996). The locations of the extant populations of
the three species which are the subject of this rule do not
consistently coincide with those of other federally listed plant or
animal species on the islands (Kellogg and Kellogg 1994; Elvin, pers.
comm. 1996). Therefore, Federal protection under the Act does not
currently extend to these three species. Although the Navy has removed
herbivores that were adversely affecting some of the listed taxa from
San Clemente Island, natural threats and direct and secondary impacts
from activities such as fires, bombing, and bulldozing continue
(Kellogg and Kellogg 1994; Mistretta, pers. comm. 1996; Elvin, in litt.
1996).
The Service acknowledges the efforts of the Navy to reduce the
likelihood and spread of wildfires on San Clemente Island. The primary
target area at China Canyon will be defoliated to reduce fuel loads on-
site to prevent the spread of fire into San Clemente Island loggerhead
shrike (Lanius ludovicianus mearnsi) habitat. No incendiary devices
will be used at this site during the period of the fire season that
overlaps with the breeding season of the shrike. In addition, a
firebreak will be created upslope from the defoliated target area. The
secondary target area at Pyramid Cove is used infrequently, but the
Navy will also defoliate a portion of this area. Only those defoliated
areas will be used during the fire season. These measures, when fully
implemented, will reduce the chance of wildfires. However, the number
of plants of Sibara filifolia and Lithophragma maximum are so low that
fire remains a threat to their persistence and recovery. An existing
agreement between the U.S. Forest Service and the Navy to provide
mutual support to suppress wildfires will add a level of protection
beyond existing conditions. The Forest Service will provide aerial
resources for fire fighting; however, the difficulties associated with
getting firefighting equipment to island locations and the possible
occurrence of concurrent fires on the mainland, especially during fire
season, may limit the benefits of this agreement. Details of the San
Clemente Island fire management plan, as they pertain to Sibara
filifolia and Lithophragma maximum remain unresolved.
Like CEQA, 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, under NEPA, the Service's comments are only advisory. Project
proponents are not required to necessarily avoid, minimize, or mitigate
impacts to these species under NEPA.
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 of alien
plants are currently known (Kellogg and Kellogg 1994). Of these alien
plants, ten were noted in 1886 (Lyon 1886), 66 in 1963 (Raven 1963),
and 81 in 1985 (Wallace 1985). The abundance of exotic plants continues
to adversely affect the endemic plant species of the island and
contributes to their slow recovery from previous predation by feral
animals (Kellogg and Kellogg 1994; Mistretta, in litt. 1996). The
disparity between the reported historical occurrences of Sibara
filifolia on shady north-facing slopes and the current presence of the
species on grass-free, south-facing slopes, suggests that alien grasses
may prevent the expansion of S. filifolia into otherwise suitable
habitat (Greene 1887a, Kellogg and Kellogg 1994).
Lithophragma maximum is thought to have existed on the plateau area
of San Clemente Island before the introduction of non-native grasses
(Kellogg and Kellogg 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 taking large numbers of endemic plants with them.
(Beauchamp and Ferguson 1980).
Fires, some apparently related to military activities, and erosion
have contributed to the decline of Lithophragma maximum, Sibara
filifolia, and other native species endemic to San Clemente Island and
continue to threaten their existence (Kellogg and Kellogg 1994; Elvin,
in litt. 1996; Mistretta, in litt. 1996). The natural fire frequency of
San Clemente Island is not known and fire is not definitely known to be
the primary mechanism of natural disturbance on the island (Kellogg and
Kellogg 1994). Keeley (1982) found that the natural occurrence of fire
increased with elevation and distance away from the coast (further
inland); two factors that would point away from natural fire being a
common occurrence on islands. Considerable fire damage apparently
destroyed the known population of Sibara filifolia on San Clemente
Island in 1995 (Stone, pers. comm. 1996; Mistretta, in litt. 1996).
Chance fires could drastically reduce or eliminate all of the remaining
individuals of the species and destroy the seed bank as well,
preventing reestablishment of the last confirmed extant population
(Elvin, in litt. 1996).
