[Federal Register Volume 61, Number 195 (Monday, October 7, 1996)]
[Rules and Regulations]
[Pages 52370-52384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25462]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC01
Endangered and Threatened Wildlife and Plants; Determination of
Endangered or Threatened Status for Four Southern Maritime Chaparral
Plant Taxa from Coastal Southern California and Northwestern Baja
California, Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for two plants--Arctostaphylos glandulosa ssp.
crassifolia (Del Mar manzanita) and Chorizanthe orcuttiana (Orcutt's
spineflower) throughout their historic range in southwestern California
and northwestern Baja California, Mexico; and threatened status for two
plants--Verbesina dissita (big-leaved crown-beard) and Baccharis
vanessae (Encinitas baccharis) throughout their historic range in
southwestern California and northwestern Baja California, Mexico. These
four taxa are threatened by one or more of the following--trampling by
farm workers or recreational activities; fuel modification; competition
from non-native plant species; and habitat destruction due to
residential, agricultural, commercial, and recreational development.
Several of these plant taxa are also threatened by a risk of extinction
from naturally occurring events due to their small population size and
limited distribution. This rule implements the Federal protection and
recovery provisions afforded by the Act for these four plants.
EFFECTIVE DATE: November 6, 1996.
ADDRESSES: The complete file for this rule is available for public
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: Fred Roberts, Botanist (see ADDRESSES
section) (telephone: 619/431-9440).
SUPPLEMENTARY INFORMATION:
Background
Southern maritime chaparral is a low, fairly open chaparral
typically dominated by Ceanothus verrucosus (wart-stemmed ceanothus),
Xylococcus bicolor (mission manzanita), Adenostoma fasciculatum var.
obtusifolium (chamise), Quercus dumosa (Nuttall's scrub oak),
Cneoridium dumosum (bush rue), Rhamnus crocea (red berry), Yucca
schidigera (Mojave yucca), and occasionally Dendromecon rigida (bush
poppy)(Holland 1986; Todd Kehler-Wolf, Plant Ecologist, California
Department of Fish and Game (CDFG), pers. comm., 1993; Dan Kelly and
Patricia Gordon-Reedy, biologists, OGDEN, pers. comm., 1993). Southern
maritime chaparral is a plant association that occurs only in coastal
southern California along the immediate coast of San Diego and Orange
counties and northwestern Baja California, Mexico. The distribution of
southern maritime chaparral in Orange County is disjunct, and the
species composition is slightly different from that found in San Diego
County and Mexico (Gray and Bramlet 1992).
Southern maritime chaparral is considered to be a unique and
[[Page 52371]]
threatened plant community. It has been estimated that about 120
hectares (ha) (300 acres (ac)) of southern maritime chaparral occurred
historically in Orange County (U.S. Fish and Wildlife Service (USFWS),
unpublished data), while about 8,400 ha (21,000 ac) of southern
maritime chaparral occurred historically in San Diego County (Oberbauer
and Vanderwier 1991). Currently, there are an estimated 60 ha (150 ac)
of southern maritime chaparral in Orange County (Todd Kehler-Wolf,
pers. comm., 1993) and between 600 and 1,480 ha (1,500 and 3,700 ac) in
San Diego County (Oberbauer and Vanderwier 1991; OGDEN 1993; Dave
Hogan, Southwest Center for Biological Diversity, in litt., 1993). This
represents an 82 to 93 percent decline in habitat in southern
California, largely due to agricultural conversion and urbanization.
Much of the remaining 10 to 20 percent of the United States portion of
southern maritime chaparral is located on Carmel Mountain, Torrey Pines
State Park, and in the cities of Carlsbad and Encinitas in San Diego
County. The distribution of southern maritime chaparral and related
associations has also declined significantly in Baja California,
Mexico, for many of the same reasons.
One of the four plant taxa to be listed by this final rule,
Chorizanthe orcuttiana, is primarily restricted to weathered sandstone
bluffs in association with or in microhabitats within southern maritime
chaparral. This species is endemic to south-central and southern
coastal San Diego County, California. A second taxon, Arctostaphylos
glandulosa ssp. crassifolia, is also primarily associated with southern
maritime chaparral in San Diego County, California. It also occurs in
disjunct populations in northwestern Baja California, Mexico, at least
as far south as Mesa el Descanseo, 40 kilometers (km) (25 miles (mi))
north of Ensenada.
The remaining two taxa, Verbesina dissita and Baccharis vanessae,
are frequently associated with southern maritime chaparral but also
extend into other plant communities. Verbesina dissita is restricted to
rugged coastal canyons in association with San Onofre breccia-derived
soils in the southern maritime chaparral of southern Orange County,
California. This taxon also occurs in limited numbers in Venturan-
Diegan transitional coastal sage scrub (Gray and Bramlet 1992), Diegan
coastal sage scrub, and southern mixed chaparral (Holland 1986).
Verbesina dissita occurs disjunctly in similar vegetation associations
from Punta Descanso south to San Telmo in northwestern Baja California,
Mexico. Baccharis vanessae occurs in southern maritime chaparral in the
vicinity of Encinitas, central San Diego County, California, and
extends inland to Mount Woodson and Poway where it is associated with
dense southern mixed chaparral. One population of this plant occurs in
the Santa Margarita Mountains of northern San Diego County. Two of the
four taxa are found below 250 meters (m) (820 feet (ft)) in elevation
in the United States. Arctostaphylos glandulosa ssp. crassifolia
reaches 730 m (2,400 ft) elevation in Mexico. Baccharis vanessae is
known to occur at 880 m (2,890 ft) in elevation on Mount Woodson.
While three of the four plant taxa are largely restricted to the
United States, 85 percent of the known populations of Verbesina dissita
are known from northwestern Baja California, Mexico. Although the
status of this species and its habitat in Mexico is not well
documented, over 20 percent of the populations occuring in Mexico have
been extirpated. Agricultural conversion, resort and residential
development, and wide fuel breaks and slash and burn practices have
already affected and continue to contribute to the decline of Verbesina
dissita in Mexico (CDFG 1990, Oberbauer 1992).
The natural plant communities of coastal Orange and San Diego
Counties have undergone significant changes resulting from both human-
caused activities and natural events. The rapid urbanization of
southern Orange County and south-central San Diego County has already
eliminated a significant portion of the southern maritime chaparral and
the four plant taxa considered herein. Fire also plays an important
role in determining southern California plant community distribution
and composition. The advent of widespread urbanization and the
disruption in natural fire cycles potentially threatens the remaining
southern maritime chaparral. Populations of these four taxa have been
subjected to a considerable degree of fragmentation.
Discussion of the Four Taxa
Arctostaphylos glandulosa ssp. crassifolia (Del Mar manzanita), a
member of the heath family (Ericaceae), is one of six recognized
subspecies occurring in California and northwest Baja California,
Mexico (Wells 1987, 1993). The subspecies is an erect shrub, generally
1 to 1.2 m (3.3 to 4 ft) tall, but occasionally higher when
introgressed (influenced by other subspecies).
This taxon is distinguished from other subspecies of Arctostaphylos
glandulosa by its shorter stature (other subspecies are up to 2.5 m
(8.2 ft) tall), and by its dark gray-green leaves that are glabrate
above and tomentulose beneath. The branchlets and leaf-like bracts are
non-glandular and tomentulose with scattered long hairs or bristles
(Wells 1993). Generally, A. glandulosa (Eastwood manzanita) is a
relatively open, smooth, dark red-barked shrub characterized by a basal
burl and scarcely leaf-like bracts that are shorter than the hairy
flower-stalks. Four of six subspecies of A. glandulosa lack non-
glandular, tomentulose hairs and scattered white bristles on the
branchlets, bracts and leaves. Of the remaining two taxa, A. g. ssp.
mollis of the western Transverse Ranges has more uniformly distributed,
long, white bristles and bright green, smooth and shiny leaves, while
A. g. ssp. glaucomollis of the San Gabriel and San Bernardino Mountains
lacks leaf-like bracts (Wells 1993).
Arctostaphylos glandulosa ssp. crassifolia was first described by
Willis Jepson (1922) based on a specimen he collected in Del Mar,
California. In 1925, Jepson placed Del Mar manzanita under the name
Arctostaphylos tomentosa var. crassifolia (Knight 1981). This name was
used by Howard McMinn (1939), who stated that Del Mar manzanita ``seems
very closely related to A. glandulosa var. cushingiana but the more
truncate leaf-bases, the usually more tomentulose lower leaf-surfaces,
and distribution seem sufficient to maintain it as a variety of A.
tomentosa.'' J.E. Adams, in his 1940 treatment of the genus
Arctostaphylos, transferred var. crassifolia to A. glandulosa as in
Jepson's original treatment (Knight 1981).
Philip Wells (1968) stated that ``other morphological variants of
the A. glandulosa complex have largely allopatric (do not overlap)
geographic distributions and are recognized as subspecies.''
Accordingly, Wells applied the name A. glandulosa ssp. crassifolia to
the Del Mar manzanita. Subsequent taxonomic review (Munz 1959, 1974)
upheld this treatment. Walter Knight (1981) reviewed the morphology and
summarized the taxonomic history of A. g. ssp. crassifolia. While the
majority of Knight's discussion in that article supported the validity
of A. g. ssp. crassifolia, Knight concluded that this taxon should not
be recognized. He stated that A. g. ssp. crassifolia was a product of
hybridization between A. glandulosa and other manzanita species in the
area. However, Knight's conclusions were not widely accepted by
botanists in San Diego County (Beauchamp 1986; Thomas Oberbauer,
Planner, County of San Diego, pers.
[[Page 52372]]
comms., 1993, 1994). Knight did not offer support, nor discuss
potential parentage for considering A. g. ssp. crassifolia as a hybrid
entity. Arctostaphylos glandulosa ssp. crassifolia is allopatric with
other manzanita taxa, except in Mexico, where the range is partly
sympatric (overlapping) with A. g. ssp. zacaensis (Wells 1987).
