[Federal Register Volume 63, Number 155 (Wednesday, August 12, 1998)]
[Rules and Regulations]
[Pages 43100-43116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21564]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD09
Endangered and Threatened Wildlife and Plants; Final Rule Listing
Five Plants From Monterey County, CA, as Endangered or Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for four plants: Astragalus tener var. titi (coastal
dunes milk-vetch), Piperia yadonii (Yadon's piperia), Potentilla
hickmanii (Hickman's potentilla), and Trifolium trichocalyx (Monterey
clover); and threatened status for Cupressus goveniana ssp. goveniana
(Gowen cypress). The five taxa are found primarily along the coast of
northern Monterey County, California, with one species also occurring
in San Mateo County and historical populations of another occurring in
Los Angeles and San Diego counties. The five plant taxa are threatened
by one or more of the following: alteration, destruction, and
fragmentation of habitat resulting from urban and golf course
development; recreational activities; competition with alien species;
and disruption of natural fire cycles due to fire suppression
associated with increasing residential development around and within
occupied habitat. Astragalus tener var. titi and Potentilla hickmanii
are also more susceptible to extinction by random events due to their
small numbers of populations or individuals. This rule implements the
Federal protection and recovery provisions afforded by the Act for
these plant taxa. A notice of withdrawal of the proposal to list the
black legless lizard (Anniella pulchra nigra), which was proposed for
listing along with the five plant taxa considered in this rule, is
published concurrently with this rule.
DATES: This rule is effective September 11, 1998.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the U.S. Fish and
Wildlife Service, 2493 Portola Road, Suite B, Ventura, California,
93003.
FOR FURTHER INFORMATION CONTACT: Carl Benz, Assistant Field Supervisor,
Ventura Fish and Wildlife Office (see ADDRESSES section) (telephone
number 805/644-1766; facsimile 805/644-3958).
SUPPLEMENTARY INFORMATION:
Background
The Monterey Peninsula on the central California coast has been
noted for a high degree of species endemism (Axelrod 1982, Howitt
1972). Species with more northern affinities reach their southern
limits on the Peninsula; species with more southern affinities reach
their northern limits there as well (Howitt and Howell 1964). The
Monterey Peninsula is influenced by a maritime climate that is even
more pronounced due to the upwelling of cool water from the Monterey
submarine canyon. Rainfall amounts to only 38 to 51 centimeters (cm)
(15 to 20 inches (in)) per year, but summer fog-drip is a primary
source of moisture for plants that would otherwise not be able to
persist with such low rainfall. Some taxa, such as the coastal closed-
cone pines and cypresses are relicts, i.e., stands of species that once
had a more continuous, widespread distribution in the more mesic
climate of the late Pleistocene period, but then retreated to small
pockets of cooler and wetter conditions along the coast ranges during
the hotter and drier xerothermic period between 8,000 and 4,000 years
ago (Axelrod 1982).
In 1602, the Spanish government commissioned Sebastian Viscaino to
map the coastline; he traveled as far north as the Mendocino coast. In
his journal, he made note of the ``pine covered headlands'' and the
``great pine trees, smooth and straight, suitable for the masts and
yards of ships'' that he saw while anchored in Monterey Bay (Larkey
1972). During the early 1900s, Willis L. Jepson characterized the
forests on the Monterey Peninsula as the ``most important silva ever,''
and encouraged Samuel F.B. Morse of the Del Monte Properties Company to
explore the possibilities of preserving the unique forest communities.
Morse believed that developing recreational facilities would allow
income to be derived from the property while maintaining the forest
intact (Larkey 1972).
Maps compiled by the U.S. Forest Service (FS) to show plant
associations that were similar in ``fire-hazard characteristics and in
uses or qualities of economic importance'' portray the bulk of the
Monterey Peninsula as Monterey pine (Pinus radiata) forest with a
discrete stand of Bishop pine (Pinus muricata) in the center of the
Peninsula (FS 1941). The coastline was fringed with either ``barren''
stretches, grassland, or ``sagebrush,'' and a stretch of ``cypress
species'' extending east along the coast from what is known as Cypress
Point. By 1930, however, the construction of three golf courses likely
resulted in the removal of some stands of Monterey pines.
