[Federal Register Volume 62, Number 118 (Thursday, June 19, 1997)]
[Rules and Regulations]
[Pages 33368-33374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15925]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC98
Endangered and Threatened Wildlife and Plants; Endangered Status
for the Plant Lessingia Germanorum (San Francisco Lessingia) From
California
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act) for Lessingia germanorum (San Francisco lessingia), a
plant from the San Francisco peninsula of California. L. germanorum
occurs in central dune scrub habitats. It is known from five sites on
the Presidio in San Francisco County, and one site on San Bruno
Mountain in San Mateo County, California. This taxon has been affected
by and is endangered by competition from invasive alien plants, shading
by alien and native plants, urban development, bulldozing, sand
quarrying, fertilizer-contaminated run-off, habitat damage and
trampling by pedestrians, bicycles, and off-road vehicles, and other
human activities. Because of its small population size and extremely
restricted distribution, L. germanorum is also subject to an increased
risk of extinction from natural events. This rule implements Federal
protection and provisions provided by the Act. A notice of withdrawal
of the proposal to list Arctostaphylos
[[Page 33369]]
imbricata (San Bruno Mountain manzanita), which was proposed for
listing along with L. germanorum, is published concurrently with this
notice.
EFFECTIVE DATE: July 21, 1997.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Sacramento Field Office, U.S. Fish and Wildlife Service, 3310 El Camino
Avenue, Sacramento, California 95821-6340.
FOR FURTHER INFORMATION CONTACT: Kirsten Tarp, Sacramento Field Office
at the above address or by telephone at 916-979-2120.
SUPPLEMENTARY INFORMATION:
Background
Lessingia germanorum (San Francisco lessingia) is endemic to the
northern San Francisco peninsula in California where it is found within
central dune scrub habitats. Natural habitats of the northern San
Francisco peninsula have undergone extensive change as a result of
human activities. The northern part of the San Francisco peninsula is
highly urbanized. By 1984, over 90 percent of the northern peninsula's
natural habitats had been disturbed or eliminated (Orsak and Schooley
1984). Urbanization has eliminated L. germanorum from part of its
range, and intensive commercial and residential development are
ongoing. Urban development has also fragmented the remaining habitats
for this plant. Habitat fragmentation increases the risk of extinction
due to a natural event such as a pest or disease outbreak or
reproductive failure (populations of annual species especially are
affected by reproductive failure). Human activities such as bulldozing,
sand quarrying, fertilizer use, and pedestrian, bicycle, and off-road
vehicle traffic also threaten the few remaining occurrences of this
plant.
Lessingia germanorum was described by Adelbert von Chamisso in
1829, who first collected it in 1816 on the sand hills of San
Francisco, California (Howell 1929). Chamisso named it in honor of the
Lessings, a German family of scientists and authors. Howell (1929)
recognized 11 varieties of L. germanorum. Under the rules for botanical
nomenclature, when a new subspecies is described for a species not
previously divided into infraspecific taxa, an autonym (an
automatically created name) is created (i.e., L. germanorum var.
germanorum). Howell distinguished L. germanorum var. germanorum from
the other varieties by the presence of few glands and by the absence of
either odorous or bitter glandular secretions. Other treatments (Ferris
1959, Munz and Keck 1968) also recognized varieties of L. germanorum.
Currently, L. germanorum is recognized as a distinct species (Lane
1993).
Lessingia germanorum is a slender annual of the aster family
(Asteraceae) with diffusely branched stems 10 to 30 centimeters (4 to
12 inches) high. The leaves and stems are glandless and covered with
grayish, loosely interwoven hairs. Tubular, lemon-yellow, disc flowers
with a brownish or purplish band are clustered into heads that are
solitary at the end of branchlets. The seeds, which are attached to a
crown of hairlike bristles, are light and easily carried by the wind.