Additionally, the morphological characters of A. g. ssp. crassifolia do
not appear to be intermediate with any other species within the
vicinity of its range (McMinn 1939, Munz 1974, Wells 1993, Roberts
1994).
Both Knight and Wells were asked to examine populations of
manzanita along coastal San Diego County in March 1986. From these
field observations, Knight revised his position and agreed with the
classical treatment, concluding that Arctostaphylos glandulosa ssp.
crassifolia was distinct (T. Oberbauer, pers. comms., 1993, 1994; Jim
Bartel, USFWS, pers. comm., 1994). Wells reaffirmed the distinctness of
A. g. ssp. crassifolia, stating ``(A. g.) ssp. crassifolia is one of
the more consistent and well-defined taxa within the variable A.
glandulosa complex, and (A. g. ssp.) crassifolia has a discrete
distribution, allopatric from other taxa'' (Wells 1987, Sweetwater
Environmental Biologists (SEB) 1993b).
Arctostaphylos glandulosa ssp. crassifolia is restricted to
sandstone terraces and bluffs from Carlsbad south to Torrey Pines State
Park, extending inland to Rancho Santa Fe and Del Mar Mesa in San Diego
County, California. An additional population has been reported just
south of the San Dieguito River southwest of Lake Hodges. This species
has been reported from five localities in northwestern Baja California,
Mexico, from just east of Tijuana along the United States border, to
Cerro el Coronel and Mesa Descanseo 40 km (25 mi) south of the United
States border. These populations may no longer be extant due to
considerable urban and agricultural development in the Tijuana vicinity
(Roberts 1992). The most recent collection in the San Diego Museum of
Natural History was made by Reid Moran in 1982.
About 1982, approximately 16,600 to 17,600 individuals of
Arctostaphylos glandulosa ssp. crassifolia were known to be distributed
over about 26 population centers (Roberts 1992, SEB 1993b, OGDEN
1995a). A significant number of these populations have been severely
impacted since then. For example, in 1987, one population of nearly 500
individuals near San Dieguito Creek and the surrounding southern
maritime chaparral habitat was cleared and converted to agriculture.
Cultivation at this site was active for one season and has not been
continued (T. Oberbauer, pers. comm., 1992). Currently, about 9,400 to
10,300 individuals, scattered roughly throughout the historic
distribution of the species in San Diego County, are known to be extant
(Roberts 1993, SEB 1993b, OGDEN 1995a). About 75 percent of all
remaining individuals are located within six concentrations. The
majority of the 26 populations are found on private land, four occur in
State, county or local parks, and none are known from Federal lands.
The number of individuals in Baja California, Mexico, is not known but
is likely to be smaller than in the United States, based on the limited
availability of habitat.
Four populations of Arctostaphylos glandulosa totaling
approximately 3,000 individuals in the vicinity of Miramar Reservoir
have been attributed to A. g. ssp. crassifolia, but Wells (pers. comm.,
1992) maintains that these plants are intermediate with other
subspecies of A. glandulosa and can not be definitely placed. Later
inclusion of these populations in A. g. ssp. crassifolia would not
significantly alter the findings of this rule. Nearly 50 percent of the
individuals known from the vicinity of Miramar Reservoir in 1982 were
eliminated by the Scripps Ranch development between 1989 and 1992.
Baccharis vanessae (Encinitas baccharis), a member of the sunflower
family (Asteraceae), is a dioecious broom-like shrub, 0.5 to 1.3 m (1.6
to 4.3 ft) tall. It was discovered by Mitchel Beauchamp in October 1976
in southern maritime chaparral on Eocene sandstones along the north
side of Encinitas Boulevard in Encinitas. The species was later
described by Beauchamp (1980). Baccharis vanessae is distinguished from
other members of the genus by its filiform leaves and delicate
phyllaries which are reflexed at maturity (Beauchamp 1980, Munz 1974).
As currently understood, the historical distribution of this
species included 19 natural populations scattered from Encinitas east
through the Del Dios highlands and Lake Hodges area to Mount Woodson
and south to Poway and Carmel Mountain in San Diego County, California.
Fourteen of these populations are still extant and contain
approximately 2,000 individuals in total (CDFG 1992). Four of these
populations, however, contain fewer than six individuals each. An
additional disjunct individual was discovered on the western slopes of
Carmel Mountain in 1993 (D. Hogan, in litt., 1993). This location
harbors the southernmost known population. A single transplanted
population of 34 individuals was established in San Dieguito Park, but
this population has not persisted (Hall 1987). The majority of the
remaining populations are on private lands.
Chorizanthe orcuttiana (Orcutt's spineflower) was first described
by Charles Parry in 1884 based on a specimen collected by Charles
Orcutt at Point Loma, San Diego County, in the same year (Parry 1884).
Chorizanthe orcuttiana is a low, yellow-flowered annual of the
buckwheat family (Polygonaceae) restricted to sandy soils. It is
distinguished from other members of the genus by its prostrate form,
campanulate three-toothed involucre and involucral awns that are hooked
near the tip (Reveal 1989).
Historically, Chorizanthe orcuttiana is known from 10 separate
localities in San Diego County from Point Loma near San Diego
(including the U.S. Naval Reservation), Del Mar, Kearney Mesa and
Encinitas (CDFG 1992). Only two populations have been seen in recent
years. Allen reported 50 to 100 individuals at Torrey Pines State Park
in 1987 (CDFG 1992). However, this population has not been relocated in
the last several years, possibly due to changing plant species
composition and density as result of a 1984 burn. The species was
thought to be extinct until a new population was discovered in 1991 at
Oak Crest Park in Encinitas (D. Hogan, in litt., 1991). This population
numbered fewer than 40 individuals in 1993 and fewer than 10
individuals in 1994, and it is distributed over a relatively small area
(about 4 square m (43 square ft)) (unpublished USFWS data). The number
of individuals varies widely from year to year because the success of
germination is highly dependent on factors such as rainfall, which
often differ significantly from one year to the next in southern
California.
Verbesina dissita (big-leaved crown-beard) was first described by
Asa Gray (1885) based on a collection made by Charles Orcutt at
Ensenada, Baja California, Mexico, in September 1884. The taxon
apparently was first collected in the United States at Arch Beach in
South Laguna, Orange County, in 1903 by Mrs. M.F. Bradshaw (Hall 1907).
Verbesina dissita, a member of the sunflower family (Asteraceae),
is a low, semi-woody perennial shrub with bright yellow flowers. This
species grows from 0.5 to 1.0 m (1.6 to 3.3 ft) tall and has
distinctive scabrid leaves. Verbesina dissita is distinguished from
other members of the genus in California and Baja California, Mexico,
by its naked
[[Page 52373]]
achenes and broad involucre (Munz 1974).
Verbesina dissita is found on rugged hillsides in dense maritime
chaparral from Laguna Beach in Orange County south to the San Telmo
area east of Cabo Colonet in Baja California, Mexico. In California it
is known from two population centers less than 3.2 km (2 mi) apart.
Because of the low growth habit and preference for understory
locations, the population size of this taxon is difficult to estimate.
The United States populations have been estimated to contain several
thousand plants (CDFG 1992, Marsh 1992). Historically, this taxon has
been recorded from 23 separate locations in Mexico. Of the Mexican
localities, over 20 percent, all north of Punta Santo Tomas, have been
eliminated. Nearly all known populations are on private land.
Previous Federal Action
Action by the Federal government on two of the four plant taxa
contained herein began pursuant to section 12 of the Endangered Species
Act of 1973 (Act), as amended (16 U.S.C. 153 et seq.). Section 12
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, was
presented to Congress on January 9, 1975, and included Arctostaphylos
glandulosa ssp. crassifolia and Chorizanthe orcuttiana as endangered.
The Service published a notice in the July 1, 1975, Federal Register
(40 FR 27823) of its acceptance of the report of the Smithsonian
Institution as a petition within the context of section 4(c)(2)
(petition provisions are now found in section 4(b)(3) of the Act) and
its intention thereby to review the status of the plant taxa named
therein. On June 16, 1976, the Service published a proposal in the
Federal Register (42 FR 24523) to determine approximately 1,700
vascular plants to be endangered species pursuant to section 4 of the
Act. Chorizanthe orcuttiana and Arctostaphylos glandulosa ssp.
crassifolia were included in the June 16, 1976, Federal Register
notice.
General comments received in response to the 1976 proposal were
summarized in an April 26, 1978, Federal Register notice (43 FR 17909).
The Endangered Species Act Amendments of 1978 required that all
proposals already over two years old be withdrawn. A 1-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 of the portion of the June 8, 1976,
proposal that had not been made final, along with four other proposals
that had expired.
The Service published an updated notice of review of plants on
December 15, 1980 (45 FR 82480). This notice included Baccharis
vanessae and Chorizanthe orcuttiana as category 1 taxa. Category 1 taxa
are those taxa for which substantial information on biological
vulnerability and threats are available 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 53840), in
which B. vanessae and C. orcuttiana were reclassified from category 1
to category 2. Category 2 candidates were taxa for which data in the
Service's possession indicated listing was possibly appropriate but for
which substantial information on biological vulnerability and threats
was not known or on file to support the preparation of proposed rules.
The designation of category 2 species was not included in the latest
notice of review (February 28, 1996; 61 FR 7596). Arctostaphylos
glandulosa ssp. crassifolia was not included in either the 1980 review
list or the 1983 supplement.