Only three native Monterey pine stands remain in California, one on
the Monterey Peninsula, a second near Ano Nuevo Point in northern Santa
Cruz and southern San Mateo counties, and a third near Cambria, in San
Luis Obispo County. The Monterey Peninsula stand is not only the most
extensive of the three, it is also unique in its association with Pinus
muricata, Cupressus goveniana ssp. goveniana (Gowen cypress), and
Cupressus macrocarpa (Monterey cypress). While P. radiata grows well on
a variety of soils, it does not do well on the acidic, poorly-drained
soils found on Huckleberry Hill centrally located on the Monterey
Peninsula (Griffin 1972). Here, the less aggressive C. goveniana ssp.
goveniana and P. muricata are spared competition from P. radiata. Some
of the chaparral species associated with these forest stands include
Arctostaphylos hookeri ssp. hookeri (Hooker's manzanita),
Arctostaphylos tomentosa var. tomentosa (shaggy-barked manzanita),
Adenostema fasciculata (chamise), and Vaccinium ovatum (huckleberry)
(Jones and Stokes Assoc. 1994b; Vogl et al. 1988).
Much of what the FS mapped in 1941 as grassland or ``barren''
(which most likely included coastal dunes) on the peninsular coastline
has been subsequently converted to golf courses. Remnant dunes support
a coastal dune scrub community and the southernmost occurrences for
Erysimum menziesii (Menzies wallflower), Lupinus tidestromii
(Tidestrom's lupine), and
[[Page 43101]]
Gilia tenuiflora ssp. arenaria (dune gilia), all federally endangered
species (U.S. Fish and Wildlife Service (USFWS) 1992). It is uncertain
what species characterized the grasslands mapped by the FS. Aside from
harboring small populations of several of the species that are included
in this final rule, these patches of herbaceous vegetation now support
a large number of alien grasses and succulents (Ferreira 1995). As for
the patches mapped by the FS as ``sagebrush,'' these most likely
matched what is currently called coastal sage scrub, a community
dominated by Artemisia californica (California sagebrush). For the most
part, these patches occurred within what are now urbanized portions of
the cities of Monterey and Pacific Grove and the Pacific Grove
Municipal Golf Course.
Discussion of the Five Taxa
Astragalus tener var. titi (coastal dunes milk-vetch) was first
collected by Mrs. Joseph Clemens in 1904 along 17-Mile Drive on the
Monterey Peninsula ``near an old hut composed of abalone shells and
coal-oil cans.'' Alice Eastwood named the plant Astragalus titi in
honor of Dr. F. H. Titus (Eastwood 1905). Subsequently, John Thomas
Howell (1938), while comparing a specimen of A. tener that was
collected by David Douglas near Salinas, Monterey County, remarked that
although ``Astragalus titi Eastwood has generally been regarded as the
same as Astragalus tener, * * * the two plants are not the same and
Astragalus titi seems worthy of varietal, if not specific
recognition.'' Rupert Barneby published the combination A. tener var.
titi in 1950, noting the difference in flower size, habitat, and
geographic range between it and A. tener var. tener (Barneby 1950).
Astragalus tener var. titi is a diminutive annual herb of the pea
family (Fabaceae). The slender, slightly pubescent stems reach 1 to 2
decimeters (dm) (4 to 8 in) in height; the pinnately compound leaves
are 2 to 7 cm (0.8 to 2.7 in) long with 7 to 11 leaflets, each having a
slightly bilobed tip. The tiny lavender to purple flowers are 5 to 6
millimeters (mm) (0.3 in) long and are arranged in subcapitate racemes
of 2 to 12 flowers. The seed pods are straight to sickle-shaped and 7
to 14 mm (0.3 to 0.6 in) long (Barneby 1964).
