[Federal Register Volume 59, Number 89 (Tuesday, May 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11257]
[[Page Unknown]]
[Federal Register: May 10, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC52
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for Castilleja Levisecta (Golden Paintbrush)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list
the plant Castilleja levisecta (golden paintbrush) as a threatened
species pursuant to the Endangered Species Act of 1973, as amended
(Act). This species once occurred from Oregon north to Vancouver Island
in British Columbia, Canada. Only 10 disjunct populations of this plant
now exist, in open grasslands ranging from south of Olympia,
Washington, in Thurston County, north through the Puget Trough to
southwest British Columbia, Canada. One of these populations may be
extirpated. Threats to the species include competition with encroaching
native and alien plant species, habitat modification through succession
in the absence of fire, predation, and the reduced ability of small,
isolated populations to recover from stochastic (random) events. Direct
human-caused threats include development of habitat, possible damage
associated with road maintenance, and catastrophic fire. This proposal,
if made final, would implement the Federal protection and recovery
provisions of the Act for this plant.
DATES: Comments from all interested parties must be received by July
11, 1994. Public hearing requests must be received by June 24, 1994.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Boise Field Office, U.S. Fish and
Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho 83705.
Comments and materials received will be available by appointment for
public inspection during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Alison Beck Haas or Dr. Robert Parenti
at the above address (208/334-1931).
SUPPLEMENTARY INFORMATION:
Background
Castilleja levisecta (golden paintbrush) was first collected near
Mill Plain, Washington, by Thomas Jefferson Howell in 1880 and was
described by Jesse More Greenman in 1898 (Greenman 1898). A perennial
herb of the snapdragon family (Scrophulariaceae), C. levisecta
typically has 5 to 15 erect to spreading unbranched stems, reaches a
height of 0.5 meter (m) (20 inches (in)), and is covered with soft,
sticky hairs. The lower leaves are entire and narrowly pointed; the
upper leaves are broader, usually with one to three pairs of short
lateral lobes on the distal end. The flower, mostly hidden by the
overlapping bracts, has a calyx 15 to 18 millimeters (mm) (0.6 to 0.7
in) long and deeply cleft, and a corolla 20 to 23 mm (0.8 to 0.9 in)
long, with a slender galea (concave upper lip) three to four times the
length of the unpouched lower lip (Hitchcock and Cronquist 1978). It is
distinguished from the other Castilleja species within its range by
brilliant golden to yellow floral bracts. The plant flowers from April
to June. When not flowering, the plant is inconspicuous. The species
may be semi-parasitic like other members of the genus Castilleja,
requiring a host plant for seedling development (Heckard 1962, Sheehan
and Sprague 1984).
The plant tends to grow in clumps. One genet (genetic individual)
may consist of 1 to 15 ramets (stems), making the calculation of exact
numbers of individual plants difficult. Also, a wide variability of
numbers of ramets per plant among genets and sites exists. Determining
the number of ramets that comprise an individual plant generally
requires destroying the plant (Reid Schuller, Natural Area Scientist,
Washington Department of Natural Resources, pers. comm., 1992). In
addition, variation in census methods exists. Therefore, estimates of
population densities are difficult.
Western Oregon and Washington (and southern Vancouver Island) have
a maritime climate, characterized by wet, mild winters and cool,
relatively dry summers. Precipitation averages 800 to 1,350 mm (31 to
53 in) in the Puget-Willamette Trough (Sheehan and Sprague 1984).
The plant occurs in open grasslands at elevations below 100 m (328
feet (ft)) around the periphery of the Puget Trough. Most populations
occur on glacially derived soils, either gravelly glacial outwash or
clayey glacio-lacustrine sediments (Sheehan and Sprague 1984).
Associated species include Festuca idahoensis, Festuca rubra, Plantago
lanceolata, Holcus lanatus, Achillea millefolium, Pteridium aquilinum,
and several species of Vicia and Bromus (Sheehan and Sprague 1984).
