[Federal Register Volume 62, Number 112 (Wednesday, June 11, 1997)]
[Rules and Regulations]
[Pages 31740-31748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15245]
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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; Determination of
Threatened Status for Castilleja levisecta (Golden Paintbrush)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
threatened status pursuant to the Endangered Species Act of 1973, as
amended (Act), for the plant Castilleja levisecta (golden paintbrush).
This species once occurred from Oregon to Vancouver Island in British
Columbia, Canada. Ten populations of this plant now exist in open
grasslands ranging from south of Olympia in Thurston County,
Washington, north through the Puget Trough to southwest British
Columbia, Canada. Threats to the species include competition with
encroaching native and non-native plant species; habitat modification
through succession in the absence of fire; and grazing by herbivores.
Direct human-caused threats include conversion of habitat for
residential and commercial development, conversion to agriculture, and
possible damage associated with road maintenance. This rule implements
the Federal protections afforded by the Act for this plant.
EFFECTIVE DATE: July 11, 1997.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Western Washington
Office, North Pacific Coast Ecoregion, U.S. Fish and Wildlife Service,
510 Desmond Drive S.E., Suite 101, Lacey, Washington 98503-1273.
FOR FURTHER INFORMATION CONTACT: Dave Frederick, Supervisor, at the
above Lacey address (telephone 360/753-9440).
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 figwort family (Scrophulariaceae), C. levisecta typically
has 1 to 15 erect to spreading unbranched stems, reaches a height of 30
centimeters (cm) (12 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 1973). 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 less conspicuous. The species may be semi-
parasitic like other members of the genus Castilleja, possibly
requiring a host plant for seedling development in its native habitat
(Heckard 1962, Sheehan and Sprague 1984). However, greenhouse
experiments indicate it does not require a host to survive and flower
(Wentworth 1994).
The plant tends to grow in clumps. One genetic individual may
consist of 1 to 15 stems, making the determination of exact numbers of
individual plants in the field difficult. The number of stems per plant
varies site to site. In addition, researchers have used a variety of
census methods over the years. Therefore, population estimates can vary
and a consistent approach is needed. Experimentally designed sampling
surveys have been conducted where individual plants were tagged and
counted (Wentworth 1994). Year to year variation in population
densities can be high (G. Douglas, Conservation Data Center, British
Columbia Ministry of Environment, Lands and Parks, pers. comm. 1996;
Wentworth 1994).
Castilleja levisecta occurs in open grasslands at elevations below
100 meters (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
[[Page 31741]]
(Sheehan and Sprague 1984, Gamon 1995). Associated species include
Festuca idahoensis, F. rubra, Camassia quamash, Holcus lanatus,
Achillea millefolium, Pteridium aquilinum, Vicia spp., and Bromus spp.
(Gamon 1995). Frequent, low intensity fires can be important in
maintaining habitat for plant species such as C. levisecta.
Historically, periodic fires in the Puget Trough were instrumental in
maintaining native grassland habitat by limiting successional
encroachment of trees and shrubs (Agee 1993, Kruckeberg 1991, 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,
Gamon 1995). In 1984, the Service granted funding to the Washington
Natural Heritage Program (Washington Department of Natural Resources)
to conduct 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, Gamon 1995). Many populations were
found to be extirpated due to 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, Gamon 1995).
Western Oregon and Washington (and southern Vancouver Island) have
a maritime climate, characterized by wet, mild winters and cool,
relatively dry summers. Annual precipitation averages 800 to 1350 mm
(31 to 53 in) in the Puget-Willamette Trough (Sheehan and Sprague
1984).
Castilleja levisecta is now known from 10 extant populations. Eight
populations occur in Washington--1 population south of Olympia in
Thurston County, 5 populations on Whidbey Island in Island County, 1
population on San Juan Island in San Juan County, and 1 population on
Lopez Island, Island County. The Lopez Island population consisted of 4
plants in May 1996 (J. Wentworth, Washington Natural Heritage Program,
Botanist, pers. comm. 1996). A population of fewer than five
individuals likely is not viable (J. Gamon, Washington Natural Heritage
Program, scientist, pers. comm. 1996). In British Columbia, Canada, 2
populations exist on islands off of the southern coast of Vancouver
Island (Ryan and Douglas 1994). A historic population at Beacon Hill in
Victoria on Vancouver Island, British Columbia, Canada, has been
surveyed annually from 1991 through 1996. Three plants were observed in
1991 but subsequent surveys have not found any plants and the site is
presumed to be extirpated (Gamon 1995; G. Douglas, pers. comm. 1996).
The southernmost population of Castilleja levisecta occurs at the
Rocky Prairie site south of Olympia, in Thurston County, Washington.
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 (white-topped aster), and
conservation of the remnant native grasslands of Festuca idahoenis
(Idaho fescue) (J. Gamon, pers. comm. 1996). In 1983, the time of the
last complete census, 15,000 plants were sporadically distributed
throughout the 15-hectare (ha) (37-acre) site. A fire in 1985 reduced
the southernmost patch of C. levisecta, and in 1991 the total
population was estimated to be about 7,000 plants (R. Schuller, pers.
comm. 1991, 1996).
