[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24492]
[[Page Unknown]]
[Federal Register: October 4, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AC 98
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for the Plant Lessingia Germanorum (San Francisco
Lessingia) and Threatened Status for the Plant Arctostaphylos Imbricata
(San Bruno Mountain manzanita) From California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act) for Lessingia germanorum (San Francisco lessingia), and
threatened status for Arctostaphylos imbricata (San Bruno Mountain
manzanita), two plants from the San Francisco peninsula of California.
Lessingia germanorum occurs in central dune scrub, and is known from
five sites on the Presidio in San Francisco County, and one site on San
Bruno Mountain in San Mateo County, California. This taxon has been
affected by and is endangered by competition with invasive alien
vegetation, residential and commercial development, sand quarrying,
increased pedestrian traffic and recreational activities, inadequate
regulatory mechanisms, bulldozing, shading by native and non-native
vegetation, incidental use of fertilizers, and other anthropogenic
activities. Arctostaphylos imbricata occurs in coastal scrub habitat,
and is only known from five small populations on San Bruno Mountain in
San Mateo County; this plant has been affected by and is vulnerable to
changes in fire frequency. This taxon is also threatened by collection,
as it is used horticulturally as an ornamental plant. Because of the
limited number of extant individuals of A. imbricata and L. germanorum
and their severely restricted distribution, they also are subject to an
increased likelihood of extinction from stochastic events. This
proposal, if made final, would implement the Federal protection and
recovery provisions afforded by the Act for these plants.
DATES: Comments from all interested parties must be received by
December 5, 1994. Public hearing requests must be received by November
18, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service, 2800
Cottage Way, Room E-1803, Sacramento, California 95825-1846. Comments
and materials received will be available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Kirsten Tarp (see ADDRESSES section)
at 916/978-5805.
SUPPLEMENTARY INFORMATION:
Background
Lessingia germanorum (San Francisco lessingia) and Arctostaphylos
imbricata (San Bruno Mountain manzanita) are endemic to the northern
San Francisco peninsula in California. Lessingia germanorum is found
within the central dune scrub community. Arctostaphylos imbricata is a
component of the coastal scrub community.
The natural communities of the northern San Francisco peninsula
have undergone a number of changes as a result of human-caused
activities. The northern part of the San Francisco peninsula is highly
urbanized. By 1984, over 90 percent of the northern peninsula's natural
habitat had been disturbed or eliminated (Orsak and Schooley 1984).
Urbanization has eliminated Lessingia germanorum from part of its
range, and intensive commercial and residential development are
ongoing. San Bruno Mountain was the last large parcel of open space in
the northern San Francisco peninsula, and pursuant to section
10(a)(1)(B) of the Act, was the site of the United States' first
habitat conservation plan after a decade-long land use battle (Bean et
al. 1991). Urban development also has fragmented the remaining habitats
for these plants. Habitat fragmentation increases the risks of
extinction due to chance events such as pest or disease outbreaks,
reproductive failure (which is possibly devastating to annual plants),
or other natural or human-caused disasters. Other anthropogenic
activities such as sand quarrying, increased pedestrian traffic and
recreational activities, change in fire frequency, bulldozing, or the
incidental use of fertilizers, also variously threaten the remaining
occurrences of these plants.
Discussion of the Two Species Proposed for Listing
Adelbert von Chamisso first collected Lessingia germanorum in 1816
on the sand hills of San Francisco, California (Howell 1929). Chamisso
described L. germanorum in 1829 and named it in honor of the Lessings,
a German family of scientists and authors. John Thomas Howell (1929)
recognized 11 varieties of L. germanorum. According to the rules for
botanical nomenclature, when a new subspecies is described in a species
not previously divided into infraspecific taxa, an autonym (an
automatically created name) is created (i.e. Lessingia germanorum var.
germanorum). Howell distinguished L. germanorum var. germanorum from
the other varieties by the presence of few glands and by the absence of
either odorous or bitter glandular secretions. Other treatments (Ferris
1959, Munz and Keck 1968) also recognized varieties of L. germanorum.
Currently L. germanorum is recognized as a distinct species (Lane
1993).
Lessingia germanorum is a slender annual of the aster family
(Asteraceae) with diffusely branched stems 10 to 30 centimeters (cm) (4
to 12 inches (in)) high. The herbage and stems are glandless and
covered with grayish, loosely interwoven hairs. Tubular lemon yellow
disc flowers with a brownish or purplish band are clustered into heads
that are solitary at the end of branchlets. The seeds, which are
attached to a crown of hairlike bristles, are light and easily carried
by the wind. Lessingia germanorum typically flowers between August and
November.