Frequent, low intensity fires can be important in maintaining habitat
for some plant species. Historically, periodic fires in the Puget
Trough were instrumental in maintaining native grassland habitat by
limiting successional encroachment of trees and shrubs (Sheehan and
Sprague 1984).
Historically, Castilleja levisecta has been reported from over 30
sites in the Puget Trough of Washington and British Columbia, and as
far south as the Willamette Valley of Oregon (Sheehan and Sprague
1984). In 1984, the Service conducted an assessment of the status of
the species throughout its range. The plant was found to be extirpated
from more than 20 historic sites (Sheehan and Sprague 1984). Many
populations were found to be extirpated by conversion of habitat to
agricultural, residential, and commercial development. In Oregon, C.
levisecta historically occurred in the grasslands and prairie of the
Willamette Valley; the species has been extirpated from all of these
sites as the habitat has disappeared. The area around the type locality
at Mill Plain, Washington, was converted to pasture and orchards some
time after the plant was first collected there in 1880. Housing
developments currently occupy the site (Sheehan and Sprague 1984).
Castilleja levisecta is now known from 10 extant populations. Seven
occur in Washington: one just south of Olympia in Thurston County, five
on Whidbey Island in Island County, and one on San Juan Island in San
Juan County. In British Columbia, Canada, three populations exist: two
populations on islands off the southern coast of Vancouver Island and
one in the city of Victoria, Vancouver Island.
The southernmost population of Castilleja levisecta occurs at the
Rocky Prairie site south of Olympia, Washington, in Thurston County.
The site is owned by the Washington Department of Natural Resources and
is designated as a Natural Area Preserve that is managed primarily for
protection of C. levisecta and Aster curtus, and preservation of the
remnant native grassland community (R. Schuller, pers. comm., 1991). In
1983, the time of the last complete census, 15,000 plants were
sporadically distributed throughout the 15-hectare (ha) (37-acre (ac))
site. A fire in 1985 eliminated the southernmost patch of C. levisecta,
and the population was estimated to be about 7,000 plants in 1991 (R.
Schuller, pers. comm., 1991). A population census at this burned area
in 1993 revealed approximately 2,000 plants (Schuller, pers. comm.,
1994).
Five populations are located on the north half of Whidbey Island,
Island County, in Puget Sound. The largest of these occurs near Forbes
Point on the west side of Crescent Harbor and is owned by the
Department of Defense (Whidbey Island Naval Air Station). Navy
personnel conducted a census of Castilleja levisecta in 1985 and
counted more than 10,000 stems at the site (Clampitt 1985). The
population was monitored in 1990, when it was estimated to be in the
thousands, and again in 1991, when a reduction in density of about 25
percent was observed. The site was mapped and measures about 20 by 60 m
(66 by 197 ft) (Matt Klope, Whidbey Island Naval Air Station, pers.
comm., 1992).
A second population on Whidbey Island is located at Fort Casey
State Park where approximately 120 plants occur on a 0.04 ha (0.10 ac)
site (John Gamon, Botanist, Washington Natural Heritage Program, pers.
comm., 1994). This State-owned historic site is managed as a park for
recreational use (Ken Hagerman, Fort Casey State Park Manager,
Washington Department of Parks, pers. comm., 1991).
A third Whidbey Island population of Castilleja levisecta occurs on
the Bocker Environmental Preserve. This population occurs on two sites:
one is 60 by 150 m (197 by 492 ft) on the Preserve, and a second is
adjacent to the Preserve in a 4-square m (43-square ft) area. In 1993,
273 individuals existed (J. Gamon, pers. comm., 1994). The Preserve is
owned by Seattle Pacific University and is used for environmental
education courses (Keith Ludemann, Environmental Education Supervisor,
Bocker Environmental Preserve, pers. comm., 1992).
A fourth Whidbey Island population occurs at Ebey's Landing, where
300 to 400 plants are found in a 10 by 30-m (33 by 98-ft) area (Sheehan
and Sprague 1984). This site is privately owned.