L. germanorum typically flowers between August and November.
Historically, Lessingia germanorum occurred within central dune
scrub habitats throughout the San Francisco peninsula. L. germanorum is
currently restricted to the Presidio area of the San Francisco
peninsula (five occurrences), and near the base of San Bruno Mountain
(one occurrence). L. germanorum grows on remnant sand dunes and sand
terraces in open areas with blowing sand (Susan Smith, Yerba Buena
Chapter, California Native Plant Society, pers. comm. 1992), at an
elevation range between 24 to 91 meters (80 to 300 feet). It is
associated with Chorizanthe cuspidata (San Francisco spine flower),
Lotus scoparius (California broom), and Lupinus arboreus (yellow bush
lupine) or Lupinus chamissonis (Chamisso's bush lupine). Of the five
small populations at the Presidio, one was established after
approximately 7.6 cubic meters (10 cubic yards) of sand was removed
from the site of another population for use on the Presidio golf
course. The San Bruno Mountain population was discovered in 1989. The
total area of all known populations is less than 0.8 hectares (2 acres)
(Terri Thomas, Golden Gate National Recreation Area, pers. comm. 1993;
Paul Reeberg, National Park Service, pers. comm. 1993). The number of
individuals of L. germanorum varies from year to year, but from 1980 to
1989 the annual total on the Presidio was less than 1,500 (California
Department of Fish and Game (CDFG) 1989). The population on San Bruno
Mountain is estimated at 1,600 to 1,800 individuals (Paul Reeberg,
pers. comm. 1993). Populations within the Presidio are managed by the
National Park Service. The population on San Bruno Mountain is jointly
owned by Daly City and a private landowner (Annemarie Quevedo,
Assistant Planner for Daly City, in litt. 1992).
The Presidio populations are threatened by competition from
invasive alien plants, shading by alien and native shrubs and trees,
bulldozing, sand quarrying, trampling by pedestrians, and other human
activities (CDFG 1989; California Natural Diversity Database (CNDDB)
1994; Susan Smith, pers. comm. 1992; Paul Reeberg, pers. comm. 1993;
Terri Thomas, pers. comm. 1993). The population on San Bruno Mountain
is threatened by urbanization, trampling, competition from invasive
alien plants, bulldozing, and fertilizer-contaminated run-off (Thomas
Reid Associates, in litt. 1991; Susan Smith, pers. comm. 1992; Paul
Reeberg, pers. comm. 1993).
Previous Federal Action
On December 15, 1980, the Service published in the Federal Register
an updated Notice of Review for plants (45 FR 82480) which included
Lessingia germanorum (as L. germanorum var. germanorum) as a category 1
candidate for Federal listing. Category 1 taxa were formerly defined as
those taxa for which the Service had on file sufficient information on
status and threats to support issuance of a listing proposal. On
November 28, 1983, the Service published in the Federal Register a
supplement to the Notice of Review (48 FR 53640) which changed L.
germanorum var. germanorum from a category 1 to a category 2 candidate.
Category 2 taxa were formerly defined as those taxa for which data in
the Service's possession indicated listing was possibly appropriate,
but for which sufficient data on status and threats was not currently
known or on file to support proposed rules. The plant notice was
revised again on September 27, 1985 (50 FR 39526), February 21, 1990
(55 FR 6184), and September 30, 1993 (58 FR 51144). In these three
notices L. germanorum var. germanorum was included as a category 1
candidate.
Mr. Brian O'Neill, General Superintendent of the Golden Gate
National Recreation Area, petitioned the Service to emergency list
Lessingia germanorum as an endangered species on May 28, 1991. Although
the Service did not emergency list L. germanorum, it did publish a 90-
day finding in the Federal Register on August 19, 1992 (57 FR 37513)
that substantial information had been presented indicating that listing
may be warranted. Section 4(b)(3)(B) of the Act requires the Secretary
to make findings on petitions found to present substantial information
indicating that the petitioned action may be warranted within 12 months
of their receipt. The Service conducted a
[[Page 33370]]
status review and determined that the petitioned action was warranted.
A proposal to list L. germanorum as endangered and Arctostaphylos
imbricata as threatened was published on October 4, 1994 (59 FR 50550).
Publication of the proposed rule constituted the final finding for the
petitioned action.