Historically, Lessingia germanorum occurred within the coastal dune
scrub community throughout the San Francisco peninsula. Currently L.
germanorum is restricted to the Presidio area of the San Francisco
peninsula, and one occurrence near the base of San Bruno Mountain. L.
germanorum grows on remnant sand dunes and sand terraces in open areas
with blowing sand (Susan Smith, Yerba Buena Chapter, California Native
Plant Society, pers. comm., 1992), at an elevational range between 24
to 91 meters (m) (80 to 300 feet (ft)). It is associated with
Chorizanthe cuspidata, Lotus scoparius, and Lupinus arboreous (or
Lupinus chamissonis). Five small populations, four natural and one
introduced, occur within the Presidio in San Francisco County. One of
the populations on the Presidio was established after approximately 10
cubic yards of sand was removed from the site of another population for
use on the base golf course. In 1989, an additional population was
discovered on San Bruno Mountain in northern San Mateo County.
Collectively, the populations inhabit less than 0.8 hectares (2 acres)
(Terri Thomas, Golden Gate National Recreation Area, pers. comm., 1993;
Paul Reeberg, National Park Service, pers. comm., 1993). Population
numbers for L. germanorum vary from year to year, but from 1980 to 1989
the total on the Presidio was less than 1,500 individuals per year
(California Department of Fish and Game (CDFG) 1989). The population on
San Bruno Mountain is estimated to have 1,600 to 1,800 individuals
(Paul Reeberg, pers. comm., 1993). The five small populations within
the Presidio have been managed by the Department of Defense but will be
transferred to the National Park Service effective October 1, 1994. The
population on San Bruno Mountain is jointly owned by Daly City and a
private landowner (Annemarie Quevedo, Assistant Planner for Daly City,
in litt., 1992).
The populations on the Presidio are threatened by competition with
invasive alien vegetation, shading from native and introduced shrubs
and trees, foot traffic, sand quarrying, bulldozing, and other
anthropogenic activities (CDFG 1989; California Natural Diversity
Database (CNDDB) 1992; Susan Smith, pers. comm., 1992; Paul Reeberg,
pers. comm., 1993; Terri Thomas, pers. comm., 1993). The population
located on San Bruno Mountain is threatened by urbanization, trampling,
competition from invasive alien vegetation, and bulldozing (Thomas Reid
Associates, in litt, 1991; Susan Smith, pers. comm., 1992; Paul
Reeberg, pers comm., 1993). Both the Presidio and San Bruno Mountain
populations are threatened by stochastic environmental events.
Alice Eastwood (1931) originally described Arctostaphylos imbricata
in 1931, based on material collected from the San Bruno Hills in 1915.
Until 1967, various authors either synonymized A. imbricata with A.
andersonii (Jepson 1939), or considered it to be a variety of A.
andersonii (Adams in McMinn 1935). James Roof followed Eastwood's
treatment and acknowledged A. imbricata as a distinct species (Roof
1967). Philip Wells (1988) subsumed A. montariensis as a subspecies of
A. imbricata, necessitating the creation of an autonym as discussed
above (i.e., A. imbricata ssp. imbricata). He since has recognized A.
imbricata as a distinct species in his 1993 treatment of California
Arctostaphylos (Wells 1993).
Arctostaphylos imbricata is a low spreading evergreen shrub of the
heath family (Ericaceae) that lacks a basal burl. Attaining a height of
20 cm (8 in), this highly branched shrub forms mats that are up to
about 6 meters (m) (6 yards (yd)) in diameter. The bright green oblong
to ovate leaves are hairless, except on the midrib, and densely
overlapping. Small white urn-shaped flowers appearing from February to
May are densely clustered at the end of branchlets. After fire, A.
imbricata regenerates from seed instead of resprouting from a basal
burl. A. imbricata can be distinguished from its congeners by its
prostrate habit and its shorter, densely arranged leaves and compact
flower clusters (Roof 1967).