The fifth Whidbey Island population of Castilleja levisecta is
located at West Beach, at a site approximately 0.66 ha (1.6 ac) in
size. The property is privately owned and is adjacent to a county road.
In 1991 it supported 10 to 20 plants (M. Klope, pers. comm., 1991),
down from about 200 in 1984 (Sheehan and Sprague 1984). In a letter to
the Island County engineer, a citizen reported that roadside
maintenance activities by the county had resulted in the elimination of
the population (Steve Erickson, Whidbey Environmental Action Network,
in litt., 1991). Subsequent field inspection by Washington Natural
Heritage Program staff confirmed that the population had been reduced
to about five plants; however, the cause of the plant's decline at this
site is unknown (Mark Sheehan, Washington Natural Heritage Program, in
litt., 1992).
The final U.S. population occurs on San Juan Island (San Juan
County), and is located on a privately owned parcel near the Mar Vista
Resort at False Bay. The site is approximately 4.3 by 3.0 m (14.1 by
9.8 ft) in size, and is comprised of 20 to 25 plants (Mark Sheehan,
pers. comm., 1991; Sheehan and Sprague 1984).
Three extant populations of Castilleja levisecta occur near
Victoria, British Columbia, Canada. One population is located on Alpha
Islet, consisting of 200 to 300 plants, and is under the management of
the Ministry of Parks. A second population, estimated at several
thousand plants, in an area of about 2.3 ha (5.7 ac), is located on the
Trial Islands and is currently managed by the Ministry of Parks as an
Ecological Reserve. A third site consists of one clump (fewer than 10
plants) and was known to occur at Beacon Hill Municipal Park within the
city of Victoria (Adolf Ceska, Curator of Botany, Royal British
Columbia Museum, pers. comm., 1991). The current status of the Beacon
Hill population is unknown.
Castilleja levisecta is threatened by habitat modification through
succession of grassland to shrub and forest habitat, and low potential
for expansion and refugia due to constriction of habitat. In addition,
because the current distribution of the species has been greatly
reduced from the historic distribution, the species is vulnerable to
other threats such as collecting by recreational users, reduced vigor
and reproductive potential due to predation, interspecific competition
with native and exotic woody species, and a reduced ability to recover
from catastrophic natural or human-caused events, such as catastrophic
fire or accidental chemical spills from an adjacent highway and
railroad. Two sites are vulnerable to potential residential or
commercial development.
Previous Federal Action
Federal action on this species began when the Service published a
notice of review for plants on December 15, 1980 (45 FR 82480). In this
notice, Castilleja levisecta was included as a category 1 candidate.
Category 1 candidates are those species for which the Service has on
file substantial information on biological vulnerability and threats to
support preparation of listing proposals. Pending completion of updated
status surveys, the status was changed to category 2 in the November
28, 1983, supplement to the Notice of Review (45 FR 53640). Category 2
candidates are those species for which information in possession of the
Service indicates that proposing to list as endangered or threatened is
possibly appropriate, but for which conclusive data on biological
vulnerability and threat are not currently available to support a
proposed rule. C. levisecta remained a category 2 candidate in the
September 27, 1985, Notice of Review for plants (50 FR 39526). In the
February 21, 1990, Notice of Review (55 FR 6184), C. levisecta was
elevated to category 1 status, based on additional data collected by
the Washington Natural Heritage Program. The species remained in
category 1 in the September 30, 1993, Notice of Review for plants.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1533) and
regulations (50 CFR part 424) promulgated to implement the listing
provisions of the Act set forth the procedures for adding species to
the Federal Lists. A species may be determined to be an endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1) of the Act. These factors and their application to
Castilleja levisecta Greenman (golden paintbrush) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Historic loss of prairie/grassland habitat in the Puget Trough has
reduced the range of Castilleja levisecta, and habitat loss continues
to be the primary threat to remaining populations. Currently,
encroachment by native and exotic woody species, as discussed in more
detail under Factor E, is the primary cause of this habitat
modification.
