95-18242. Endangered and Threatened Wildlife and Plants; Proposed Rule for 16 Plant Taxa From the Northern Channel Islands, California  

  • [Federal Register Volume 60, Number 142 (Tuesday, July 25, 1995)]
    [Proposed Rules]
    [Pages 37993-38011]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18242]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    50 CFR Part 17
    
    RIN 1018-AD39
    
    
    Endangered and Threatened Wildlife and Plants; Proposed Rule for 
    16 Plant Taxa From the Northern Channel Islands, California
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes 
    endangered status pursuant to the Endangered Species Act of 1973, as 
    amended (Act), for 16 plant taxa from the northern Channel Islands, 
    California: Arabis hoffmannii (Hoffmann's rock-cress), Arctostaphylos 
    confertiflora (Santa Rosa Island manzanita), Berberis pinnata ssp. 
    insularis (island barberry), Castilleja mollis (soft-leaved 
    paintbrush), Dudleya 
    
    [[Page 37994]]
    blochmaniae ssp. insularis (Santa Rosa Island dudleya), Dudleya sp. 
    nov. ``East Point'' (munchkin dudleya), Dudleya nesiotica (Santa Cruz 
    Island dudleya), Galium buxifolium (island bedstraw), Gilia tenuiflora 
    ssp. hoffmannii (Hoffmann's slender-flowered gilia), Helianthemum 
    greenei (island rush-rose), Heuchera maxima (island alumroot), 
    Malacothamnus fasciculatus ssp. nesioticus (Santa Cruz Island 
    bushmallow), Malacothrix indecora (Santa Cruz Island malacothrix), 
    Malacothrix squalida (island malacothrix), Phacelia insularis ssp. 
    insularis (island phacelia), and Thysanocarpus conchuliferus (Santa 
    Cruz Island fringepod). The 16 plant taxa and their habitats have been 
    variously affected or are currently threatened by one or more of the 
    following: soil loss; habitat alteration by mammals alien to the 
    Channel Islands (pigs, goats, sheep, donkeys, cattle, deer, elk, 
    bison); direct predation by these same alien mammals; habitat 
    alteration by native seabirds; habitat alteration due to vehicular 
    traffic; overcollection for scientific or recreational purposes; 
    competition with alien plant taxa; reduced genetic viability; depressed 
    reproductive vigor; and the chance of stochastic extinction resulting 
    from small numbers of individuals and populations.
    
    DATES: Comments from all interested parties must be received by October 
    9, 1995. Public hearing requests must be received by September 25, 
    1995.
    
    ADDRESSES: Comments and materials should be sent to the Field 
    Supervisor, Ventura Field Office, U.S. Fish and Wildlife Service, 2493 
    Portola Road, Suite B, Ventura, California 93003. Comments and 
    materials received will be available for public inspection, by 
    appointment, during normal business hours at the above address.
    
    FOR FURTHER INFORMATION CONTACT: Carl Benz, Assistant Field Supervisor, 
    Ventura Field Office (see ADDRESSES section) (telephone number 805/644-
    1766; facsimile 805/644-3958).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Arabis hoffmanii (Hoffmann's rock-cress), Arctostaphylos 
    confertiflora (Santa Rosa Island manzanita), Berberis pinnata ssp. 
    insularis (island barberry), Castilleja mollis (soft-leaved 
    paintbrush), Dudleya blochmaniae ssp. insularis (Santa Rosa Island 
    dudleya), Dudleya sp. nov. ``East Point'' (munchkin dudleya), Dudleya 
    nesiotica (Santa Cruz Island dudleya), Galium buxifolium (island 
    bedstraw), Gilia tenuiflora ssp. hoffmannii (Hoffmann's slender-
    flowered gilia), Helianthemum greenei (island rush-rose), Heuchera 
    maxima (island alumroot), Malacothamnus fasciculatus ssp. nesioticus 
    (Santa Cruz Island bushmallow), Malacothrix indecora (island 
    malacothrix), Malacothrix squalida (Santa Cruz Island malacothrix), 
    Phacelia insularis ssp. insularis (island phacelia), and Thysanocarpus 
    conchuliferus (Santa Cruz Island fringepod) are California Channel 
    Island endemics. The only species in this group that is not exclusive 
    to the northern island group is the island rush-rose, with one 
    population known from Santa Catalina Island.
        Located offshore and south of Santa Barbara County, the four 
    northern islands (from west to east: San Miguel, Santa Rosa, Santa 
    Cruz, and Anacapa) are the highest points on a 130 kilometer (km) (80 
    mile (mi)) long seamount (Dibblee 1982). They are included within the 
    boundaries of the Channel Islands National Park (CINP). Anacapa Island 
    is the smallest of the four northern islands and is divided into east, 
    middle, and west islands totalling 2.9 square km (1.1 square mi); it is 
    the closest island to the mainland at a distance of 20 km (13 mi). East 
    and Middle Anacapa islands are flat-topped, wave-cut terraces largely 
    surrounded by steep cliffs. West Anacapa is the highest of the three, 
    reaching 283 meters (m) (930 feet (ft)) above sea level. Santa Cruz 
    Island is the largest of the California Channel Islands at 249 square 
    km (96 square mi) with the highest point being 753 m (2,470 ft) above 
    sea level and has a fault-controlled central valley that creates a dry 
    interior condition. Santa Rosa Island is 217 square km (84 square mi) 
    in area and 475 m (1,560 ft) at its highest point. San Miguel Island, 
    the westernmost of the northern group, is 37 square km (14 square mi) 
    in area and 253 m (830 ft) in height. Santa Catalina Island (south Los 
    Angeles County) is 194 square km (75 square mi) in area and its highest 
    elevation is 648 m (2,125 ft) above sea level (Power 1980).
        Much of the northern Channel Islands are managed by Federal 
    agencies. San Miguel Island is under the jurisdiction of the U.S. 
    Department of the Navy (Navy), but the National Park Service (NPS) has 
    operational jurisdiction through a Memorandum of Agreement. Anacapa 
    Island is managed by the NPS with an inholding for the U.S. Coast Guard 
    lighthouse. The western 90 percent of Santa Cruz Island is owned and 
    managed by The Nature Conservancy (TNC). Almost all of the remaining 10 
    percent of the island is under the jurisdiction of the NPS. Except for 
    the City of Avalon, Santa Catalina Island is privately owned and 
    managed by the Catalina Island Conservancy.
        Anacapa and Santa Barbara islands were set aside as a National 
    Monument in 1938. In 1980 the U.S. Congress abolished the National 
    Monument and incorporated those lands, waters and interests into 
    National Park status, adding Santa Cruz Island and Santa Rosa Island 
    (at that time privately owned) within the boundaries. The NPS 
    acquisition of Santa Rosa Island in 1986 was accomplished by outright 
    fee purchase from the Vail and Vickers Ranching Company. This 
    acquisition included the potential option for a 25-year continuation of 
    cattle ranching and a subleased commercial deer and elk hunting 
    operation, of which 18 years remain, as long as the Secretary of the 
    Interior determines that the property is being used for purposes 
    compatible with the administration of the park or with the preservation 
    of its resources.
        In 1769 in San Diego, the establishment of the mission system 
    began. Attempts to remove the native Chumash Indian populations from 
    Santa Cruz Island to the mainland were completed by 1814 (Hobbs 1983). 
    Subsequent land use practices on the islands focused on the 
    introduction of a variety of livestock (sheep (Ovis domesticus), goats 
    (Capra hircus), cattle (Bos taurus), burros (Equus asinus), and horses 
    (E. caballus)) and game species (pigs (Sus scrofa), deer (Odocoilius 
    hemionus), elk (Cervus canadensis roosevelti), rabbits (Oryctolagus 
    cuniculus), wild turkey (Melegris gallopavo), California quail 
    (Callipepla californica), and chukar (Alectoris chuckar)) for ranching 
    and hunting purposes (Hochberg et al. 1980a, Minnich 1980, Jones et al. 
    1989).
        The introduction of domestic animals to island ecosystems has had 
    catastrophic effects on the vegetation. Because of the absence of 
    natural population controls such as disease and predation, livestock 
    overpopulated the islands. The ultimate control on population sizes for 
    livestock on islands has been starvation (Sauer 1988). Records for 
    Santa Cruz Island indicate that sheep had been introduced in the early 
    1830's; by 1875, sheep stocking was around 50,000 head (Hobbs 1983). In 
    1890, perhaps as many as 100,000 sheep grazed on Santa Cruz Island 
    (Hochberg et al. 1980a). Pigs had been released on Santa Cruz Island by 
    1854 (Hobbs 1983). Conditions of overgrazing combined with drought 
    occurred in 1864, 1870-72, 1877, 1893-1904, 1923-24, 1935, 1946-48, 
    1964, (Dunkle 1950, Johnson 1980) and most recently 1986-
    
    [[Page 37995]]
    91 (Halvorson 1993). These episodes resulted in livestock losses to 
    starvation (Johnson 1980). Manipulation of the vegetation by over 150 
    years of intensive grazing and browsing has resulted in the replacement 
    of native plant communities with non-native grasslands (Minnich 1980, 
    Hobbs 1983).
        Several non-native weedy plant species have invaded the disturbed 
    habitats of the islands. One of the most obvious problem species is 
    fennel (Foeniculum vulgare) on Santa Cruz Island. Fennel and other 
    aggressive non-native weed species displace native species and further 
    threaten the insular ecosystems (Smith 1989, Simberloff 1990). Research 
    methods and results to date for the control of fennel were the topics 
    of many presentations at the fourth Channel Islands symposium held in 
    March 1994 (Brenton and Klinger 1994, Dash and Gliessman 1994, 
    Gliessman 1994).
        Some progress has been made toward eliminating alien animals from 
    the islands. TNC has eliminated the sheep from the western portion of 
    Santa Cruz Island; however, sheep from the eastern portion of the 
    island are reinvading westward. The NPS has recently removed all the 
    pigs from Santa Rosa Island. A program to control goats and pigs is 
    being implemented on western Santa Catalina Island. However, no action 
    has been taken to eliminate deer and elk from Santa Rosa Island, or 
    pigs and the remaining sheep from Santa Cruz Island, or bison from 
    Santa Catalina Island.
        The main habitat types on the islands include coastal dune, coastal 
    bluff, grasslands, coastal sage scrub, chaparral, oak and ironwood 
    woodlands, riparian woodlands, and conifer forest; various subdivisions 
    of these types have been described by Dunkle (1950), Philbrick and 
    Haller (1977), Minnich (1980), and Clark et al. (1990). The floristics 
    of the islands are composed of elements that have a variety of origins. 
    Relictual species (wide ranging paleobotanic fossil records) such as 
    the endemic island ironwoods (Lyonothamnus floribundus) and species 
    with disjunct distributions with the mainland such as the Torrey pine 
    (Pinus torreyana) occur in canyons and slopes that provide higher 
    moisture levels than the surrounding areas. Unique insular endemics, 
    including all of the species in this proposed rule, have been discussed 
    by Raven (1967), Philbrick (1980), and Wallace (1985).
        Coastal beach and associated dune habitats occur in the windiest 
    sandy locations on the three westernmost islands. These coastal 
    habitats appear to be relatively undisturbed compared to mainland sites 
    where development and recreation have largely eliminated them. Coastal 
    bluff habitat has provided a refugium from habitat elimination that 
    accompanies grazing by non-native animals (Minnich 1980, Halvorson et 
    al. 1992). The upland habitat was largely shrubland; many of the 
    representative species are now found only on bluff sites (D'Antonio et 
    al. 1992). The grasslands are largely composed of non-native annual 
    species and have greatly expanded at the expense of most other habitat 
    types (Hobbs 1983, Cole 1994). Historic photographs reveal the loss of 
    woody vegetation from the islands during the last 100 years (Hobbs 
    1980, Minnich 1980). The coastal sage scrub habitat has increased in 
    importance on Anacapa and San Miguel Islands where grazing effects have 
    been removed (Johnson 1980). There, the controlling effects of grazing 
    on the elimination of shrubs and the artificial maintenance of 
    grasslands have been reversed. The coastal sage habitat is composed of 
    soft-leaved, soft-stemmed plants that are palatable to browsers and 
    grazers. The original coastal sage scrub habitat has been reduced by 
    overgrazing to the extent that it persists only in locations that are 
    inaccessible to grazing and browsing animals, as in patches of cactus 
    and on bluffs (Minnich 1980, Hobbs 1983).
        The pre-grazing importance of cactus in the island communities will 
    never be known. Overgrazing results in the spread of cactus to areas 
    that have been denuded by livestock. Overgrazing on Santa Cruz Island 
    greatly facilitated the spread of cactus to the point that over 40 
    percent of the ``rangeland'' was rendered useless (Hochberg et al. 
    1980a). Cactus habitats on Santa Cruz and Santa Rosa Islands have been 
    dramatically reduced to improve cattle operations by the introduction 
    of biological controls (Hochberg et al. 1980a).
        The physical condition of the remnant chaparral habitats has been 
    modified by grazing and browsing such that shrubs form arborescent 
    (treelike) shapes. The continued browsing by deer and elk on Santa Rosa 
    Island has created an open ``skeleton'' community reticulated by game 
    trails that provide access to nearly 100 percent of the habitat 
    (Hochberg et al. 1980a; Tim Thomas, U. S. Fish and Wildlife Service 
    (USFWS), pers. obs., 1993). Historic reports of the conditions on the 
    islands indicate that the brushlands were impenetrable (Hochberg et al. 
    1980a). Island woodlands are dominated by unique endemic species and 
    heavily affected by grazing, browsing, and rooting animals seeking 
    summer shelter and food (Clark et al. 1990, Halvorson 1993). The 
    riparian habitats are heavily modified physically and structurally, and 
    in some areas they have been completely eliminated (Hochberg et al. 
    1980a, Minnich 1980). Normally, a canyon with year-round water will 
    have well-developed riparian vegetation that includes willows (Salix 
    spp.), sycamores (Platanus racemosa), cottonwoods (Populus spp.) and 
    oaks (Quercus spp.). This vegetation would typically support a rich 
    diversity of organisms, especially neo-tropical migratory bird species 
    (Paul Collins, Santa Barbara Museum of Natural History, pers. comm., 
    1994). The riparian habitat is one of the most significant on the 
    islands. Years of livestock overutilization have considerably reduced 
    this resource-rich habitat. The pine forests that are protected from 
    grazing have well-developed foliar cover and pine reproduction (Hobbs 
    1978). In contrast, Clark et al. (1990) report that pine forests that 
    are subjected to grazing lack the protective nutrient layer of ground 
    litter and exhibit no reproduction. Pigs, cattle, deer, goats, sheep, 
    and bison continue to threaten and further degrade whole ecosystems on 
    the islands (Sauer 1988, Halvorson 1993).
        Islands, with their many endemic species of plants and animals, 
    have long attracted the attention of biologists and are among the 
    world's most fragile and unique ecosystems. Fifty-four island endemic 
    plant species are known from the northern Channel Islands; 15 species 
    are single island endemics (Halvorson et al. 1987). Some of the most 
    striking examples of extinction have occurred from islands around the 
    world; from the Channel Islands, notable extinctions include the Santa 
    Barbara Island song sparrow (Melospiza melodia cooperi) and the Santa 
    Cruz Island monkeyflower (Mimulus brandegei). Twelve plant species have 
    been extirpated from various islands within the northern island group: 
    three from Santa Cruz (Malacothrix incana, Mimulus brandegei, and 
    Sibaria filifolia), three from Santa Rosa (Berberis pinnata ssp. 
    insularis, Phacelia insularis ssp. insularis, and Helianthemum 
    greenei), and six from San Miguel (Grindelia latifolia, Ceanothus 
    megacarpus ssp. insularis, Rhamnus pirifolia, Haplopappus ericoides, 
    Castilleja mollis, and Dithyrea maritima) (Philbrick 1980, Halvorson et 
    al. 1987, Clark et al. 1990).
    