Based upon new information received since publishing the proposed
rule, the proposed listing of Arctostaphylos imbricata has been
withdrawn by the Service as announced in a separate Federal Register
notice published concurrently with this notice.
The processing of this final listing rule conforms with the
Service's final listing priority guidance published on December 5, 1996
(61 FR 64475). The guidance clarifies the order in which the Service
will process rulemakings following two related events, the lifting, on
April 26, 1996, of the moratorium on final listings imposed on April
10, 1995 (Pub. L. 104-6) and the restoration of significant funding for
listing through passage of the omnibus budget reconciliation law on
April 26, 1996, following severe funding constraints imposed by a
number of continuing resolutions between November 1995 and April 1996.
The guidance calls for 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 rule
falls under Tier 2.
Summary of Comments and Recommendations
In the October 4, 1994, proposed rule and associated notifications,
the Service requested all interested parties to submit factual reports
or information that would contribute to the development of a final
decision document. The Service contacted appropriate Federal and State
agencies, county and city governments, scientific organizations, and
other interested parties and requested their comments. In accordance
with policy published in the Federal Register on July 1, 1994 (59 FR
34270), the Service solicited comments from three appropriate and
independent specialists regarding pertinent scientific or commercial
data and assumptions relating to the proposed rule. A newspaper notice
of the proposed rule was published in the San Francisco Chronicle on
October 19, 1994, which invited general public comment. A 60-day
comment period closed on December 4, 1994.
The Service received eight letters of comment. No requests for a
public hearing were received. Although the proposed rule solicited
comments on proposals to list both Arctostaphylos imbricata and
Lessingia germanorum, only comments pertaining to L. germanorum are
addressed here. Comments pertaining to A. imbricata are addressed in a
separate Federal Register notice published concurrently with this
notice.
All commenters supported the listing of Lessingia germanorum. One
commenter indicated that designation of critical habitat would aid in
protection of rare plants. The Service has determined that designation
of critical habitat would not provide additional benefit for L.
germanorum. The reasons for this determination are discussed in the
``Critical Habitat'' section of this notice.
Two of the three independent and appropriate specialists responded
to the solicitation for independent review. One reviewer found no
errors of fact in the proposed rule, and further commented that
Lessingia germanorum is dependent on a very fragile habitat and is
easily disturbed or driven to extirpation by human activities that
compact or erode the soil. This reviewer considered L. germanorum to be
particularly worthy of Federal listing. The second reviewer concurred
with all of the comments made in the proposed rule concerning the
status, threats or potential threats and supported the listing of the
species.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Lessingia germanorum should
be classified as an endangered species. Procedures found at section 4
of the Act and regulations implementing the listing provisions of the
Act (50 CFR Part 424) were followed. A species may be determined to be
endangered or threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to L.
germanorum Cham. (San Francisco lessingia) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Threats facing the habitat of
Lessingia germanorum include one or more of the following--
urbanization, invasion of alien plants, sand quarrying, bulldozing, and
damage by pedestrians, bicycles, and off-road vehicles.
Most natural habitats of the San Francisco peninsula have been
eliminated by urbanization. Suitable Lessingia germanorum habitat has
decreased by 90 percent since European settlement (CDFG 1990). Urban
development extirpated populations of L. germanorum at Lone Mountain
and Lake Merced (both in San Francisco) (CNDDB 1994). Historical
populations of L. germanorum at Mountain View Lake and Ocean View Downs
also have been extirpated, presumably due to urban development and
competition from invasive alien plants (CDFG 1989). Most of the central
dune scrub habitat on San Bruno Mountain has been eliminated by
construction of houses and cemeteries, the Colma dump, and a flower
farm (McClintock et al. 1990). About 4 hectares (10 acres) of potential
habitat remain on San Bruno Mountain for L. germanorum (Paul Reeberg,
pers. comm. 1993). Although the discovery of additional significant
populations on San Bruno Mountain is unlikely, this area may be
important as a site for reintroduction.
Urban development potentially threatens the population of Lessingia
germanorum on San Bruno Mountain (Paul Reeberg, pers. comm. 1993; R.