Arctostaphylos imbricata is restricted to San Bruno Mountain in
northern San Mateo County. On San Bruno Mountain, five small
occurrences cover approximately 80 hectares (33 acres) (Paul Reeberg,
in litt., 1993). The most abundant population has 400 to 500 plants;
other populations have as few as 15 plants (Roman Gankin, San Mateo
County Planning Department, pers. comm., 1993). The plant grows in
rocky exposed areas such as open ridges within coastal scrub or
manzanita scrub at an elevation range of 275 to 365 m (900 to 1,200
ft). Where it occurs, it is the dominant plant species, and may be
associated with Baccharis pilularis (coyote brush), Vaccinium ovatum
(huckleberry), Rhamnus californica (coffeeberry), and Arctostaphylos
uva-ursi var. suborbiculata (bearberry). A. imbricata has never been
known from more than the five populations that occur today. Four of the
five populations occur on land owned by San Mateo County Parks and
Recreation; the fifth population is privately owned (Thomas Reid
Associates 1991). The proximity of this plant on San Bruno Mountain to
human population centers and intensive development activities renders
A. imbricata vulnerable to change in the frequency of fires (i.e., as a
result of a fire suppression policy), which are needed for the plants
to reproduce sexually. Its highly restricted distribution increases its
susceptibility to catastrophic events such as disease or pest outbreak,
severe drought, or other natural or human-caused disasters.
Previous Federal Action
Federal government actions on the two plants began on June 16,
1976, when the Service published a proposal in the Federal Register (41
FR 24523) to determine approximately 1,700 vascular plant species to be
endangered pursuant to section 4 of the Act. The list of 1,700 plant
taxa was assembled on the basis of comments and data received by the
Smithsonian Institution and the Service in response to House Document
No. 94-51 and the July 1, 1975, Federal Register publication.
Arctostaphylos imbricata was included in the June 16, 1976, Federal
Register document.
General comments received in relation to the 1976 proposal were
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). The Endangered Species Act Amendments of 1978 required that all
proposals over 2 years old be withdrawn. A 1-year grace period was
given to those proposals already more than 2 years old. In the December
10, 1979, Federal Register (44 FR 70796), the Service published a
notice of withdrawal of the June 16, 1976, proposal, along with four
other proposals that had expired.
The Service published an updated notice of review for plants on
December 15, 1980 (45 FR 82480). This notice included Arctostaphylos
imbricata and Lessingia germanorum (as Lessingia germanorum var.
germanorum) as category 1 candidates for Federal listing. Category 1
taxa are those for which the Service has on file substantial
information on biological vulnerability and threats to support
preparation of listing proposals. On November 28, 1983, the Service
published in the Federal Register a supplement to the Notice of Review
(48 FR 53640). This supplement changed L. germanorum var. germanorum
from a category 1 to a category 2 candidate. Category 2 taxa are those
for which data in the Service's possession indicate listing is possibly
appropriate, but for which substantial data on biological vulnerability
and threats are not currently known or on file to support proposed
rules.
The plant notice was revised again on September 27, 1985 (50 FR
39526). Arctostaphylos imbricata and Lessingia germanorum var.
germanorum were included as category 1 candidates. Both species
retained category 1 status in the most recent revision of the plant
notice published on February 21, 1990 (55 FR 6184).
Mr. Brian O'Neill, General Superintendent of the Golden Gate
National Recreation Area, petitioned the Service to emergency list
Lessingia germanorum as an endangered species on May 28, 1991.
Although the Service did not emergency list Lessingia germanorum,
it did publish a 90-day finding in the Federal Register on August 19,
1992 (57 FR 37513) that substantial information had been presented
indicating that listing may be warranted. Section 4(b)(3)(B) of the Act
requires the Secretary to make findings on petitions found to present
substantial information indicating that the petitioned action may be
warranted within 12 months of their receipt. The Service has conducted
a status review and determined that the petitioned action is warranted.
Publication of this proposed rule constitutes the final finding for the
petitioned action.
Summary of Factors Affecting the Species
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 set
forth the procedures for adding species to the Federal Lists of
threatened and endangered species. A species may be determined to be
endangered or threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Lessingia germanorum Cham. (San Francisco lessingia) and Arctostaphylos
imbricata Eastw. (San Bruno Mountain manzanita) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Threats facing the habitat of
these plants include being threatened, eliminated, or adversely
modified by one or more of the following: urbanization, change in fire
frequency, competition with invasive alien vegetation, sand quarrying,
off-road vehicles, bulldozing, foot traffic, and bicycle use.
The natural habitat of the San Francisco peninsula already has been
severely curtailed due to urbanization. Historically, suitable
Lessingia germanorum habitat has decreased by 90 percent since European
settlement (CDFG 1990). Urban development extirpated populations of L.
germanorum at Lone Mountain and Lake Merced (both in the City of San
Francisco) (CNDDB 1992). Historical populations of L. germanorum at
Mountain View Lake and Ocean View Downs also have been extirpated,
presumably due to urban development and competition with invasive alien
vegetation (CDFG 1989). On San Bruno Mountain, approximately 4 hectares
(10 acres) of potential habitat remains for L. germanorum (Paul
Reeberg, pers. comm., 1993). Although it is unlikely that any
additional significant populations will be located in this area, the
area may be important for reintroduction efforts. Most of the central
dune scrub on San Bruno Mountain has been covered by ``homes,
cemeteries, a flower farm, and the Colma Dump'' (McClintock et al.