Two historical locations from Los Angeles County (Hyde Park in
Inglewood and Santa Monica) and two from San Diego County (Silver
Strand and Soledad) were annotated by Barneby as Astragalus tener var.
titi (Barneby 1950). It is unlikely that suitable habitat remains at
the Los Angeles locations, since the area has been heavily urbanized.
In San Diego County, the Silver Strand area is owned by the Department
of Defense (Miramar Naval Weapons Center), and a portion has been used
for amphibious vehicle training exercises. Another portion of Silver
Strand has been leased by the Navy to the California Department of
Parks and Recreation (CDPR) for development of a campground and
recreational facilities. Numerous unsuccessful searches for the plant
have been made in these locations since 1980 (Ferreira 1995; Natural
Diversity Database (NDDB) 1997).
The only known extant population of Astragalus tener var. titi
occurs along 17-Mile Drive on the western edge of the Monterey
Peninsula on land owned by the Pebble Beach Company and the Monterey
Peninsula Country Club. Colonies of the milk-vetch occur on a
relatively flat coastal terrace within 30 meters (m) (100 feet (ft)) of
the ocean beach and 8 m (25 ft) above sea level. The loamy fine sands
that comprise a series of shallow swales on the terrace surface support
standing water during wet winter and spring seasons. Individual plants
are found on the bottoms or sides of the swales growing in association
with other low growing grasses and herbs, including the alien Plantago
coronopus (cut-leaf plantain). In the 1980s and early 1990s, from 15 to
1,000 individuals had been counted in this population (Ferreira 1995).
In 1995, four additional colonies of this taxon were located in
similarly moist habitats within 400 m (1,300 ft) of the previously
known plants. A thorough survey of surrounding patches of suitable
habitat was made and a total of 4000 individuals were counted in 1995
in 11 scattered colonies (Jones and Stokes Assoc. 1996).
The 11 colonies are bisected by 17-Mile Drive, and occur in remnant
patches of habitat that are bounded by roads, golf greens, equestrian
trails and a bank covered by the alien plant, Carpobrotus edulis (fig-
marigold) (Ferreira 1995, Jones and Stokes Assoc. 1996). Astragalus
tener var. titi is currently threatened with alteration of habitat from
trampling associated with recreational activities, such as hiking,
picnicking, ocean viewing, wildlife photography, equestrian use, and
golfing. Due to the fragmented nature of its habitat and the human uses
that surround it, the species is also more vulnerable to extinction
from random events. Astragalus tener var. titi may also be threatened
by competition from the alien plants, C. edulis and Plantago coronopus.
Cupressus goveniana ssp. goveniana was first collected by Karl
Hartweg from Huckleberry Hill (Monterey Peninsula) in 1846 (Sargent
1896, Wolf and Wagener 1948). The plant was described as Cupressus
goveniana by British horticulturalist George Gordon in 1849 who named
it after fellow horticulturalist James R. Gowen (Sargent 1896). Sargent
(1896) described the tree as being widely distributed ``from the plains
of Mendocino County to the mountains of San Diego County'' as he
included taxa now recognized as distinct in his definition of C.
goveniana. John G. Lemmon published the name C. goveniana var. pigmaea
in 1895 to refer to the stands found on the ``White Plains'' of
Mendocino County, also referred to as pygmy cypress or Mendocino
cypress. As a result of this segregation, the material from the
Monterey area would be treated as C. goveniana var. goveniana. The
taxon is currently treated as C. goveniana ssp. goveniana (Bartel
1993).
Cupressus goveniana ssp. goveniana (Gowen cypress) is a small
coniferous tree or shrub in the cypress (Cupressaceae) family. Most of
the 10 taxa in the genus Cupressus found in California currently have
relatively small ranges (Vogl et. al. 1988). Of the three coastal
cypresses, native stands of C. macrocarpa (Monterey cypress) and C.
goveniana ssp. goveniana are both restricted to the Monterey Peninsula
and Point Lobos in Monterey County.