    [[Page 37996]]
    
    
    Discussion of the Taxa Included in This Proposal
    
        Table 1 summarizes the growth habit and population distribution for 
    the 16 taxa in this proposal.
    
      Table 1.--Growth Habit, Estimated Populations Within the Last Five Years, and Insular Distribution of Sixteen 
        Proposed Endangered Plant Taxa From the Northern Channel Islands, California; mA=middle Anacapa, wA=west    
        Anacapa, CR=Santa Cruz, RO=Santa Rosa, MI=San Miguel, CA=Santa Catalina, P(  )=Historic Distribution But    
                                         Believed Extirpated From This Location                                     
    ----------------------------------------------------------------------------------------------------------------
              Scientific name                   Growth habit                 Est. pops.             Distribution    
    ----------------------------------------------------------------------------------------------------------------
    Arabis hoffmanii..................  Perennial herb.............  3........................  (RO), CR, (wA)      
    Arctostaphylos confertifolia......  Shrub......................  Less than 10.............  RO                  
    Berberis pinnata ssp. insularis...  Shrub/Vine.................  5........................  (RO), CR, wA        
    Castilleja mollis.................  Perennial..................  2........................  (MI), RO            
    Dudleya blochmaniae ssp. insularis  Succulent..................  1........................  RO                  
    Dudleya sp. nov. ``East Point''...  Succulent..................  1........................  RO                  
    Dudleya nesiotica.................  Succulent..................  1........................  CR                  
    Galium buxifolium.................  Sub-shrub..................  10.......................  MI, CR              
    Gilia tenuiflora ssp. hoffmannii..  Annual.....................  1........................  RO                  
    Helanthemum greenei...............  Sub-shrub..................  7........................  (RO), CR, CA        
    Heuchera maxima...................  Perennial..................  27.......................  RO, CR, wA          
    Malacothamnus fasciculatus ssp.     Shrub......................  2........................  CR                  
     nesioticus.                                                                                                    
    Malacothrix indecora..............  Annual.....................  1........................  (MI), CR            
    Malacothrix squalida..............  Annual.....................  3........................  CR, mA              
    Phacelia insularis ssp. insularis.  Annual.....................  5........................  MI, (RO)            
    Thysanocarpus conchuliferus.......  Annual.....................  8........................  CR                  
    ----------------------------------------------------------------------------------------------------------------
    
        Hoffmann's rock-cress (Arabis hoffmannii) was first described by 
    Philip Alexander Munz as Arabis maxima var. hoffmannii in 1935 based on 
    specimens collected by Ralph Hoffmann at the ``sea cliffs east of 
    Dick's Harbor,'' now known as Platts Harbor, on Santa Cruz Island in 
    1932 (Rollins 1936). However, the first collection of this rock-cress 
    was made by T.S. Brandegee in 1888 from an unspecified location on 
    Santa Cruz Island. In 1936, Reed Clark Rollins elevated the taxon to 
    species status by publishing the name Arabis hoffmannii. This 
    nomenclature is upheld in the most recent treatment for the genus 
    (Rollins 1993).
        Arabis hoffmannii is a slender herbaceous perennial in the mustard 
    (Brassicaceae) family. The one to several stems reach 0.6 m (2.0 ft) 
    high, and have slightly toothed basal leaves. The white flowers, 
    comprised of four petals 1 centimeter (cm) (0.4 inch (in)) long, are 
    found at the tips of the stems. The slightly curved fruits are borne on 
    long stalks and enclose two rows of seeds in each of two chambers. The 
    only other rock-cress that occurs on the islands, Arabis glabra var. 
    glabra, is a taller plant with cream colored flowers, and occurs as an 
    alien in open meadows and slopes.
        Since Brandegee's collection was made in 1888, very few collections 
    of Arabis hoffmannii have been made. On Santa Cruz Island, Reid Moran 
    made a collection from the ``Central Valley'' in 1950, and Jim 
    McPherson collected the plant near Centinela Grade, possibly the same 
    location, in 1967 (Steve Junak, pers. comm. 1993). It was not until 
    1985 that Steve Junak relocated a population at this location (Schuyler 
    1986). For many decades, Hoffmann's original collection site, near 
    Platts Harbor on Santa Cruz Island, was in ``an area of intense feral 
    animal (sheep) disturbance,'' and no plants could be found (Hochberg et 
    al. 1980a). However, surveys conducted by TNC in 1985 were successful 
    in relocating two small populations, one comprising three individual 
    plants, near Platts Harbor (Schuyler 1986).
        According to Reid Moran's field notes, he collected Arabis 
    hoffmannii from Anacapa Island in 1941 ``on the slopes above Frenchy's 
    Cove'' (S. Junak, pers. comm. 1993). However, no specimens from this 
    collection have been found in herbaria with known collections of island 
    species, and recent surveys by Junak have failed to relocate the plant 
    on Anacapa Island (S. Junak, pers. comm. 1993). Ralph Hoffmann reported 
    the plant from ``the bank above Water Canyon'' on Santa Rosa Island in 
    1930, but numerous recent surveys have failed to locate any plants on 
    that island (S. Junak, pers. comm. 1993).
        Arabis hoffmannii is currently known from three small populations 
    that collectively cover less than 0.4 hectare (1 acre) on Santa Cruz 
    Island. The two populations near Platts Harbor are located on rocky 
    volcanic cliffs along a north-facing canyon on lands owned by TNC. 
    Because of their inaccessibility, and the loose structure of the 
    volcanic rock, the two cliff populations have not been thoroughly 
    surveyed. Only a few dozen plants have been directly observed, but the 
    cliffs may support additional individuals. The population near 
    Centinela Grade is growing on Santa Cruz Island volcanics and is 
    associated with giant coreopsis (Coreopsis gigantea), Santa Cruz Island 
    buckwheat (Eriogonum arborescens), and coastal prickly pear (Opuntia 
    littoralis), on lands owned and managed by TNC. When Junak relocated 
    this population, approximately 30 individuals were seen. TNC has 
    monitored this population since 1990, with fewer than 30 plants 
    observed each year (Klinger 1994a). The major threats to Arabis 
    hoffmannii are loss of soil, habitat degradation, and predation 
    resulting from feral pig rooting. Because of the small numbers of 
    populations and individuals, the taxon is also vulnerable to stochastic 
    (random) extinction by such events as storms, drought, landslide, or 
    fire. Small numbers of isolated populations and individuals also make 
    the taxon vulnerable to reduced reproductive vigor.
        Santa Rosa Island manzanita (Arctostaphylos confertiflora) was 
    first described by Alice Eastwood as Arctostaphylos confertiflora in 
    1934 from a collection made by Hoffmann 
    
    [[Page 37997]]
    four years earlier ``in a sheltered dell south of Black Mountain'' on 
    Santa Rosa Island (Eastwood 1934). Abrams (1951) synonymized the taxon 
    with Arctostaphylos subcordata; eight years later, Munz published the 
    new combination Arctostaphylos subcordata var. confertiflora (Munz and 
    Keck 1973). However, in treatments of the genus, including the most 
    recent, Wells (1968, 1993) has continued to uphold the original 
    taxonomy.
        Arctostaphylos confertiflora is a perennial shrub in the heath 
    (Ericaceae) family that grows 0.1 to 2.0 m (4 in to 6.5 ft) high (Wells 
    1993). The plant has smooth, dark red-purple bark, densely hairy 
    branchlets, bracts, and pedicels, and light green, round-ovate leaves. 
    The flowers are borne in numerous dense panicles that mature into 
    flattened reddish-brown fruits (McMinn 1951). The only other manzanita 
    that occurs on Santa Rosa Island, Arctostaphylos tomentosa, forms a 
    fire-resistant burl at the base of the stems; Arctostaphylos 
    confertiflora is not burl-forming and is considered an obligate seeder, 
    requiring fire for regeneration. It occurs in prostrate and upright 
    forms, the former most likely due to climatic and herbivorous 
    influences (McMinn 1951).
        Arctostaphylos confertiflora is known only from two areas on Santa 
    Rosa Island. In the northeast portion of the island near, and east of, 
    Black Mountain, individual plants have been observed at scattered sites 
    from upper Lobos Canyon east to the Torrey pine groves along Becher's 
    Bay, a distance of about 5 km (3 mi). The plant occurs on sedimentary 
    substrates, which consist of Monterey shales and soft volcanoclastic 
    sediments derived from San Miguel volcanics (Weaver et al. 1969). Near 
    the southern tip of the island, a few individuals are scattered on the 
    slopes above South Point on sandstone outcrops. The taxon occurs as a 
    component of mixed chaparral, mixed woodland, Torrey pine woodland, and 
    island pine woodland communities. Junak estimated that total habitat 
    for the plant comprises only a few acres (S. Junak, pers. comm. 1994); 
    Clark et al. (1990) noted that it occurs in very low numbers. The major 
    threats to Arctostaphylos confertiflora are soil loss, habitat 
    alteration and predation caused by cattle grazing and elk and deer 
    browsing, which have resulted in reproductive failure. Because of the 
    small numbers of isolated populations and individuals, the taxon is 
    also vulnerable to stochastic extinction by such events as storms, 
    drought, or fire. Small numbers of populations and individuals also 
    make the taxon vulnerable to reduced reproductive vigor.
        Island barberry (Berberis pinnata ssp. insularis) was first 
    described by Munz and Roos (1950) as Berberis pinnata ssp. insularis 
    based on a specimen collected by Carl B. Wolf in 1932 ``west of summit 
    of Buena Vista Grade (also known as Centinela Grade), interior of Santa 
    Cruz Island.'' In 1981, James Roof realigned this taxon with the genus 
    Mahonia because the leaves are compound, in contrast with the simple 
    leaves of Berberis (Roof 1981). However, Moran (1982) made the case 
    that this one character was insufficient to defend Mahonia as a 
    distinct natural group; subsequent treatments have included all North 
    American taxa previously referred to Mahonia as Berberis. Therefore, 
    this taxon has been referred to as Berberis pinnata ssp. insularis by 
    Munz (1974), Smith (1976), and Williams (1993).
        Berberis pinnata ssp. insularis is a perennial shrub in the 
    barberry family (Berberidaceae). The plant has spreading stems that 
    reach 2 to 8 m (5 to 25 ft) high, with large leaves divided into 5 to 9 
    glossy green leaflets. Clusters of yellow flowers at the branch tips 
    develop into blue berries covered with a white bloom (waxy coating). 
    Because new shoots can sprout from underground rhizomes, many stems may 
    actually represent one genetic clone (Hochberg et al. 1980b, California 
    Native Plant Society (CNPS) 1984, Williams 1993).
        Berberis pinnata ssp. insularis is found in moist, shaded canyons 
    on Santa Cruz and West Anacapa Island. Hoffmann found several 
    individuals ``in Elder canyon that runs from west into Canada de la 
    Casa'' on Santa Rosa Island in 1930 (California Natural Diversity Data 
    Base (CNDDB) 1993); however, in spite of recent surveys, no plants have 
    been found on the island since that time. Dunkle collected Berberis 
    pinnata ssp. insularis on West Anacapa Island in 1940; the plant was 
    not found there again until 1980. One clone is found in Summit Canyon 
    associated with chaparral species, including poison oak (Toxicodendron 
    diversilobum), monkeyflower (Diplaucus parviflorus), coyote bush 
    (Baccharis sp.), goldenbush (Haplopappus detonsus), island alum-root 
    (Heuchera maxima) and wild cucumber (Marah macrocarpus). Four 
    populations occur on Santa Cruz Island. One population on the north 
    slope of Diablo Peak comprises 24 large ``stems'' and 75 small 
    ``stems'' (Klinger 1994c); this number of stems may represent one or 
    several clonal individuals. In 1979, the two populations near Campo 
    Raton were estimated to be less than 10 individuals; in 1985, only one 
    plant was seen (CNDDB 1994). The size of the population at Hazard's 
    Canyon has not been determined due to inaccessibility.
        Berberis pinnata ssp. insularis is threatened by soil loss and 
    habitat alteration caused by feral pig rooting. Because of the small 
    numbers of populations and individuals, the taxon is also vulnerable to 
    stochastic extinction by such events as storms, drought, or fire. Small 
    numbers of isolated populations and individuals also make the taxon 
    vulnerable to reduced reproductive vigor.
        Soft-leaved paintbrush (Castilleja mollis) was first described by 
    Francis W. Pennell as Castilleja mollis in 1947, based on material 
    collected on Santa Rosa Island in 1939 (Ingram 1990, Heckard and Ingram 
    1991). Munz and Keck (1973) and Hoover (1970) included plants of 
    coastal sand dunes of San Luis Obispo County in the description of this 
    taxon. However, Ingram (1990) has concluded that the taxon is endemic 
    to Santa Rosa Island.
        Castilleja mollis is a presumably partially parasitic perennial 
    herb in the figwort (Scrophulariaceae) family. The plant has semi-
    prostrate branches that reach 40 cm (16 in) in length, with bracts and 
    upper leaves that are grayish, fleshy, broad and rounded and crowded at 
    the apex, and the bract and calyx are yellow to yellowish green above 
    (Heckard and Ingram 1991). Ingram's studies outlined a number of 
    morphological differences between Castilleja mollis and the similar 
    Castilleja affinis, including the indument (covering) of distinctive 
    branched hairs and rounded stem leaves in the former taxon.
        Two collections of Castilleja mollis were also made by F.H. Elmore 
    from Point Bennett on San Miguel Island in 1938 (Heckard and Ingram 
    1991); despite recent searches, the taxon has not been seen on the 
    island since then (S. Junak, pers. comm. 1994). Castilleja mollis is 
    known from two areas on Santa Rosa Island: Carrington Point in the 
    northeast corner of the island, and west of Jaw Gulch and Orr's Camp 
    (this location also referred to as Pocket Field) along the north shore 
    of the island. At Carrington Point, the plant is associated with 
    stabilized dune scrub vegetation that is dominated by goldenbush 
    (Isocoma venetus var. sedoides), lupine (Lupinus albifrons), and 
    Pacific ryegrass (Leymus pacificus). At the Pocket Field location, the 
    paintbrush is associated with the non-native iceplant (Carpobrotus spp. 
    and Mesembryanthemum spp.), native milkvetch (Astragalus miguelensis), 
    and alien grasses. 
    