1990).
Urban development potentially threatens the population of Lessingia
germanorum that occurs on San Bruno Mountain in San Mateo County
outside the boundary for the San Bruno Mountain HCP (Paul Reeberg,
pers. comm., 1993) (for a discussion of the HCP, see Factor D). A
project has been approved for the construction of seven additional
dwellings within a few hundred yards of the San Bruno population
(Annemarie Quevedo, pers. comm., 1993). Activities associated with this
development, such as trampling, would adversely affect this population.
Fragmentation of the coastal scrub dune community caused by past
urban development also threatens this species. Habitat fragmentation
has two primary effects. First, habitat fragmentation may alter the
physical environment, changing the amount of incoming solar radiation,
water, wind, or nutrients where the remnant vegetation occurs (Saunders
et al. 1991). Second, when populations are fragmented into smaller,
isolated units, risks of extinction due to chance events increases (see
Factor E).
The habitat of Lessingia germanorum has been altered by the
introduction of non-native vegetation. L. germanorum requires blowing
sand and non-compacted soils. Off-road vehicle use, foot and bicycle
traffic, and trampling by joggers compacts the soil and promotes the
establishment of invasive alien vegetation (CDFG 1989; Susan Smith,
pers. comm., 1992). All populations of L. germanorum are threatened by
competition with aggressive alien plant species. Carpobrotus sp. (ice
plant) covers extensive dune areas on the Presidio, stabilizing the
dune system where it occurs. L. germanorum in contrast, requires some
dune movement, which results in areas of exposed sand (CDFG 1989). Ice
plant competes with L. germanorum at all five occurrences on the
Presidio. In addition to ice plant, other alien plants competing with
L. germanorum, include Bromus diandrus, Avena barbata, Rumex sp.,
Raphanus sp., and Sonchus sp. (Susan Smith, pers. comm., 1992). On San
Bruno Mountain Cortaderia sp. (pampas grass) encroachment is a severe
threat. CDFG reported that ``without special protection and management,
San Francisco lessingia will continue its declining trend'' (CDFG
1992). Currently the populations of L. germanorum are being weeded by
volunteers from the California Native Plant Society (CNPS). Without
their assistance, L. germanorum would be outcompeted by the invasive
alien vegetation.
The habitat of Lessingia germanorum also has been modified at one
site by tree planting. Native and introduced shrubs and trees,
including Pinus radiata, were planted at the Presidio in the late
1800's. These trees alter the habitat of L. germanorum by increasing
the amount of shade (CDFG 1989; CNDDB 1992; Susan Smith, pers. comm.,
1992), which adversely affects L. germanorum.
Bulldozing and sand quarrying activities have adversely affected
Lessingia germanorum. Bulldozing to stabilize a slope on San Bruno
Mountain destroyed about one-eighth of the L. germanorum population
(Paul Reeberg, pers. comm., 1993; Thomas Reid Associates, in litt.,
1991). In January 1989, most of the habitat for one population of L.
germanorum on the Presidio was destroyed when sand was removed to
repair a tee on the base golf course (CDFG 1990). Sand quarrying is an
on-going threat at this site; any sand quarrying activities that may
occur in the future would negatively impact this species.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization currently is not known to be a
factor for Lessingia germanorum. Overutilization is potentially a
threat to Arctostaphylos imbricata, which is used horticulturally as an
ornamental plant. Two years ago, cuttings were made from plants located
at Kamchatka Point on San Bruno Mountain. The remnant portions of the
plants indicated that the clippings were performed with horticultural
expertise (Doug Heisinger, Park Ranger, San Mateo County Park, pers.
comm., 1993). Some A. imbricata being sold at local plant sales may
originate from clippings from the natural populations (Paul Reeberg,
pers. comm., 1993). Unrestricted collecting for scientific or
horticultural purposes or excessive visits by groups or individuals
interested in seeing rare plants could potentially result from
increased publicity following publication of a proposed rule to list
these species.
C. Disease or predation. There are no known disease or predation
threats to Lessingia germanorum or Arctostaphylos imbricata at this
time.