Five populations are located on the north half of Whidbey Island,
Island County, in Puget Sound. Three of these populations are located
within the administrative boundary of the Ebey's Landing National
Historic Reserve (Ebey's Landing, Fort Casey, and Bocker property), and
are managed by a private landowner, Washington State Parks, and Seattle
Pacific University, respectively.
The largest of the Whidbey Island populations occurs near Forbes
Point at Crescent Harbor and is owned by the Department of Defense
(Whidbey Island Naval Air Station). A census conducted for Castilleja
levisecta in 1985 counted more than 10,000 flowering stems at the site
(Clampitt 1985); the number of individual plants was not provided. 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. A census was completed in May 1995. The
population numbered 1,346 plants with 5,243 stems; approximately 50
percent of the 1985 total (Gamon 1995). The site has been mapped and
measures about 20 by 60 m (66 by 197 ft) (Matt Klope, Whidbey Island
Naval Air Station, pers. comm. 1996).
A second population on Whidbey Island is located at Fort Casey
State Park where approximately 230 plants occur on a 0.04-ha (0.10-
acre) site (Gamon 1995). The population declined from between 500 and
1,000 plants in the early 1980's, to 120 plants in 1993 (Gamon 1993;
Fayette Krause, The Nature Conservancy, in litt., 1994), and currently
harbors about 230 individuals (Gamon 1995). This State-owned historic
site is managed as a park for recreational use (Ken Hageman, Fort Casey
State Park Manager, Washington Department of Parks, pers. comm. 1994).
A third Whidbey Island population of Castilleja levisecta occurs on
and adjacent to the Bocker property. This population consists of 3
colonies--1 colony is 60 x 150 m (197 x 492 ft) on the property, a
second colony is adjacent to the property in a 4 m2 (43
ft2) area, and a third colony is located near the
``Admiral's'' house and covers an area of 4.5 x 9 m (15 x 30 ft). In
1996, 306 individual plants existed (Wentworth, pers. comm. 1996), down
from an estimated 1,200 plants in the mid-1980's (Krause, in litt.
1994). The property is owned by Seattle Pacific University and is used
for environmental education courses (Keith Ludemann, Environmental
Education Supervisor, Bocker Environmental Preserve, pers. comm. 1992),
but no covenants or other restrictions on the property exist that
prevent development.
A fourth Whidbey Island population occurs at Ebey's Landing in a
10-20 m x 100 m (33-66 ft x 328 ft) area. This population on private
land was estimated to be from 300 to 400 plants in 1984 (Sheehan and
Sprague 1984) and more than 4,000 individuals in 1993 (Sheehan, in
litt., 1994; Gamon 1995). Differences in estimation techniques, such as
counting individuals rather than flowering stems and estimates based on
sampled population density are thought to contribute to the differences
in population estimates between 1984 and 1993.
The fifth Whidbey Island population of Castilleja levisecta is
located at West Beach, on a site less than 0.40 ha (1 acre) in size.
The property is privately owned and is bisected by a county road. In
1991, the east side of the road supported 10 to 20 plants (M. Klope,
pers. comm. 1991), whereas the entire West Beach population was
estimated at approximately 200 plants in 1984 (Sheehan and Sprague
1984). A 1993 census of the site found 496 plants, while the 1995
census counted 550 plants west of the road (Gamon 1995). The apparent
increase in this population may represent (1) a real increase in the
population, (2) natural year-to-year fluctuation in population size,
(3) differences in the way
[[Page 31742]]
individual plants were determined between 1993 and 1995, or (4) a more
complete count was conducted in 1995. 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 plants on the east
side of the road (Steve Erickson, Whidbey Environmental Action Network,
in litt., 1991). Subsequent field inspection by Washington Natural
Heritage Program staff confirmed that the population on the east side
of the road had been reduced to about five plants; however, the direct
cause of the decline east of the road is unknown (Sheehan, in litt.,
1992; 1994).
The population on San Juan Island (San Juan County) is located on a
privately owned parcel near the Mar Vista Resort at False Bay. The site
is less than 1 acre in size, and supports a population of 128 plants
(Gamon 1995).
The remaining population of Castilleja levisecta from the United
States is on private land at Davis Point on Lopez Island, Island
County, Washington. When first discovered in 1994, this occurrence
consisted of a single plant. A census conducted in May 1996 found four
plants. The viability of this population is questionable. Recently
located photographic evidence from within the last 2 decades but prior
to 1994, indicates the population was historically larger, with an
estimated population size of approximately 100 plants. However, the
area is now dominated by non-native grasses that likely have
outcompeted C. levisecta at the site (Sheehan, in litt. 1994; J.
Wentworth, pers. comm. 1996).