Development for residential or commercial use is a potential threat
at two of the privately owned sites, West Beach and False Bay. The
False Bay site is adjacent to a resort that may be sold in the near
future, which ultimately may lead to expansion (M. Sheehan, pers.
comm., 1991). The West Beach site is surrounded by residences and may
be developed in the future. Although no plans for development have been
initiated so far at these sites, the habitat for these two populations
remains vulnerable to threats due to the adjacency to areas that
receive high human use, and to the potential for development on these
privately owned commercial and residential sites.
In recent history, fire suppression played a critical role in the
reduction of grassland habitat in the Puget Trough and, therefore, in
the reduction in numbers and sizes of Castilleja levisecta populations.
A large, high intensity fire at any of the remaining sites where C.
levisecta occurs could potentially eliminate populations, though the
Service is unaware of permanent extirpations of this species due to
fire. The ecology of the species should be studied further to determine
the relationship between its habitat needs and fire, the effects of
fire on reproductive viability, and the subsequent success of
recruitment from outside burned areas.
The Washington Department of Natural Resources is conducting some
experimental burning, and the Navy has also expressed interest in
conducting burns (R. Schuller, M. Klope, pers. comm., 1991). Fire is a
potential tool for maintaining and expanding habitat, however, because
Castilleja levisecta has been reduced to 10 disjunct populations, and
the potential for recruitment from other populations is low. The use of
fire must be carefully considered to avoid the potential for
extirpations. Interspecific competition and the role of fire in
maintaining C. levisecta habitat are overlapping factors (see Factor
E).
Loss of suitable habitat from either encroachment of woody species
or development in the areas surrounding the disjunct populations
prevents expansion of the species and affords no refugia in the case of
catastrophic events that affect existing populations. Because the
grassland habitat in the areas surrounding the existing populations has
been lost, it is doubtful that the populations would expand naturally.
Thus, the continued existence of Castilleja levisecta is threatened by
the absence of available habitat for recruitment and colonization.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Castilleja levisecta has no known commercial use. Because of its
showy golden-yellow bracts, recreational users may pick flowers at
public sites. Fort Casey State Park, Bocker Environmental Preserve,
Forbes Point, and Beacon Hill Municipal Park are sites of high levels
of public use; collection and trampling are potential threats at these
sites (see Factor E). For example, Fort Casey State Park receives a
high amount of recreational use, and the potential for overcollection
is considered a genuine threat. Visitor use has increased within the
last decade, and park users have been observed picking the flowering
plant at Fort Casey State Park (K. Hagerman, pers. comm., 1991). Once
numbering over 500 plants (Hagerman, pers. comm., 1991), the Fort Casey
State Park population had significantly declined to approximately 120
individuals by 1993 (J. Gamon, pers. comm., 1994). Some taxa have
become vulnerable to collection by curiosity seekers as a result of
increased publicity following publication of a listing proposal.
C. Disease or Predation
Disease is not known to be a factor threatening Castilleja
levisecta. Populations may have been reduced from historical levels by
grazing by livestock and browsing by rabbits (Sheehan and Sprague
1984). Browsing of the tops of C. levisecta plants, probably by rabbits
and/or deer, has been observed at the Bocker Environmental Preserve.
The effect of that browsing is unknown, although presumably it could
affect seed number and reproductive viability (K. Ludemann, pers.
comm., 1991). Grazing by livestock and exotic feral rabbits also
threatens the False Bay population (Sheehan and Sprague 1984). In 1990
and 1991 at the Forbes Point site, Klope (pers. comm., 1991) observed
heavy predation on herbaceous material and seeds by rodents. Signs of
predation also were noted there in 1984 and 1985 (Clampitt 1985), which
may be reducing the reproductive potential at that site.
The Rocky Prairie Natural Area Preserve population of Castilleja
levisecta has historically harbored a population of the Whulge
checkerspot butterfly (Euphydryas editha taylori), a state sensitive
species, which is a potential seed predator. Because C. levisecta is
not a specific host and no individual butterflies were observed at the
site in 1991, the threat is probably low at this time (Mark Sheehan,
pers. comm., 1991). Though several species of caterpillar were known to
prey on C. levisecta (Sheehan and Sprague 1984, Evans et al. 1984),
they do not currently pose a threat (R. Schuller, pers. comm., 1991).