D. The inadequacy of existing regulatory mechanisms. The State of
California Fish and Game Commission has listed Arctostaphylos imbricata
and Lessingia germanorum as endangered species under the California
Endangered Species Act (Chapter 1.5 Sec. 2050 et seq. of the California
Fish and Game Code and Title 14 California Code of Regulations 670.2).
Listing by the State of California requires individuals to obtain a
memorandum of understanding with the CDFG to possess or ``take'' a
listed species. Though both the California Endangered Species Act and
the California Native Plant Protection Act prohibit the ``take'' of
State-listed plants (California Native Plant Protection Act, Chapter 10
Sec. 1908 and California Endangered Species Act, Chapter 1.5
Sec. 2080), State law exempts the taking of such plants via habitat
modification or land use changes by the owner. After CDFG notifies a
landowner that a State-listed plant grows on his or her property, State
law only requires that the land owner notify the agency ``at least 10
days in advance of changing the land use to allow salvage of such a
plant'' (Native Plant Protection Act, Chapter 10 Sec. 1913).
The California Environmental Quality Act (CEQA) requires a full
disclosure of the potential environmental impacts of proposed projects.
The public agency with primary authority or jurisdiction over the
project is designated as the lead agency, and is responsible for
conducting a review of the project and consulting with the other
agencies concerned with the resources affected by the project. Section
15065 of the CEQA Guidelines requires a finding of significance if a
project has the potential to ``reduce the number or restrict the range
of a rare or endangered plant or animal.'' Species that are eligible
for listing as rare, threatened, or endangered but are not so listed
are given the same protection as those species that are officially
listed with the State or Federal governments. Once significant effects
are identified, the lead agency has the option to require mitigation
for effects through changes in the project or to decide that overriding
considerations make mitigation infeasible. In the latter case, projects
may be approved that cause significant environmental damage, such as
destruction of endangered species. Protection of listed species through
CEQA is, therefore, dependant upon the discretion of the lead agency.
CEQA pertains to projects that occur on lands other than Federal
land. The National Environmental Policy Act (NEPA) requires disclosure
of the environmental effects of projects on Federal lands. Certain
actions can be categorically excluded from the NEPA process when (a)
the action or group of actions would have no significant effect on the
quality of the human environment, and (b) the actions or group of
actions would not involve unresolved conflicts concerning alternative
uses of available resources. Exceptions to the categorical exclusions
exist. One of these exceptions is when the action would affect a
species listed or proposed to be listed on the List of Endangered or
Threatened Species. Until a species is federally listed or proposed,
this exception to the categorical exclusion would not be applied
regardless of the State listing status.
A Memorandum of Understanding was established in 1987 between the
Service, the National Park Service, Department of Defense, and CDFG for
the purposes of mutual cooperation for management of sensitive native
plant communities on the Presidio. However, Lessingia germanorum is not
specifically addressed in the document (CDFG 1989). Sand quarrying and
other activities that were endangering it have not been prevented and
continue to threaten the species with extinction.
Arctostaphylos imbricata currently derives limited protection from
the San Bruno Mountain Habitat Conservation Plan (HCP). An HCP,
pursuant to sections 10(a)(1)(B) and 10(a)(2)(A) of the Act, is
required for the Service to issue a permit for incidental take of a
federally listed species of wildlife when such taking is incidental to,
and not the primary purpose of, an otherwise lawful activity. HCPs are
the mechanism through which incidental take of federally listed animals
can be permitted for non-Federal actions. Future actions that are part
of the permit are subject to review under section 7 of the Act.
The San Bruno Mountain HCP, developed in 1983 for three listed
animals, also identified several candidate species in the area of
concern, including Arctostaphylos imbricata. However, no species-
specific management actions for A. imbricata are identified in the HCP,
and none have been implemented. The protection to this plant afforded
by the HCP may, therefore, be inadequate to insure its long-term
survival.
E. Other natural or manmade factors affecting its continued
existence. As discussed in Factor A, off-road vehicle use, foot and
bicycle traffic, and trampling by joggers degrade the habitat of
Lessingia germanorum. These activities also directly destroy individual
plants. A bike path runs through the middle of one of the populations
of L. germanorum (CNDDB 1992). Hiking trails occur adjacent to three
populations (Terri Thomas, pers. comm., 1993).
All Presidio populations of Lessingia germanorum are subject to
occasional unauthorized vehicle use. This disturbance directly destroys
the plants and encourages establishment of invasive alien vegetation.
Weedy species tend to colonize the tracks left by the vehicles (Susan
Smith, pers. comm., 1992). An environmental education camp exists near
the location of one population of L. germanorum. No signs or fences
currently protect this site. These plants are vulnerable to habitat
degradation from trampling due to their proximity to the camp.