The plant notice was again revised on September 27, 1985 (50 FR
39526), and Arctostaphylos glandulosa ssp. crassifolia was listed as a
category 3B taxon. Category 3B taxa were those taxa that, based upon
current taxonomic understanding, did not represent distinct taxa under
the Act's definition of species (the designation of category 3B has
also been discontinued). This change reflected the questionable
validity of the taxon as presented by Knight (1981). The taxonomy of
Arctostaphylos glandulosa ssp. crassifolia was subsequently
reevaluated, and the plant was included as a category 2 taxon in the
February 21, 1990, Plant Notice of Review (55 FR 6184), based on the
work of Wells (1987). In this same notice, Baccharis vanessae and
Chorizanthe orcuttiana were reevaluated and included as category 1
species based on information contained in status reports prepared in
conjunction with State listing as endangered. The 1990 review included
C. orcuttiana as a category 1* candidate, indicating that this species
was possibly extinct. Based on additional information on threats and
vulnerability, the Service elevated A. g. ssp. crassifolia and C.
orcuttiana to category 1 and added Verbesina dissita as a category 1
candidate in the September 30, 1993, Notice of Review (58 FR 51144).
Section 4(b)(3)(B) of the Act requires the Secretary to make
certain findings on pending petitions within 12 months of their
receipt. Section 2(b)(1) of the 1982 amendments further requires that
all petitions pending on October 13, 1982, be treated as having been
newly submitted on that date. This was the case for Arctostaphylos
glandulosa ssp. crassifolia and Chorizanthe orcuttiana 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 actions 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 finding was reviewed in October
of 1984, 1985, 1987, 1988, 1989, 1990, 1991, and 1992. Publication of
the proposed rule constituted the warranted finding for these taxa.
On December 14, 1990, the Service received a petition dated
December 5, 1990, from Mr. David Hogan of the San Diego Biodiversity
Project, to list Baccharis vanessae as an endangered species. The
petition also requested the designation of critical habitat. The
Service evaluated the petitioner's requested action and published a 90-
day finding on August 30, 1991 (56 FR 42968), stating that substantial
information had been presented that the requested actions concerning
Baccharis vanessae may be warranted.
A proposed rule to list Arctostaphylos glandulosa ssp. crassifolia,
Baccharis vanessae, and Chorizanthe orcuttiana as endangered and
Verbesina dissita as threatened was published in the Federal Register
on October 1, 1993 (58 FR 51302). That proposed rule also included
Dudleya blochmaniae ssp. brevifolia (short-leaved dudleya) to be listed
as endangered and Corethrogyne filaginifolia var. linifolia (Del Mar
sand-aster) to be listed as a threatened taxon. The proposals to list
those two taxa are withdrawn and addressed in a document published
concurrently in the proposed rule section of this issue of the Federal
Register.
The processing of this final rule follows the Service's listing
priority guidance published in the Federal Register on May 16, 1996 (61
FR 24722). 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 imposed on April
10, 1995 (Public Law
[[Page 52374]]
104-6), and 2) the restoration of significant funding for listing
through passage of the omnibus budget reconciliation law 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 four taxa in this rule face high
magnitude threats.
Summary of Comments and Recommendations
In the October 1, 1993, proposed rule (58 FR 51302) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. A 90-day comment period closed on January 1, 1994.
Appropriate State agencies, county governments, Federal agencies, and
other interested parties were contacted and requested to comment. A
letter of notification and a copy of the proposed rule were also sent
to the government of Mexico. Public notices announcing the publication
of the proposed rule were published in the Press-Enterprise in
Riverside County on October 12, 1993, and the San Diego Union Tribune
in San Diego County and the Orange County Register on October 13, 1993.
No request for a public hearing was received.
A total of seven written comments were received. Two commenters
supported the listing of these taxa. Two commenters neither supported
nor opposed the proposed listing. Three commenters opposed the proposed
listing. Information from a number of these comments has been
incorporated into the final rule. Eleven relevant issues were raised in
these comments and the Service's response to each is as follows:
Issue 1: One commenter stated that the estimate for remaining
southern maritime chaparral was too high and suggested that the
definition of southern maritime chaparral adopted by the Service, based
on Holland (1986), required modification.
Service Response: A range of estimates for remaining southern
maritime chaparral has been incorporated into the final rule. While the
exact amount of remaining southern maritime chaparral is not agreed
upon, the Service considers this plant association to be sensitive and
rare. The Service has coordinated with the CDFG, knowledgeable
biologists, and other parties in determining an appropriate definition
for southern maritime chaparral (Jim Dice, CDFG, T. Keeler-Wolf, D.
Kelly and P. Gordon-Reedy, pers. comms., 1993).
Issue 2: One commenter argued that Arctostaphylos glandulosa ssp.
crassifolia does not warrant protection under the Act because the
Service has failed to demonstrate that it is a distinct taxon. The
commenter claimed that there was no consensus within the scientific
community regarding this taxon. The commenter stated that the Service
did not clearly demonstrate that Knight's treatment (Knight 1981)
should be rejected over Wells (1987, 1993). The commenter questioned
the use of morphological variation in determining subspecific
classification. Additionally, the commenter claimed that it is unclear
whether the Scripps Ranch population of Arctostaphylos glandulosa is
representative of this taxon.
Service Response: A discussion regarding the taxonomic history of
this taxon is included under the ``Discussion of the Four Taxa''
section of this rule. The discussion in the proposed rule has been
expanded to increase clarity and address concerns included within this
comment. In determining the taxonomic status of any taxon, the Service
utilizes the best available information. Nearly all taxonomic
treatments published since the original description of Arctostaphylos
glandulosa ssp. crassifolia in 1922 recognize this taxon as distinct.
The two most recent treatments (Wells 1987, 1993) are the accepted,
peer reviewed treatments for this genus. This taxon is also recognized
as distinct in local floras (Beauchamp 1986) and other reports
regarding the status of the taxon (SEB 1993b).
The Service does not rely on Knight (1981) because this treatment
does not represent the best available information. As discussed under
the ``Background'' section of this rule, Knight did not substantiate
his claim that Arctostaphylos glandulosa ssp. crassifolia was of hybrid
origin between A. glandulosa and other unidentified species of
Arctostaphylos. Furthermore, Knight reversed his opinion in 1986 and
accepted A. g. ssp. crassifolia as valid (T. Oberbauer, pers. comm.,
1993; J. Bartel, pers. comm., 1994). Wells (1968, 1993) published in
peer-reviewed publications while Knight (1981) did not. Both Wells and
Knight applied morphological variation in determining the status of A.
g. ssp. crassifolia. While the Service acknowledges that other methods
(i.e., chemotaxonomy and genetic analysis) may be used as supplements
to morphological variation as available tools for taxonomic definition,
morphological variation has historically been the most widely accepted
basis for taxonomic distinction for all biological organisms.
Issue 3: One commenter claimed that historic losses of
Arctostaphylos glandulosa ssp. crassifolia were the result of taxonomic
confusion because of ``complete lack of consensus within the scientific
community.'' The commenter noted the taxon has only recently been
considered a distinct subspecies. The commenter also noted that the
California Native Plant Society rejected this taxon in their 1988
Inventory (Smith and Berg 1988) and that the Service determined in the
September 27, 1985, Notice of Review (50 FR 39528) that A. g. ssp.
crassifolia did not represent a distinct taxon. The commenter also
asserted that Federal recognition of this taxon has been lacking since
the 1985 notice.
Service Response: As discussed under the ``Background'' section,
this subspecies has been recognized as distinct for nearly 70 years.
This taxon was first described as a variety of A. glandulosa in 1922,
and has been widely recognized in taxonomic treatments since then
(McMinn 1939; Abrams 1951; Munz 1959, 1974; Wells 1968, 1987, 1993;
Beauchamp 1986). In 1985, the Service rejected this taxon based on the
most recent taxonomic treatment at that time. However, since that time,
floristic and monographic treatments by Beauchamp (1986) and Wells
(1987) recognized A. g. ssp. crassifolia as a distinct taxon. The
latter treatment detailed the taxonomic argument for retention of the
subspecies. The Service, following the criteria of the best available
information, reinstated the taxon to category 2 status in 1990. The
California Native Plant Society currently recognizes A. g. ssp.
crassifolia as a list 1B taxon (Skinner and Pavlik 1994). Plants
included on list 1B are considered rare and endangered in the State of
California and are eligible for State listing under California's Native
Plant Protection Act (chapter 10 section 1901) or the State Endangered
Species Act (Skinner and Pavlik 1994).
As discussed in this rule under ``Previous Federal Action,'' the
commenter is incorrect in asserting that the Service has not identified
this taxon as a candidate for protection under the Act since 1985. It
was published as a category 2 candidate species in the February 21,
1990, Plant Notice of Review (55 FR 6184) and as a category 1 candidate
in 1993. During the period between 1985 and 1990, Arctostaphylos
glandulosa ssp. crassifolia was widely recognized in environmental
documentation (Beauchamp 1986; Nelson 1988; Pacific Southwest
Biological Services 1990; Stephen Lacy,
[[Page 52375]]
Biological Resource Manager, ERCE, in litt., 1991; T. Oberbauer, pers.
comm., 1993). Based on the best available scientific and commercial
information, the Service finds A. g. ssp. crassifolia to be a taxon
eligible for listing under the Act.
Issue 4: Two commenters claimed that these taxa did not warrant
listing as endangered or threatened because the majority of their
populations are protected from development. One commenter dealt mainly
with a species now being withdrawn from consideration for listing.
Another commenter claimed that the report entitled ``Description,
Status, Distribution, and Conservation of Del Mar Manzanita
(Arctostaphylos glandulosa ssp. crassifolia)'' by Sweetwater
Environmental Biologists (SEB 1993b), rebuts the Service's finding that
listing of Del Mar manzanita is warranted. Based on this report, the
commenters stated that the majority of these individuals (76 percent)
occur within 7 of the 22 populations. Of these 7 major populations
(each containing over 500 individuals), the commenters claimed that 82
percent will be preserved, which accounts for 70 percent of the entire
taxon.