    [[Page 37998]]
    
        In 1993, the Jaw Gulch population was estimated to comprise up to 
    1,000 individuals covering an area of less than 2 hectares (5 acres) 
    (C. Rutherford and T. Thomas, USFWS, pers. obs. 1993). During Ingram's 
    field studies in 1990, the Carrington Point population consisted of 
    only 20 individuals (Ingram 1990); more favorable climatic conditions 
    in the past few years may have resulted in higher numbers of plants, 
    perhaps as many as several hundred. The Jaw Gulch population was also 
    used as a bedding area for deer during the fall of 1993 (Dan Richards, 
    CINP, pers. comm. 1994). Threats to Castilleja mollis are soil loss, 
    habitat alteration and predation caused by cattle grazing, deer and elk 
    browsing, deer bedding, and competition with alien plant taxa. Because 
    of the small numbers of isolated populations and individuals, the taxon 
    is also vulnerable to stochastic extinction by such events as storms, 
    drought, or fire. Small numbers of populations and individuals also 
    make the taxon vulnerable to reduced reproductive vigor.
        Santa Rosa Island dudleya (Dudleya blochmaniae ssp. insularis) was 
    first described as Hasseanthus blochmaniae ssp. insularis by Reid Moran 
    (1950a) based on a collection made at ``Old Ranch Point'' on Santa Rosa 
    Island in 1950. Moran (1953) combined the genus Hasseanthus as a 
    subgenus of Dudleya; Hasseanthus had previously been segregated from 
    Dudleya on the basis of stem characteristics and the presence of vernal 
    (withering) leaves. In so doing, he published the new combination 
    Dudleya blochmaniae ssp. insularis (Moran 1953). A recent attempt was 
    made by Thompson (1993) to resegregate Hasseanthus from Dudleya; 
    however, because rules of nomenclature were not followed and the 
    morphological differences between these two groups do not appear to 
    merit recognition at the genus level, the taxon will be recognized in 
    this proposed rule under the name Dudleya blochmaniae ssp. insularis.
        Dudleya blochmaniae ssp. insularis is a small succulent perennial 
    in the stonecrop family (Crassulaceae). The plant has a corm-like root 
    structure, and 15 to 30 oblanceolate leaves in a basal rosette, from 
    which several flowering stems 3 to 7 cm (1.2 to 2.8 in) long arise. The 
    white, five-petaled flowers and the resulting fruits are fused at the 
    base and wide-spreading distally. This subspecies is distinguished from 
    two other mainland subspecies of Dudleya blochmaniae on the basis of 
    the more numerous rosette leaves, shorter floral stems, more pronounced 
    glaucousness of young floral stems and their leaves, and the size and 
    shape of the lower bracts (Moran 1950a, Bartel 1993).
        Dudleya blochmaniae ssp. insularis is only known from the type 
    locality near Old Ranch Point, also known as Marsh Point, on the east 
    end of the island. The taxon occupies an area of less than 1 hectare (2 
    acres) of an ancient marine terrace with a cobbly surface, and 
    associated with owl's clover (Castilleja exserta), goldfields 
    (Lasthenia californica), and alien annual grasses. The number of 
    individuals is estimated to be 2,000 (Rutherford and Thomas, pers. obs. 
    1993). Threats to Dudleya blochmaniae ssp. insularis are soil loss; 
    habitat alteration caused by cattle, elk, and deer trampling; vehicle 
    access; and collecting. Because this taxon is restricted to one 
    population, the plant is also vulnerable to stochastic extinction by 
    such events as storms, drought, or fire. The single population and 
    restricted number of individuals also make the taxon vulnerable to 
    reduced reproductive vigor.
        Munchkin dudleya (Dudleya sp. nov. ``East Point'' (S. McCabe, pers. 
    comm. 1994)) was first collected by Reid Moran in 1950. In his 
    dissertation on the genus Dudleya, he included it in the description of 
    Dudleya greenei, but remarked upon how it differed, and described it as 
    ``forma nana.'' Subsequent floras treated the form in synonymy with 
    Dudleya greenei (Munz and Keck 1973, Smith 1976). In 1993, Paul H. 
    Thomson illegitimately published the name Dudleya nana, based on the 
    description of forma nana in Moran's dissertation. Stephen McCabe has 
    submitted an article describing a new species of Dudleya to the journal 
    Madrono (S. McCabe, pers. comm. 1994).
        Like Dudleya blochmaniae ssp. insularis described above, this plant 
    is a small succulent perennial in the stonecrop family (Crassulaceae). 
    The plant has a short caudex-like stem, and small, gray, ovate to 
    oblanceolate leaves in a cluster of up to 20 basal rosettes, from which 
    several flowering stems 2.5 to 7 cm (1 to 2.75 in) long arise. The pale 
    yellow, five-petaled flowers are fused at the base and spread only at 
    the tips.
        Dudleya sp. nov. ``East Point'' is known only from one population 
    comprising three colonies near East Point on Santa Rosa Island. The 
    total number of individuals in the three colonies has been estimated to 
    be 3,200 (S. McCabe, pers. comm. 1994). The colonies occur on a low 
    windswept ridge with a cobbly soil surface, which is bereft of any 
    other vegetation save scattered alien annual grasses. Several hundred 
    plants were observed uprooted with roots exposed during the spring of 
    1993, most likely a result of cattle grazing and trampling (S. Chaney, 
    CINP, pers. comm. 1993). Threats to Dudleya sp. nov. ``East Point'' are 
    soil loss, habitat alteration, and predation caused by cattle and deer 
    trampling and grazing. Because it is restricted to one population, the 
    taxon is vulnerable to stochastic extinction by such events as storms, 
    drought, or fire. The single population and limited number of 
    individuals also make the taxon vulnerable to reduced reproductive 
    vigor.
        Santa Cruz Island dudleya (Dudleya nesiotica) was first described 
    by Reid Moran (1950b) as Hasseanthus nesioticus based on a specimen 
    collected from ``flat area near edge of sea bluff, Fraser Point,'' on 
    the west end of Santa Cruz Island in 1950. Three years later, Moran 
    (1953) transferred the species to the genus Dudleya, thereby forming 
    the new combination Dudleya nesiotica.
        Like the two previously described dudleyas, Dudleya nesiotica is a 
    succulent perennial in the stonecrop family (Crassulaceae). The plant 
    has a corm-like stem with 8 to 16 oblanceolate leaves in a basal 
    rosette from which several flowering stems 3 to 10 cm (1.2 to 4.0 in) 
    tall arise. The five white-petaled flowers and resulting fruits are 
    erect to ascending.
        Dudleya nesiotica is known only from one population comprising two 
    colonies within 1.6 km (1 mi) of the type locality at Fraser Point on 
    the west end of Santa Cruz Island. Approximately 1,000 plants occupy 
    less than 10 acres of habitat. The colonies are situated on the lowest 
    marine terrace in association with iceplant (Mesembryanthemum 
    crystallinum and M. nodiflorum), alkali heath (Frankenia salina), 
    goldfields, and pickleweed (Salicornia virginica). Threats to Dudleya 
    nesiotica are soil loss, habitat alteration, and predation caused by 
    pig rooting. Like many dudleyas, Dudleya nesiotica is also threatened 
    by collecting for botanical or horticultural use (Moran 1979). Because 
    the taxon is restricted to only one population, it is also vulnerable 
    to stochastic extinction by such events as storms, drought, or fire. 
    The single population and limited number of individuals also make the 
    taxon vulnerable to reduced reproductive vigor.
        Island bedstraw (Galium buxifolium) was first described by E.L. 
    Greene as Galium buxifolium in 1886 based on specimens collected on 
    Santa Cruz Island (Ferris 1960). In 1958, Lauramay Dempster (1958) 
    described the taxon as a variety of Galium catalinense. Ferris 
    
    [[Page 37999]]
    (1960) suggested that the taxon was subspecifically distinct, but still 
    synonymized the taxon with Galium catalinense. Thirteen years later, 
    Dempster (1973) reestablished the taxon as a separate species based on 
    differences in the nutlet hairs between it and Galium catalinense.
        Galium buxifolium is a small, stout woody shrub in the bedstraw 
    (Rubiaceae) family. The plant grows to 12 decimeters (dm) (4 ft) in 
    height, and has swollen nodes bearing numerous leafy branches. The 
    leaves are larger than those of most other Galium taxa, and have 
    conspicuous lateral veins with stout hairs on the lower surface 
    (Dempster 1973). The relatively broad leaves and the tiny upward-curved 
    hairs that cover the fruits are unique characteristics that distinguish 
    it from the six other species of Galium that occur on the islands 
    (Hochberg et al. 1980b).
        A putative collection of Galium buxifolium was made from the 
    ``Torrey Pine grove, Santa Rosa Island,'' in 1941 by Reid Moran; 
    apparently this was a misidentified collection of Galium nuttallii 
    (York, in litt. 1987). Therefore no known collections of this taxon are 
    known from Santa Rosa Island. Galium buxifolium is currently known from 
    Santa Cruz and San Miguel Islands where it occurs on north-facing sea 
    cliffs. Eight populations occur on TNC lands on Santa Cruz Island. In 
    1980, Hochberg et al. (1980b) noted that 2 of these populations 
    comprised fewer than 50 individuals each, and the remaining populations 
    comprised less than 6 individuals each. Two populations were located on 
    San Miguel Island in 1993, 1 comprising about 200 individuals, and 1 
    comprising fewer than 10. Five other historical collections have been 
    made from the island, but none have been seen for almost 30 years.
        The plant occurs on ``bluffs and rocky slopes'' (Dempster 1973) in 
    coastal sage scrub and island pine forest. Threats to Galium buxifolium 
    are soil loss, habitat alteration, and predation caused by feral pig 
    rooting and sheep grazing. Because of the small numbers of isolated 
    populations and individuals, the taxon is also vulnerable to stochastic 
    extinction by such events as storms, drought, or fire. Small numbers of 
    populations and individuals also make the taxon vulnerable to reduced 
    reproductive vigor.
        Hoffmann's slender-flowered gilia (Gilia tenuiflora var. 
    hoffmannii) was first described as Gilia hoffmannii by Alice Eastwood 
    in 1940 based on collections made by Ralph Hoffmann ``in sandy soil at 
    East Point'' on Santa Rosa Island ten years earlier (Eastwood 1940). 
    Eastwood remarked that, although the taxon is related to Gilia 
    tenuiflora, no variation of the latter included the leafy stems and 
    terminal congested inflorescence of Gilia hoffmannii (Eastwood 1940). 
    Nevertheless, Jepson (1943) included the taxon in the description of 
    Gilia tenuiflora var. tenuiflora in his flora of California, as did 
    Abrams (1951) in his flora of the Pacific states. In 1959, Munz renamed 
    the varieties of tenuiflora as subspecies, including ssp. hoffmannii 
    (Munz and Keck 1973). This nomenclature has been upheld in the latest 
    treatment of the genus (Day 1993). Of the four subspecies of Gilia 
    tenuiflora, the subspecies hoffmannii is the only one that occurs in 
    southern California. Two other Gilia species occur on Santa Rosa 
    Island; Gilia tenuiflora ssp. hoffmannii is distinguished from them by 
    the presence of arachnoid woolly pubescence at the base of the stem.
        Gilia tenuiflora ssp. hoffmannii is a small, erect annual herb in 
    the phlox (Polemoniaceae) family. The central stem grows 6 to 12 cm 
    (2.4 to 4.7 in) tall, arising from a rosette of densely hairy, strap-
    shaped, short-lobed leaves. The flowers are purplish and funnel-shaped 
    below, widening to five pinkish corolla lobes.
        Gilia tenuiflora ssp. hoffmannii has only been collected from two 
    locations on Santa Rosa Island. A collection was made by Reid Moran 
    from the ``arroyo between Ranch and Carrington Point'' in 1941 
    (Rutherford and Thomas 1994); however, numerous surveys conducted in 
    recent years have failed to relocate the plant at this location. This 
    location most likely falls within the parcel of property, adjacent to 
    the ranchhouse, that has been heavily disturbed by cattle ranching 
    operations. The only currently extant population occurs at the type 
    locality near East Point on Santa Rosa Island. Here, it occurs as a 
    component of dune scrub vegetation with sand verbena (Abronia 
    maritima), silver beach-weed (Ambrosia chamissonis), saltgrass 
    (Distichlis spicata), miniature lupine (Lupinus bicolor), plantain 
    (Plantago erecta), and sand-dune bluegrass (Poa douglasii) (T. Thomas, 
    in litt. 1993). The population consists of several hundred individuals 
    and occupies an area of not more than 0.8 hectares (2 acres). Threats 
    to Gilia tenuiflora ssp. hoffmannii are soil loss, habitat alteration 
    and predation caused by cattle grazing, and elk and deer browsing. A 
    sandy service road used by NPS and ranchers bisects the population. 
    Because the taxon is restricted to one population, it is also 
    vulnerable to stochastic extinction by such events as storms, drought, 
    or fire. The single population and limited number of individuals also 
    make the taxon vulnerable to reduced reproductive vigor.
        Island rush-rose (Helianthemum greenei) was first described by 
    Robinson as Helianthemum greenei in 1895 (Abrams 1951). The type 
    locality is described as ``a dry summit near the central part of the 
    island of Santa Cruz'' (Abrams 1951). This nomenclature has been upheld 
    in the most recent treatment for the genus (McClintock 1993).
        Helianthemum greenei is a small shrub in the rock-rose (Cistaceae) 
    family. The plant grows to 0.5 m (18 in) tall and has alternate leaves 
    covered with star-shaped hairs. The reddish, glandular stalks support 
    yellow-petalled flowers to 2.5 cm (1 in) wide. The fruit is a pointed 
    capsule 0.6 cm (0.25 in) long. A more abundant species found on the 
    islands, Helianthemum scoparium, is similar in appearance, but is not 
    glandular-hairy and has greenish stalks and smaller fruits (Hochberg 
    1980b).
        McMinn (1951) and later Thorne (1967) report seeing Helianthemum 
    greenei on San Miguel Island, but there are no collections in island 
    herbaria (Hochberg et al. 1980b, Wallace n.d.). Two collections of the 
    plant were made from Santa Rosa Island by Epling and Erickson and Dunn 
    in the 1930's (Wallace 1985); however, no collections on Santa Rosa 
    Island have been made since that time, despite recent surveys. 
    Helianthemum greenei was reported from the northeast side of Black Jack 
    Mountain on Santa Catalina Island by Thorne (1967) in 1966; no 
    collections have been made since then, but a population of three 
    individuals was recently reported from this location (Janet Takara, 
    Catalina Island Conservancy, pers. comm. 1994). Habitat for the plant 
    on Santa Catalina Island is being grazed by goats, mule deer, and 
    bison, and is being rooted by pigs.
        In addition to the one population on Santa Catalina Island, 
    Helianthemum greenei is currently known from ten populations on Santa 
    Cruz Island. The taxon is found in open, exposed areas in chaparral, 
    coastal sage scrub, and island pine forest. In 1980, prior to sheep 
    removal from TNC lands on Santa Cruz Island, Hochberg et al. (1980b) 
    found that, of ten populations, only two comprised several dozen 
    individuals, and six others comprised less than six individuals. 
    Hochberg et al. (1980b) indicated that the plant is eliminated by 
    intense feral animal disturbance, and noted that the population 
    recorded by Abrams and Wiggins in 1930 at Pelican 
    