When the ownership of the Presidio is transferred from the
Department of the Army to the National Park Service, a marked increase
in visitation by the public is expected (Terri Thomas, pers. comm.,
1992, 1993). Increased foot traffic and other recreational activities
are likely to negatively impact Lessingia germanorum because the
populations are close to trails. In addition, the park is patrolled by
police on horseback. Horses can trample the plants directly and compact
the soil. The potential is high for populations of L. germanorum on the
Presidio to be adversely impacted by these activities.
Garbage dumping has degraded the habitat at one site on the
Presidio where Lessingia germanorum occurs (CNDDB 1992). Digging by
pets also adversely affects L. germanorum at all sites on the Presidio
by destroying individual plants (Laura Nelson, Golden Gate National
Recreation Area, pers. comm., 1993; Peter Lacivita, San Francisco Corps
of Engineers, pers comm., 1993).
On San Bruno Mountain, fertilizer run-off from a housing
development above the slope supporting the largest population of
Lessingia germanorum (Paul Reeberg, pers. comm., 1993) threatens this
site. The nitrogen in these fertilizers promotes invasion by weed
species that compete with L. germanorum.
Change in fire frequency threatens Arctostaphylos imbricata. Fire
suppression policies have altered natural processes occurring on San
Bruno Mountain. If a fire were to break out on San Bruno Mountain,
attempts would be made by the County to extinguish the fire (Doug
Heisinger, San Mateo County Park Department, pers. comm., 1993), to
protect the surrounding homes and commercial buildings. A. imbricata is
a fire-adapted plant that regenerates from seed rather than resprouting
from a basal burl. After a fire, seeds that have accumulated in the
soil (i.e. seed bank) sprout, which reestablishes the population.
Between fires A. imbricata spreads vegetatively. Reproduction by seed
is important to maintain the genetic diversity within the species. No
significant seedling establishment occurs until fire eliminates
competing vegetation, as with a recent fire at Kamchatka Point that
killed the mature plants yet subsequently induced regeneration from
seed (Roman Gankin, pers. comm., 1993). Fire replenishes soil nutrients
and facilitates seed germination and seedling reestablishment by
eliminating competition and shading. If the time between fires is too
long, A. imbricata has little opportunity to reproduce sexually and
individuals may become senescent. Conversely, fire occurring too
frequently also poses a threat. If consecutive fires occurred within a
short period (5 years), a non-sprouting species could be eliminated
(Paul Zedler, San Diego State University, pers. comm., 1993; Michael
Vasey, San Francisco State University, pers. comm., 1993). The plants
either would not reach flowering age or not retain enough seed in the
soil during the interval between fires to ensure the persistence of the
species.
As discussed in Factor A, habitat fragmentation may adversely alter
the physical environment. In addition, habitat fragmentation increases
the risks of extinction by leaving the species vulnerable to chance
events such as pest or disease outbreaks, reproductive failure (which
can be devastating to annual plants), or other natural or human-caused
disasters. The small isolated nature of the remaining populations and
restricted distribution of both Lessingia germanorum and Arctostaphylos
imbricata make extinction due to stochastic events more likely. A local
catastrophe, such as a flood, disease outbreak, extended drought,
landslide, or combination of several such events, could destroy part of
a single population or entire populations. A local catastrophe also
could decrease a population to so few individuals that the risk of
extirpation due to genetic problems associated with small populations
would increase.
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. Lessingia germanorum has been reduced to five small populations
on the Presidio in San Francisco County and one site on San Bruno
Mountain in San Mateo County; collectively, the populations inhabit
less than 0.8 hectares (2 acres). This taxon has been adversely
affected and is endangered by competition with invasive alien
vegetation, sand quarrying, increased traffic and recreational
activities, inadequate regulatory mechanisms, shading by alien and
native vegetation, incidental use of fertilizers, bulldozing,
residential and commercial development, other anthropogenic activities,
and stochastic events. Lessingia germanorum is in danger of extinction
throughout all or a significant part of its range, and the preferred
action is, therefore, to list it as endangered. Arctostaphylos
imbricata has always been rare, and is restricted to five small
populations on San Bruno Mountain in San Mateo County. This species is
vulnerable to alterations of the natural fire regime and stochastic
events. Because the threats facing Arctostaphylos imbricata are long-
term rather than imminent, the species is not now in immediate danger
of extinction throughout all or a significant portion of its range.
However, with continued alteration of the natural fire cycle, the plant
is likely to become endangered within the foreseeable future. As a
result, the preferred action is to list A. imbricata as threatened.