Predation by native species is one of the natural pressures
historically faced by Castilleja levisecta, but populations that have
been reduced due to other factors are very vulnerable to decline and
are less able to rebound after periods of heavy predation.
D. The Inadequacy of Existing Regulatory Mechanisms
No legal mechanism for the protection of Castilleja levisecta or
its habitat exists. The species is listed as endangered by the
Washington Natural Heritage Program (Washington Natural Heritage
Program 1990), and as a category R4 species (restricted distribution,
large population) by the province of British Columbia (A. Ceska, pers.
comm., 1991). Four sites are included among the Natural Heritage
Program's Registry of Natural Areas (L. Smith, pers. comm., 1991). The
Rocky Prairie site was acquired by the Washington Department of Natural
Resources for the purpose of protection of C. levisecta and Aster
curtus, a Federal category 2 candidate (R. Schuller, pers. comm.,
1991). All of these designations are important because they recognize
the sensitive status of the species and encourage land managers and
agencies to consider the species in management plans; however, they
provide no protection under the law. Therefore, changing land
management priorities or inadequate funding for protection could leave
the species vulnerable at many of the sites.
Except for the Rocky Prairie Natural Area Preserve population, all
publicly owned Castilleja levisecta populations are managed for
purposes other than plant preservation. Thus, when conflicts between
those purposes and management of the species arise, the primary
function likely will take priority.
The Rocky Prairie Natural Area Preserve population has the highest
level of protection of the 10 sites. Existing on State-owned property
actively managed for plant conservation, this is the only site with
known efforts to eliminate non-native species, including prescribed
burning and hand removal of invasive plants. Efforts by the Washington
Department of Natural Resources to eliminate the invasive Cytisus
scoparius at this site are voluntary, and not based in governmental
statutory requirements; hence, State regulatory protection is not
ensured. The long-term viability of the population continues to face
threats from invasion of woody species and potentially catastrophic
events, such as accidental spills from the nearby highway and railroad
or large, high intensity fires.
The Fort Casey population is also on publicly -owned land, the Fort
Casey State Park. Although present managers are employing limited
protective measures, the plant is vulnerable to picking (see Factor B)
and stochastic events due to the population's small size.
The Forbes Point population occurs on Federal land, on Whidbey
Island Naval Air Station. The Department of Defense is currently
participating in the Washington Registry of Natural Areas Program. A
Navy staff biologist has undertaken measures to evaluate the
population's status. Efforts have also been made to eradicate some
invasive alien species. However, funding for more aggressive means of
protecting the plant, such as fencing to preclude rodent predation and
human trampling, has not been available. Signs have been erected
designating the site as a research area, but there is no enforcement
against public use of this site, which receives considerable foot
traffic associated with a popular beach area nearby (M. Klope, pers.
comm., 1991).
The populations of Castilleja levisecta at Ebey's Landing and the
Bocker Environmental Preserve are also listed on the Washington
Registry of Natural Areas. Ebey's Landing is on private property
surrounded by the Ebey's Island Historic Reserve. The Bocker
Environmental Preserve, owned by Seattle Pacific University, is
currently managed as a natural area used for education purposes, and no
active management to retain grassland habitat exists. Although C.
levisecta is considered in the current management of the Historic
Reserve, the area is not managed specifically for the plant, and the
population is threatened by predation and invasion of woody species.
The West Beach and False Bay populations of the species are on private
property and receive no legal protection.
The Castilleja levisecta populations in Canada also receive no
regulatory protection. Legislation to protect endangered species has
been proposed to the British Columbia government, but currently no
Federal or Provincial law protects sensitive species. Trial Islands,
offshore from the city of Victoria, is designated as an Ecological
Reserve by the British Columbia Ministry of Parks. The small population
at Alpha Islet also is located within a designated Ecological Reserve.