Gankin, San Mateo County Planning Department, in litt. 1994). The
construction of seven additional dwellings within a few hundred yards
of the San Bruno population has been approved (Annemarie Quevedo, pers.
comm. 1993). Impacts associated with this development, such as habitat
degradation and trampling of plants by pedestrians, bicycles, and off-
road vehicles, would threaten this population.
Fragmentation of the coastal scrub dune habitat caused by past
urban development also threatens this species. Habitat fragmentation
has two primary effects. First, habitat fragmentation may alter the
physical environment, changing the amount of incoming solar radiation,
water, wind, or nutrients where the remnant vegetation occurs (Saunders
et al. 1991). Second, by reducing the size and distribution of the
population, habitat fragmentation increases the risk of extinction due
to natural events (see Factor E).
Non-native plants alter the habitat of and compete with Lessingia
germanorum. For example, Carpobrotus sp. (ice plant) covers extensive
dune areas on the Presidio, and stabilizes the dune system where it
occurs. Stabilization of the dune system adversely affects L.
germanorum because the species requires exposed sand which results from
dune movement (CDFG 1989). Carpobrotus competes with L. germanorum at
all five occurrences on the Presidio. In addition, pedestrians,
bicycles, and off-road vehicles compact the soil and promote the
establishment of invasive alien plants (CDFG 1989; Susan Smith, pers.
[[Page 33371]]
comm. 1992). In addition to ice plant, other alien plants competing
with L. germanorum include Bromus diandrus (ripgut grass), Avena
barbata (slender oat), Rumex sp. (dock), Raphanus sp. (radish), and
Sonchus sp. (sow thistle) (Susan Smith, pers. comm. 1992). On San Bruno
Mountain Cortaderia sp. (pampas grass) encroachment is a serious
threat. The CDFG (1992) reported that ``Without special protection and
management, San Francisco lessingia will continue its declining
trend.'' Populations of L. germanorum are currently being weeded by
volunteers from the California Native Plant Society. Without their
assistance, L. germanorum would be outcompeted by alien plants.
The habitat of Lessingia germanorum has been modified at one site
by tree planting. Native and introduced shrubs and trees, including
Pinus radiata (Monterey pine), were planted at the Presidio in the late
1800's. These trees adversely alter the habitat of L. germanorum by
increasing the amount of shade (CDFG 1989; CNDDB 1994; Susan Smith,
pers. comm. 1992).
Bulldozing and sand quarrying have adversely affected Lessingia
germanorum. Bulldozing to stabilize a slope on San Bruno Mountain
destroyed about one-eighth of the L. germanorum population (Paul
Reeberg, pers. comm. 1993; Thomas Reid Associates, in litt. 1991). In
January 1989, most of the habitat for one population of L. germanorum
on the Presidio was destroyed when sand was removed to repair a tee on
the base golf course (CDFG 1990). Sand quarrying is an on-going threat
at this site; any sand quarrying that may occur in the future would
negatively impact this species.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not known to be a current
threat to Lessingia germanorum. However, overcollection by researchers,
rare plant collectors, or curiosity seekers could potentially result
from the increased publicity following publication of the final rule to
list this species.
C. Disease or predation. There are no known disease or predation
threats to Lessingia germanorum.
D. The inadequacy of existing regulatory mechanisms. Five of the
six remaining colonies of Lessingia germanorum are located on the
Presidio which is managed as a National Recreation Area by the National
Park Service. However, National Park Service ownership and management
have not removed all of the threats to the species. In addition, a
Memorandum of Understanding, established in 1987 between the Service,
the National Park Service, Department of Defense, and CDFG for the
purpose of mutual cooperation for management of sensitive native plant
communities on the Presidio, does not address L. germanorum
specifically (CDFG 1989). Moreover, the fact that the National Park
Service petitioned the Service to emergency list L. germanorum as
endangered is evidence of the inadequacy of existing Federal
regulations to protect the species from extinction within the
foreseeable future.