Service Response: Although these commenters evidently include
Baccharis vanessae, Chorizanthe orcuttiana, and Verbesina dissita
within the context of this comment, no specific discussion was included
regarding these taxa.
The Service has considered the findings of the SEB report (1993b)
in determining the status of Arctostaphylos glandulosa ssp.
crassifolia. SEB reported that there were about 17,000 individuals of
Del Mar manzanita distributed over 302 subpopulations within 24
populations in San Diego County from Oceanside south to La Jolla, and
inland to Scripps Ranch in the United States. SEB described the range
of this taxon as extending along the immediate coast of Baja
California, Mexico, south to Cabo Colonet about 200 km (124 mi) south
of the United States border.
Available data (Reid Moran, California Academy of Sciences, Philip
Wells, T. Oberbauer, pers. comms., 1992; and herbarium collections at
the San Diego Natural History Museum) indicate that the distribution of
this taxon in Mexico is limited. The Service has not been presented
with any evidence that Arctostaphylos glandulosa ssp. crassifolia
occurs farther south than Mesa Descanseo 40 km (25 mi) south of the
international border.
According to SEB (1993b), 22 of the 24 United States populations,
137 (45 percent) of the subpopulations and about 7,100 to 9,700
individuals (42 to 58 percent) of Arctostaphylos glandulosa ssp.
crassifolia are still extant. SEB (1993b) further states that of the
remaining individuals of this taxon, about 82 percent are proposed for
conservation, which includes about 35 percent on public lands and 48
percent on private lands.
SEB (1993b) identify seven major populations that contain about
three-fourths of all San Diego County Arctostaphylos glandulosa ssp.
crassifolia. The Service concurs with the assessment of six of these
populations and identifies the seventh population identified in SEB
(1993b) as moderately large. Service staff assessed this population at
fewer than 500 individuals in December 1993. The Service further
considers that both the size and the configuration of these populations
are important to the long-term viability of A. g. ssp. crassifolia.
Currently all seven of the populations identified as large in SEB
(1993b) are situated in natural blocks of vegetation greater than 40 ha
(100 ac) in size.
The number of individuals in the SEB (1993b) report is not
significantly different from, and generally conforms with, estimates
used by the Service in preparation of the proposed rule. However, SEB
(1993b) significantly overestimates the preserved population of
Arctostaphylos glandulosa ssp. crassifolia. The remarks and data
summary on Table 1 of the report are inconsistent--the data summary
indicates that about 18 percent of this taxon is threatened by
development, while the remarks section indicates that over 30 percent
of the A. g. ssp. crassifolia is currently threatened by development.
Although SEB (1993b) acknowledges that one of the major populations
located in the city of Carlsbad, California, consists of nearly 2,000
individuals, only about 750 of these are accounted for in Table 1. The
remaining 1,200 individuals are assumed to have been ``graded.''
However, these individuals are still extant and are threatened by the
implementation of a large scale development project. The Service
considers the loss of most of this population, which represents a
reduction of 10 to 15 percent of the United States populations of A. g.
ssp. crassifolia, to be a significant impact on this taxon. Nor is
public open space necessarily equivalent to protection, as indicated in
the SEB report. This is exemplified by clearing and mulching of
southern maritime chaparral east of Palomar Airport (Ken Cory, USFWS,
pers. comm., 1996) in an area identified as a public open space in
Table 1 of the SEB report.
Estimates for preservation in SEB (1993b) do not consider the
configuration of remaining occupied open space or edge effects
resulting from existing and proposed development. The majority of the
existing Arctostaphylos glandulosa ssp. crassifolia populations are
relics of larger historic populations. Nearly 50 percent of the
remaining populations, comprising about 10 to 14 percent of all
individuals of A. g. ssp. crassifolia, are in open space parcels that
are smaller than 20 ha (50 ac). While all populations of A. g. ssp.
crassifolia are important, the majority of these small, isolated, and
poorly configured populations are entirely within 60 m (200 ft) of, and
are often surrounded by, development. These population configurations
likely will not contribute significantly to the long-term preservation
of the taxon. All are subject to edge effects (i.e., invasion of exotic
plants, disturbances by local residents) and may be threatened by fuel
modification activities (i.e., fire breaks, discing, reduction through
thinning). The effect of isolation and habitat size reduction also
retards natural fire and successional cycles within the habitat of A.
g. ssp. crassifolia (Roberts 1993).
Of the larger and more significant populations of Arctostaphylos
glandulosa ssp. crassifolia, only one population is protected and
managed for long-term preservation (Torrey Pines State Park north).
However, this population is located within a 80 ha (200 ac) parcel that
is completely surrounded by development (Roberts 1993). Another
population (Crest View Canyon) is under public management; however,
about 50 percent of this population is located within 60 m (200 ft) of
development and is subject to edge effects (Roberts 1993). While
another population (upper end of Agua Hedionda) is also under public
management, it is subject to incremental clearing impacts as a result
of adjacent airport operations, road-widening activities, and clearing
related to mulching and agriculture (Roberts 1994; K. Cory, pers.
comm., 1996). This population is also bisected by numerous footpaths.
At least 15 percent of this population is situated within 60 m (200 ft)
of development (Roberts 1993).
Of the remaining four major populations, all are threatened in part
by development and will be further fragmented or isolated when projects
are completed. While the majority of one of these populations (Green
Valley,
[[Page 52376]]
Encinitas and Carlsbad) is proposed for conservation, three others, all
located within the City of Carlsbad, will be significantly reduced as a
result of proposed development. Two of these populations currently
contain nearly half of all individuals (about 3,000). After mitigation
is implemented for proposed development projects, these populations
will be reduced by about 50 percent and will be scattered over four
parcels of open space containing fewer than 20 ha (50 ac). A 20 ha (50
ac) parcel is not likely to insure long-term conservation of
Arctostaphylos glandulosa ssp. crassifolia. Additionally, the majority
of the surviving individuals will be situated within 60 m (200 ft) of
development and will likely be adversely affected by edge effects
(Roberts 1993, City of Carlsbad and Fieldstone/La Costa Associates
1994, OGDEN 1995a). Therefore the Service finds that the claim that 82
percent of this taxon is proposed for conservation and preservation is
not supported by available data. The best available data indicate that
while about 80 percent of the A. glandulosa ssp. crassifolia
populations are within dedicated open space, parks, or preserved areas
(about 30 percent of the total San Diego County populations are within
the Multiple Species Conservation Program (MSCP) preserve area), only
about 55 percent of the total populations are preserved when edge
effects and configuration of preserved areas are considered.
Issue 5: Two commenters stated that these taxa do not warrant
listing because existing regulatory mechanisms provided by the
California Environmental Quality Act (CEQA), County and City of San
Diego Resource Protection Ordinances (RPO's), and multispecies programs
including the State Natural Communities Conservation Plan (NCCP), and
local MSCP, Multiple Habitat Conservation Plan (MHCP), and the Carlsbad
Habitat Management Plan (HMP) provide adequate protection.
Service Response: Although the County and City of San Diego adopted
RPO's in 1991, many of the populations of these four taxa occur outside
the jurisdiction of these ordinances. For example, none of the major
populations of Arctostaphylos glandulosa ssp. crassifolia are within
the City of San Diego or on lands under County jurisdiction. Currently,
the Service is aware of 10 development projects that have recently been
approved or proposed that may eliminate nearly 50 percent of the
remaining Arctostaphylos glandulosa ssp. crassifolia. This rate of
decline is consistent with historical losses incurred over the last
decade. As indicated by the commentor, many RPO's protect steep slopes.
In addition, RPO's also apply to all biologically sensitive lands,
which are defined to include those lands that support sensitive
vegetation (San Diego Municipal Code Sec. 101.0462). The ordinance
further states that biologically sensitive lands shall be preserved in
their natural state and that any encroachment must be minimal and must
not adversely impact any rare, threatened or endangered species. This
presumably would include any sites containing populations of the
species listed herein.
The Service acknowledges that the NCCP, MSCP, MHCP, and HMP were
not adequately discussed in the proposed rule. Most of these programs
were in the early development stage at the time the rule was developed.
However, the Service has both monitored and actively participated in
coordinating the development of these programs as they have matured.
The MSCP in southern coastal San Diego County has proceeded to a
significant level. As a result of these planning efforts, one taxon
(Dudleya blochmaniae ssp. brevifolia) originally proposed as endangered
with the four subject taxa is being withdrawn (see separate concurrent
Federal Register notice), while another (Baccharis vanessae) is being
finalized as threatened instead of endangered. The Service considers
the mitigation proposed within the MSCP adequate for threats to
Baccharis vanessae and Arctostaphylos glandulosa ssp. crassifolia
within the MSCP subregion. However, both taxa have significant
populations outside this planning area. While other programs may
ultimately provide significant protection to the taxa considered
herein, at their current planning stages, the degree of conservation
afforded these taxa is uncertain and would not significantly alter the
Service position. A detailed discussion regarding these programs and
others has been incorporated into the final rule under Factor D (``The
inadequacy of existing regulatory mechanisms''). Verbesina dissita does
not occur in San Diego County and is not subject to the MSCP, MHCP, or
the HMP planning efforts.
Issue 6: One commenter stated that while the Service asserted that
State and local regulatory controls are inadequate to protect these
plant taxa, the Service failed to demonstrate how Federal listing will
provide further protection. The commenter noted that the Endangered
Species Act provides no direct protection to listed plants on private
lands. Specifically, the commenter discussed how Federal listing would
not provide Arctostaphylos glandulosa ssp. crassifolia, which occurs
primarily on private lands, additional protection in the two examples
cited in the proposed rule.