However, this designation does not require specific management
recommendations for the plant. Because this designation is an
administrative one, it could potentially be reversed by administrative
decision, and the site could be used for other purposes (M. Sheehan,
pers. comm., 1990).
The third Canada population of Castilleja levisecta, at Beacon Hill
Municipal Park, is unprotected. The population consists of fewer than
10 plants and occurs in a portion of the park that receives heavy
recreational use (A. Ceska, pers. comm., 1991).
In summary, no comprehensive management plan exists for Castilleja
levisecta, and protection and recovery efforts have not been
coordinated among population sites. Therefore, regulatory mechanisms
are not adequate to ensure the continued existence of this species.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Grassland habitat has historically been maintained by periodic
fires that prevented encroachment of woody plant species (Sheehan and
Sprague 1984). Fire suppression in recent years has led to invasion of
grasslands by native species such as Pseudotsuga menziesii, Rosa sp.,
and Berberis aquifolim. Encroachment by non-native species such as
Cytisus scoparius and Hiracium pilosella also occurs. These species are
naturally invasive and tend to become the dominant species in areas
where they occur, competing with Castilleja levisecta for space and
nutrients.
Interspecific competition is a serious threat to the continued
existence of Castilleja levisecta. Loss of grassland habitat due to
invasion of woody species threatens the plant at the Rocky Prairie
Natural Area Preserve (R. Schuller, pers. comm., 1991), Bocker
Environmental Preserve (K. Ludemann, pers. comm., 1991), Ebey's Landing
(Jim Larson, Chief, Division of Natural Resources, National Park
Service, pers. comm., 1991), West Beach (Laura Smith, Associate State
Director, The Nature Conservancy, pers. comm., 1991), and Forbes Point
(M. Klope, pers. comm., 1991) sites. C. levisecta cannot survive under
a closed canopy, and species such as Pseudotsuga menziesii, Rosa sp.,
Berberis aquifolim, and the non-native Cytisus scoparius overtop
Castilleja levisecta. Those species may also outcompete C. levisecta
for root space and nutrients (Sheehan and Sprague 1984). The species
appears to be unable to compete successfully against species that tend
toward monoculture (J. Gamon, pers. comm., 1990).
Control of invasive species and the prevention of conversion of
habitat is difficult. Some efforts have been made to remove
interspecific competitors mechanically or by hand at the population
sites of Castilleja levisecta. However, the practice is expensive,
labor intensive, and dependent upon volunteer workers and discretionary
efforts by land managers (Sheehan and Sprague 1984; R. Schuller, K.
Hagerman, and M. Klope, pers. comm., 1991). At the Rocky Prairie
Natural Area Preserve site, volunteers associated with The Nature
Conservancy and the Washington Department of Natural Resources have
made efforts to control Cytisus scoparius, but it still remains a
threat.
The Castilleja levisecta habitat at four of the Whidbey Island
population sites (Fort Casey State Park, Forbes Point, Bocker
Environmental Preserve, and West Beach) are also threatened with the
succession of tree and shrub communities. If left unchecked,
encroachment of Rosa sp. will soon eliminate the population at the West
Beach site (L. Smith, pers. comm., 1991). Clampitt (1985) noted the
encroachment of several other aggressive plants, specifically Rubus sp.
(blackberry), Vicia sp. (vetch) and Trifolium sp. (clover) onto C.
levisecta habitat at Forbes Point. Invasive shrubs are succeeding in
competition with C. levisecta at the Bocker Environmental Preserve
site. Numbering over 1,200 individuals in 1984, by 1993 the population
had declined significantly to 273 individuals (J. Gamon, pers. comm.,
1994).
In 1985, approximately 10 percent of the Castilleja levisecta
population at the Rocky Prairie Natural Area Preserve site was burned
when a prairie fire was started by sparks from an adjacent railroad
line. Abundance of C. levisecta at the burned site was initially
reduced by about 85 percent within the burned area. Monitoring in
subsequent years has shown a slow recovery of numbers; in 1991 the
population was up to about 50 percent of its pre-fire density.