Two extant populations of Castilleja levisecta occur in British
Columbia, Canada, on small islands near Victoria. Historically, C.
levisecta was documented from nine sites on southeastern Vancouver
Island, and on two adjacent islands. All but the two populations found
on islands are extirpated or of unknown status but likely have been
extirpated (Ryan and Douglas 1994). One population is located on Alpha
Islet, consisting of 1,000 plants in an area of 100 m2 (33 by 33 ft),
and is under the management of the Ministry of Parks (Ryan and Douglas
1994). A second population, estimated at 2,560 plants, in an area of
about 0.5 ha (1.2 acre), is located on the Trial Islands and is
currently managed by the Ministry of Parks as an Ecological Reserve (G.
Douglas, pers. comm. 1996).
Castilleja levisecta is threatened by habitat modification through
succession of grassland to shrub and forest habitat. Potential for
expansion and persistence of refugia is low due to reduction of
habitat. In addition, because the current distribution of the species
has been greatly fragmented and reduced from the historic distribution,
the species is vulnerable to other threats such as interspecific
competition with native and alien woody species, reduced vigor and
reproductive potential due to grazing by herbivores, and trampling or
collecting during public recreational use of sites. Five sites are
vulnerable because they are zoned for residential development or
commercial use.
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 were formerly designated as those species for
which the Service had on file substantial information on biological
vulnerability and threats to support preparation of listing proposals,
but for which listing proposals had not been prepared due to other
higher priority listing actions. Pending completion of updated status
surveys, the status was changed to category 2 in the November 28, 1983,
supplement to the Notice of Review (48 FR 53640). Category 2 candidates
were formerly designated as those species for which information in
possession of the Service indicated that proposing to list as
endangered or threatened was possibly appropriate, but for which
conclusive data on biological vulnerability and threat were not
currently available to support a proposed rule. Castilleja 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. On May 10, 1994, the Service published in
the Federal Register (59 FR 24106) a proposal to list C. levisecta as
threatened. The Service noted that the species was a proposed
threatened species in the February 28, 1996, Notice of Review for
Plants and Animals (61 FR 7596).
The 1994 proposal to list Castilleja levisecta as threatened was
based primarily on information contained in status reports prepared by
the Washington Natural Heritage Program and on personal communications
with knowledgeable resource scientists and site managers. The comment
period, originally scheduled to close on July 11, 1994, was extended
for 30 days in a July 7, 1994, Federal Register publication (59 FR
34784) and closed on August 11, 1994.
The processing of this final rule conforms with the Service's
listing priority guidance published in the Federal Register on December
5, 1996 (61 FR 64475). The guidance clarifies the order in which the
Service will process rulemakings following two related events--1) The
lifting, on April 26, 1996, of the moratorium on final listings imposed
on April 10, 1995 (Pub. L. 104-6), and 2) the restoration of 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 giving highest priority to handling emergency
situations (Tier 1) and second highest priority (Tier 2) to resolving
the listing status of the outstanding proposed listings. This final
rule falls under Tier 2. At this time there are no pending Tier 1
actions. This rule has been updated to reflect any changes in
distribution, status and threats since the effective date of the
listing moratorium. This additional information was not of a nature to
alter the Service's decision to list the species.
Summary of Comments and Recommendations
In the May 10, 1994, proposed rule (59 FR 24106) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final rule. Appropriate Federal and State agencies, county governments,
scientific organizations, The Nature Conservancy, and other interested
parties were contacted and requested to comment. The Service published
newspaper notices in The Seattle Times, The Olympian, The Whidbey News
Times, The Centralia Chronicle, and The Journal of the San Juan Islands
on July 13, 1994, inviting general public comment. Eleven comments,
including those of one Federal agency (National Park Service), one
State agency (Washington Department of Natural Resources Natural
Heritage Program), one county agency, three conservation organizations,
one university, two Canadian agencies, and two individuals, were
received during the open comment period. All commenters supported the
listing of Castilleja levisecta under the Endangered Species Act.
[[Page 31743]]
Several commenters provided information on the status of various
populations of Castilleja levisecta that updated the information
presented in the proposed rule. That information has been incorporated
into the Background and Summary of Factors sections of this final rule.
The primary issue of concern raised by commenters is the Service's
intent to list this species as threatened rather than endangered. The
five commenters that raised this issue all believe that endangered
designation more accurately reflects the status of C. levisecta.
Several arguments were expressed to support the contention that
endangered status is warranted for Castilleja levisecta. Commenters
stated that few populations of this species can be considered secure,
even though several sites are designated as preserves or parks; the 2
populations at Fort Casey State Park and the Bocker property have
documented declines; 5 privately owned sites (False Bay, Davis Point,
Bocker property, Ebey's Landing, and West Beach) have the potential for
development; populations in British Columbia, Canada, should not be
assumed to be secure because the Service has little if any influence
over how these populations are managed; the number of populations is
down from at least 30 to only 10; and sites with fewer than 10 to 30
plants likely are not viable populations. The Service responds to the
issue of preferred status as follows.