Fire destroys vegetative cover to varying degrees, which can lead
to secondary effects such as increased soil instability and erosion.
Degraded plant communities can result in excessive erosion (Kellogg and
Kellogg 1994), particularly for areas near canyons where changes in
hydrologic patterns may result from enlarged bare areas above canyon
walls. Increased runoff can lead to slope failure and slumping of
material into canyon bottoms. As stated above, erosion of steep canyons
on San Clemente Island threatens Lithophragma maximum and may be
exacerbated by fire in the surrounding areas.
On Santa Catalina Island, Cercocarpus traskiae would likely suffer
high mortality from fire. Members of the genus Cercocarpus are long-
lived, a trait typical of shrubs in low fire frequency areas (Minnich
1980). The effects of a severe fire on this species would be
significant because so few mature individuals remain and the species is
not known to be a stump-sprouter following fire events. On Santa
Catalina Island, grazing by feral herbivores would inhibit the
establishment of any new shoots which sprout following fire (Minnich
1980).
[[Page 42700]]
Cercocarpus traskiae is threatened by hybridization with the
locally common C. betuloides var. blancheae. Because only six 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
genetic variability from the larger population. Rieseberg et al. (1989)
have recommended elimination of mature hybrids as a means of preserving
the species.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these three plant species in determining to
issue this final rule. Based on this evaluation, the preferred action
is to list Cercocarpus traskiae, Lithophragma maximum, and Sibara
filifolia as endangered. Cercocarpus traskiae and Sibara filifolia are
known from no more than two populations and fewer than 40 individuals.
Lithophragma maximum has a dissected distribution pattern of about 200
known individuals from 11 populations. All three species are imperiled
due to degradation of habitat, fire, predation by feral animals,
competition with exotic plant species, erosion, and hybridization.
Cercocarpus traskiae, Lithophragma maximum, and Sibara filifolia are in
danger of extinction throughout all or a significant portion of their
ranges, and therefore meet the Act's definition of endangered. 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 which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is determined to be endangered or threatened. The Service
finds that designation of critical habitat for Cercocarpus traskiae,
Lithophragma maximum, and Sibara filifolia is not prudent at this time.
Service regulations (50 CFR 424.12(a)(1)) state that designation of
critical habitat is not prudent when one or both of the following
situations exist: (1) The species is threatened by taking or other
human activity, and identification of critical habitat can be expected
to increase the degree of such threat to the species; or (2) such
designation of critical habitat would not be beneficial to the species.
As discussed under Factor B, Cercocarpus traskiae and Sibara
filifolia on Santa Catalina Island may become threatened by over-
collecting, an activity difficult to regulate. ``Taking'' is only
regulated by the Act with respect to plants in cases of (1) removal and
reduction to possession of federally listed plants from lands under
Federal jurisdiction, or their malicious damage or destruction on such
lands; and (2) removal, cutting, digging-up, damaging, or destroying of
federally listed plants on non-federal lands in knowing violation of
any State law or regulation, including State criminal trespass law. All
known populations of C. traskiae are on privately owned lands with
little or no Federal involvement. The SCIC, the landowner, is aware of
the presence of C. traskiae, supports the proposal to list the species,
and is currently working to protect the population. In addition, the
publication of precise maps and descriptions of critical habitat in the
Federal Register, would make the few remaining plants more vulnerable
to incidents of vandalism or collection and could contribute to the
decline of the species. Therefore, the designation of critical habitat
for C. traskiae (and S. filifolia, should its presence on Santa
Catalina Island be confirmed) could contribute to the decline of the
species.