Critical Habitat
Critical habitat, as defined by section 3 of the Act and 50 CFR
424.02 (d) is: (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. Designations of critical habitat must
be based on the best scientific data available and must take into
consideration the economic and other relevant impacts of specifying any
particular area as critical habitat at the time the species is listed
as endangered or threatened.
Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat
concurrently with determining a species to be endangered or threatened.
The Service finds that designation of critical habitat is not prudent
for Arctostaphylos imbricata and Lessingia germanorum, at this time.
Because A. imbricata and L. germanorum face the threat of collection,
the publication of precise maps and descriptions of critical habitat in
the Federal Register would make these plants more vulnerable to
incidents of collection and, therefore, could contribute to the decline
of this species and increase enforcement problems. The listing of A.
imbricata and L. germanorum also publicizes their rarity and, thus, can
make these plants attractive to researchers, curiosity seekers, or
collectors of rare plants. A. imbricata occurs at very few locations
entirely on San Bruno Mountain. Any activity that would adversely
modify critical habitat would likely jeopardize the continued existence
of the species as well. The designation of critical habitat therefore
would not provide additional benefit for this species beyond the
protection afforded by listing. Designation of critical habitat
therefore would not be prudent for A. imbricata or L. germanorum.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the State and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed plants are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR Part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Five populations of Lessingia germanorum occur on Federal land
managed by the Department of Defense. Arctostaphylos imbricata occurs
within the San Bruno Mountain Habitat Conservation Plan area.
Listing these two plants would provide for development of a
recovery plan(s) for them. Such plan(s) would bring together both State
and Federal efforts for conservation of the plants. The plan(s) would
establish a framework for agencies to coordinate activities and
cooperate with each other in conservation efforts.
The plans would set recovery priorities and estimate costs of
various tasks necessary to accomplish them. They also would describe
site-specific management actions necessary to achieve conservation and
survival of the two plants. Additionally, pursuant to section 6 of the
Act, the Service would be able to grant funds to affected States for
management actions promoting the protection and recovery of these
species.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 for endangered plants and 50 CFR 17.71 and 17.72 for
threatened plants set forth a series of general prohibitions and
exceptions. With respect to Lessingia germanorum, proposed to be listed
as endangered, all trade prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61, would apply. These prohibitions, in part,
make it illegal with respect to any endangered plant for any person
subject to the jurisdiction of the United States to import or export;
transport in interstate or foreign commerce in the course of a
commercial activity; sell or offer for sale this species in interstate
or foreign commerce; remove and reduce to possession the species from
areas under Federal jurisdiction; maliciously damage or destroy any
such species on any area under Federal jurisdiction; or remove, cut,
dig up, damage, or destroy any such endangered plant species on any
other area in knowing violation of any State law or regulation or in
the course of any violation of a State criminal trespass law.
Arctostaphylos imbricata, proposed to be listed as threatened,
would be subject to similar prohibitions (16 U.S.C. 1538(a)(2)(E); 50
CFR 17.61, 17.71). Seeds from cultivated specimens of threatened plant
taxa are exempt from these prohibitions provided that a statement ``of
cultivated origin'' appears on the shipping containers. Certain
exceptions apply to agents of the Service and State conservation
agencies. The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for
the issuance of permits to carry out otherwise prohibited activities
involving endangered and threatened plant species under certain
circumstances. The Service anticipates few trade permits would ever be
sought or issued for the two species because the plants are not common
in cultivation or in the wild. Requests for copies of the regulations
on listed plants and inquiries regarding them may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Permits Branch,
911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (503/231-6241)
(FAX:503/231-6243).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Lessingia germanorum and Arctostaphylos
imbricata;
(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 Lessingia germanorum and Arctostaphylos imbricata;
(4) current or planned activities in the subject area and their
possible impacts on Lessingia germanorum and Arctostaphylos imbricata,
or their possible impacts on a proposal to designate critical habitat
for L. germanorum;
(5) specific information on the amount and distribution of suitable
occupied or unoccupied habitat in the area of Lessingia germanorum,
including updated information and maps on land ownership and land
designation;
(6) specific information on the biological value of areas that
could be proposed as critical habitat, to other listed, proposed, or
candidate species, and the relation of a proposal to designate critical
habitat to maintaining biodiversity and ecosystem integrity;
(7) any foreseeable economic and other impacts resulting from a
proposed designation of critical habitat for Lessingia germanorum;
(8) specific examples of acts of taking or vandalism that have
destroyed or damaged individuals or populations of Lessingia germanorum
or Arctostaphylos imbricata; and
(9) the methodology the Service might use, under section 4(b)(2) of
the Act, in determining if the benefits of excluding an area from
critical habitat outweigh the benefits of specifying the area as
critical habitat;
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Act provides for a public hearing on this proposal, if
requested. Requests must be received within 45 days of the date of
publication of the proposal. Such requests must be made in writing and
addressed to the Field Supervisor of the Sacramento Field Office (see
ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Act. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Bean, M.J, Fitzgerald, S.G. and M.A. O'Connell. 1991. Reconciling
conflicts under the Endangered Species Act: The habitat conservation
planning experience. World Wildlife Fund.