The Service considered several factors in proposing threatened
status for Castilleja levisecta, including the number of populations,
number of plants, rate of decline, distribution of the populations,
current management of populations, and availability of techniques for
reversing the decline. Castilleja levisecta was historically reported
from more than 30 sites in Washington, Oregon, and British Columbia;
today 10 sites are extant. These 10 sites are distributed in 3 counties
in Washington and two islands in British Columbia, Canada. Five of the
10 extant populations contain 1,000 or more plants. Though 2
populations have declined in number by over 50 percent in the last
decade, 2 populations contain higher numbers of plants than reported in
the proposed rule. Active management to benefit C. levisecta is
occurring at 4 sites (Rocky Prairie, Fort Casey, Forbes Point and West
Beach). The Service agrees that designation of sites as preserves or
parks does not in and of itself guarantee the reduction or removal of
threats to a species such as C. levisecta. However, these designations
do afford some level of protection against certain threats such as
destruction of habitat, and can provide greater potential for
implementing conservation measures to benefit the plant. With half the
populations containing significant numbers of plants (i.e., 1,000 or
greater), and the distribution spread across several counties in the
United States and into southwestern Canada, the Service believes that
threatened status is appropriate for C. levisecta.
Peer Review
The Service solicited the expert opinions of appropriate and
independent specialists regarding pertinent scientific or commercial
data relating to the biological and ecological information for
Castilleja levisecta. Comments provided by John Gamon and Jane
Wentworth, botanists with the Washington Department of Natural
Resources' Natural Heritage Program were incorporated into the final
rule. Mr. Gamon and Ms. Wentworth provided information supporting the
position of the Service that C. levisecta was threatened by several
factors at each occurrence of the species found in western Washington.
Dr. George Douglas, Director, Conservation Data Center, Victoria,
British Columbia, provided information supporting the position of the
Service that C. levisecta was facing several threats at the two
occurrences found in British Columbia, Canada.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Castilleja levisecta should
be classified as a threatened species. Procedures found at section 4 of
the Endangered Species Act (16 U.S.C. 1533) and regulations
implementing the listing provisions of the Act (50 CFR part 424) were
followed. A species may be determined to be an endangered or threatened
species due to one or more of the five factors described in section
4(a)(1). These factors and their application to C. 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 and
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
alien 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 five of the privately owned sites, False Bay, Davis Point, Bocker
property, Ebey's Landing and West Beach. The three sites on Whidbey
Island (Bocker property, Ebey's Landing and West Beach) are zoned for
residential development (County Planning, Island Co. pers. comm. 1996).
The site on San Juan Island (False Bay) is designated rural (Planning
Department, San Juan Island County, pers. comm. 1996), indicating that
the area is dominated by agricultural, forestry and recreational uses
and can be used for the extraction of sand, gravel, and mineral
deposits. This designation also allows residential development. The
Davis Point population on Lopez Island is ``designated conservancy''
(Planning Department, San Juan Island County, pers. comm., 1996), which
allows the construction of homes and the management of resources on a
sustained-yield basis. Although no plans for development have been
initiated at these sites, the habitat for these populations remains
vulnerable to threats from adjacent areas that receive high human use
(see Factor E for a more detailed discussion), and to the potential for
development on these privately owned sites.
In recent history (since 1850), the suppression of fire has played
a critical role in the reduction of grassland habitat in the Puget
Trough (Kruckeberg 1991) and, therefore, in the reduction in numbers
and sizes of Castilleja levisecta populations. In contrast, a large,
high intensity fire at any of the remaining sites where C. levisecta
occurs may eliminate populations, although the Service is unaware of
permanent extirpations of this species due to fire.
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, C. levisecta is vulnerable
to picking and collection at public sites. Fort Casey State Park,
Bocker property, and Forbes Point are
[[Page 31744]]
sites with high levels of public use where collection and/or trampling
are threats (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 (K. Hageman, pers. comm. 1994). Once numbering over 500 plants
(Hageman, pers. comm. 1994; Krause, in litt. 1994), the Fort Casey
State Park population had declined to approximately 230 individuals by
1995 (J. Gamon 1995; Krause, in litt. 1994). Castilleja levisecta may
become vulnerable to collection by concerned citizens, amateur
botanists and the general public as a result of increased publicity
following publication of the final rule.
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 rabbits (Sheehan and
Sprague 1984, Gamon 1995, J. Wentworth, pers. comm. 1996). Grazing of
the flowering stems of C. levisecta, probably by rabbits and/or deer,
has been observed at the Bocker property. Though the effect is unknown,
presumably grazing affects seed number and reproductive viability (K.
Ludemann, pers. comm. 1991; J. Wentworth, pers. comm. 1996)). Livestock
and exotic feral rabbits also graze the False Bay population (Sheehan
and Sprague 1984). In 1990 and 1991 at the Forbes Point site, Klope
(pers. comm. 1996) observed heavy predation on herbaceous material and
seeds by rodents. Grazing also was noted at Forbes Point in 1984 and
1985 (Clampitt 1985), which may be reducing the reproductive potential
at that site. At Fort Casey State Park, all flowering stems of a small
colony of C. levisecta were eaten by rabbits during the spring of 1996,
thus eliminating seed set and reproduction for the current year (J.