    [[Page 38000]]
    Bay has not been relocated. The major threats to Helianthemum greenei 
    are soil loss, altered fire frequencies and intensities, rooting by 
    feral pigs, sheep grazing, and competition with other shrubs that have 
    increased in cover due to a release in grazing pressure. Because of the 
    small numbers of isolated populations and individuals, the taxon is 
    also vulnerable to stochastic extinction by such events as storms, 
    drought, or fire.
        Island alumroot (Heuchera maxima) was first described by E.L. 
    Greene (1886a) as Heuchera maxima based on collections from the 
    ``northward slope of Santa Cruz Island.'' This nomenclature has been 
    upheld in the most recent treatment of the genus (Elvander 1993). 
    Heuchera maxima is a perennial herb in the saxifrage (Saxifragaceae) 
    family. The round basal leaves are up to 7 cm (2.8 in) broad on long 
    petioles up to 25 cm (10 in) in length. The flowering stalks are up to 
    6.1 dm (2 ft) long and scattered with small white-petaled flowers 
    (Hochberg 1980b). No other Heuchera species occurs on the islands; 
    however, young plants of Heuchera maxima could resemble species of 
    Jepsonia, Lithophragma, or Saxifraga that occurs on the islands. 
    Heuchera maxima can be distinguished from these other taxa by its 
    larger size at maturity, and flowers with ten stamens rather than five.
        Heuchera maxima grows primarily on moist, shady, north-facing 
    canyon bottoms, walls, and seacliffs, but occurs in a few interior 
    localities as well. Collections of Heuchera maxima were made from Santa 
    Rosa Island by Hoffmann in 1929 and Dunkle in 1939; however, locality 
    information for these collections is vague. More recently, the plant 
    has been collected from four locations on Santa Rosa Island (Cherry, 
    Lobos, Ranch, and Windmill Canyons) (Rutherford and Thomas 1994). 
    Heuchera maxima is also known from 11 locations on West Anacapa Island 
    (Rutherford and Thomas 1994; S. Junak, in litt. 1984). On Santa Cruz 
    Island, 12 populations occur along the west half of the north shore. 
    All populations observed by Hochberg et al. (1980b) on Santa Cruz 
    Island comprised less than 50 individuals each, and in some cases 
    comprised less than 6 individuals each. Threats to Heuchera maxima are 
    soil loss, habitat alteration and predation resulting from cattle 
    grazing, feral pig rooting, and elk and deer browsing. Because of the 
    small numbers of populations and individuals, the taxon is also 
    vulnerable to stochastic extinction by such events as storms, drought, 
    or fire.
        Santa Cruz Island bushmallow (Malacothamnus fasciculatus var. 
    nesioticus) was first described by James W. Robinson as Malvastrum 
    nesioticum in Asa Gray's Flora of North America in 1897, based on 
    material collected by E.L. Greene in 1886 (Abrams 1951). Over the next 
    four decades, the taxon was placed in several different genera, as 
    Malacothamnus nesioticus by Abrams, Sphaeralcea nesiotica and later 
    Sphaeralcea fasciculata var. nesiotica by Jepson, and Malvastrum 
    fasciculatum var. nesioticum by McMinn (Kearney 1951). Kearney (1951) 
    published the new combination Malacothamnus fasciculatus var. 
    nesioticus. In 1993, David Bates synonymized var. nesioticus, as well 
    as seven other taxa, with Malacothamnus fasciculatus, a highly variable 
    species ``with many indistinct and intergrading local forms'' (Bates 
    1993). Of var. nesioticus, he notes that the taxon is essentially 
    indistinguishable from the mainland ``var. nuttallii.'' However, recent 
    studies on the genetics of Malacothamnus have determined that var. 
    nesioticus is a distinct variety (Swenson et al. in prep.).
        Malacothamnus fasciculatus var. nesioticus is a small soft-woody 
    shrub in the mallow (Malvaceae) family. The plant reaches up to 2 m (6 
    ft) tall, and has slender branches covered with star-shaped hairs. The 
    palmately shaped leaves are dark green on the upper surface and gray on 
    the lower surface. The rose-colored flowers are up to 3.75 cm (1.5 in) 
    broad and scattered along the ends of the branches (Hochberg et al. 
    1980b). It is differentiated from the mainland var. nuttallii by its 
    bicolored leaves and genetic distinction (Swenson et al. in prep.).
        Malacothamnus fasciculatus var. nesioticus is known from only two 
    small populations on Santa Cruz Island where it occurs within a coastal 
    sage scrub community. One population of less than 50 individuals (10 
    clones) is located on the west shore of the island near the historic 
    Christi Ranch. A second population was discovered in 1993 in the 
    Central Valley near the University of California Field Station (Swensen 
    et al. in prep.). Recent genetic analyses of the Central Valley 
    population indicated that, although there are 19 individual shrubs, 
    they comprise only 3 genotypes, or 3 clones. Threats to Malacothamnus 
    fasciculatus var. nesioticus are soil loss, habitat alteration and 
    predation resulting from past sheep grazing and current feral pig 
    rooting. Because of the small numbers of populations and individuals, 
    the plant is also vulnerable to stochastic extinction by such events as 
    storms, drought, or fire. The small numbers of isolated populations and 
    restricted number of individuals also make the taxon vulnerable to 
    reduced reproductive vigor.
        Santa Cruz Island malacothrix (Malacothrix indecora) was first 
    described by E.L. Greene (1886) as Malacothrix indecora based on 
    specimens collected from ``islets close to the northern shore'' of 
    Santa Cruz Island (Smith 1976). In 1957, E. Williams published the 
    combination Malacothrix foliosa var. indecora (Ferris 1960); Munz 
    (1974) subsequently synonymized the taxon with Malcothrix foliosa. 
    However, Ferris (1960) and others (Smith 1976, Davis 1980) continued to 
    recognize the taxon as a separate species with the name Malacothrix 
    indecora. This nomenclature is upheld in the most recent treatment of 
    the genus (Davis 1993).
        Malacothrix indecora is an annual herb in the aster (Asteraceae) 
    family. The 20 to 40 cm (8 to 16 in) tall stems support numerous 
    broadly lobed fleshy leaves with blunt tips. The greenish yellow 
    flowers are in hemispheric heads surrounded by linear bracts (Hochberg 
    1980b; Scott in Junak et al., in prep.). Two other annual species of 
    Malacothrix occur on the same islands as Malacothrix indecora; however, 
    the achenes (seeds) of Malacothrix similis are topped with 18 teeth and 
    1 bristle and Malacothrix squalida is topped with irregular teeth and 
    no bristle, whereas Malacothrix indecora has neither of these features 
    (Scott in Junak et al., in prep.).
        Collections of Malacothrix indecora were made from several 
    locations along the northeast shore of San Miguel Island and on Prince 
    Island by Greene, and later by Hoffmann (Hochberg et al. 1979; Davis 
    1987). In 1978, Hochberg et al. (1979) observed three populations; 
    Halvorson et al. (1992) reported finding this species at one location 
    during surveys in 1988 and 1989, but no collections were made to 
    confirm identification of the taxon. On Santa Cruz Island, Malacothrix 
    indecora was first collected near Twin Harbor by Williams in 1939 
    (Davis 1987); this population has not been relocated.
        Malacothrix indecora is currently known from only one population 
    discovered by Junak in 1980 at Black Point on the west end of Santa 
    Cruz Island. Several hundred individuals were observed there by Junak 
    in 1985 in exposed coastal flats and associated with Santa Cruz Island 
    buckwheat (Eriogonum grande var. rubescens) and iceplant 
    (Mesembryanthemum nudiflorum) (CNDDB 1991). On a subsequent trip in 
    1989, only 50 plants 
    
    [[Page 38001]]
    were observed in the same location (S. Junak, pers. comm. 1994). 
    Threats to Malacothrix indecora are soil loss, habitat alteration and 
    predation resulting from feral pig rooting and seabird activity. 
    Historic habitat for Malacothrix indecora on San Miguel Island and 
    Prince Island has been altered by seabird nesting activity. Because of 
    the small numbers of populations and individuals, the taxon is also 
    vulnerable to stochastic extinction by such events as storms, drought, 
    or fire. The small numbers of populations and restricted number of 
    individuals also make the taxon vulnerable to reduced reproductive 
    vigor.
        Island malacothrix (Malacothrix squalida) was first described by 
    E.L. Greene in 1886 from specimens collected above Prisoner's Harbor on 
    Santa Cruz Island (Davis, in litt. 1987). In 1957, E. Williams 
    published the combination Malacothrix foliosa var. squalida; a year 
    later, Roxana Ferris (1960) published the combination Malacothrix 
    insularis var. squalida. In 1959, Munz recognized the taxon as 
    Malacothrix squalida; however, 14 years later, he synonymized it with 
    M. foliosa (Munz 1974). In a review of insular species of Malacothrix, 
    Davis (1980) recognized the taxon as Malacothrix squalida.
        Like Malacothrix indecora, Malacothrix squalida is an annual herb 
    in the aster family. However, the plant only reaches 9 cm (3.5 in) 
    tall, and has linear to widely lanceolate leaves that are irregularly 
    toothed or lobed. The light yellow flowers are clustered in hemispheric 
    heads 12 to 15 millimeters (mm) (0.5 to 0.6 in) long. Malacothrix 
    indecora is the only other annual Malacothrix that occurs on the same 
    island as M. squalida; however, the latter is a much larger species, 
    and also differs in the achene characteristics previously mentioned 
    (Scott in Junak et al., in prep.).
        Malacothrix squalida has been collected from two locations along 
    the north shore of Santa Cruz Island; Greene collected it near 
    Prisoner's Harbor in 1886, but the species was not seen on the island 
    again until Philbrick and Benedict collected it in 1968 near Potato 
    Harbor (Rutherford and Thomas 1994). On Middle Anacapa Island, the 
    plant was first collected by Martin Piehl in 1963, and more recently in 
    1978 and 1986. The plant is known from several small colonies atop 
    coastal bluffs on the east end of the island. Surveys by Junak and 
    Davis in 1989 failed to find any individuals; however, this may have 
    been the result of a drought year (S. Junak, pers. comm. 1994). Threats 
    to Malacothrix squalida are soil loss, habitat alteration and predation 
    resulting from sheep grazing, feral pig rooting, and seabird nesting. 
    Because of the small numbers of isolated populations and individuals, 
    the taxon is also vulnerable to stochastic extinction by such events as 
    storms, drought, or fire. The small numbers of isolated populations and 
    restricted number of individuals also make the taxon vulnerable to 
    reduced reproductive vigor.
        Island phacelia (Phacelia insularis ssp. insularis) was first 
    described by Munz as Phacelia insularis in 1932 based on plants growing 
    ``on sand dunes at northeastern part of Santa Rosa Island'' (Munz 
    1932). Jepson published the new combination Phacelia curvipes var. 
    insularis in 1943. After examining specimens from coastal northern 
    California and determining their affinity to the island plants, John 
    Thomas Howell re-elevated the taxon to specific level, separating out 
    the northern California plants as Phacelia insularis var. 
    continentalis, leaving Phacelia insularis var. insularis to refer to 
    the island plants (Howell 1945). In 1951, Abrams, who did not have 
    access to collections of Phacelia from northern California, included 
    the taxon in the description of Phacelia divaricata, a taxon common in 
    southern California. In 1959, Munz published the new combination 
    Phacelia divaricata var. insularis (Constance 1979). Lincoln Constance 
    agreed with Howell's interpretation and has referred to the taxon as 
    Phacelia insularis var. insularis (Constance 1979). This nomenclature 
    has been upheld in the latest treatment of the genus (Wilken et al. 
    1993).
        Phacelia insularis ssp. insularis is a decumbent (reclining), 
    branched annual of the waterleaf (Hydrophyllaceae) family. The short-
    hairy and glandular stems grow to 1.5 dm (6 in) high from a basal 
    rosette of leaves. The small lavender to violet, bell-shaped flowers 
    are borne in loose cymes. The other variety of Phacelia insularis, the 
    variety continentalis, is found on the mainland of northern California. 
    Phacelia insularis var. insularis can be distinguished from the other 
    species of Phacelia on the islands based on the hastate leaf shape with 
    basal lobes. The other Phacelia have pinnately divided or undivided but 
    ovate leaves.
        Phacelia insularis ssp. insularis occurs on Santa Rosa Island and 
    San Miguel Island. However, the last collections from Santa Rosa Island 
    were made by Clifton Smith at Carrington Point in 1973; the plant has 
    not been observed on the island since then despite recent searches. On 
    San Miguel Island, Phacelia insularis ssp. insularis was collected by 
    Hoffmann in 1930 and by Munz in 1932. It was not collected again until 
    1978, when four populations were found (Hochberg et al. 1979). A fifth 
    population was discovered by Charles Drost on a bluff above Cuyler 
    Harbor in 1984 (Halvorson et al. 1992). Phacelia insularis ssp. 
    insularis is found within the island grassland community which is 
    dominated by alien grasses, including slender wild oat (Avena barbata), 
    wild oat (Avena fatua), ripgut (Bromus diandrus), and soft chess 
    (Bromus hordeaceus), with scattered occurrences of native bunchgrasses, 
    shrubs, and herbs (Hochberg et al. 1979). Threats to Phacelia insularis 
    ssp. insularis are soil loss, habitat alteration caused by cattle 
    grazing and elk and deer browsing. Because of the small numbers of 
    populations and individuals, the plant is also vulnerable to stochastic 
    extinction by such events as storms, drought, or fire. The small 
    numbers of populations and restricted number of individuals also make 
    the taxon vulnerable to reduced reproductive vigor.
        Santa Cruz Island fringepod (Thysanocarpus conchuliferus) was first 
    described as Thysanocarpus conchuliferus by E.L. Greene in 1886 based 
    on material he and Brandegee collected where they found it ``common on 
    mossy shelves and crevices of high rocky summits and northward slopes'' 
    on Santa Cruz Island (Greene 1886b). Four decades later, Jepson 
    published the new combination Thysanocarpus laciniatus var. 
    conchuliferus as one of three varieties of Thysanocarpus laciniatus 
    (Jepson 1925). Abrams re-elevated the taxon to species status in 1944. 
    Munz, however, republished the taxon as one of six varieties of T. 
    laciniatus in 1959 (Munz and Keck 1973). In the most recent treatment 
    of the genus, Reed C. Rollins re-elevated the taxon to species status 
    (Rollins 1993).
        Thysanocarpus conchuliferus is a small delicate annual herb in the 
    mustard (Brassicaceae) family. The one to several branches grow 5 to 
    12.7 cm (2 to 5 in) high. The narrow, linearly lobed leaves alternate 
    along the stems, which terminate in a raceme of minute pink to lavender 
    flowers. While all members of this genus have round, flattened fruits 
    that are fringed with wings, Thysanocarpus conchuliferus is the only 
    species with a bowl-shaped fruit; this taxon is also smaller in stature 
    than T. lacianatus, which occurs in the same habitat (Rutherford and 
    Thomas 1994).
        In 1932, Ralph Hoffmann reported that Thysanocarpus conchuliferus 
    was 
    