The State of California Fish and Game Commission has listed
Lessingia germanorum as an endangered species under the California
Endangered Species Act (chapter 1.5 section 2050 et seq. of the
California Fish and Game Code) and the California Native Plant
Protection Act (Chapter 10 section 1900 et seq. of the California Fish
and Game Code). Though both statutes prohibit the ``take'' of State-
listed plants (California Native Plant Protection Act, Chapter 10
section 1908 and California Endangered Species Act, Chapter 1.5 section
2080), State law exempts the taking of such plants via habitat
modification or land use changes by the owner. After CDFG notifies a
landowner that a State-listed plant grows on his or her property, State
law only requires that the land owner notify the agency ``at least 10
days in advance of changing the land use to allow salvage of such a
plant'' (California Native Plant Protection Act, Chapter 10 section
1913).
The California Environmental Quality Act (CEQA) requires a full
disclosure of the potential environmental impacts of proposed projects.
The public agency with primary authority or jurisdiction over the
project is designated as the lead agency, and is responsible for
conducting a review of the project and consulting with the other
agencies concerned with the resources affected by the project. Section
15065 of the CEQA Guidelines requires a finding of significance if a
project has the potential to ``reduce the number or restrict the range
of a rare or endangered plant or animal.'' Species that are eligible
for listing as rare, threatened, or endangered but are not so listed
are given the same protection as those species that are officially
listed with the State or Federal governments. Once significant effects
are identified, the lead agency has the option to require mitigation
for effects through changes in the project or to decide that overriding
considerations make mitigation infeasible. In the latter case, projects
that cause significant environmental damage, such as destruction of
endangered species, may be approved. Protection of listed species
through CEQA is, therefore, dependent upon the discretion of the lead
agency.
The CEQA pertains to projects that occur on lands other than
Federal land. The National Environmental Policy Act (NEPA) requires
disclosure of the environmental effects of projects on Federal lands.
Certain actions can be categorically excluded from the NEPA process
when (a) The action or group of actions would have no significant
effect on the quality of the human environment, and (b) the actions or
group of actions would not involve unresolved conflicts concerning
alternative uses of available resources. Exceptions to the categorical
exclusions exist. One of these exceptions is when the action would
affect a species listed or proposed to be listed on the List of
Endangered or Threatened Species. Until a species is federally listed
or proposed for listing, this exception to the categorical exclusion
would not be applied regardless of the State listing status.
The San Bruno Mountain Habitat Conservation Plan (HCP), developed
under section 10(a)(1)(B) of the Act, preserves most of San Bruno
Mountain and provides for management and monitoring of a variety of
rare plants and animals. However, because the San Bruno Mountain
population of Lessingia germanorum is located outside the San Bruno
Mountain HCP boundary, it receives no protection through the HCP.
E. Other natural or manmade factors affecting its continued
existence. As discussed in Factor A, pedestrians, bicycles, and off-
road vehicles degrade the habitat of Lessingia germanorum. These
activities also directly destroy individual plants. A bike path runs
through the middle of one L. germanorum population (CNDDB 1994). Hiking
trails exist adjacent to three populations (Terri Thomas, pers. comm.
1993). Plants are damaged or destroyed when trail users wander off the
established trails and into populations of L. germanorum.
The habitats of all Presidio populations of Lessingia germanorum
are subject to occasional disturbance by unauthorized vehicle use. This
disturbance directly destroys the plants and encourages establishment
of invasive alien plants. Weedy species tend to colonize the tracks
left by the vehicles (Susan Smith, pers. comm. 1992). An environmental
education camp exists near the location of one population of L.
germanorum. This population is inadequately fenced, leaving the habitat
vulnerable to degradation and the plants vulnerable to trampling.
[[Page 33372]]
When the ownership of the Presidio transferred from the Department
of the Army to the National Park Service, a marked increase in
visitation by the public occurred (Terri Thomas, pers. comm. 1994).
Increased pedestrian traffic and other recreational activities are
likely to negatively impact Lessingia germanorum because the
populations are close to trails (Terri Thomas, pers. comm. 1992, 1993).