Wentworth, pers. comm. 1996).
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 that 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 likely low (M. Sheehan, pers. comm. 1991; F.
Krause, The Nature Conservancy, pers. comm. 1996). Insect larvae have
been observed feeding on inflorescences (flowering parts) of C.
levisecta (Gamon 1995). Although several species of caterpillar were
known to prey on C. levisecta (Sheehan and Sprague 1984, Evans et al.
1984), they are not believed to currently pose a threat (J. Wentworth,
pers. comm. 1996).
Predation (grazing and seed predation) by native species is one of
the natural pressures historically faced by Castilleja levisecta, but
populations that have been reduced or stressed due to other factors are
more vulnerable to decline and are less able to rebound after periods
of heavy predation.
D. The inadequacy of existing regulatory mechanisms. Currently, no
regulatory mechanism provides for the protection of Castilleja
levisecta or its habitat. Castilleja levisecta is listed as endangered
by the Washington Natural Heritage Program (Washington Natural Heritage
Program 1994). However, no State Endangered Species Act exists for
plants in Washington and no legal protection is provided by the
Washington Natural Heritage Program listing classification of
endangered. The province of British Columbia uses The Nature
Conservancy's rating system and has designated C. levisecta as a
category G1S1 species (critically imperilled due to extreme rarity or
because of vulnerability to extinction, and with typically less than 5
occurrences) (G. Douglas, pers. comm. 1996). Four sites are included
among the Natural Heritage Program's Registry of Natural Areas (Laura
Smith, Associate Director, The Nature Conservancy, Washington State
Office, pers. comm. 1996). All of these designations are important
because they recognize the sensitive status of the species and
encourage private land owners and management agencies to consider the
species in management plans; however, they provide no legal protection.
Therefore, changing land management priorities or inadequate funding
for protection could leave the species vulnerable at several of the
sites.
The Rocky Prairie Natural Area Preserve population has the highest
level of protection of the 10 sites. This State-owned site has been
actively managed to eliminate alien species, including the use of
prescribed burning and hand removal of invasive plants. Seven acres of
the encroaching Douglas-fir (Pseudotsuga menziesii) were directionally
felled and removed from Rocky Prairie during the winter of 1996. This
effort was accomplished through a cooperative agreement between the
Service's Washington State Ecosystems Conservation Program and the
Washington Department of Natural Resource's Natural Heritage Program.
Despite these efforts to restore prairie composition and structure by
reducing shade onto the site and improve the conditions of the native
prairie habitat, continued funding of restoration cannot be assured.
Additionally, efforts by the Washington Department of Natural Resources
to eliminate the invasive Cytisus scoparius (Scotch broom) and
Hieracium pilosella (mouse-ear hawkweed) at this site are voluntary and
not statutorially required. This population continues to face threats
from invasion of woody species.
Another publicly-owned population occurs in Fort Casey State Park.
Park managers have implemented vegetation management measures (mowing,
clipping and removing vegetation) to improve the conditions of the
grassland habitat, and protective measures (fencing) to restrict
trampling the Castilleja levisecta plants. However, the plant continues
to be vulnerable to encroaching vegetation, picking (see Factor B),
trampling, grazing and seed predation.
The Forbes Point population occurs on Federal land at Whidbey
Island Naval Air Station. The Department of Defense is participating in
the Washington Registry of Natural Areas Program. A Navy staff
biologist has undertaken measures to evaluate the status of the
population. Efforts have also been made to eradicate some invasive non-
native species. A fence has been constructed to restrict people
trampling or picking the plants and to keep rabbits from browsing
Castilleja levisecta; however, rodents still enter the fenced area and
consume seed (M. Klope, pers. comm. 1996). Signs have been erected
designating the site as a research area, but the Navy does not prohibit
public use of this site, which receives occasional foot traffic
associated with a nearby popular beach (M. Klope, pers. comm. 1996).
The populations of Castilleja levisecta at Ebey's Landing and the
Bocker property are also listed on the Washington Registry of Natural
Areas. Ebey's Landing is on private property within the designated
boundary of Ebey's Landing National Historic Reserve. The Bocker
property, owned by Seattle Pacific University, is currently managed as
a natural area used for education purposes with no active management to
retain grassland habitat. The Bocker property is also located within
the designated boundary of Ebey's Landing National Historic Reserve.
Although C. levisecta is considered in the current management of the
Historic Reserve, management is not specifically directed toward the
long-term conservation of the plant. As a result, the population is
threatened by predation and invasion of native Douglas-fir and alien
woody plants.
[[Page 31745]]
Ebey's Landing, Bocker property, West Beach, Davis Point, and False Bay
populations of the species are on private property and receive no legal
protection.