Cupressus goveniana ssp. goveniana generally reaches a height
between 5 and 7 m (17 to 23 ft) (Munz 1968), though Griffin noted one
individual that was 10 m (33 ft) high at Huckleberry Hill (Griffin and
Critchfield 1976). The sparsely branched tree forms a short, broad
crown with a spread of 2 to 4 m (7 to 13 ft). The bark is smooth brown
to gray, but becomes rough and fibrous on old trees. The scale-like
foliage is a light rich green, with leaves 1 to 2 mm long (0.04 to 0.08
in). The female cones are subglobose (nearly spherical), 10 to 15 mm
(to 0.1 in) long, and produce 90 to 110 seeds (Wolf and Wagener 1948).
The cones, which typically mature in 2 years, remain closed for many
years while attached to the tree. Seeds can be released upon mechanical
removal from the tree or, more typically, upon death of the tree or
supporting branch. Cupressus goveniana ssp. goveniana is distinguished
from its close relative C. goveniana ssp. pigmaea (pygmy or Mendocino
cypress) by its much taller stature, the lack of a long, whip-like
terminal shoot, and light to yellow-green rather than dark dull green
foliage (Bartel 1993).
[[Page 43102]]
Like other closed-cone cypresses, Cupressus goveniana ssp.
goveniana is a fire adapted species. It possesses cones which, after
seed has matured, remain sealed and attached to the trees, typically
until heat from fires breaks the cones' resinous seal and allows seeds
to escape. Adequate sunlight and bare mineral soils are also needed by
C. goveniana ssp. goveniana for seedling establishment; in areas with
herbaceous cover seedling mortality is higher due to fungal infections
(Vogl et al. 1988).
Only two natural stands of Cupressus goveniana ssp. goveniana are
known to exist, although individuals can be found locally in
cultivation. Cupressus goveniana ssp. goveniana is associated with
Pinus radiata, Pinus muricata, and several taxa in the heath family
(Ericaceae) (e.g., Vaccinium, Gaultheria, Arctostaphylos) on poorly
drained, acidic, soils (Griffin and Critchfield 1976). The largest
stand, referred to here as the Del Monte Forest stand, is near
Huckleberry Hill on the western side of the Monterey Peninsula. This
stand covers approximately 40 hectares (ha) (100 acres (ac)), with
individuals scattered within a kilometer (km) (0.6 mile (mi)) of the
main stand. Wolf and Wagener (1948) reported that patches of crowded,
poorly developed individuals, referred to as ``canes,'' were cut for
posts, making it difficult to determine the original extent of the
grove.
At least three fires have burned portions of the Del Monte Forest
stand in the last 100 years. A large fire burned most of the stand in
1901 (Coleman 1905, and Dunning 1906, in Vogl et al. 1988). The
northern portion of the stand apparently burned in 1959 (NDDB 1997).
The most recent fire burned the south central portion of the population
in 1987. In each case, regeneration of C. goveniana ssp. goveniana has
occurred.
The Del Monte Forest stand is on lands owned by the Pebble Beach
Company and the Del Monte Forest Foundation (DMFF). The purpose of the
DMFF, originally established as the Del Monte Foundation in 1961 by the
Pebble Beach Company, is to ``acquire, accept, maintain, and manage
lands in the Del Monte Forest which are dedicated to open space and
greenbelt'' (DMFF, in litt. 1992). A large portion of the Del Monte
Forest stand is within a 34-ha (84-ac) area designated as the Samuel
F.B. Morse Botanical Reserve (Morse Reserve) in the 1960s and donated
to DMFF in 1976. In the early 1980s, development of the Poppy Hills
Golf Course removed 840 trees of C. goveniana ssp. goveniana outside of
the reserve and surrounded other small patches with fairways (G.
Fryberger, Pebble Beach Company, pers. comm. 1992). The majority of the
remaining portion of this stand is on lands owned by Pebble Beach
Company that are designated as ``forested open space'' in the
Huckleberry Hill Open Space area, through a conservation easement held
by the DMFF. Scattered groups of trees that radiate out from this stand
are located on Pebble Beach Company lands within their most recently
proposed residential developments (EIP Associates 1995).