    [[Page 38002]]
    ``frequent. . . from the north shore to the southwest portion of the 
    island'' (Hochberg et al. 1980a). A total of 14 historical locations 
    are known from herbarium records. In 1980, eight of these populations 
    were relocated (Hochberg et al. 1980b); in 1991, individuals were found 
    at six of these locations, and none were found at five other locations 
    (Klinger 1994b). In 1993, no individuals were found at any of the 14 
    known locations. Survey reports indicate that, in addition to abundant 
    rainfall that may have increased competition from alien grasses, 
    rooting by feral pigs was observed at all 14 locations (Klinger 1994b).
        Thysanocarpus conchuliferus occurs on rocky outcrops on ridges and 
    canyon slopes, and is associated with a variety of herbs, ferns, 
    grasses, dudleya, and Selaginella (Santa Barbara Botanical Garden 
    1994). Threats to Thysanocarpus conchuliferus are soil loss, habitat 
    alteration and predation resulting from feral pig rooting. In favorable 
    years, competition with luxuriant alien grasses may also constitute a 
    threat (Klinger 1994b). Because of the small numbers of isolated 
    populations and individuals, the plant is also vulnerable to stochastic 
    extinction by such events as storms, drought, landslide, or fire. The 
    small numbers of populations and restricted number of individuals also 
    make the taxon vulnerable to reduced reproductive vigor.
    
    Previous Federal Action
    
        Federal action on these plants began as a result of section 12 of 
    the Endangered Species Act of 1973, which directed the Secretary of the 
    Smithsonian Institution to prepare a report on those plants considered 
    to be endangered, threatened, or extinct in the United States. This 
    report, designated as House Document No. 94-51, was presented to 
    Congress on January 9, 1975. In that document, Arabis hoffmannii, 
    Castilleja mollis, Dudleya blochmaniae ssp. insularis, Galium 
    buxifolium, Gilia tenuiflora ssp. hofmannii, and Berberis pinnata ssp. 
    insularis were considered to be endangered, and Dudleya nesiotica and 
    Malacothamnus fasciculatus var. nesiotica (as Malacothamnus 
    fasciculatus) were considered to be threatened. The Service published a 
    notice in the July 1, 1975, Federal Register (40 FR 27823) of its 
    acceptance of the report of the Smithsonian Institution as a petition 
    within the context of section 4(c)(2) (petition provisions are now 
    found in section 4(b)(3) of the Act) and its intention thereby to 
    review the status of the plant taxa named therein. On June 16, 1976, 
    the Service published a proposal in the Federal Register (42 FR 24523) 
    to determine approximately 1,700 vascular plant species to be 
    endangered species pursuant to section 4 of the Act. Dudleya nesiotica 
    was included in the June 16, 1976, Federal Register document.
        General comments received in relation to the 1976 proposal were 
    summarized in an April 26, 1978, Federal Register publication (43 FR 
    17909). The Endangered Species Act Amendments of 1978 required that all 
    proposals over 2 years old be withdrawn. A 1-year grace period was 
    given to those proposals already more than 2 years old. In the December 
    10, 1979, Federal Register (44 FR 70796), the Service published a 
    notice of withdrawal of the portion of the June 6, 1976, proposal that 
    had not been made final, along with four other proposals that had 
    expired.
        The Service published an updated notice of review for plants on 
    December 15, 1980 (45 FR 82480). This notice included Arabis 
    hoffmannii, Castilleja mollis, Dudleya blochmaniae ssp. insularis, 
    Dudleya nesiotica, and Malacothamus fasciculatus var. nesiotica as 
    Category 1 taxa. Category 1 taxa are those for which the Service has on 
    file substantial information on biological vulnerability and threats to 
    support preparation of listing proposals. Arctostaphylos confertiflora 
    and Galium buxifolium were included as Category 2 taxa. Category 2 taxa 
    are those for which data in the Service's possession indicate listing 
    is possibly appropriate, but for which substantial data on biological 
    vulnerability and threats are not currently known or on file to support 
    proposed rules. On November 28, 1983, the Service published in the 
    Federal Register a supplement to the Notice of Review (48 FR 53640), in 
    which Arabis hoffmannii was listed as a Category 1* taxon, the asterisk 
    indicating that the species is believed to be extinct. In the same 
    notice, Castilleja mollis, Dudleya blochmaniae ssp. insularis, Dudleya 
    nesiotica, Helianthemum greenei, Heuchera maxima, Berberis pinnata ssp. 
    insularis, Malacothamnus fasciculatus, Phacelia insularis var. 
    insularis, and Thysanocarpus conchuliferus were included as Category 2 
    candidates.
        The plant notice was revised again on September 27, 1985 (50 FR 
    39526). In that notice, all taxa maintained their previous status. On 
    February 21, 1990 (55 FR 6184), the plant notice was again revised. In 
    this notice, Arabis hoffmannii was included as a Category 1 candidate, 
    as individuals of this taxon had been rediscovered since the previous 
    Notice of Review. Arctostaphylos confertiflora, Castilleja mollis, 
    Dudleya blochmaniae ssp. insularis, Dudleya nesiotica, Galium 
    buxifolium, Gilia tenuiflora ssp. hoffmannii, Helianthemum greenei, 
    Heuchera maxima, Berberis pinnata ssp. insularis, Malacothamnus 
    fasciculatus, Phacelia insularis var. insularis, and Thysanocarpus 
    conchuliferus were included as Category 2 candidates. Malacothrix 
    indecora was included in the February 21, 1990, notice for the first 
    time as a Category 2 candidate.
        The plant notice was revised on September 30, 1993 (58 FR 51144). 
    In this notice, Arabis hoffmannii, Arctostaphylos confertiflora, 
    Castilleja mollis, Dudleya blochmaniae ssp. insularis, Galium 
    buxifolium, Gilia tenuiflora ssp. hoffmannii, Berberis pinnata ssp. 
    insularis, Malacothamnus fasciculatus var. nesioticus, Malacothrix 
    indecora, Phacelia insularis var. insularis, and Thysanocarpus 
    conchuliferus were included as Category 1 candidates. Dudleya 
    nesiotica, Helianthemum greenei, and Heuchera maxima were included as 
    Category 2 candidates; Malacothrix squalida was included for the first 
    time as a Category 2 candidate. Dudleya nesiotica, Helianthemum 
    greenei, Heuchera maxima, and Malacothrix squalida are being included 
    in this proposal based on a more thorough review of existing 
    information, and additional information that was brought to the 
    attention of the Service by Steve Junak, botanist at Santa Barbara 
    Botanic Garden. Dudleya sp. nov. ``East Point'' is being included in 
    this proposal on the basis of new published information concerning its 
    distinctness as a taxon and a review of existing biological information 
    that indicates the species should be elevated to Category 1 status and 
    that listing is warranted.
        Section 4(b)(3)(B) of the Act requires the Secretary to make 
    certain findings on pending petitions within 12 months of their 
    receipt. Section 2(b)(1) of the 1982 amendments further requires that 
    all petitions pending on October 13, 1982, be treated as having been 
    newly submitted on that date. This was the case for Arabis hoffmannii, 
    Castilleja mollis, Dudleya blochmaniae ssp. insularis, Dudleya 
    nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii, 
    Berberis pinnata ssp. insularis, and Malacothamnus fasciculatus var. 
    nesioticus because the 1975 Smithsonian report had been accepted as a 
    petition. On October 13, 1983, the Service found that the petitioned 
    listing of these species was warranted, but precluded by other 
    
    [[Page 38003]]
    pending listing actions, in accordance with section 4(b)(3)(B)(iii) of 
    the Act; notification of this finding was published on January 20, 1984 
    (49 FR 2485). Such a finding requires the petition to be recycled, 
    pursuant to section 4(b)(3)(C)(i) of the Act. The finding was reviewed 
    in October of 1984, 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, and 
    1993. Publication of this proposal constitutes the warranted finding 
    for these species, as well as for Arctostaphylos confertiflora, 
    Helianthemum greenei, Heuchera maxima, Malacothrix indecora, 
    Malacothrix squalida, Phacelia insularis var. insularis, and 
    Thysanocarpus conchuliferus.
    
    Summary of Factors Affecting the Species
    
        Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.) 
    and regulations (50 CFR part 424) promulgated to implement the listing 
    provisions of the Act set forth the procedures for adding species to 
    the Federal lists. A species may be determined to be an endangered or 
    threatened species due to one or more of the five factors described in 
    section 4(a)(1). These factors and their application to Arabis 
    hoffmannii (Munz) Roll., Arctostaphylos confertiflora Eastw., Berberis 
    pinnata Lag. ssp. insularis Munz, Castilleja mollis Penn., Dudleya 
    blochmaniae (Eastw.) Moran ssp. insularis (Moran) Moran, Dudleya 
    nesiotica (Moran) Moran, Dudleya sp. nov. ``East Point'' (S. McCabe), 
    Galium buxifolium E. Greene, Gilia tenuiflora Benth. ssp. hoffmannii 
    (Eastw.) A.& V. Grant, Helianthemum greenei Rob., Heuchera maxima E. 
    Greene, Malacothamnus fasciculatus (Nutt.) E. Greene ssp. nesioticus 
    (Rob.) Kearn., Malacothrix indecora E. Greene, Malacothrix squalida E. 
    Greene, Phacelia insularis Munz var. insularis, and Thysanocarpus 
    conchuliferus E. Greene are as follows:
    
    A. The Present or Threatened Destruction, Modification, or Curtailment 
    of Its Habitat or Range
    
        The single most important loss of resources to insular ecosystems 
    is the loss of soils, as the soils are the foundation for the unique 
    island ecosystems and the insular endemic species found within them. 
    This loss of soils is the result of historic grazing and browsing by 
    sheep, goat, cattle, deer, elk, and bison, and rooting by pigs on the 
    various islands starting in the early 1800's, and in certain cases, 
    continuing today.
        The increased loss of soils and the resulting change in vegetation 
    have been documented from sediment and pollen records in a soil core 
    dating back 5,200 years from the Old Ranch Canyon marsh on eastern 
    Santa Rosa Island (Cole 1994). Rates of sedimentation prior to the 
    introduction of livestock averaged 9 mm/year (yr) (0.35 in/yr), 
    increasing to 58 mm/yr (2.28 in/yr) after the introduction of grazing 
    (Cole 1994). Pollen records demonstrate that the conversion of 
    brushland to grassland occured with the onset of ranching in the early 
    1800's. This change in vegetation is reflected by an increased 
    abundance of grass pollen, a decrease in pollen from the mint and pea 
    families, and a massive increase in sediment (Cole 1994). The potential 
    for large sediment loads is also illustrated by the recent attempts to 
    stabilize soils at Johnson's Lee on the south side of Santa Rosa 
    Island; rice straw wattles placed along hillside contours trapped large 
    volumes of sediment after only one season of rains (Sellgren 1994).
        A comparison of historical descriptions of island vegetation with 
    current conditions indicates that large-scale alteration of habitats 
    caused by large numbers of non-native mammals on the islands resulted 
    in significant loss of soils as well as changes in plant communities in 
    terms of structural composition, species richness, species composition, 
    and absolute cover. In 1883, Thompson and West described the effects of 
    sheep grazing on Santa Cruz Island: ``The island becomes at some times 
    overstocked, and may be said to be in that condition much of the time. 
    The result is that the grasses, being cropped so close, die out, and 
    allow the loosened soil to be removed by wind and rain'' (Hochberg et 
    al. 1980a). However, at that time, vegetation elsewhere on the island 
    was still relatively intact; Greene described mixed forests of large-
    leaved maple (Acer macrophyllum), live oak (Quercus agrifolia), black 
    cottonwood (Populus trichocarpa), and willow (Salix laevigata) thriving 
    in the canyons (Hochberg et al. 1980a). Another account was given by 
    Delphine Adelaide Caire in 1933, who reflected on the conditions of 
    Santa Cruz Island: ``Its present natural beauty does not come up to 
    that of the past. The bed of the stream that skirts the Main Ranch on 
    its way from Pacacho Diablo was much narrower than it is today; 
    mountain slopes were heavily wooded and centuries-old oaks were 
    numerous. In the course of years, rains have accomplished their ruinous 
    work, carrying off a great amount of topsoil, the innumerable trails 
    cut by sharp sheep trotters having been a contributing factor in such 
    devastation'' (Hochberg et al. 1980a).
        The importance of soils in maintaining habitat for the proposed 
    taxa is found not only in their physical properties, but in their 
    biotic properties as well. Healthy soils play host to a complex matrix 
    of soil organisms, including fragile microbial components, that assist 
    in such processes as water-holding capacity, soil fertility, and 
    nutrient cycling. These processes have been adversely affected by the 
    activities of alien mammals. For instance, the loss of leaf litter from 
    trampling and rooting changes soil temperatures, increases the loss of 
    moisture, reduces the humus layers, and results in a reduced soil fauna 
    (Bennett 1993). The breakdown of organic material, transport of fungal 
    spores, and nutrient recycling have been documented for soil mites on 
    Santa Catalina Island (Bennett 1993). Soil mite diversity decreased 
    with increased disturbance, creating impoverished nutrient levels in 
    the soil (Bennett 1993). A feature of arid-land soils (typical of the 
    island soils) is the presence of a cyanobacterial-lichen crust that 
    facilitates stabilization of steep slopes and nutrient cycling (Belnap 
    1994). The crusts are extremely brittle during the dry summer months 
    and can be eliminated by the shattering influences of trampling by non-
    native herbivores (Belnap 1994). The historic and current presence of 
    non-native herbivores and pigs has reduced leaf litter and compacted 
    and degraded the soil structure, resulting in accelerated rates of 
    erosion (Klinger et al. 1994, Nishida 1994).
        Even after the agents that initiated erosion have been removed, 
    loss of soils continues (Clark et al. 1990, Halvorson 1993). Because 
    both the biotic and physical properties of the soils have been degraded 
    or lost altogether, the soils that remain behind provide poor 
    conditions for seedlings to germinate and establish. On Santa Rosa 
    Island, a grove of island oaks (Quercus tomentella), a Category 2 
    candidate for Federal listing, has shown few signs of regeneration on 
    soils severely affected by erosion even after an exclosure was built to 
    eliminate cattle, elk, and deer (Danielsen 1989a, 1989b). All 16 taxa 
    in this proposed rule are threatened with habitat instability due to 
    the loss and degradation of soils on all islands.
        Several historic accounts include specific references to the 
    abundance and distribution of several of the proposed taxa, which can 
    be compared to current abundance and distribution information. In a 
    letter to Hoffmann in 1932 concerning Berberis pinnata ssp. insularis, 
    Munz remarked that, 
    