The Ebey's Landing National Historic Reserve was established by the
combined efforts of the local land owners, the National Park Service,
and the U.S. Congress to give recognition to the local land owners for
maintaining their dwellings and landscapes in a specific historic
fashion. The Historic Reserve designation serves as a form of covenants
that restrict the type of landscaping and architectural design used for
the maintenance or remodeling of any existing structures or the
construction of new structures within Ebey's Landing National Historic
Reserve. The National Historic Reserve designation does not prohibit
development or extraction of natural resources and provides no
protection for biological resources. The National Park Service's
jurisdiction over Ebey's Landing National Historic Reserve is only
advisory in nature and is limited to providing technical assistance to
State and local governments and local land owners in the management,
protection, and interpretation of the Historic Reserve (Gretchen
Luxenberg, National Park Service, pers. comm. 1997; Curt Soper,
Director of Agency Relations, The Nature Conservancy, pers. comm. 1997;
Stacey Tucker, Island County Planning and Community Development
Department, pers. comm. 1997).
The Castilleja levisecta populations in Canada 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. The Trial
Islands, offshore from the city of Victoria, are 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. Ecological Reserves are protected areas that
generally require permits for entry and do not allow consumptive
activities, like plant collection or other activities destructive to
resources (L. Ramsey, Conservation Data Center, Ministry of
Environment, Lands and Parks, British Columbia, pers. comm. 1997).
However, the Ecological Reserve 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
(G. Douglas, pers. comm. 1996).
In summary, most populations occur in areas designated as reserves
or parks; 4 sites receive active management to benefit the species and
help prevent habitat destruction. However, habitat management for
Castilleja levisecta is not assured nor coordinated among the various
population sites.
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; J. Agee, pers. comm. 1996). Fire suppression
in recent years has led to invasion of grasslands by native species
such as Douglas-fir, Rosa sp. (wild rose), and Berberis aquifolium
(barberry). Encroachment by alien species such as Cytisus scoparius and
Hieracium pilosella also occurs. These species are invasive and can
dominate some areas and compete with Castilleja levisecta for space,
light, and nutrients.
Interspecific competition is a serious threat to the continued
existence of Castilleja levisecta. Loss of grassland habitat due, in
part, to invasion of woody species threatens the plant at the Rocky
Prairie Natural Area Preserve (J. Wentworth, pers. comm. 1996; Krause,
in litt. 1994; Sheehan, in litt. 1994), Bocker property (K. Ludemann,
pers. comm. 1991; Krause, in litt. 1994; Sheehan, in litt. 1994; J.
Wentworth, pers. comm. 1996), Ebey's Landing (Jim Larson, Chief,
Division of Natural Resources, National Park Service, pers. comm. 1991;
J. Gamon pers. comm. 1996), West Beach (M. Mills, pers. comm. 1996;
Krause, in litt. 1994; Sheehan, in litt. 1994), and Forbes Point (M.
Klope, pers. comm. 1996; Krause, in litt. 1994; Sheehan, in litt. 1994)
sites. Castilleja levisecta cannot survive under a closed canopy, such
as that formed by Douglas-fir, wild rose, barberry and the alien
Cytisus scoparius. 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. 1996).
Four populations of Castilleja levisecta on Whidbey Island (Fort
Casey State Park, Forbes Point, Bocker property, and West Beach) are
also threatened with tree and/or shrub succession. If left unchecked,
encroachment of wild rose and Rubus sp. (blackberry) will eliminate the
population at the West Beach site (M. Mills, pers. comm. 1996).
Clampitt (1985) noted the encroachment of several aggressive plants
into C. levisecta habitat at Forbes Point, like blackberry, Vicia sp.
(vetch), and Trifolium sp. (clover). Invasive shrubs and Douglas-fir,
which shades out C. levisecta, are competing with C. levisecta at the
Bocker property site. Numbering over 1,200 individuals in 1984, the
population had declined to 295 individuals by 1995 (J. Gamon 1995).
While fire may improve the grassland habitat for Castilleja
levisecta, the impacts associated with fire prevention may be a threat.
An example of this took place August 9-11, 1996, in Thurston County,
Washington. A fire was ignited from the spark of a train that runs
adjacent to Rocky Prairie. The fire burned grasses and shrubs for
greater than 10 miles of the railroad right-of-way and emergency
vehicles were activated to suppress the fire. To access the fire
adjacent to Rocky Prairie, the fence surrounding Rocky Prairie Natural
Area Preserve was cut at two locations to allow access of fire
prevention vehicles. Vehicles ran directly over a portion of the C.
levisecta population, breaking and compacting individual plants. Damage
to plants and habitat are often the result of the fire suppression
activities associated with wildfires (James Agee, pers. comm. 1996).