A second smaller stand of Cupressus goveniana ssp. goveniana 16 to
32 ha (40 to 80 ac) in size occurs 10 km (6 mi) to the south at Point
Lobos State Reserve near Gibson Creek on a 60-ha (150-ac) parcel
acquired by the CDPR in 1962. The very western edge of the stand is on
lands recently purchased by the Big Sur Land Trust from a private
owner. This parcel was to be transferred to the CDPR in 1997 (Big Sur
Land Trust, in litt. 1997). In this stand, C. goveniana ssp. goveniana
is associated with Pinus radiata and chaparral species (Griffin and
Critchfield 1976; Vogl et al. 1988). Due to the physical
inaccessibility of the Point Lobos stand and the Reserve's mandate to
protect sensitive plant taxa, the Point Lobos stand exhibits fewer
signs of human disturbance than the Del Monte Forest stand.
Despite measures taken to protect the Cupressus goveniana ssp.
goveniana stand at the Del Monte Forest, such as establishing the Morse
Reserve, the opportunities for maintaining a viable long-term
population of this taxon may be compromised by the site's proximity to
urbanization. Although the lands on which the majority of the remaining
cypress grow will not be developed, the residential development that is
occurring on all sides of the stand reduces the opportunity for the
continuation of ecosystem processes, such as periodic fire, which are
needed for stand regeneration. This species is threatened by habitat
alteration due to the influence of continued urban development in
Pebble Beach and to the disruption of natural fire cycles that are
likely to result from fire suppression activities. In addition, stands
of Cupressus goveniana var. goveniana at both locations have been
invaded by aggressive alien species, including Cortaderia jubata
(pampasgrass), Genista monspessulana (French broom), and Erechtites
spp. (fireweeds) (Forest Maintenance Standard 1990; K. Gray, State
Parks, pers. comm. 1997). Invasion of alien plants alters the
composition of the plant community and may adversely affect C.
goveniana ssp. goveniana.
Piperia yadonii (Yadon's piperia) was first collected by Leroy
Abrams in 1925 in open pine forest near Pacific Grove. At that time, it
was identified as Piperia unalascensis, a polymorphic, wide-ranging
species in the western United States (Morgan and Ackerman 1990),
although at least two naturalists who collected from the Monterey
region in the 1920s (George Henry Grinnel and Leroy Abrams) noted the
uniqueness of the plants from the Monterey area (Morgan and Ackerman
1990, Coleman 1995). In a recent treatment of the genus Piperia,
Ackerman (1977) segregated out several long-spurred taxa from the P.
unalascensis complex, but attempted no analysis of the short-spurred
forms. Subsequently, Morgan and Ackerman (1990) segregated out two new
taxa from the P. unalascensis complex. One of these, P. yadonii, was
named after Vernal Yadon, previous Director of the Museum of Natural
History in Pacific Grove, Monterey County.
Piperia yadonii is a slender perennial herb in the orchid family
(Orchidaceae). Mature plants typically have two or three lanceolate to
oblanceolate basal leaves 10 to 15 cm (4 to 6 in) long and 2 to 3 cm
(0.8 to 1.2 in) wide. The single flowering stems are up to 50 cm (20
in) tall with flowers arranged in a dense narrow-cylindrical raceme.
The flowers consist of three petal-like sepals and three petals
(together referred to as tepals). The upper three tepals are green and
white and the lower three white. The lowermost tepal is specialized
into a lip that is narrowly triangular and is strongly decurved such
that the tip nearly touches the spur of the flower (Morgan and Ackerman
1990). Piperia yadonii may occur with P. elegans, P. elongata, P.
michaelii, and P. transversa, but is distinguished from them in flower
by its shorter spur length, particular pattern of green and white
floral markings, and its earlier flowering time (Morgan and Ackerman
1990, Coleman 1995).