Service Response: The Service is required to determine whether any
species qualifies for listing as endangered or threatened based on a
review of the five factors listed under Section 4 of the Act. The
Service acknowledges that the level of protection provided for listed
plant species is not equivalent to the protection accorded federally
listed animal species. Impacts to listed plant species are addressed
through consultation with other Federal agencies when a Federal action
is involved. While Federal actions may be limited on private lands,
some protection may be afforded through this process. For example, in
autumn of 1993, the United States Army Corps of Engineers (Corps)
initiated conferencing regarding the proposed impacts of a large-scale
development project on a significant population of Arctostaphylos
glandulosa ssp. crassifolia. The conferencing process resulted in
improved preservation of that taxon.
When assessing a habitat conservation plan under section
10(a)(1)(B) of the Act, the Service must conduct an internal
consultation pursuant to section 7 of the Act to determine whether
approval of the plan will jeopardize any federally proposed or listed
plant or animal species. Additionally, ``take'' of federally listed
plant species is prohibited under Federal law in circumstances where a
State law is violated, such as a violation of the provisions of CEQA or
the California Endangered Species Act.
Federal listing also provides a significant degree of recognition
by State and local agencies and private landowners which may result in
increased protection. Survey requirements and conservation guidelines
for listed and non-listed species differ considerably under the State
Coastal Protection Act, CEQA, RPO's and other local conservation
regulations. Frequently, unlisted rare species are inadequately
surveyed or given inadequate protection under these processes.
Issue 7: One commenter claimed that listing these taxa would have a
negative effect on current multispecies planning efforts.
Service Response: The Service is required to determine whether any
species is endangered or threatened based on the applicability of the
five
[[Page 52377]]
factors listed under Section 4(a)(1) of the Act. While the Service
supports the intent of multispecies planning efforts to avoid or reduce
the need for future listing actions within designated planning areas,
significant populations of the four taxa discussed herein are outside
approved or nearly completed multispecies conservation plan areas
(MSCP), or not adequately protected within approved plans (i.e.,
Verbesina dissita within the Central Coastal subregion of Orange
County). Two of the four taxa are considered covered species under the
MSCP (Arctostaphylos glandulosa ssp. crassifolia and Baccharis
vanessae). Future impacts to these taxa within the MSCP have been
considered and are addressed through planned preservation or management
for plan participants throughout the subregion (see Available
Conservation Measures). Thus listing these three taxa will not have a
negative effect on current planning efforts. Chorizanthe orcuttiana is
extremely rare and not considered adequately conserved by the MSCP.
Federal and State listing actions frequently drive multispecies
planning efforts and offer guidance to these conservation efforts, many
of which are voluntary. Well-designed multispecies conservation plans
must consider a wide range of sensitive species and their habitats. The
necessity for additional listings indicate that these goals have not
yet been met as indicated in the discussion under Factor D.
Issue 8: One commenter thought that the Service should designate
critical habitat for all four taxa included in this rule, stating that
critical habitat designation would support the mapping efforts and
recommendations of the City of San Diego's MSCP, and that critical
habitat should include all remaining southern maritime chaparral.
Commenters noted that the locations of most of these taxa are available
to the public through environmental impact reports, rebutting the
Service's argument that the designation of critical habitat was not
prudent since this would increase the likelihood of vandalism (i.e.,
habitat destruction) by revealing precise locations.
Service Response: The Service acknowledges that available public
environmental documentation has already disclosed the location of many
populations of the four taxa. The Service finds that designation of
critical habitat is not prudent because it would not be beneficial to
any of these four taxa. Critical habitat is only applicable to actions
that have a Federal nexus. Any Federal action that may affect a listed
species or designated critical habitat is addressed through section 7
of the Act, which requires a Federal agency to consult with the Service
to determine if the action is likely to jeopardize a species or result
in destruction or adverse modification of critical habitat. Of the four
taxa, only Chorizanthe orcuttiana (historically) and Baccharis vanessae
occur on Federal lands, and none are associated with wetlands which
receive protection under section 404 of the Clean Water Act. It is
anticipated that few of the remaining populations will be affected by
actions of Federal agencies.
Issue 9: The Service should consider economic effects in
determining whether to list these taxa under the Endangered Species
Act.
Service Response: In accordance with section 4(b)(1)(A) of the Act,
and 50 CFR 424.11(b) of the implementation regulations, listing
decisions are made solely on the basis of the best available scientific
and commercial information, without reference to possible economic or
other impacts of such a determination.
Issue 10: One commenter stated that collection is not a threat to
any of the four taxa.
Service Response: As discussed under Factor B (``Overutilization
for commercial, recreational, scientific or educational purposes''),
Chorizanthe orcuttiana is threatened by overcollection because of
limited population size, horticultural appeal, and the relative ease of
access to remaining sites.
Issue 11: Two commenters requested that a qualified party perform
scientific peer review to reconcile the status of Del Mar manzanita as
a distinct subspecies, and one suggested that the Service reopen the
comment period to facilitate this review.
Service Response: As discussed in the Background section,
disagreements over the taxonomic status of this species between Wells,
the primary expert on the species, and Knight, who once proposed that
the subspecies was not distinct, have been resolved in peer-reviewed
publications.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
set forth the procedures for adding species to the Federal lists. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1). The
threats facing these four taxa are summarized in Table 1.
Table 1.--Summary of Threats
----------------------------------------------------------------------------------------------------------------
Develop. Limited
Trampling Alien plants Fire control activity numbers
----------------------------------------------------------------------------------------------------------------
Arctostaphylos glandulosa ssp. crassifolia X X X X ............
Baccharis vanessae........................ X X X X X
Chorizanthe orcuttiana.................... X X ............ X X
Verbesina dissita......................... ............ ............ X X ............
----------------------------------------------------------------------------------------------------------------
These factors and their application to Arctostaphylos glandulosa Eastw.
ssp. crassifolia (Jeps.) Wells (Del Mar manzanita), Baccharis vanessae
Beauchamp (Encinitas baccharis), Chorizanthe orcuttiana Parry (Orcutt's
spineflower), and Verbesina dissita Gray (big-leaved crown-beard) are
as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. One of the four taxa herein
(Chorizanthe orcuttiana) is restricted to the south-central coast of
San Diego County, California. Baccharis vanessae extends inland 32 km
(20 mi) and north to the Santa Margarita Mountains of northern San
Diego County. Arctostaphylos glandulosa ssp. crassifolia extends from
the south-central coast of San Diego County south into northwestern
Baja California, Mexico. Verbesina dissita occurs in two disjunct
populations, one in coastal southern Orange County and one along the
coast in northwestern Baja California, Mexico. The most imminent threat
facing all four taxa and their associated habitats is the ongoing and
threatened destruction and modification of habitat by one or more of
the following--urban development, agricultural development,
recreational
[[Page 52378]]
activities, trampling, and fuel modification activities.
Arctostaphylos glandulosa ssp. crassifolia (Del Mar manzanita) is
restricted to sandstone-derived soils along the south-central coast of
San Diego County, extending south to Mesa el Descanseo 40 km (25 mi)
south of the United States border, Baja California, Mexico. This taxon
is restricted almost exclusively to southern maritime chaparral and is
considered to be an indicator species for this plant community.
Estimates indicate that between 82 and 93 percent of southern maritime
chaparral vegetation in San Diego County has been lost as a result of
urban and agricultural development (Oberbauer and Vanderwier 1991;
OGDEN 1993; D. Hogan, in litt., 1993). Between 1980 and 1990, the
population of San Diego County increased by more than 600,000 people.
Most of this increase occurred on or near the coast at sites
historically occupied, in part, by southern maritime chaparral. About
140 to 180 ha (300 to 450 ac) (12 to 30 percent) of southern maritime
chaparral is currently located within approved or proposed developments
in San Diego County (RECON 1987, Roberts 1992, SEB 1993a; D. Hogan, in
litt., 1993; Gail Kobetich, USFWS, in litt., 1993). Less than 30
percent of the remaining southern maritime chaparral is preserved in
parks (e.g., Torrey Pines State Park) with long-term management for
conservation.
While 25 of 26 populations of Arctostaphylos glandulosa ssp.
crassifolia are still extant in part, the majority of these populations
have been greatly reduced and significantly fragmented by urban and
agricultural development, most of which has occurred since 1982. About
a 50 percent decline in the number of stands and the number of
individuals has occurred since 1982 (Roberts 1993, SEB 1993b). Of the
remaining individuals, the majority are distributed in highly
fragmented habitat along the margins of residential development.
Over 75 percent of Arctostaphylos glandulosa ssp. crassifolia in
the United States occurs within 6 concentrations located in Carlsbad,
Encinitas, Del Mar, and Torrey Pines State Park. Four of the six
populations, located in Carlsbad and Encinitas, are threatened in part
by approved or proposed development projects. These projects will
result in the elimination of over 1,900 individuals (over 35 percent)
of A. g. ssp. crassifolia that occurs within these 6 populations
through direct impacts. Furthermore the additional loss of 1,000
individuals (20 percent) will likely result from indirect impacts such
as fuel modification and edge effects (Roberts 1993, SEB 1993a).
Several of the smaller populations of A. g. ssp. crassifolia in
Encinitas, Carlsbad, Carmel Valley and on Carmel Mountain are also
threatened by development and associated indirect impacts (Roberts
1992, SEB 1993b).
The status of Arctostaphylos glandulosa ssp. crassifolia and its
habitat in extreme northwestern Baja California, Mexico, are not well
documented. However, this species only extends some 40 km (25 mi) south
of the United States border. This region represents one of the most
severely impacted areas in Baja California. Many of the same factors
(urban and agricultural development) that have affected the status of
this taxon in the United States are also clearly having an impact south
of the border (Oberbauer 1992).
Chorizanthe orcuttiana (Orcutt's spineflower) is restricted to
exposed sandy soils at two sites in coastal south-central San Diego
County. One site, located at Torrey Pines State Park, is protected.