    [[Page 38004]]
    ``Brandegee says of B. pinnata, that it is `common' on S.C.'' (S. 
    Junak, in litt. 1994); Berberis pinnata ssp. insularis is currently 
    known from three small populations. In 1890, Brandegee wrote that 
    Heuchera maxima was ``not uncommon throughout Santa Cruz Island'' 
    (Hochberg et al. 1980a); it is currently reduced to 12 populations on 
    that island, and 11 populations on West Anacapa Island. Apparently, 
    Malacothamnus fasciculatus var. nesioticus was already rare by the turn 
    of the century; Greene wrote that the plant was ``rare; only two bushes 
    seen, and these under the protection of large opuntias; perhaps thus 
    kept from the sheep'' (Hochberg et al. 1980a).
        Seabirds have altered historic habitat for Malacothrix indecora on 
    San Miguel Island and Prince Island, and known sites for Malacothrix 
    squalida on Anacapa Island. CINP has been monitoring certain seabirds, 
    including the double-crested cormorant (Phalacrocorax auritus), the 
    pelagic cormorant (Phalacrocorax pelagicus), the federally endangered 
    brown pelican (Pelecanus occidentalis), the western gull (Larus 
    occidentalis), and Cassin's auklet (Ptychoramphus aleuticus), on 
    islands within CINP since 1985. Many of these bird species experienced 
    severe population declines in the late 1960's and early 1970's as a 
    result of DDT-related reproductive failures (Ingram 1994). However, 
    monitoring results indicate that populations of most of these birds 
    have increased over the past decade. Seabirds use local vegetation to 
    construct nests on cliff and blufftop sites, create localized soil 
    disturbances that facilitate establishment of alien plant species, and 
    promote erosion of coastal bluffs. Seabird activity has been noted on 
    Middle Anacapa Island within habitat for Malacothrix squalida (S. 
    Junak, pers. comm. 1994).
        In 1990, seabirds on Prince Island included 10,000 Cassin's auklets 
    and 240 double-crested cormorants (Ingram 1994); other seabirds that 
    nest on the island but were not monitored include the ashy storm-petrel 
    (Oceanodroma homochroa), Leach's storm-petrel (Oceanodroma lencorhoa), 
    Brandt's cormorant (Phalacrocorax penicillatus), pelagic cormorant, 
    brown pelican, western gull, pigeon guillemot (Cepphus columba), and 
    Xantus' murrelet (Synthliboramphus hypoleuca). Due to the degree of 
    protection afforded this nesting activity by CINP, surveys for 
    Malacothrix indecora within historic habitat have not been done since 
    the taxon was last seen there in 1978. Given the size of the island (24 
    hectares (60 acres)) and the number of nesting birds, habitat for 
    Malacothrix indecora has likely been affected.
        Compaction of soils and crushing of plants resulting from vehicle 
    traffic is a potential threat to three of the proposed taxa on Santa 
    Rosa Island: Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. 
    ``East Point,'' and Gilia tenuiflora ssp. hoffmannii. Populations of 
    all three taxa occur at sites where vehicles were historically or are 
    currently used. The only known population of Gilia tenuiflora ssp. 
    hoffmannii is bisected by a road.
    
    B. Overutilization for Commercial, Recreational, Scientific, or 
    Educational Purposes
    
        Unrestricted collecting for scientific or horticultural purposes 
    and excessive visits by individuals interested in seeing rare plants 
    constitutes a potential threat to certain of the taxa in this proposal. 
    In particular, the collection of whole plants or reproductive parts of 
    those annual or herbaceous perennial taxa with fewer than 100 
    individuals, including Arabis hoffmannii, Berberis pinnata ssp. 
    insularis, Malacothamnus fasciculatus var. nesioticus, Malacothrix 
    indecora, Malacothrix squalida, and Thysanocarpus conchuliferus, could 
    adversely affect the genetic viability and survival of those taxa. In 
    the horticultural trade, Dudleya species have, in particular, been 
    favorite collection items. Dudleya sp. nov. ``East Point'' was 
    collected and introduced into the horticultural trade long ago as 
    ``white sprite.'' Dudleya blochmaniae ssp. insularis and Dudleya 
    nesiotica, though not in the trade, have been cultivated by Dudleya 
    enthusiasts. The limited distribution of these three taxa makes them 
    vulnerable to such enthusiasts. Heuchera maxima is also found in 
    cultivation; the threat of collection for this taxon is unknown.
    
    C. Disease or Predation
    
        In 1875, when sheep stocking on Santa Cruz Island was around 50,000 
    head, botanist J.T. Rothrock reported that the island was so overgrazed 
    that ``it was with difficulty that I could get even a decent botanical 
    specimen'' (Hobbs 1983). Although sheep grazing has been removed as a 
    current threat, the decades of overgrazing by sheep have had long-term 
    effects in reducing the reproductive capabilities and distribution of 
    many of the taxa included in this proposal. A review of literature 
    pertinent to effects of sheep on island vegetation is included in 
    Hochberg et al. (1980a). Feral pigs, feral goats, sheep, deer, elk, 
    horses, and bison currently occur in habitats that support populations 
    of most of the taxa included in this proposal. In addition to modifying 
    habitat through altering the structure and composition of plant 
    communities, altering hydrologic and soil characteristics, and 
    increasing the potential for erosion as discussed under Factor A, non-
    native mammals also affect the proposed plant taxa through direct 
    herbivory. The effects of defoliation on plants include decreased 
    aboveground biomass, fewer stems, less seed, reduced height of leaves 
    and stems, decreased root biomass, reduced root length, decreased 
    carbohydrate reserves, and reduced vigor (Heady in Willoughby 1986).
        The effects of grazing animals on plants can be demonstrated by 
    studies on oaks and pines on the Channel Islands. On Santa Cruz Island, 
    oak groves are more numerous and in better condition than those on 
    Santa Rosa Island, but still show no signs of recruitment due to pig 
    rooting. A recent comparison of fenced and unfenced sites under live 
    oak (Quercus agrifolia) tree canopies showed a significant number of 
    oak seedlings within the fenced sites (Peart et al. 1994). On Santa 
    Cruz Island, the removal of feral sheep has been credited with allowing 
    the reestablishment of native woody perennials including the Bishop 
    pine (Pinus muricata) (Wehtje 1994). On Santa Rosa Island, the Bishop 
    pine continues to display low recruitment and high older-tree mortality 
    caused by deer browsing, placing the population ``at risk'' (of 
    extirpation) under present conditions (Viers and Halvorson 1994). The 
    Santa Cruz Island ironwood (Lyonothamnus floribundus ssp. 
    asplenifolius), a Category 2 candidate for Federal listing, is 
    similarly lacking in recruitment on Santa Rosa Island.
        Clark et al. (1990) noted that most individuals of Santa Rosa 
    Island manzanita suffer from severe browsing by elk and deer. The shape 
    of individual shrubs has been modified as a result of browsing. Short-
    statured shrubs have been hedged to the point that they do not grow 
    above a certain height; in shrubs that attained a taller stature before 
    browsing pressure became severe, all lower limbs and leaves have been 
    stripped, resulting in a ``lollipop'' or tree-shaped shrub. Apparently, 
    the browsing pressure on Santa Rosa Island manzanita has affected its 
    ability to reproduce; Clark reported not seeing a single seedling 
    during a survey in 1988 (Ronilee Clark, ecologist, California Park 
    Service, pers. comm. 1994).
        The widespread effects of grazing on island vegetation have been 
    illustrated through the above examples; similar effects on the proposed 
    taxa are inferred. However, specific examples of 
    
    [[Page 38005]]
    browsing or grazing by alien mammals on certain proposed taxa have been 
    observed, including Castilleja mollis, Gilia tenuiflora ssp. 
    hoffmannii, Arabis hoffmannii, and Thysanocarpus conchuliferus. In 
    1993, perhaps as much as 20 percent of the Carrington Point populations 
    of Castilleja mollis were consumed by deer. Individual plants were 
    excavated, leaving depressions in the sandy soils where plants had been 
    observed five months earlier (Sarah Chaney, CINP, pers. comm. 1993).
        Grazing can completely eliminate plants and prevent the supplement 
    of seed to the seed bank. Of the six collections of Gilia in the 
    herbarium at the Santa Barbara Botanic Garden, only two collections 
    made during April 1941 show no signs of browsing. The remaining four 
    collections were made between the months of May and June between 1963 
    and 1978, and all show signs of having been browsed (Rutherford and 
    Thomas, in litt. 1994). In 1993, Thomas visited the Gilia population 
    twice; during the first visit in April, the Gilia had not been browsed, 
    but by the second visit in May, the Gilia had been browsed (Thomas, in 
    litt. 1993). In response to such browsing, the annual Gilia forms 
    multiple side branches; an individual plant may produce a greater 
    number of flowers, but this does not necessarily increase the fecundity 
    of the plant (Painter and Belsky 1993). Flowers produced later in the 
    season out of synchrony with pollinator activity lowers seed 
    productivity.
        The Nature Conservancy has been monitoring population sizes for 
    Arabis hoffmannii on Santa Cruz Island since 1990. In 1993, only 19 
    individuals were observed in the Centinela population; this represented 
    a net loss of 13 individuals from the previous year, with mortality of 
    9 of those plants ``directly attributed to pig rooting'' (Klinger 
    1994a). Pigs also ``rooted up entirely'' 6 out of 14 populations of 
    Thysanocarpus conchuliferus that were monitored in 1993 (Klinger 
    1994b).
        All of the taxa included in this proposal, with the exception of 
    Berberis pinnata ssp. insularis, have populations that are subject to 
    predation by one or more non-native mammals. Apparently, the roots of 
    Berberis species are often toxic (Williams 1993), making consumption by 
    feral pigs unlikely.
        The response of plant communities to the removal of grazing depends 
    in part on the degree of disturbance that has already been caused by 
    grazing. Lightly grazed areas may return to pregrazing conditions more 
    quickly. In areas that have been more heavily grazed, the loss of soils 
    and their physical and biotic properties may favor the recovery of 
    certain species over others once grazing has been eliminated. If 
    ecosystem processes have been reduced or eliminated through heavy and/
    or long-term grazing, pre-grazing conditions may never be attained 
    during the recovery process. The effects of the removal of grazing from 
    the proposed taxa are unknown. While populations of other island taxa 
    have increased once grazing pressure has been removed (Peart et al. 
    1994, Wehtje 1994), other taxa, such as the insular form of Torrey pine 
    (Pinus torreyana), may decrease with a reduction in grazing pressure 
    (Viers and Halvorson 1994). Junak observed that after sheep were 
    removed in 1989, Helianthemum greenei populations increased in size for 
    several years, most likely in response to the release of grazing 
    pressure. However, with grazing pressure removed, other shrub taxa also 
    increased in cover, leading to increased competition for resources, and 
    a subsequent decline in Helianthemum greenei population sizes (S. 
    Junak, pers. comm. 1994).
        Diseases are not specifically known to threaten any of the taxa 
    included in this proposal.
    
    D. The Inadequacy of Existing Regulatory Mechanisms
    
        Under the Native Plant Protection Act (sec. 1900 et seq. of the 
    Fish and Game Code) and the California Endangered Species Act (sec. 
    2050 et seq.), the California Fish and Game Commission has listed 
    Dudleya nesiotica and Galium buxifolium as rare and Berberis pinnata 
    ssp. insularis and Malacothamnus fasciculatus ssp. nesiotica as 
    endangered. The remaining taxa included in this listing proposal, 
    excepting Dudleya sp. nov. ``East Point,'' are on List 1B of the 
    California Native Plant Society's Inventory (Smith and Berg 1988), 
    indicating that, in accordance with sec. 1901, chapter 10 of the 
    California Department of Fish and Game Code, they are eligible for 
    State listing. Though both the Native Plant Protection Act and the 
    California Endangered Species Act prohibit the ``take'' of State-listed 
    plants (sec. 1908 and sec. 2080 of the Fish and Game Code), State law 
    appears to exempt the destruction of such plants via habitat 
    modification or land use change by the landowner. After the California 
    Department of Fish and Game notifies a landowner that a State-listed 
    plant grows on his or her property, State law requires only that the 
    landowner notify the agency ``at least 10 days in advance of changing 
    the land use to allow salvage of such plant'' (sec. 1913). Privately 
    owned lands that support populations of the taxa in this proposal 
    include most of Santa Cruz Island, 90 percent of which is owned by TNC; 
    the remaining 10 percent is owned jointly by NPS and a private 
    landowner. On Santa Catalina Island, habitat for Helianthemum greenei 
    occurs on land managed by the Catalina Conservancy, a private 
    conservancy owned by the Catalina Island Company. In general, these 
    State regulatory mechanisms would not likely be invoked, because major 
    changes in land use, such as development projects, are not likely to be 
    proposed on these properties. Furthermore, without such proposed 
    changes in land use, the State is unlikely to take regulatory action 
    over ongoing activities, such as cattle, sheep, goat, and bison 
    grazing, and deer browsing.
        The California Fish and Game Commission (Commission) also regulates 
    hunting on private and public lands by issuing permits for the take of 
    a specified number of animals and taking measures to manage herd sizes. 
    The Commission issues permits for deer hunting on Santa Catalina 
    Island. In 1993, the Commission issued 300 tags for deer hunting on the 
    island; due to an increasing herd size, the Commission may grant a 
    request from the Catalina Island Company to issue a larger number of 
    tags in 1994 (Ken Mayer, California Department of Fish and Game (CDFG), 
    pers. comm. 1994). Pigs are considered livestock if they are fenced or 
    marked, but considered wild game if they are unfenced and unmarked. The 
    Catalina Island Company has entered into a Memorandum of Understanding 
    (MOU) with CDFG to allow eradication of feral pigs on Catalina Island 
    (Mayer, pers. comm. 1994). A similar MOU between CDFG and TNC exists 
    for the removal of pigs from Santa Cruz Island. Bison, which occur on 
    Santa Catalina Island, are considered livestock and therefore not 
    regulated by any agency. Apparently, the Commission has no regulatory 
    authority over hunting or herd size of deer and elk on Santa Rosa 
    Island, because these ungulates were originally transported there under 
    a game breeder's permit in the early 1900's.
        Several Federal laws, Department of the Interior policies, and 
    National Park Service policies and guidelines apply to the management 
    of NPS lands. These laws and guidelines include the National 
    Environmental Policy Act (NEPA), the Endangered Species Act, NPS 
    guidelines for natural resources management (NPS 1991), and the CINP 
    Statement for Management (NPS 1985). The 1980 Congressional legislation 
    enabling purchase of Santa Rosa Island 
    