As in other orchids, germination of P. yadonii seeds probably
involves a symbiotic relationship with a fungus. Following germination,
orchid seedlings typically grow below ground for one to several years
before producing their first basal leaves. Plants may produce only
vegetative growth for several years, before first producing flowers
(Rasmussen 1995). In mature plants of P. yadonii the basal leaves
typically emerge sometime after fall or winter rains and wither by May
or June, when the plant produces a single flowering stem. Allen (1996)
has observed that only a small percentage of the P. yadonii plants in a
population may flower in any year. This is consistent with what is
known of other orchid species (James Ackermann, Universidad de Puerto
Rico, in litt. 1997). As in some other
[[Page 43103]]
plant taxa, individual orchids that flower in one year may not have the
necessary energy reserves to flower in the following year, so size and
flowering are not necessarily age-dependent (Wells 1981, Rasmussen
1995).
Piperia yadonii is found within Monterey pine forest and maritime
chaparral communities in northern coastal Monterey County. Its center
of distribution is the Monterey Peninsula where plants are found
throughout the larger undeveloped tracts of Monterey pine forest. To
the north, the range of P. yadonii extends to the Los Lomas area, near
the border of Santa Cruz County (Allen 1996; Vern Yadon, Pacific Grove
Museum of Natural History, in litt. 1997). Searches north into Santa
Cruz County have uncovered little suitable habitat and no P. yadonii
(Randall Morgan, biological consultant, pers. comm. 1996; Allen 1996),
nor do regional herbaria contain collections from Santa Cruz County (R.
Morgan, pers. comm. 1996). Since preparation of the proposed rule, P.
yadonii has been found at one location about 25 km (15 mi) south of the
Monterey Peninsula near Palo Colorado Canyon in maritime chaparral
(Jeff Norman, biological consultant, in litt. 1995). Maritime chaparral
is uncommon along this region of the Big Sur coastline, but a few
scattered patches do occur south to Pfieffer Point, located about 40 km
(25 mi) from the Peninsula (J. Norman, pers. comm. 1997). P. yadonii
has been found only 6 to 10 km (4 to 6 mi) inland (Allen 1996; V.
Yadon, in litt. 1997) despite searches of lands farther east (Allen
1996). Toro Regional Park, 16 km to 24 km (10 to 15 mi) inland, was
searched and four unidentified Piperia were found, but the habitat was
reported to not be similar to that favored by P. yadonii (Allen 1996).
Piperia yadonii has been found in Monterey pine forest with a
herbaceous, sparse understory and in maritime chaparral along ridges
where the shrubs, most often Arctostaphylos hookeri (Hooker's
manzanita), are dwarfed and the soils shallow (Morgan and Ackerman
1990, Allen 1996). As in other orchid species, P. yadonii does not
appear to be an early successional species but is able to colonize
trails and roadbanks within the dwarf maritime chaparral or Monterey
pine forest once a decade or more has passed and if light and moisture
regimes are favorable (Allen 1996; V. Yadon, in litt. 1997).
The Pebble Beach Company funded intensive surveys for Piperia
yadonii, focusing on the Monterey Peninsula in 1995, and beyond the
Peninsula in western Monterey County in 1996. Approximately 84,000 P.
yadonii plants on about 140 ha (350 ac), were counted at all known
sites throughout the range of this species since 1990 (R. Morgan, in
litt. 1992; Uribe and Associates 1993; J. Norman, in litt. 1995; Allen
1996; Jones and Stokes Assoc. 1996). Plants are often densely
clustered, and may reach densities of 100 to 200 plants in a few square
meters (10 to 20 plants in a few square feet) (Robert Hale, in litt.
1997). Because size and flowering are not always age-dependent, the age
structure of these populations is not known.