However, this population has not been seen since 1987 (T. Oberbauer,
pers. comm., 1992). The only currently known population is within Oak
Crest Park in Encinitas, and this population is threatened by proposed
recreational facilities (see Factor D). The reduction of the southern
maritime chaparral in the park will have a significant impact on the
long-term viability of the only existing C. orcuttiana population.
Estimates indicate that between 82 and 93 percent of southern maritime
chaparral vegetation in San Diego County has been lost as a result of
urban and agricultural development (Oberbauer and Vanderwier 1991;
OGDEN 1993; D. Hogan, in litt., 1993).
Baccharis vanessae (Encinitas baccharis) is associated with dense
mixed chaparral and southern maritime chaparral. Fourteen populations
(and one isolated individual) currently exist. Seven of these remaining
populations are threatened by development projects. Five populations
are in the Del Dios Highlands within the Rancho Cielo project area.
Three of these are threatened by urban development and a golf course
(CDFG 1992). Clearing vegetation in 1991 and 1992 and application of
herbicides in 1993, in combination with a serious fire in 1990, may
already have eliminated some of these plants. Two other populations
near Lake Hodges have been identified as threatened by proposed
developments (CDFG 1992) or inundation from a proposed water storage
facility (OGDEN 1995b).
In the United States, Verbesina dissita (big-leaved crown-beard) is
restricted to rugged coastal hillsides and canyons in southern maritime
chaparral and, to a lesser extent, coastal sage scrub and mixed
chaparral, along a 3.2 km (2 mi) stretch of coastline in Laguna Beach,
Orange County. Although some populations extend into Aliso-Woods
Regional Park, the majority of the remaining populations are on private
land and these populations are threatened by residential development
and fuel modification activities (CDFG 1992).
Residential development and fuel modification activities continue
to incrementally impact the main Laguna Beach population of Verbesina
dissita (CDFG 1992). At least four residences were built directly on V.
dissita plants after its State-listing as a threatened species in 1989.
Although the individual houses eliminated a relatively small number of
plants, local ordinances require the creation of a fuel modification
zone up to 46 m (150 ft) from the residence (Richard Drewberry, Laguna
Beach Fire Department, pers. comm., 1991). Over 20 percent of V.
dissita occurrences are within 46 m (150 ft) of residential
development. If these ordinances are fully implemented, a significant
portion of this species in the United States would be eliminated. In
1984, a fuel break was cut through one population on Temple Hill. The
species normally persists in relatively dense brush, although it is
known to respond favorably to some clearing and fires. The plants in
the fuel break began to decline after four years (Fred Roberts, USFWS,
pers. obs., 1992). In 1991, the City of Laguna Beach used goats to
clear fuel breaks despite objections that the goats could potentially
consume rare plant species (Dr. Peter Bowler, University of California,
Irvine, pers. comm., 1992). The City of Laguna Beach has indicated that
many areas containing dense brush adjacent to residential development
will be cleared (R. Drewberry, pers. comm., 1991). These areas are
occupied in part by V. dissita. One development completed in 1989 has
placed irrigation and hydromulching over one population. Verbesina
dissita is not expected to persist with overwatering and competition
from Atriplex semibaccata (Australian saltbush), which is frequently
used in landscaping along the borders of development (F. Roberts, pers.
obs., 1992).
The remaining habitat of Verbesina dissita in the United States is
relatively contiguous. However, several developments have been proposed
that will reduce and further fragment this rare vegetation association.
Only 20 percent of the habitat is preserved (i.e., in Aliso-Woods
Canyon Regional Park).
[[Page 52379]]
The majority of Verbesina dissita populations occur south of the
United States-Mexican border in coastal, northwestern Baja California,
where it occurs in vegetation associations similar to those found in
Laguna Beach, California. The status of V. dissita and its habitat in
Mexico are not well documented. According to one prominent researcher,
the distribution of V. dissita in Mexico is spotty (R. Moran, pers.
comm., 1992). Over 20 populations are known between Punta Descanseo and
San Telmo near Cabo Colonet (Roberts 1988). A survey of historic
localities in 1988 between Punta el Descanseo and Punta Santo Tomas
determined that over 25 percent of these localities had been urbanized
or converted to agriculture. Four separate localities are known from
Punta Bunda just south of Ensenada. However, three of these are
threatened by changes in land use from relatively pristine conditions
in 1987 to extensive clearing in addition to rural condominium
development in 1990 (F. Roberts, memo to file, 1992). Many of the same
factors threatening the species in the United States (i.e., urban and
agricultural development) are threatening this species in Mexico as
well (Oberbauer 1992).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Some taxa have become vulnerable to collecting by
curiosity seekers as a result of increased publicity following the
publication of listing proposals. Chorizanthe orcuttiana is highly
restricted and is vulnerable to over-collection because of its rarity.
Some professional and amateur botanists are known to favor collection
of rare species, either to have examples in their collection or because
these specimens are valuable to trade with other institutions.
C. Disease or predation. Disease is not known to be a factor for
any of the taxa. Although swollen galls on the stems of Baccharis
vanessae indicate parasitism by a moth or butterfly (Beauchamp 1980),
insect predation of the four taxa is not well understood.
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that may provide some protection for
Arctostaphylos glandulosa ssp. crassifolia, Baccharis vanessae,
Chorizanthe orcuttiana, and Verbesina dissita include--(1) the
California Endangered Species Act (CESA); (2) the California
Environmental Quality Act (CEQA); (3) the California Natural Community
Conservation Planning Program (NCCP), which includes the San Diego
Multiple Species Conservation Plan (MSCP), Multiple Habitat
Conservation Plan (MHCP), and Carlsbad Habitat Management plan (HMP);
(4) the Federal Endangered Species Act in those cases where these taxa
occur in habitat occupied by other listed species; (5) conservation
provisions under the Federal Clean Water Act; (6) land acquisition and
management by Federal, State, or local agencies, or by private groups
and organizations; and (7) local laws and regulations.
State Laws and Regulation:
Pursuant to the Native Plant Protection Act (chapter 10 section
1900 et seq. of the California Fish and Game Code) and California
Endangered Species Act (chapter 1.5 section 2050 et seq. of the Fish
and Game Code), the California Fish and Game Commission listed
Baccharis vanessae as endangered in 1987 and Chorizanthe orcuttiana in
1979. Verbesina dissita was listed as threatened by the State of
California in 1989. Although both statutes prohibit the ``take'' of
State-listed plants (chapter 10 section 1908 and chapter 1.5 section
2080), some projects do not comply with State law. As an example, in
1992, V. dissita plants in Laguna Beach were removed without the
State's knowledge (Ken Berg, CDFG, pers. comm., 1992).
Local lead agencies empowered to uphold and enforce the regulations
of the CEQA have made determinations that have or will adversely affect
these taxa and their southern maritime chaparral habitat. The CEQA
requires that a project proponent publicly disclose 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 other agencies concerned with resources affected by
the project. Required biological surveys are often inadequate and
project proponents may disregard the results of surveys if occurrences
of sensitive species are viewed as a constraint on project design.
Mitigation measures used to condition project approvals are often
experimental and fail to adequately guarantee protection of sustainable
populations of the taxa considered herein. CEQA decisions are also
subject to overriding social and economic considerations.
To illustrate, the environmental documentation for a large-scale
development project in Carlsbad did not include sufficient surveys for
Chorizanthe orcuttiana or Baccharis vanessae (Pacific Southwest
Biological Services 1990; Larry Sward, SEB, in litt., 1993), although
the only currently known population of C. orcuttiana occurs in
Encinitas, less than 3.2 km (2 mi) distant, and one of the largest
populations of B. vanessae occurs on an adjacent parcel. One of the
largest populations of Arctostaphylos glandulosa ssp. crassifolia also
occurs within this project site. Although impacts to this taxon were
identified as significant under the CEQA, the adopted mitigation
measures were considered to be insufficient (S. Lacy, in litt., 1991).
In another project within the City of Carlsbad, the elimination of a
population of A. g. ssp. crassifolia was not considered to be a
significant impact, even though the taxon was a Federal category 2
candidate for listing at the time (M.F. Ponseggi and Associates 1993).
Impacts to category 2 candidates were considered significant under the
CEQA prior to 1996 revisions in candidate policy that eliminated
category 2 ranking (61 FR 7596; February 28, 1996).
Moreover, transplantation is frequently used to mitigate for the
loss of rare plant species; however, it has yet to be demonstrated to
provide for long-term viability of any of the four taxa. Several
attempts at transplanting Baccharis vanessae and Arctostaphylos
glandulosa ssp. crassifolia have been reported by Hall (1987). Attempts
to transplant B. vanessae at Quail Botanical Garden and at San Dieguito
County Park failed shortly after the monitoring period ended. Six years
after individuals of A. g. ssp. crassifolia were transplanted at Quail
Botanical Garden, 75 percent of the plants had died.
Regional Planning Efforts
In 1991, the State of California established the NCCP program to
address conservation needs throughout the State. The focus of current
planning programs is the coastal sage scrub community in southern
California, although other vegetation communities are being addressed
in an ecosystem-level approach. Southern maritime chaparral and the
four taxa are currently being considered under the MSCP, MHCP, and the
Orange County Central Coastal NCCP programs. The MHCP, which will
include the Carlsbad HMP program, is still in the early developmental
phase and thus it is uncertain to what degree it will be successful in
providing protection for these taxa.
The NCCP for the Central and Coastal Subregion of Orange County was
approved in July of 1996. Only one of the four taxa (Verbesina dissita)
occurs within the Central/Coastal NCCP. While the entire population of
this species in
[[Page 52380]]
the United States is within this subregion, only about 10 percent of
the species'' distribution is protected by the Central/Coastal Plan.
The species is not adequately conserved, nor is it considered a
``covered species'' under the plan. Covered species are those species
that have been adequately considered in terms of long-term preservation
within a Habitat Conservation Planning Area or NCCP subregion. Under an
agreement with the participants, CDFG, and the Service, future
potential impacts for covered species are considered adequately
addressed through proposed preservation, mitigation, and management.