Experimental burning has since been used at that site to study the
effects of fire on C. levisecta, which is ongoing with no conclusive
results as yet (R. Schuller, pers. comm., 1991). While fire may
temporarily reduce the abundance of C. levisecta, it may also promote
the plant over time by maintaining open prairie habitat that would
otherwise become shrub and forest lands through natural succession.
Trampling by recreationists threatens the plant at several
locations. The few plants that occur at the Beacon Hill Municipal Park
site in Victoria are located in a heavily used area of the park. A
cross country ski event in 1991 apparently damaged the existing clump
of plants (A. Ceska, pers. comm., 1991). The Forbes Point site on
Whidbey Island is accessible to the public; clam diggers have been
observed walking through the Castilleja levisecta site (M. Klope, pers.
comm., 1991).
The isolation and small sizes of Castilleja levisecta populations
make the species vulnerable to extirpation from stochastic (i.e.,
random) events. Because of the disjunct distribution of the plant,
recolonization of a population following a catastrophic elimination is
unlikely. Genetic variability is also reduced in small, isolated
populations, and the chances of adapting to environmental change is
less likely.
Adjacent land use activities also threaten the species' survival.
Conversion of surrounding habitat to later successional stages and
conversion to development eliminate refugia, and limit the ability of
Castilleja levisecta to recolonize areas beyond the existing sites.
Threats from a railroad line, a highway, and a residential area
bordering the Rocky Prairie site include catastrophic fire and chemical
spills. Digging by domestic dogs from nearby subdivisions has destroyed
habitat within the enclosure at Rocky Prairie (R. Schuller, pers.
comm., 1991). Road maintenance adjacent to the West Beach site may have
destroyed that population (S. Erickson, in litt., 1991).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Castilleja levisecta as threatened. Threats to C. levisecta include
habitat destruction and modification through succession of prairie and
grassland habitats to shrub and forest lands; development of property
for industrial, residential and agricultural use; low potential for
expansion and refugia due to constriction of habitat; recreational
picking; predation; absence of legal mandates for protection of the
plant or its habitat; interspecific competition with native and exotic
woody species; and stochastic events due to the small size of the
populations and limited number of individuals.
Because many of the sites are designated as preserves or afforded
some level of protection through current management efforts, the
species is not currently in danger of extinction. However, because the
species' distribution is much reduced from historic records, and the
current sites face threats from the factors listed above, Castilleja
levisecta is likely to become endangered within the foreseeable future
throughout all or a significant portion of its range. The species
therefore fits the definition of threatened as defined by the Act.
Critical habitat is not being proposed for this species for reasons
discussed in the Critical Habitat section of this rule.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate
critical habitat concurrently with determining a species to be
endangered or threatened. The Service finds that designation of
critical habitat is not prudent for this species. Such a determination
would result in no known benefit to Castilleja levisecta. As discussed
above under Factor B in the Summary of Factors Affecting the Species,
C. levisecta is vulnerable to taking. Publication of precise maps and
critical habitat descriptions in the Federal Register would be likely
to increase the degree of threats from taking and vandalism, and would
increase enforcement problems. All involved parties and landowners have
been notified of the importance of the species' habitat. Protection of
its habitat will be addressed through the recovery and section 7
consultation processes. Therefore, the Service finds that designation
of critical habitat for C. levisecta is not prudent at this time,
because a designation would increase the degree of threat from
vandalism, collecting, and other human activities, and because it is
unlikely to aid in the conservation of this species.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. Recovery efforts encourage communication and
cooperative efforts among various land managers and owners. The Act
provides for possible land acquisition and cooperation with the State
and requires that recovery actions be carried out for all listed
species. That would encourage protection and recovery efforts at Rocky
Prairie Natural Area Preserve and Fort Casey State Park, sites owned by
the State of Washington. The protection required by Federal agencies
and 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 designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer informally with the Service on any action that is likely to
jeopardize the continued existence of a proposed species or result in
destruction or adverse modification of proposed critical habitat. If a
species is subsequently listed, section 7(a)(2) requires Federal
agencies to insure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of a listed
species or to destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service. The population of Castilleja levisecta at Forbes Point occurs
on Federal land at Whidbey Island Naval Air Station. Any Federal
actions there would be subject to section 7 requirements.