Trampling by recreationists may threaten the plant at Fort Casey
State Park on Whidbey Island where paths had been worn into the soil
and pass directly through a Castilleja levisecta population. A
decorative fence erected in 1995 partially restricts foot traffic
through the C. levisecta population and trampling by the public at this
site has been reduced (J. Gamon, pers. comm. 1996), although invasion
by wild rose remains a threat. The few plants that formerly occurred in
Beacon Hill Municipal Park in Victoria were located in a heavily used
area of the park. Trampling by the public may have contributed to the
species extirpation at Beacon Hill (G. Douglas, pers. comm. 1996).
None of the private ownerships have been fenced or are otherwise
protected. The West Beach occurrence of Castilleja levisecta is
surrounded by beach front homes and foot traffic passes through the
population to access the beach. Adjacent property owners maintain their
lawns with fertilizers and herbicides. Aerial drift from these chemical
treatments that come in contact with C. levisecta is a potential
threat. Across Fort Casey Road from several new homes, the population
on the Bocker property is threatened by foot traffic. At False Bay,
several foot paths have been established through the population and
individual plants have been trampled. The only access to the
[[Page 31746]]
beach from the resort at False Bay is through the population. At Davis
Point, C. levisecta is found on a small patch within a 30-acre
overgrown lot; pasture grasses and wild rose are abundant and threaten
to overtake C. levisecta. This site has not been managed and the C.
levisecta population has declined from about 100 plants prior to 1994
to 4 individuals in 1996 (Wentworth 1996). The Ebey's Landing
occurrence is adjacent to a road on a steep hillslope overlooking the
ocean. Erosion and slumping have occurred on the slope and potentially
threaten the species at this location. Ebey's Landing is a recreation
area with foot paths leading to the plants and trampling has been
documented (Jane Wentworth, pers. comm. 1997).
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 list Castilleja
levisecta as threatened. Threats to C. levisecta include habitat
modification through succession of prairie and grassland habitats to
shrub and forest lands; development of property for commercial,
residential and agricultural use; low potential for expansion and
refugia due to constriction of habitat; recreational picking; and
herbivory.
Several of the sites are designated as preserves or afforded some
level of protection from certain threats through current management
efforts, and 50 percent of the populations contain 1,000 or more
individuals. The Service, therefore, believes the species is not
currently in danger of extinction. However, because the remaining
populations are threatened by the chronic factors described above, like
successional modification and potential development of its habitat,
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 provide no additional protection to Castilleja levisecta and
could increase the degree of threat to the species. As discussed above
under Factor B in the Summary of Factors Affecting the Species, C.
levisecta is vulnerable to collecting. Publication of precise maps and
critical habitat descriptions in the Federal Register would be likely
to increase the degree of threats from collecting and vandalism, and
would increase enforcement problems.
Critical habitat protections apply only to Federal actions and,
therefore, critical habitat provides no protection for populations
occurring on State or private land absent a Federal nexus. In addition,
even where such a nexus occurs, designation of critical habitat
generally provides no additional protection beyond that provided by
listing. In particular, even though three populations of Castilleja
levisecta located within the administrative boundary of Ebey's Landing
National Historic Reserve (the first population is on private property,
the second population is on State park land, and the third population
is owned by Seattle Pacific University), the enabling legislation
(National Parks and Recreation Act, 1978, P.L. 95-625, section 508)
that established Ebey's Landing National Historic Reserve does not
provide the National Park Service the authority to manage biological
resources on the private or State property within this National
Historic Reserve. The National Park Service's jurisdiction over Ebey's
Landing National Historic Reserve is only advisory in nature (G.
Luxenberg, National Park Service, pers. comm. 1997).
Critical habitat receives consideration under section 7 of the Act
with regard to actions carried out, authorized, or funded by a Federal
agency. As such, designation of critical habitat may affect non-Federal
lands only where such a Federal nexus exists. Federal agencies must
insure that their actions do not result in destruction or adverse
modification of critical habitat. Aside from this added consideration
under section 7, the Act does not provide any additional protection to
lands designated as critical habitat. Designating critical habitat does
not create a management plan for the areas where the listed species
occurs; does not establish numerical population goals or prescribe
specific management actions (inside or outside of critical habitat);
and does not have a direct effect on areas not designated as critical
habitat.
In addition, all involved parties and landowners have been notified
of the importance of the species' habitat. Protection of its habitat
can be addressed through the recovery and section 7 consultation
processes. Therefore, the Service finds that designation of critical
habitat for Castilleja levisecta is not prudent at this time, because a
designation would increase the threat posed by taking (i.e., vandalism,
collection) and other human activities, and because the designation of
critical habitat would not be beneficial to the 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 can encourage and result 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. Funding may be available through section 6 of the Act for the
State to conduct recovery activities. This may assist in 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. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) of the Act 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. If a
Federal action may affect a listed species, regardless of whether the
activity occurs on Federal or non-Federal lands, 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. Federal actions there
would be subject to section 7 requirements. The National Park Service
administers Ebey's Landing National Historic Reserve, where three
populations of C. levisecta are located on private lands. The National
Park Service's jurisdiction over the Reserve is advisory in nature.