Since the publication of the proposed rule, the MSCP, a regional
planning effort in southwestern San Diego County, has been finalized
and submitted to the Service as part of an application for a section
10(a)(1)(B) incidental take permit for 85 species, including
Arctostaphylos glandulosa ssp.0 crassifolia and Baccharis vanessae. The
Service and the City of San Diego have jointly prepared a Recirculated
Environmental Impact Report/Environmental Impact Statement, Issuance of
Take Authorizations for Threatened and Endangered Species due to Urban
Growth within the Multiple Species Conservation Program (MSCP) Planning
Area. This document, released on August 30, 1996, for a 45-day public
review period, assesses the effects of land-use decisions that will be
made by local jurisdictions to implement the plan and the effects of
the proposed issuance of the incidental take permit on the 85 species.
A decision on the permit issuance is expected in late 1996.
The MSCP will, upon approval, set aside preservation areas and
provide monitoring and management for the 85 ``covered species''
addressed in the permit application, including Arctostaphylos
glandulosa ssp. crassifolia and Baccharis vanessae. ``Covered species''
are taxa that will be adequately conserved by the plan's proposed
preservation and management. About 30 percent of the A. g. ssp.
crassifolia population (without consideration to edge effect) is
protected within the MSCP (about 90 percent of the species' total
populations are within the subregion) and about 45 percent of B.
vanessae populations are protected within the MSCP (about 70 percent of
the total populations are within the subregion). While all threats have
not been eliminated for these two taxa within the subregion, the
Service believes that future potential impacts will be adequately
addressed by management incorporated into the final MSCP agreement.
Project proponents in areas outside the MSCP subregion will be required
to coordinate with the Service on these taxa where applicable.
Federal Laws and Regulations
The Endangered Species Act may already afford protection to
candidate or other sensitive species if they co-exist with species
already listed as threatened or endangered under the Act. Although the
coastal California gnatcatcher (Polioptila californica californica) is
listed as threatened under the Act and overlaps with the range of the
taxa considered herein, the coastal California gnatcatcher primarily
utilizes a different habitat (coastal sage scrub). Additionally, under
provisions of section 10(a) of the Act, the Service may permit the
incidental ``take'' of the gnatcatcher during the course of an
otherwise legal activity provided that the taking will not appreciably
reduce the likelihood of its survival and recovery in the wild.
Projects developed with authorization for take of the coastal
California gnatcatcher may, however, contribute to the decline of
Arctostaphylos glandulosa ssp. crassifolia, Baccharis vanessae and
Chorizanthe orcuttiana in areas where the project area includes both
coastal sage scrub and southern maritime chaparral.
Some protection has been afforded to these taxa through section 404
of the Clean Water Act (G. Kobetich, in litt., 1993). However, since
the majority of these taxa occur in upland habitat or in isolated and
fragmented parcels, it is unlikely that actions affecting the taxa will
require section 404 permits.
Land Acquisition and Management
Land acquisition and management by State or local agencies or by
private groups and organizations have contributed to the protection of
some localities containing the taxa included in this rule. However, as
discussed below, these efforts are inadequate to assure the long-term
survival of these four taxa. For example, Torrey Pines State Park and
Crest Canyon Preserve (Del Mar) contain significant populations of
Arctostaphylos glandulosa ssp. crassifolia. While Torrey Pines State
Park is managed for long-term preservation of biological resources, the
populations within the park contain less than 20 percent of the
remaining A. g. ssp. crassifolia individuals. The populations of this
taxon in Crest Canyon Preserve Park are affected by trampling
associated with recreational activities and edge effects (see Factor
E). A small population of A. g. ssp. crassifolia located within San
Dieguito County Park is also threatened by edge effects and trampling
from recreational activities.
Three of the species considered within this rule (Arctostaphylos
glandulosa ssp. crassifolia, Baccharis vanessae, and Chorizanthe
orcuttiana) occur within Oak Crest Park in Encinitas. While this park
is under public ownership and management, these plants are threatened
by the construction of recreational facilities, invasive exotics, and
trampling (see Factors A and E).
A single population of Baccharis vanessae is known from the
Cleveland National Forest in the Santa Margarita Mountains (S. Boyd,
Rancho Santa Ana Botanical Garden, in litt., 1992). While this
population is protected in part because it is isolated, it represents
less than 10 percent of the known populations of this species. In
Orange County, Verbesina dissita extends into Aliso-Woods Canyons
Regional Park. However, this park encompasses less than 10 percent of
the known populations of the species. Additionally, while this county
regional park is, in part, managed for biological conservation, V.
dissita is threatened by fuel modification (i.e., thinning, mechanical
clearing, and irrigation) and exotic vegetation replacement at the park
boundary.
These plant taxa also occur in ``dedicated'' open space frequently
in association with development projects. These areas are often
specifically set aside for conservation as required by local and county
project approvals and/or the CEQA, and are managed by private
organizations, individuals, corporations, or local jurisdictions.
However, open space dedications do not incorporate the principles of
conservation biology. Many are inadequately configured, or are too
small for the long-term preservation of these taxa (see Factor E).
County open space designations within General Development Plans are
subject to amendments and, therefore, cannot be considered as permanent
conservation.
Local Laws, Regulations, and Ordinances
The four taxa in this rule have been identified as sensitive under
various local laws, regulations and ordinances. However, development
projects continue to be approved and implemented with designs that do
not preserve populations or habitat for the taxa considered herein.
Currently, the Service is aware of 10 approved or proposed development
projects that will directly or indirectly impact about 3,000
[[Page 52381]]
individuals of Arctostaphylos glandulosa ssp. crassifolia. While these
projects have been or currently are subject to review under existing
local regulatory mechanisms and conservation plans, this taxon is still
declining rapidly. Management and recovery become increasingly
difficult as options for preservation are reduced.
Existing local land-use regulations have failed to protect these
taxa as exemplified by Oak Crest Park in Encinitas. Although a portion
of the park was originally set aside for conservation purposes by the
County of San Diego (D. Hogan, in litt., 1991; T. Oberbauer, pers.
comm., 1992), recreational development has eliminated southern maritime
chaparral habitat and individuals of Arctostaphylos glandulosa ssp.
crassifolia, Baccharis vanessae, and Chorizanthe orcuttiana. One area
recently developed included a natural preserve area set aside under an
agreement between the City and the California Coastal Commission.
Current recreational development plans for Oak Crest Park, including
the construction of a community center, swimming pool and numerous
walking paths, will impact two of these taxa (A. g. ssp. crassifolia
and B. vanessae). The proposed development will reduce the B. vanessae
population and the extent of southern maritime chaparral within the
park by approximately one-third (David Wigginton, City of Encinitas
Community Services, pers. comm., 1992).
Another example demonstrating how existing regulatory mechanisms
are inadequate is provided by a project in the City of Carlsbad that
was originally approved circa 1980. The project area contained the
northernmost known population of Arctostaphylos glandulosa ssp.
crassifolia and a significant stand of southern maritime chaparral.
When a city official was approached by the project proponent in 1992,
the city informed the proponent that the existing CEQA documentation
was inadequate and that additional biological surveys would be
required. Despite this finding, the proponent was able to obtain
grading permits to clear the land without additional documentation
(Terri Stewart, CDFG, pers. comm., 1992).
Several development projects have proceeded without adequate
surveys for Chorizanthe orcuttiana (City of Carlsbad and Fieldstone/La
Costa Associates 1994). Arctostaphylos glandulosa ssp. crassifolia has
been considered in the majority of these plans; however projects have
recently been proposed and approved that have or will directly or
indirectly eliminate nearly half of the population within these
planning areas (SEB 1993a, 1993b). Because A. g. ssp. crassifolia has
already declined by about 50 percent over the last decade, these
additional significant losses will contribute to the further decline of
this taxon and may affect its recovery (Roberts 1993; SEB 1993b; G.
Kobetich, in litt., 1993). Although the only extant population of C.
orcuttiana is on public land within the jurisdiction of the MHCP, no
protection measures have been developed or implemented for this
population. Several important populations of Baccharis vanessae are
threatened by current project proposals that will reduce the
effectiveness of the MHCP, when developed, to adequately stabilize
populations within the subregion (OGDEN 1995a; D. Hogan, in litt.,
1991; D. Wigginton, pers. comm., 1992). The additional recognition that
results from listing is expected to generate additional efforts in
providing for the long-term preservation of these four taxa.
Laws and Regulation in Mexico
The range of Arctostaphylos glandulosa ssp. crassifolia and
Verbesina dissita continues south along the Pacific coast into
northwestern Baja California, Mexico. Mexico has laws that presumably
provide protection to rare plants; however, enforcement of these laws
is lacking (USFWS 1992b).
In summary, although most of these taxa are receiving at least some
protection through existing regulatory mechanisms, threats continue to
adversely affect the taxa, as indicated by their declining status.
E. Other natural or manmade factors affecting their continued
existence. At least two of the taxa (Baccharis vanessae and Chorizanthe
orcuttiana) may be threatened by a risk of extinction from naturally
occurring events because of their restricted distribution and small
population size. Genetic viability can be reduced in small populations,
making them less adaptable to changes in the environment. The potential
for extirpation by virtue of their small population sizes can be
exacerbated by natural causes such as drought or fire. For example, the
impact of fire on Baccharis vanessae is not fully understood, yet a
1,200 ha (3,000 ac) fire in the Del Dios highlands burned four of the
known populations in September 1990 (CDFG 1992, Los Angeles Times
1992). Many populations are now in close proximity to residential
development, and are threatened by edge effects including fuel
modification activities, fire suppression, the invasion of exotic plant
species, and increased human activities associated with nearby
urbanization. Additionally, unidentified pollinators or seed-dispersal
agents for these taxa may also be impacted by development.