The Service also determines that designation of critical habitat is
not prudent for Sibara filifolia or Lithophragma maximum. Critical
habitat designation provides protection only on Federal lands or on
private lands when there is Federal involvement through authorization
or funding of, or participation in, a project or activity. Extant
populations of Sibara filifolia and Lithophragma maximum occur on
Federal lands on San Clemente Island (except, as noted above, for the
occurrence of Sibara filifolia on Santa Catalina Island) and are
managed by the Navy. These populations are subject to section 7
consultation and recovery planning under the Act. Section 7(a)(2) of
the Act requires Federal agencies, in consultation with the Service, to
ensure that any action authorized, funded, or carried out by such
agency, does not jeopardize the continued existence of a federally
listed species, or does not destroy or adversely modify designated
critical habitat. For those species that occur wholly or primarily on
Federal lands or in areas subject to Federal regulation, and that exist
in small numbers and/or have a limited geographic distribution, any
action that would potentially have a significant impact to the species
may result in a ``jeopardy'' biological opinion in a section 7
consultation. Due to the limited, insular ranges of Sibara filifolia
and Lithophragma maximum and their small population sizes,
determinations for ``jeopardy'' and ``adverse modification'' likely
would involve similar scopes and analyses. The Navy has begun meeting
with the Service to discuss management of listed and other sensitive
species on San Clemente Island, including Lithophragma maximum and
Sibara filifolia populations. Protection of their habitat will be
addressed through the consultation and recovery processes. Therefore,
designation of critical habitat would provide no additional benefits
beyond those that these taxa would receive by virtue of their listing
as endangered species. All other Federal and State agencies involved
have been notified of the location and importance of protecting habitat
of these two taxa. Therefore, due to the increased risk of vandalism or
collection, and the lack of benefit to the species, the Service finds
that designation of critical habitat is not prudent at this time for
Cercocarpus traskiae, Sibara filifolia, and Lithophragma maximum.
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 public awareness and
results in conservation actions by Federal, State, and local agencies,
private organizations, and individuals. The Act provides for possible
land acquisition from willing sellers and cooperation with the States
and requires that recovery actions be carried out for all listed
species. The protection required of Federal agencies and the
prohibitions against certain activities involving listed plants are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate
[[Page 42701]]
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 subsequently
listed, 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 may have jurisdiction under
section 404 of the Clean Water Act for some habitats that support these
plants. Nationwide permits (61 FR 65784) are not valid where a
federally listed endangered or threatened species would be directly or
indirectly affected by the proposed project. When a proposed project
may affect a listed species, consultation is required pursuant to
section 7 of the Act prior to the authorization of any permit. In
addition, 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;
these actions also are subject to review by the Service under section 7
of the Act.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61 for endangered plants, apply. These prohibitions, in part,
make it illegal for any person subject to the jurisdiction of the
United States to import or export, 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, 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 on July 1, 1994 (59 FR
34272), to identify to the maximum extent practicable at the time a
species is listed those activities that would or would not constitute a
violation of section 9 of the Act. The intent of this policy is to
increase public awareness of the effect of 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. In general, the collection, damage, or destruction of
listed species on these lands is prohibited, except as authorized under
section 7 or section 10(a)(1)(A) of the Act. Such activities on non-
Federal lands, as would be the case for Cercocarpus traskiae, and Santa
Catalina Island specimens of Sibara filifolia, 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 potential violation
of section 9.
Questions 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 (50 CFR 17.61 and
17.71) and general inquiries regarding prohibitions and permits 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 (telephone 503/231-6241; facsimile 503/231-6243).
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).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
References Cited
A complete list of all references cited herein is available upon
request from the U.S. Fish and Wildlife Service, Carlsbad Field Office
(see ADDRESSES section).
Author: The primary author of this document is Dr. Gary D. Wallace,
Carlsbad Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended 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:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
[[Page 42702]]
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Cercocarpus traskiae............. Catalina Island U.S.A. (CA)........ Rosaceae........... E 624 NA NA
mountain-mahogany.
* * * * * * *
Lithophragma maximum............. San Clemente Island U.S.A. (CA)........ Saxifragaceae...... E 624 NA NA
woodland-star.
* * * * * * *
Sibara filifolia................. Santa Cruz Island U.S.A. (CA)........ Brassicaceae....... E 624 NA NA
rockcress.
* * * * * * *
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Dated: July 21, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-20879 Filed 8-7-97; 8:45 am]
BILLING CODE 4310-55-P