    [[Page 38006]]
    as a national park from the Vail and Vickers Company stated that the 
    owner ``may retain for himself a right of use and occupancy of all or 
    such portion of the property as the owner may elect for a definite term 
    of not more than twenty-five years, or ending at the death of the 
    owner, or his spouse, whichever is later. The owner shall elect the 
    term to be reserved. Any such right retained pursuant to this 
    subsection with respect to any property shall be subject to termination 
    by the Secretary upon his determination that such property is being 
    used for any purpose which is incompatible with the administration of 
    the park, or with the preservation of the resources therein, and it 
    shall terminate by operation of law upon notification by the Secretary 
    to the holder of the right of such determination and tendering to him 
    the amount equal to the fair market value of that portion which remains 
    unexpired'' (Public Law 96-199, 94 Stat. 67, March 5, 1980). The 
    legislation also directed the Secretary to complete a natural resources 
    study within two years that would supply an inventory of all 
    terrestrial and marine species, indicating their population dynamics, 
    and probable trends as to future numbers and welfare, and to recommend 
    action that should be adopted to better protect the natural resources 
    of the park.
        Under this legislation, the former owners, the Vail and Vickers 
    Company, chose to retain the rights to occupy 3.1 hectares (7.6 acres), 
    to continue the cattle ranching operation, and to continue a commercial 
    deer and elk hunting operation. To allow such continued use, NPS issues 
    Special Use Permits (SUP) for five-year terms. The first SUP that was 
    issued to Vail and Vickers Company included a condition that a range 
    management plan be developed within five years. The plan, however, does 
    not address protection of the proposed taxa (USFWS 1991, 1992, 1993). 
    Due to unresolved NEPA issues (the apparent need to prepare an 
    Environmental Impact Statement for the first SUP), the Record of 
    Decision for the document has not been signed.
        In a recent review of the range management plan, the Service found 
    that measuring residual dry matter, the proposed means of determining 
    appropriate stocking rates, is inadequate to monitor other indicators 
    of ecosystem health, including composition and diversity of species, 
    and the condition of candidate plant species (USFWS 1993). The 
    monitoring of sensitive resources within grazed areas is commonly 
    recommended (NPS 1991, Ruyle 1987, Willoughby 1986), but in this case 
    has not been included in the range management plan. Currently, the 
    condition of the vegetation on Santa Rosa Island is monitored by 
    assessing the residual dry matter of grassland vegetation, which is 
    composed primarily of non-native species (NPS 1993).
        San Miguel Island and adjacent Prince Island (a small islet) are 
    under the jurisdiction of the Department of the Navy (Navy), but NPS 
    assists in the management of natural, historic, and scientific values 
    of San Miguel Island through a Memorandum of Agreement (MOA) originally 
    signed in 1963, an amendment signed in 1976, and a supplemental 
    Interagency Agreement (IA) signed in 1985. The MOA states that the 
    ``paramount use of the islands and their environs shall be for the 
    purpose of a missile test range, and all activities conducted by or in 
    behalf of the Department of the Interior on such islands, shall 
    recognize the priority of such use'' (Department of the Navy 1963). In 
    addition to San Miguel Island, four other islands including Anacapa, 
    Santa Barbara, Santa Cruz, and Santa Rosa lie wholly within the Navy's 
    Pacific Missile Test Center (PMTC) Sea Test Range. The 1985 IA provides 
    for PMTC to have access and use of portions of those islands, for 
    expeditious processing of any necessary permits by NPS, and for 
    mitigation of damage of park resources from any such activity 
    (Department of the Navy 1985). Should the Navy no longer require use of 
    the islands, NPS would seek authorization for the islands to be 
    preserved and protected as units within the NPS system (Department of 
    the Navy 1976). To date, conflicts concerning protection of sensitive 
    resources on San Miguel Island have not occurred; however, protection 
    and management for the three proposed taxa that occur on the island, 
    Galium buxifolium, Malacothrix squalida, and Phacelia insularis ssp. 
    insularis, have not been addressed, leaving in question which agency 
    has ultimate responsibility to do so.
    E. Other Natural or Manmade Factors Affecting Its Continued Existence
        Several species of non-native aggressive plant species are 
    considered problematic invaders, including Australian fireweed 
    (Erechtites glomerata), several species of iceplant (Carpobrotus spp., 
    Mesembryanthemum spp.), several thistle species (Centaurea spp., 
    Cirsium spp., Silybum sp.), German ivy (Senecio mikanoides), hoary 
    cress (Cardaria draba), and Russian thistle (Salsola iberica). Over 180 
    species of non-native plant species have been documented from the 
    northern island group (Hochberg et al. 1979, Halvorson et al. 1987). 
    Displacement of native habitats and species has been a concern for the 
    natural resource managers on the islands.
        Fennel (Foeniculum vulgare) has apparently become widespread since 
    the removal of sheep from Santa Cruz Island. Fennel was noticed as a 
    pest species prior to the removal of sheep as reported in Hobbs (1983). 
    Sheep kept the plant from growing to its full height of 2 m (6 ft); 
    since their removal, the plant has ``appeared'' over large areas of the 
    island. Several papers were presented at a recent (1994) symposium on 
    techniques used to control fennel (Brenton and Klinger 1994, Dash and 
    Gliessman 1994, Gliessman 1994), which, when left unchecked, completely 
    dominates the habitats it occupies to the exclusion of other species. 
    Fennel apparently contains a chemical that prevents other species from 
    competing for occupied sites (Gliessman 1994).
        Incidental introductions of seed to the Channel Islands occur 
    constantly; sources include wind-blown seed from the mainland, 
    introductions from restocking non-native animals, and operational 
    equipment (vehicles and construction materials). Deliberate 
    introductions of seed also occur; during the 1960's, one pilot recalled 
    scattering bags of commercial wildflower and grass seed on most of the 
    northern Channel Islands (Rutherford, in litt. 1994). When new 
    introductions and established seed sources occur in areas with 
    consistent disturbance resulting from grazing, browsing, and rooting by 
    non-native mammals, the invasions can become overwhelming. These 
    invasive species have a high probability of preventing recruitment and 
    causing habitat displacement of all taxa in this proposed rule.
        TNC acquired nine-tenths of Santa Cruz Island from the previous 
    landowner in 1987. TNC's general goals for preserve management include 
    the preservation, protection, restoration, and understanding of the 
    natural resources (Rob Klinger, TNC, Santa Cruz Island, pers. comm. 
    1994). Although a specific management plan for the Santa Cruz Island 
    Preserve has not been developed, certain management activities have 
    already been undertaken. These activities include long-term monitoring 
    of specific plant communities and rare plant populations; trial 
    programs in feral pig removal, herbicide treatment of alien plant 
    species, and controlled burns in grassland and island pine communities; 
    and research on specific species, and response of plant communities to 
    
    [[Page 38007]]
    removal of non-native mammals. A five-year trial feral pig removal 
    program was successful in removing all but a few pigs from a 2,400-
    hectare (6,000-acre) exclosure on the south side of the island. The 
    number of pigs has begun to increase. TNC also took immediate steps to 
    remove sheep upon acquiring the property, but has been unable to manage 
    the apparent rapid invasion of alien fennel that resulted from the 
    release of grazing pressure. TNC is exploring options for implementing 
    island-wide feral pig removal and other management activities; these 
    options may include developing an agreement with NPS for that agency to 
    manage the island.
        The species that occupy insular habitats, like those found on the 
    nearby mainland, have characteristics that enable them to recover from 
    fire events. These characteristics include the production of seeds that 
    respond favorably to fire temperatures and chemical products (charates) 
    and root burls that resprout following a fire (Carroll et al. 1993). 
    Tree ring histories from island Torrey pines with fire scars reveal 
    that pre-livestock fire events occurred at 20 to 30 year intervals 
    (Viers and Halvorson 1994). Since little evidence exists that lightning 
    fires occur at these frequencies (Carroll et al. 1993), man is 
    implicated as the principal agent of ignition (Timbrook et al. 1982).
        Fire has been removed as a functioning ecological process on the 
    islands for over 150 years. The absence of fire has created an 
    imbalance in recruitment and regeneration of ecosystem components, 
    including many of the proposed species. Therefore, the current 
    distribution of island vegetation does not represent prehistoric 
    conditions (Minnich 1980). Many of the brushland species will not 
    regenerate without fire and with age will die back. Browsing and 
    grazing animals reduce the probability of survival for these fire-
    adapted species by removing seed and seedlings. This could be 
    devastating to recruitment following a fire event. Seedling consumption 
    could effectively terminate the subsequent generation necessary to re-
    establish the seed bank.
        The fuel load (the amount of standing and downed vegetation) has 
    been dramatically altered from heavy (brush) to light (grass) through 
    the agents of ranching and sport hunting management. The characteristic 
    fire intensities and durations shifted from long duration and high 
    intensity with brush fuels to short duration and light intensities with 
    grass fuels. The life history requirements of most taxa in this 
    proposed rule (Arabis hoffmannii, Arctostaphylos confertiflora, 
    Berberis pinnata ssp. insularis, Castilleja mollis, Galium buxifolium, 
    Helianthemum greenei, Malacothamnus fasciculatus var. nesioticus, 
    Malacothrix indecora, Malacothrix squalida, Phacelia insularis ssp. 
    insularis, and Thysanocarpus conchuliferus) are based upon the 
    occurrence of fires to promote reproduction and reduce competition with 
    other species.
        Many of the known pollinators on the islands are ground-nesting 
    insects (Miller 1985, Miller and Davis 1985). The habitat of these 
    ground-nesting insects has been and is being degraded by trampling and 
    serious loss of soils to active erosion on all of the islands.
        The small numbers of isolated populations and individuals of most 
    of these taxa increase the potential for extinction from stochastic 
    events. Five of the proposed taxa, Dudleya blochmaniae ssp. insularis, 
    Dudleya sp. nov. ``East Point,'' Dudleya nesiotica, Gilia hoffmannii, 
    and Malacothrix indecora, are known from single populations. Six other 
    proposed taxa, Arabis hoffmannii, Berberis pinnata ssp. insularis, 
    Castilleja mollis, Malacothamnus fasciculatus ssp. nesioticus, 
    Malacothrix squalida, and Phacelia insularis ssp. insularis, are known 
    from only two to five populations.
        Species with small numbers of populations and individuals are 
    subject to the threat of stochastic extinction in several ways. First, 
    the loss of genetic diversity may decrease the species' ability to 
    maintain fitness within the environment, and is frequently manifested 
    in depressed reproductive vigor. From the genetic analyses conducted 
    for the two populations of Malacothamnus fasciculatus var. nesioticus, 
    Swenson et al. (in prep.) concluded that the two genotypes represented 
    in each of the two populations ``probably represent only a portion of 
    the diversity once present in var. nesioticus.'' Elisens (1994) 
    documented reduced levels of genetic diversity in Galvesia speciosa, a 
    Channel Islands endemic plant and Category 2 candidate for Federal 
    listing, and noted that the levels were ``likely the result of 
    decreased population sizes initiated by human activities and herbivore 
    introductions.''
        Secondly, species with low numbers of populations or individuals 
    may be subject to forces that affect their ability to complete their 
    life cycle successfully. Arctostaphylos confertiflora, like a host of 
    other perennial shrub and tree taxa that are candidates for Federal 
    listing on the northern Channel Islands, provides an excellent example 
    of this type of threat. The only remaining individuals of this species 
    are of moderate to old age, and the establishment of new individuals is 
    completely lacking. The effects of browsing animals on critical 
    portions of the species' life cycle has resulted in the inability of 
    the species to establish new individuals to replenish the population. 
    The degree of pollination success for manzanita flowers is unknown; 
    however, the presence of alien grazing and browsing animals has most 
    likely depressed the number of native pollinators available to the 
    native plants. Even if pollination occurs and results in successful 
    fruiting, the fruits are eaten by browsing animals. Even if fruits 
    escape predation and seeds do germinate, the seedlings are either 
    trampled or eaten by those same animals. All of the species in this 
    rule that occur on Santa Rosa, Santa Cruz, and Santa Catalina Islands 
    are similarly affected.
        Thirdly, catastrophic environmental events, such as storms, 
    drought, fire, or landslides, could destroy a significant percentage of 
    a species' individuals, or the only known extant population. Arabis 
    hoffmannii and Thysanocarpus conchuliferus are examples of species that 
    could sustain losses of individuals and populations through landslides 
    and soil sloughing as a result of storm events.
    
        In summary, stochastic events can affect species on three different 
    levels: through loss of genetic diversity, through chance events in 
    survival and reproduction, and through catastophic environmental 
    events. When numbers of populations and individuals reach critically 
    low levels, more than one of the three types of stochastic events may 
    combine to cause extinction. For instance, a species that has had low 
    reproductive success due to grazing or browsing pressure during a 
    critical portion of its life cycle may subsequently be subject to a 
    severe drought or storm event that eliminates any remaining individuals 
    or populations. Stochastic extinction constitutes a major threat to all 
    of the taxa being proposed.
    