Habitat fragmentation and isolation, in addition to fuel
modification, threaten the taxa in areas adjacent to residential
development. For example, nearly 15 percent of extant Arctostaphylos
glandulosa ssp. crassifolia occurs in small, fragmented, and isolated
parcels of open space (Roberts 1993). Of the six largest populations of
this taxon, 20 percent of the individuals are within 60 m (200 ft) of
existing development and are threatened by edge effects (Roberts 1993,
SEB 1993a). This is exemplified by Crest Canyon Preserve, where nearly
50 percent of the approximately 1,000 individuals of A. g. ssp.
crassifolia are within 60 m (200 ft) of development. Arctostaphylos
glandulosa ssp. crassifolia is also threatened by trampling where
trails have been cut through populations by recreationalists and farm
workers (Hogan 1990; CDFG 1992; F. Roberts and E. Berryman, USFWS,
pers. obs.).
Conflicts between fire management and preservation arise when
insufficient buffers exist between sensitive biological resources and
residential dwellings. A recent example includes clearing of about 1 ha
(2 ac) of southern maritime chaparral adjacent to a new residential
development in Carlsbad in June 1992.
Baccharis vanessae is limited to small numbers, comprising only 14
extant populations containing about 2,000 individuals. No population is
known to have over 300 individuals and 5 of these populations have
fewer than 6 individuals. One individual has been discovered on the
western slopes of Carmel Mountain.
Chorizanthe orcuttiana, known from a single locality, is the most
vulnerable of the four taxa. This species is threatened by trampling by
farm workers and recreationalists because of its small size and its
preference for open areas, which tend to attract foot traffic through
otherwise dense chaparral vegetation (F. Roberts and E. Berryman, pers.
obs.). The only known site could be eliminated in a single event if a
particularly large number of people were to walk through and trample
the population. Exotic grass and weed species are also threatening the
population.
All four taxa are potentially threatened by the interruption of the
natural fire cycle. Fragmentation has rendered individual populations
more susceptible to fire events that may either
[[Page 52382]]
occur too frequently or be suppressed too long to maintain a healthy
southern maritime chaparral habitat.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these four taxa in determining to make this
rule final. Based on this evaluation, the preferred action is to list
Arctostaphylos glandulosa ssp. crassifolia and Chorizanthe orcuttiana
as endangered. These taxa are in danger of extinction throughout all or
a significant portion of their ranges due to habitat alteration and
destruction resulting from urban, recreational and agricultural
development; fuel modification activities; trampling by farm workers
and recreational activities; inadequacy of existing regulatory
mechanisms; naturally occuring events due to limited populations; and
competition from exotic plant species. For the reasons discussed below,
the Service finds that Verbesina dissita and Baccharis vanessae are
likely to become endangered within the foreseeable future throughout
all or a significant portion of their range. Although V. dissita is
extremely threatened in the United States by development and fuel
modification activities, the status of this species in Baja California,
Mexico, is considerably better due to a larger number of extant
populations. However, it is still threatened by similar activities in
Mexico. Therefore the preferred action is to list V. dissita as
threatened. While nearly half of the known B. vanessae populations
continue to be at risk from urban development, inundation from a
proposed water storage facility, and fire management methods, the
species is not in immediate danger of extinction. The Service therefore
revises the preferred action for B. vanessae from listing as endangered
in the original proposed regulation to listing as threatened in this
final rule. In addition, the MSCP in San Diego County will offer
significant management and preservation for about half of the
populations upon its authorization. Critical habitat is not being
proposed for these taxa for the 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
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for the taxa
discussed in this rule 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, Chorizanthe orcuttiana is particularly
threatened by taking, specifically overcollecting, an activity
difficult to regulate and enforce. 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, or damaging or destroying in
knowing violation of any State law or regulation, including State
criminal trespass law. The publication of precise maps and descriptions
of critical habitat in the Federal Register would make these plants
more vulnerable to incidents of collection or vandalism and, therefore,
could contribute to the decline of this species.
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. Of the taxa discussed herein, only one population of
Baccharis vanessae is known to occur on Federal lands. All Federal and
state agencies and local planning agencies involved have been notified
of the location and importance of protecting the habitat of these taxa.
Protection of their habitat will be addressed through the recovery
process and through the section 7 consultation process. 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. The taxa in this rule are all confined to small
geographic areas and each population is composed of so few individuals
that the determinations for jeopardy and adverse modification would be
similar. Therefore, designation of critical habitat provides no
additional benefit beyond those that these taxa would receive by virtue
of their listing as endangered or threatened species and likely would
increase the degree of threat from vandalism, collecting, or other
human activities. The Service finds that designation of critical
habitat is not prudent for these taxa at this time.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing encourages and
results in conservation actions by Federal, State, and local agencies,
private organizations, and individuals. The Act provides for possible
land acquisition from willing sellers and cooperation with the States
and requires that recovery actions be carried out for all listed
species. The protection required of Federal agencies and the
prohibitions against certain activities involving listed plants are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a species proposed for listing or result in destruction or
adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of the species or destroy
or adversely modify its critical habitat. If a Federal action may
affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
[[Page 52383]]
Although only one of the four taxa (Baccharis vanessae at the
Olivenhein Water Storage Facility) is known to be directly affected by
activities permitted under section 404 of the Clean Water Act, effects
of actions that include direct and indirect impacts that are
interrelated or interdependent with the taxa under consideration may
require a permit under section 404 of the Clean Water Act.
Additionally, two of the taxa (Arctostaphylos glandulosa ssp.
crassifolia and B. vanessae) are known to occur in areas where highway
projects, which may involve Federal funding and the Federal Highways
Administration, have been proposed. At least one taxon (B. vanessae)
occurs on Federal land, within the Cleveland National Forest and within
1 km (0.6 mi) of Camp Pendelton Marine Base. New populations of these
taxa could be discovered at Miramar Naval Air Station, Point Loma Naval
Reserve, and Camp Pendelton Marine Base. These Federal nexuses would
require initiation of section 7 consultation on actions that may affect
the taxa.
Two of these species, Arctostaphylos glandulosa ssp. crassifolia
and Baccharis vanessae, are considered covered species under the MSCP.
These species will receive benefits from the plan upon its approval.
These benefits include--(1) preservation of the majority of populations
within the subregion including two major populations of A. g. ssp.
crassifolia and one and a half major populations of B. vanessae, (2)
management plans that will address impacts from fuel management and
close proximity of existing and proposed development, and (3)
monitoring of the status of these populations. Some populations within
this subregion will be eliminated or reduced, but it has been
determined that the populations preserved under the plan will be
adequate to stabilize the status of these taxa within the MSCP planning
area.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61 (endangered plants) or 17.71 (threatened
plants), apply. These prohibitions, in part, make it illegal for any
person subject to the jurisdiction of the United States to import or
export, transport in interstate or foreign commerce in the course of a
commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits the malicious damage or destruction on
any area under Federal jurisdiction and the removal, cutting, digging
up, or damaging or destroying of such endangered plants in knowing
violation of any State law or regulation, including State criminal
trespass law. Section 4(d) of the Act allows for the provision of such
protection to threatened species through regulation. This protection
may apply to Baccharis vanessae and Verbesina dissita in the future if
regulations are promulgated. Seeds from cultivated specimens of
threatened plant species are exempt from these prohibitions provided
that their containers are marked ``Of Cultivated Origin''. Certain
exceptions to the prohibitions apply to agents of the Service and State
conservation agencies.
The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the
issuance of permits to carry out otherwise prohibited activities
involving endangered or threatened species under certain circumstances.
Such permits are available for scientific purposes and to enhance the
propagation or survival of the species. For threatened plants, permits
are also available for botanical or horticultural exhibition,
educational purposes, or special purposes consistent with the purpose
of the Act. It is anticipated that few trade permits would ever be
sought or issued because none of the four taxa are common in
cultivation or in the wild.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable 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.
One of these four taxa (Baccharis vanessae) is known to occur on lands
under the jurisdiction of the U.S. Forest Service and populations of
the taxa may potentially be discovered on lands under the jurisdiction
of the Department of Defense (Navy). Collection, damage or destruction
of any of these species on Federal lands is prohibited, although in
appropriate cases a Federal endangered species permit may be issued to
allow collection. Such activities on non-Federal lands would constitute
a violation of section 9 if 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 being conducted
or proposed by the public that will be affected by this listing and
result in a violation of section 9.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Carlsbad Field Office (see ADDRESSES section). Requests
for copies of the regulations concerning listed plants and general
inquiries regarding prohibitions and permits may be addressed to the
U.S. Fish and Wildlife Service, Ecological Services, Endangered Species
Permits, 911 N.E. 11th Avenue, Portland, Oregon 97232-4181 (telephone
503/231-2063; facsimile 503/231-6243).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein is available upon
request from the Carlsbad Field Office (see ADDRESSES section).
Author
The primary author of this final rule is Fred M. Roberts, Jr.,
Carlsbad Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
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, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
[[Page 52384]]
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS:
* * * * * * *
Arctostaphylos glandulosa ssp. Del Mar manzanita... U.S.A. (CA), Mexico. Ericaceae........... E 589 NA NA
crassifolia.
* * * * * * *
Baccharis vanessae............... Encinitas baccharis. U.S.A. (CA)......... Asteraceae.......... T 589 NA NA
* * * * * * *
Chorizanthe orcuttiana........... Orcutt's spineflower U.S.A. (CA)......... Polygonaceae........ E 589 NA NA
* * * * * * *
Verbesina dissita................ Big-leaved crown- U.S.A. (CA), Mexico. Asteraceae.......... T 589 NA NA
beard.
* * * * * * *
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Dated: September 27, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-25462 Filed 10-4-96; 8:45 am]
BILLING CODE 4310-55-P