California Department of Fish and Game. 1988. California native
plant status report for Arctostaphylos imbricata. Unpublished report
4 pp.
California Department of Fish and Game. 1989. Report to the Fish and
Game Commission on the status of San Francisco Lessingia (Lessingia
germanorum). California Department of Fish and Game, Natural
Heritage Division Status Report 89-15, unpublished report 15 pp.
California Department of Fish and Game. 1990. California Native
Plant Status Report for Lessingia germanorum var. germanorum.
Unpublished report 4 pp.
California Department of Fish and Game. 1992. 1991 annual report on
the status of California State listed threatened and endangered
animals and plants. 193 pp.
California Natural Diversity Database. 1992. Rarefind: A database
application for the California Dept. of Fish and Game Natural
Heritage Division data.
Eastwood, A. 1931. New species of plants from western North America.
Proc. Calif. Acad. Sci. Ser. 4, 20:149-150.
Ferris, R. 1959. Taxonomic notes on western plants. Contr. Dud.
Herb. 5:99-108.
Howell, J.T. 1929. A systematic study of the genus Lessingia Cham.
Univ. of Calif. Pub. in Botany 16:1-44.
Jepson, W. 1939. A Flora of California, Vol. III. Assoc. Students
Store, University of California, Berkeley.
Lane, M. 1993. Lessingia. In: The Jepson Manual Higher Plants of
California. James C. Hickman, Editor. pp 304-307. University of
California Press, Berkeley.
McClintock, E., W. Knight and N. Fahy. 1968. A flora of the San
Bruno Mountains, San Mateo County, California. Proc. Calif. Acad.
Sci. Ser. 4, 32:626
McClintock, E., P. Reeberg and W. Knight. 1990. A flora of the San
Bruno Mountains. California Native Plant Society special publication
8. Sacramento, CA.
McMinn, H. E. 1935. Manual of Flowering Shrubs of California.
University of California Press, Berkeley, California.
Munz, P. A. 1959. A California Flora. University of California
Press, Berkeley.
Munz, P. and D. Keck. 1968. A California Flora and Supplement.
University of California Press, Berkeley.
Orsak, L. and D.E. Schooley. 1984. San Bruno Mountain. The San
Francisco Peninsula's priceless refuge for rare and endangered
species. Pacific Discovery 37:4-9.
Roof, J.B. 1967. Arctostaphylos montariensis, a new species of
manzanita from San Mateo County, California. Four Seasons 2(3):6-16.
Saunders, D.A., R.J. Hobbs, and C.R. Margules. 1991. Biological
consequences of ecosystem fragmentation: A review. Conservation
Biology 5:18-32.
Thomas Reid Associates. 1991. Rare plants on San Bruno Mountain 1991
update, unpublished.
Wells, P.V. 1988. New combinations in Arctostaphylos (Ericaceae):
Annotated list of changes in status. Madrono 35:330-341.
Wells, P.V. 1993. Arctostaphylos. In: The Jepson Manual Higher
Plants of California. James C. Hickman, Editor. University of
California Press. Berkeley, CA. pp 545-559.
Author
The primary author of this proposed rule is Kirsten Tarp (see
ADDRESSES section); telephone 916/978-4866.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, 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 the families indicated, to the List of
Endangered and Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Species
---------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Asteraceae--Aster
family:
* * * * * * *
Lessingia San Francisco U.S.A. (CA)....... E ........... NA NA
germanorum lessingia.
(=Lessingia
germanorum
var.
germanorum).
* * * * * * *
Ericaceae--Heath
family:
* * * * * * *
Arctostaphylos San Bruno Mountain U.S.A. (CA)....... T ........... NA NA
imbricata manzanita
(=Arctostaphyl
os imbricata
ssp.
imbricata).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: September 23, 1994.
Mollie M. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-24492 Filed 9-30-94; 8:45 am]
BILLING CODE 4310-55-P