The Act and implementing regulations found at 50 CFR 17.71 and
17.72 set forth a series of general prohibitions and exceptions that
apply to all threatened plants. With respect to Castilleja levisecta,
all trade prohibitions of section 9(a)(2) of the Act, implemented by 50
CFR 17.61, would apply. These prohibitions, in part, make it illegal
with respect to any endangered or threatened plant for any person
subject to the jurisdiction of the United States to import or export;
transport in interstate or foreign commerce in the course of a
commercial activity; sell or offer for sale this species in interstate
or foreign commerce; remove and reduce to possession the species from
areas under Federal jurisdiction; maliciously damage or destroy any
such species on any area under Federal jurisdiction; or remove, cut,
dig up, damage, or destroy any such endangered or threatened plant on
any other area in knowing violation of any State law or regulation or
in the course of any violation of a State criminal trespass law. Seeds
from cultivated specimens of threatened plant species are exempt from
these prohibitions provided that a statement of ``cultivated origin''
appears on their containers. Certain exceptions apply to agents of the
Service and State conservation agencies. The Act and 50 CFR 17.62 and
17.63 also provide for the issuance of permits to carry out otherwise
prohibited activities involving endangered and threatened plant species
under certain circumstances. It is anticipated that few trade permits
would ever be sought or issued because the species is not common in
cultivation or in the wild. Requests for copies of the regulations on
plants and inquiries regarding them may be addressed to the Office of
Management Authority, U.S. Fish and Wildlife Service, 4401 North
Fairfax Drive, Room 420C, Arlington, Virginia 22203-3507 (703/358-
2104).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat of this species should or should not be
determined to be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities and their possible impacts on
this species.
The final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal. The Endangered Species Act provides for a public
hearing on this proposal, if requested. Requests must be received
within 45 days of the date of publication of this proposal. Such
requests must be made in writing and sent to the Field Supervisor,
Boise Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
References Cited
Clampitt, C. 1985. Report: Census of Castilleja levisecta population
at Forbes Point. Prepared for L. Smith, The Nature Conservancy,
Washington Field Office, Seattle, Washington. 4pp.
Evans, S., R. Schuller, and E. Augenstein. 1984. A report on
Castilleja levisecta Greenman at Rocky Prairie, Thurston County,
Washington. Unpubl. Report to The Nature Conservancy, Washington
Field Office, Seattle, Washington. 56pp.
Greenman, J.M. 1898. Some new and other noteworthy plants of the
Pacific Northwest. Bot. Gaz. 25:261-269.
Heckard, L.R. 1962. Root parasitism in Castilleja. Bot. Gaz. 124:21-
29.
Hitchcock, C.L., and A. Cronquist. 1978. Flora of the Pacific
Northwest. Univ. of Washington Press, Seattle.
Sheehan, M., and N. Sprague. 1984. Report on the status of
Castilleja levisecta. Unpubl. Report submitted to the U.S. Fish and
Wildlife Service, Portland, Oregon. 82pp.
Washington Natural Heritage Program. 1990. Endangered, threatened
and sensitive vascular plants of Washington. Department of Natural
Resources, Olympia. Second printing. 52pp.
Authors
The primary author of this proposed rule is Alison Beck Haas, Boise
Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the family Scrophulariaceae, to the List of
Endangered and Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Species
------------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Scrophulariaceae--Sn
apdragon family:
* * * * * * *
Castilleja Golden paintbrush... U.S.A. (WA, OR), T ........... NA NA
levisecta. Canada (B.C.).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: April 25, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-11257 Filed 5-9-94; 8:45 am]
BILLING CODE 4310-55-P