[[Page 31747]]
However, in the event the National Park Service funded or carried out
any activities that may affect the species, it would be required to
consult with the Service. In addition, sections 2(c)(1) and 7(a)(1) of
the Act require Federal agencies to utilize their authorities in
furtherance of the purposes of the Act to carry out conservation
programs for endangered and threatened species.
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
any for any person subject to the jurisdiction of the United States to
import or export endangered or threatened plants; transport any such
plant in interstate or foreign commerce in the course of a commercial
activity; sell or offer for sale such species in interstate or foreign
commerce; remove and reduce such species to possession from areas under
Federal jurisdiction. 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, 17.63 and 17.72 also provide for
the issuance of permits to carry out otherwise prohibited activities
involving endangered and threatened plant species under certain
circumstances. 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.
The proposal incorrectly stated that the Act prohibits any person
from removing, cutting, digging up, damaging, or destroying any
endangered or threatened plant on areas that are not under Federal
jurisdiction in knowing violation of any State law or regulation or in
the course of any violation of a State criminal trespass law. This
prohibition under section 9(a)(2)(B) currently applies only to plant
species listed as endangered. Section 4(d) of the Act allows for the
provision of such protection to threatened plants through regulation.
This protection may apply to threatened plants including Castilleja
levisecta in the future if regulations are promulgated.
It is the policy of the Service (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. Such information is intended to clarify the potential
impacts of a species' listing on proposed and ongoing activities within
the range of the species. In the case of Castilleja levisecta,
unauthorized collection at Forbes Point would constitute a violation of
section 9 because this site is under Federal jurisdiction; collection
occuring under a Federal threatened species permit for scientific or
recovery purposes would not result in a violation of section 9.
Collection or destruction of C. levisecta on private or other non-
Federal lands are not a violation of section 9. However, when a project
occurring on non-Federal lands requires Federal authorization, funding
or permiting and the project may affect listed species, including
listed plants, the action agency must consult with the Service under
section 7 of the Act to ensure that the Federal action (e.g., issuance
of a Federal permit) will not jeopardize the survival of the species.
Absent a Federal action, the Act does not provide protection to
threatened plants on private lands. Questions regarding whether
specific activities will constitute a violation of section 9 should be
directed to the Supervisor, Western Washington Office, North Pacific
Coast Ecoregion, U.S. Fish and Wildlife Service, 510 Desmond Drive,
S.E., Suite 101, Lacey, Washington 98503-1273, telephone 360/753-9440.
Requests for copies of the regulations on plants and inquiries
regarding them, including permits, may be addressed to the U.S. Fish
and Wildlife Service, Ecological Services, Endangered Species Permits,
911 NE 11th Avenue, Portland, Oregon 97232-4181, telephone 503/231-
2063.
Required Determinations
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. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.
References Cited
Agee, J.K. 1993. Fire Ecology of Pacific Northwest Forests. Island
Press. 493 pp.
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.
Gamon, J. G. 1995. Report on the status of Castilleja levisecta
(Greenman). Washington Natural Heritage Program, Department of
Natural Resources, Olympia, Washington. 55pp.
Gamon, J. 1993. Castilleja levisecta Within Ebey's Landing National
Historic Reserve: A report on the current status of the species,
including preliminary management recommendations. Washington Natural
Heritage Program, Department of Natural Resources, Olympia,
Washington. 7pp.
Goodman, D. 1987. The demography of chance extinction. Pages 11-34
in M.E. Soule', editor. Viable populations for conservation.
Cambridge University Press, Cambridge, England.
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. 1973. Flora of the Pacific
Northwest. Univ. of Washington Press, Seattle.
Kruckeberg, A.R. 1991. The Natural History of the Puget Sound
Country. University of Washington Press, Seattle, Washington.
Ryan, M. and G. W. Douglas. 1994. Status report on the golden
paintbrush Castilleja levisecta Greenm. Unpublished, draft report
prepared by the British Columbia Ministry of Environment, Lands and
Parks. Victoria, B.C.
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. 1994. Endangered, threatened
and sensitive vascular plants of Washington. Department of Natural
Resources, Olympia. Second printing. 52pp.
Wentworth, Jane. 1994. The demography and population dynamics of
Castilleja levisecta, an endangered perennial. Unpublished Master's
thesis. University of Washington. 53pp.
Wentworth, J. 1996. Conservation recommendations for Castilleja
levisecta in Washington. Washington Natural Heritage Program,
Washington Department of Natural Resources, Olympia, Washington.
Authors:
The authors of this final rule are Leslie Propp and Ted Thomas,
U.S.
[[Page 31748]]
Fish and Wildlife Service (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under Flowering Plants, to the List of Endangered
and Threatened Plants, to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Castilleja levisecta............. Golden paintbrush... U.S.A. (OR, WA), Scrophulariaceae... T 615 NA NA
Canada (B.C.).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: May 16, 1997.
Jay L. Gerst,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 97-15245 Filed 6-10-97; 8:45 am]
BILLING CODE 4310-55-P