        The Service has carefully assessed the best scientific and 
    commercial information available regarding the past, present, and 
    future threats faced by these taxa in determining to propose this rule. 
    Based on this evaluation, the preferred action is to propose Arabis 
    hoffmannii, Arctostaphylos confertiflora, Berberis pinnata ssp. 
    insularis, Castilleja mollis, Dudleya blochmaniae ssp. insularis, 
    Dudleya sp. nov. ``East Point,'' Dudleya nesiotica, Galium buxifolium, 
    Gilia tenuiflora ssp. hoffmannii, Helianthemum greenei, Heuchera 
    maxima, Malacothamnus 
    
    [[Page 38008]]
    fasciculatus ssp. nesioticus, Malacothrix indecora, Malacothrix 
    squalida, Phacelia insularis ssp. insularis, and Thysanocarpus 
    conchuliferus as endangered. Threats to the 16 taxa include soil loss, 
    habitat alteration by mammals alien to the Channel Islands (pigs, 
    goats, sheep, donkeys, cattle, deer, elk, horses, bison) and direct 
    predation by these same alien mammals, habitat alteration by native 
    seabirds, habitat alteration due to vehicular traffic, overcollection 
    for scientific or horticultural purposes, and competition with alien 
    plant taxa. The 16 taxa also have an increased vulnerability to 
    extinction due to reduced genetic viability, depressed reproductive 
    vigor, and stochastic environmental events resulting from small numbers 
    of individuals and populations. Because these 16 taxa are in danger of 
    extinction throughout all or a significant portion of their ranges, 
    they fit the definition of endangered as defined in the Act. Critical 
    habitat is not being proposed for these taxa for reasons discussed in 
    the ``Critical Habitat'' section of this proposal.
    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 
    a determination that such areas are essential for the conservation of 
    the species. ``Conservation'' means the use of all methods and 
    procedures needed to bring any protected species to the point at which 
    the measures provided pursuant to the Act are no longer necessary (50 
    CFR 424.02(c)).
        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 specify critical habitat at the time a 
    species is proposed for listing. The Service finds that designation of 
    critical habitat is not prudent for Arabis hoffmannii, Arctostaphylos 
    confertiflora, Berberis pinnata ssp. insularis, Castilleja mollis, 
    Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. ``East Point,'' 
    Dudleya nesiotica, Galium buxifolium, Gilia tenuiflora ssp. hoffmannii, 
    Helianthemum greenei, Heuchera maxima, Malacothamnus fasciculatus ssp. 
    nesioticus, Malacothrix indecora, Malacothrix squalida, Phacelia 
    insularis ssp. insularis, and Thysanocarpus conchuliferus at this time. 
    Service regulations (50 CFR 424.12(a)(1)) state that designation of 
    critical habitat is not prudent when one or both of the following 
    situations exist: (1) the species is threatened by taking or other 
    human activity, and identification of critical habitat can be expected 
    to increase the degree of such threat to the species, or (2) such 
    designation of critical habitat would not be beneficial to the species.
        The National Park Service, the Department of Defense, The Nature 
    Conservancy, and other pertinent parties have been notified of the 
    location and importance of protecting these species' habitat. Because 
    protection of these species' habitat will be addressed through the 
    recovery process and through the section 7 consultation process as a 
    result of listing these species, there would be little additional 
    benefit to designating critical habitat. Therefore, the Service finds 
    that designation of critical habitat for these plants is not prudent at 
    this time as such designation would provide little additional benefit 
    beyond that provided through the section 7 consultation process.
    
    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 
    practices. Recognition through listing encourages and results in 
    conservation actions by Federal, State, and private agencies, groups, 
    and individuals. The Act provides for possible land acquisition and 
    cooperation with the States and requires that recovery actions be 
    carried out for all listed species. The protection required of Federal 
    agencies and the prohibitions against certain activities involving 
    listed plants are discussed, in part, below.
        Section 7(a) of the Act, as amended, requires Federal agencies to 
    evaluate their actions with respect to any species that is proposed or 
    listed as endangered or threatened and with respect to its critical 
    habitat, if any is designated. Regulations implementing this 
    interagency cooperation provision of the Act are codified at 50 CFR 
    part 402. Section 7(a)(4) requires Federal agencies to confer 
    informally with the Service on any action that is likely to jeopardize 
    the continued existence of a proposed species or result in destruction 
    or adverse modification of proposed critical habitat. If a species is 
    subsequently listed, section 7(a)(2) requires Federal agencies to 
    ensure that activities they authorize, fund, or carry out are not 
    likely to jeopardize the continued existence of such a species or to 
    destroy or adversely modify its critical habitat. If a Federal action 
    may affect a listed species or its critical habitat, the responsible 
    Federal agency must enter into formal consultation with the Service.
        The Service and NPS have recently agreed to pursue development of a 
    Conservation Agreement under the Secretary of the Interior's directive 
    for Federal agencies to cooperate in the conservation of species for 
    which listing may be appropriate (U.S. Dept. of Interior 1994). The 
    Conservation Agreement would focus on the prelisting recovery needs of 
    the other plant and animal candidate taxa from the northern Channel 
    Islands, such that listing for some of those taxa may be avoided, and 
    would also serve as a template for the future development of a recovery 
    strategy for the 16 taxa included in this proposal. In addition, if 
    threats to these 16 taxa can be reduced or eliminated, final listing of 
    some or all of the proposed taxa may be precluded.
        Of the 16 proposed taxa, all except 3 (Dudleya nesiotica, 
    Malacothamnus fasciculatus ssp. nesioticus, and Thysanocarpus 
    conchuliferus) have populations or historical habitat located on 
    Federal lands. Three of the taxa (Galium buxifolium, Malacothrix 
    indecora, and Phacelia insularis ssp. insularis) have populations or 
    historical habitat on San Miguel Island, which is owned by the Navy and 
    managed by NPS through a Memorandum of Agreement and Interagency 
    Agreement. Navy activities that could potentially affect these taxa and 
    their habitats include military exercises and equipment testing and 
    retrieval carried out under the Executive Order that established the 
    Pacific Missile Test Center (PMTC) Sea Test Range, which includes 
    Anacapa, San Miguel, Santa Barbara, Santa Cruz, and Santa Rosa Islands 
    and their environs.
        Three of the taxa (Berberis pinnata ssp. insularis, Heuchera 
    maxima, and Malacothrix squalida) have populations or historical 
    habitat on Anacapa Island, which is owned and managed by NPS. Eleven of 
    the 16 taxa have populations or historical habitat on Santa Rosa 
    Island, which is owned and managed by NPS. Five of those 11 taxa are 
    single island endemics (Arctostaphylos confertiflora, Castilleja 
    mollis, Dudleya blochmaniae ssp. insularis, Dudleya sp. nov. ``East 
    Point,'' Gilia tenuiflora ssp. hoffmannii). NPS activities that could 
    potentially affect these taxa and their 
    
    [[Page 38009]]
    habitats include specific management plans, including those that 
    address expansion of park facilities; expansion of visitor services; 
    range management plans, including those that address cattle ranching 
    and deer and elk hunting; alien plant removal programs; and other 
    ecosystem restoration programs. Other activities include the issuing of 
    permits, including Special Use Permits, that authorize continued 
    ranching and hunting operations on Santa Rosa Island. Also included are 
    permits that authorize activities by other agencies or organizations, 
    including rights-of-way to the Department of Commerce to access 
    lighthouse and communication facilities. The enabling legislation that 
    authorized NPS purchase of Santa Rosa Island also provides a mechanism 
    to ensure protection of the island's natural resources. Sections 
    202(d)(1) and 202(d)(2) of Title II, Public Law 96-199, state that if 
    the Secretary of the Interior determines the property is being used for 
    any purpose that is incompatible with the administration of the park or 
    with the preservation of its resources, the Secretary shall terminate 
    the retained right and use of occupancy by the former owner.
        As mentioned above, there are four taxa that occur wholly on lands 
    owned and managed by TNC. Future management of Santa Cruz Island may 
    involve NPS as a cooperator, since the island is within National Park 
    boundaries. NPS has already developed a keen interest in the 
    conservation of the proposed taxa on Santa Cruz Island, and the Service 
    would anticipate coordination with NPS on issues affecting those taxa.
        The Act and its implementing regulations set forth a series of 
    general prohibitions and exceptions that apply to all endangered 
    plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
    50 CFR 17.61, 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, the Act prohibits the 
    malicious damage or destruction on areas under Federal jurisdiction and 
    the removal, cutting, digging up, or damaging or destroying of such 
    plants 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, 
    (59 FR 34272) on July 1, 1994, to identify to the maximum extent 
    practicable at the time a species is listed those activities that would 
    or would not be likely to constitute a violation of section 9 of the 
    Act. The intent of this policy is to clarify the potential impacts of a 
    species' listing on proposed and ongoing activities within the species' 
    range. Nine of the 16 taxa in this proposed rule are known to occur on 
    lands under the jurisdiction of the National Park Service or Department 
    of Defense; an additional 4 taxa historically occurred on these same 
    Federal lands, and potential habitat may still exist. Collection, 
    damage, or destruction of listed species on these lands is prohibited. 
    However, authorization to incidentally remove or destroy such species 
    on Federal lands may be granted by the Fish and Wildlife Service for 
    any otherwise legal action funded, authorized, or implemented by a 
    Federal agency through section 7 of the Act. The removal and reduction 
    to possession of listed species on Federal lands for research 
    activities may be authorized by the Service under section 10(a)(1)(B) 
    of the Act.
        Section 9 of the Act prohibits removal, cutting, digging up, 
    damaging, or destroying listed species on Federal or non-Federal lands 
    in knowing violation of any law or regulation of any State or in the 
    course of any violation of a State criminal trespass law. As an 
    example, if individuals of a listed plant species were grazed or 
    trampled by cattle while the livestock was trespassing on either 
    Federal or non-Federal land, a violation of section 9 may exist. 
    However, if the livestock grazing occurred under the authority of a 
    local permit on non-Federal land or under a section 7 consultation on 
    Federal land, section 9 would not be violated. Questions regarding 
    whether specific activities would constitute a violation of section 9 
    should be directed to the Field Supervisor of the Service's Ventura 
    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 plants under certain circumstances. Such permits are 
    available for scientific purposes and to enhance the propagation or 
    survival of the species. Requests for copies of the regulations 
    regarding listed species 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 
    (telephone 503/231-2063, facsimile 503/231-6243).
    
    Public Comments Solicited
    
        The Service intends that any final action resulting from this 
    proposal will be as accurate and as effective as possible. Therefore, 
    comments or suggestions from the public, other concerned governmental 
    agencies, the scientific community, industry, or any other interested 
    party concerning this proposed rule are hereby solicited. Comments 
    particularly are sought concerning:
        (1) Biological, commercial trade, or other relevant data concerning 
    any threat (or lack thereof) to these species;
        (2) The location of any additional populations of these species and 
    the reasons why any habitat should or should not be determined to be 
    critical habitat as provided by section 4 of the Act;
        (3) Additional information concerning the range, distribution, and 
    population size of these species; and
        (4) Current or planned activities in the subject area and their 
    possible impacts on these species.
        Final promulgation of the regulations on these species will take 
    into consideration the comments and any additional information received 
    by the Service, and such communications may lead to a final regulation 
    that differs from this proposal.
        The Endangered Species Act provides for a public hearing on this 
    proposal, if requested. Requests must be received by September 25, 
    1995. Such requests must be made in writing and addressed to the Field 
    Office Supervisor of the Ventura Field Office (see ADDRESSES section).
    National Environmental Policy Act
        The Fish and Wildlife Service has determined that Environmental 
    Assessments and Environmental Impact Statements, as defined under the 
    authority of the National Environmental Policy Act of 1969, need not be 
    prepared in connection with regulations adopted pursuant to section 
    4(a) of the Endangered Species Act of 1973, as amended. A notice 
    outlining the Service's reasons for this determination was published in 
    the Federal Register on October 25, 1983 (48 FR 49244).
    References Cited
        A complete list of all references cited herein, as well as others, 
    is available upon request from the Ventura Field Office (see ADDRESSES 
    section).
    
        Authors: The primary authors of this proposed rule are Constance 
    Rutherford and 
    
    [[Page 38010]]
    Tim Thomas, botanists, Ventura Field Office (see ADDRESSES section).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, and Transportation.
    
    Proposed Regulations Promulgation
    
        Accordingly, the Service hereby proposes to amend part 17, 
    subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
    as set forth below:
    
    PART 17--[AMENDED]
    
        1. The authority citation for Part 17 continues to read as follows:
    
        Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
    4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
    
        2. Section 17.12(h) is amended by adding the following, in 
    alphabetical order under 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 name          Status    When listed    Critical     Special  
         Scientific name             Common name                                                                                      habitat       rules   
    --------------------------------------------------------------------------------------------------------------------------------------------------------
        Flowering Plants                                                                                                                                    
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Arabis hoffmannii.......  Hoffman's rockcress.....  U.S.A. (CA).............  Brassicaceae--Mustard..  E                                 NA           NA
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Arctostaphylos            Santa Rosa Island         U.S.A. (CA).............  Ericaceae--Heath.......  E                                 NA           NA
     confertiflora.            manzanita.                                                                                                                   
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Berberis pinnata ssp.     Island barberry.........  U.S.A. (CA).............  Berberidaceae--Barberry  E                                 NA           NA
     insularis.                                                                                                                                             
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Castilleja mollis.......  Soft-leaved Indian        U.S.A. (CA).............  Scrophulariaceae         E                                 NA           NA
                               paintbrush.                                         Figwort.                                                                 
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Dudleya blochmaniae ssp.  Santa Rosa Island         U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
     insularis.                dudleya.                                                                                                                     
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Dudleya sp. nov. ``East   Munchkin dudleya........  U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
     Point''.                                                                                                                                               
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Dudleya nesiotica.......  Santa Cruz Island         U.S.A. (CA).............  Crassulaceae--Stonecrop  E                                 NA           NA
                               dudleya.                                                                                                                     
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Galium buxifolium.......  Island bedstraw.........  U.S.A. (CA).............  Rubiaceae--Bedstraw....  E                                 NA           NA
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Gilia tenuiflora ssp.     Hoffmann's gilia........  U.S.A. (CA).............  Polemoniaceae--Phlox...  E                                 NA           NA
     hoffmannii.                                                                                                                                            
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Helianthemum greenei....  Island rush rose........  U.S.A. (CA).............  Cistaceae--Rockrose....  E                                 NA           NA
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Heuchera maxima.........  Island alumroot.........  U.S.A. (CA).............  Saxifragaceae--Saxifrag  E                                 NA           NA
                                                                                   e.                                                                       
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Malacothamnus             Santa Cruz Island bush-   U.S.A. (CA).............  Malvaceae-- Mallow.....  E                                 NA           NA
     fasciculatus ssp.         mallow.                                                                                                                      
     nesioticus.                                                                                                                                            
                                                                                                                                                            
                                                                                                                                                            
    
    [[Page 38011]]
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Malacothrix indecora....  Santa Cruz Island         U.S.A. (CA).............  Asteraceae--Aster......  E                                 NA           NA
                               malacothrix.                                                                                                                 
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Malacothrix squalida....  Island malacothrix......  U.S.A. (CA).............  Asteraceae--Aster......  E                                 NA           NA
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Phacelia insularis ssp.   Island phacelia.........  U.S.A. (CA).............  Hydrophyllaceae........  E                                 NA           NA
     insularis.                                                                   --Waterleaf............                                                   
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    Thysanocarpus             Santa Cruz Island         U.S.A. (CA).............  Brassicaceae--Mustard..  E                                 NA           NA
     conchuliferus.            lacepod.                                                                                                                     
                                                                                                                                                            
                                                                                                                                                            
                    *                   *                   *                   *                   *                   *                   *               
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    
        Dated: July 7, 1995.
    Mollie H. Beattie,
    Director, Fish and Wildlife Service.
    [FR Doc. 95-18242 Filed 7-24-95; 8:45 am]
    BILLING CODE 4310-55-P
    
    

Document Information

Published:
07/25/1995
Department:
Interior Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-18242
Dates:
Comments from all interested parties must be received by October 9, 1995. Public hearing requests must be received by September 25, 1995.
Pages:
37993-38011 (19 pages)
RINs:
1018-AD39
PDF File:
95-18242.pdf
CFR: (1)
50 CFR 17.12