In addition, the park is patrolled by police on horseback. Horses can
trample the plants directly and compact the soil. A high potential
exists for adverse impacts to populations of L. germanorum on the
Presidio from these activities.
Garbage dumping has degraded the habitat at one site on the
Presidio where Lessingia germanorum occurs (CNDDB 1994). Digging by
pets also adversely affects L. germanorum at all sites on the Presidio
by destroying individual plants (Laura Nelson, Golden Gate National
Recreation Area, pers. comm. 1993; Peter Lacivita, San Francisco Corps
of Engineers, pers comm. 1993).
On San Bruno Mountain, fertilizer-contaminated run-off from a
housing development above the slope supporting the largest population
of Lessingia germanorum threatens this site (Paul Reeberg, pers. comm.
1993). The nitrogen in these fertilizers promotes invasion by weedy
species that compete with L. germanorum.
As discussed in Factor A, habitat fragmentation may adversely alter
the physical environment for the species. In addition, by reducing the
size and distribution of a population, habitat fragmentation increases
the risk that a natural event such as a pest or disease outbreak or
reproductive failure could cause extinction of the species (populations
of annual species especially are affected by reproductive failure). A
natural event, such as a flood, pest or disease outbreak, extended
drought, landslide, or combination of several such events, could
destroy part of a single population or entire populations. If habitat
fragmentation splits a population into small, isolated units or if a
natural event significantly reduces the size of a population, the risk
of extirpation due to genetic problems associated with small
populations could increase.
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 issue this rule.
Lessingia germanorum has been reduced to five small populations on the
Presidio in San Francisco County and one population on San Bruno
Mountain in San Mateo County; collectively, the populations inhabit
less than 0.8 hectares (2 acres). This taxon has been adversely
affected and is endangered by competition from invasive alien plants,
shading by alien and native plants, bulldozing, sand quarrying,
fertilizer-contaminated run-off, urban development, trampling by
pedestrians, bicycles, and off-road vehicles, other human activities,
and natural events. Lessingia germanorum is in danger of extinction
throughout all or a significant part of its range, and the preferred
action is, therefore, to list it as endangered.
Alternatives to this action were considered but not preferred. As
defined by the Act, threatened species are those species which are
likely to become endangered (in danger of extinction) within the
foreseeable future. Because Lessingia germanorum is currently in danger
of extinction, listing the species as threatened would not be
appropriate. Similarly, not listing L. lessingia would be
inappropriate.
Critical Habitat
Critical habitat is defined by section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) Essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
determination that such areas are essential for the conservation of the
species. Designations of critical habitat must be based on the best
scientific data available and must take into consideration the economic
and other relevant impacts of specifying any particular area as
critical habitat at the time the species is listed as endangered or
threatened.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary determine critical habitat concurrently
with determining a species to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for Lessingia
germanorum at this time. Service regulations (50 CFR 424.12(a)(1))
state that designation of critical habitat is not prudent when one or
both of the following situations exist--(1) The species is threatened
by taking or other human activity, and identification of critical
habitat can be expected to increase the degree of threat to the
species, or (2) designation of critical habitat would not be beneficial
to the species.
The six populations of Lessingia germanorum inhabit less than 0.8
hectares (2 acres). Any activity that would adversely modify critical
habitat would likely jeopardize the continued existence of the species
as well. The designation of critical habitat therefore would not
provide additional benefit for L. germanorum beyond the protection
afforded by listing. As discussed under Factor B, this taxon is
potentially threatened by overcollection due to its low population
size. The publication of precise maps and descriptions of critical
habitat in the Federal Register and local newspapers as required when
designating critical habitat would increase the degree of threat to
this plant from take or vandalism and, therefore, could contribute to
its decline. The listing of this taxon as endangered publicizes the
rarity of the plant and can make it attractive to researchers,
curiosity seekers, or rare plant collectors.
Protection of the habitat of this Lessingia germanorum species will
be addressed through the recovery process and the section 7
consultation process. The Service believes that Federal activities in
the areas where these plants occur can be identified without the
designation of critical habitat. The Service finds designation of
critical habitat not prudent for L. germanorum. Such a designation
would increase the degree of threat from vandalism, collecting, or
other human activities and is unlikely to benefit the conservation of
this taxon.
Available Conservation Measures
Conservation measures provided to species listed as endangered
under the Act include recognition, recovery actions, requirements for
Federal protection, and prohibitions against certain practices.
Recognition through listing encourages and results in public awareness
and conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the State and requires that recovery
actions be developed for all listed species. The protection required of
Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered and with respect to its critical habitat, if any is being
designated. Regulations implementing this interagency
[[Page 33373]]
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of the species or destroy or
adversely modify its critical habitat. If a Federal action may
adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
Five of the six populations of Lessingia germanorum occur on
Federal land managed by the National Park Service. Listing this plant
would provide for the development of a recovery plan. Such a plan would
bring together both State and Federal efforts for conservation of the
plant. The recovery plan would establish a framework for agencies to
coordinate activities and cooperate with each other in conservation
efforts. The plan would describe site-specific management actions
necessary to achieve conservation and survival of the plant species.
Additionally, pursuant to section 6 of the Act, the Service would be
more likely to grant funds to affected States for management actions
promoting the protection and recovery of this plant.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61 for endangered plants, apply. These
prohibitions, in part, make it illegal for any person subject to the
jurisdiction of the United States to import or export, transport in
interstate or foreign commerce in the course of a commercial activity,
sell or offer for sale in interstate or foreign commerce, or remove and
reduce the species to possession from areas under Federal jurisdiction.
In addition, for plants listed as endangered, the Act prohibits the
malicious damage or destruction of any such species on areas under
Federal jurisdiction and the removal, cutting, digging, or destroying
of such plant species in knowing violation of any State law or
regulation, including State criminal trespass law. Certain exceptions
to the prohibitions apply to agents of the Service and State
conservation agencies.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of the
listing on proposed and ongoing activities within a species' range.
Collection, damage, or destruction of this species on Federal lands is
prohibited, although in appropriate cases a Federal endangered species
permit may be issued to allow collection for scientific or recovery
purposes. Such activities on non-Federal lands would constitute a
violation of section 9 if conducted in knowing violation of California
State law, as discussed under Factor D, State regulations, or State
criminal trespass law. Certain exceptions apply to agents of the
Service and State conservation agencies.
Activities that are unlikely to violate section 9 include
accidental trampling. Activities that occur on Federal land, or on
private land that receive Federal authorization or funding, for which a
Federal endangered species permit is issued to allow collection for
scientific or recovery purposes or for which a consultation is
conducted in accordance with section 7 of the Act, also would not
result in a violation of section 9. Questions regarding whether
specific activities will constitute a violation of section 9 should be
directed to the Field Supervisor of the Sacramento Field Office (see
ADDRESSES section).
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 plant species under certain circumstances. The Service
anticipates few trade permits would ever be sought or issued for this
species because the plant is not common in cultivation nor in the wild.
Requests for copies of the regulations regarding listed plants and
inquiries about prohibitions and permits may be addressed to the U.S.
Fish and Wildlife Service, Endangered Species Permits, 911 N.E. 11th
Avenue, Portland, Oregon 97232-4181 (phone 503-231-2063, facsimile 503-
231-6243).
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Act. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Required Determinations
The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements. This rulemaking was not subject to review by the Office
of Management and Budget under Executive Order 12866.
References Cited
A complete list of all references cited is available upon request
from the Field Supervisor, Sacramento Field Office (see ADDRESSES
section).
Author: The primary author of this document is Kirsten Tarp,
Sacramento Field Office (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under FLOWERING PLANTS, to the List of Endangered
and Threatened Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
[[Page 33374]]
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Lessingia germanorum (=Lessingia San Francisco U.S.A. (CA)........ Asteraceae--Aster.. E 620 NA NA
germanorum var. germanorum). lessingia.
* * * * * * *
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Dated: April 8, 1997.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-15925 Filed 6-18-97; 8:45 am]
BILLING CODE 4310-55-U