During these surveys, the greatest concentrations of Piperia
yadonii, approximately 57,000 plants or 67 percent of all known plants
were found scattered throughout much of the remaining Monterey pine
forest owned by the Pebble Beach Company and the Del Monte Forest
Foundation on the Monterey Peninsula (Allen 1996). About 8,500 of these
plants are in open space areas there (Allen 1996). Another 2,000 plants
(2 percent of all known) occur on remnant patches of Monterey pine
forest in parks and open space areas of Pacific Grove and Monterey
(Allen 1996; Department of the Army, in litt. 1996; Jones and Stokes
Assoc. 1996). Inland to the north, about 18,000 P. yadonii plants, (21
percent of all known plants) have been found on the chaparral covered
ridges north of Prunedale (Allen 1996). About 8,000 of these are on
lands that receive some protection at Manzanita County Park and The
Nature Conservancy's Blohm Ranch; the remainder are on private lands
that are not protected. South of the Peninsula about 7,500 plants have
been found on CDPR properties at Pt. Lobos Ranch, on surrounding lands
that are to be turned over to CDPR in the future (Big Sur Land Trust,
in litt. 1997) and in a smaller parcel that is in private ownership.
Considering the current abundance of Piperia yadonii in the
remaining large tracts of Monterey Forest, this species probably
occurred throughout the Peninsula when Monterey pine forests were much
more extensive. Many historic collections were made from the Pacific
Grove area (R. Morgan, in litt. 1992), which has since been urbanized.
Continued fragmentation and destruction of habitat due to urban and
golf course development are currently the greatest threats to P.
yadonii. Other threats include exclusion by alien species, roadside
mowing, and potentially an increase in deer grazing of flowering stems.
Potentilla hickmanii (Hickman's potentilla) was originally
collected by Alice E. Eastwood (1902) in 1900 ``near the reservoir
which supplies Pacific Grove, [Monterey County] California, along the
road to Cypress Point.'' The reference to a reservoir could refer to
Forest Lake in Pebble Beach but more likely refers to the Pacific Grove
reservoir (Ferreira 1995). Eastwood (1902) described the species 2
years later, naming it after J. B. Hickman who was her guide on that
collecting trip.
Potentilla hickmanii is a small perennial herb in the rose family
(Rosaceae) that annually dies back to a woody taproot. The leaves are
pinnately compound into generally six paired, palmately cleft leaflets
each 2 to 8 mm (0.1 to 0.3 in) long and 1 to 3 mm (to 0.1 in) wide.
Several reclining stems 5 to 45 cm (2 to 16 in) long support two to
four branched cymes (flowering stems) each of which has fewer than 10
flowers. The flowers consist of 5 yellow obcordate petals 6 to 10 mm
(0.2 to 1.0 in) long and 5 mm (0.2 in) wide, with typically 20 stamens
and about 10 styles (Abrams 1944, Ertter 1993). Potentilla hickmanii is
separated from two other potentillas that occur on the Monterey
Peninsula (P. anserina var. pacifica and P. glandulosa) by a
combination of its small stature, size and shape of leaflets, and color
of the petals.
Only three historical locations for the plant are known, two in
Monterey County and one in San Mateo County (NDDB 1997c). A collection
was made by Ethel K. Crum in 1932, apparently in the vicinity of
Eastwood's original collection on the Monterey Peninsula. Ferreira
(1995) surveyed the area surrounding the Pacific Grove reservoir in
1992, but found no Potentilla hickmanii plants or suitable habitat for
the species. An extant population is known from the western edge of the
Monterey Peninsula on lands owned by Pebble Beach Company. This species
was collected from one other location, at ``Moss Beach'' near Half Moon
Bay, San Mateo County in 1905 by Katherine Brandegee and in 1933 by
Mrs. E. C. Sutliffe (Ertter 1993). At the time the proposed rule was
written this population was presumed extirpated, but it was
rediscovered in 1995 by biologists from the California Department of
Transportation (Caltrans) surveying for a highway project (R. Vonarb,
Caltrans, in litt. 1995).
Potentilla hickmanii is currently known to be extant at one
location in San Mateo County and one in Monterey County. On the
Monterey Peninsula, P. hickmanii grows in an opening within Monterey
pine forest. Loamy fine sandy soils support a meadow community of alien
grasses and several introduced and native herbs. Twenty-four
individuals of P. hickmanii were located during 1992 surveys (Ferreira
1995). In 1995, the site was surveyed on two occasions and no
[[Page 43104]]
more than 21 plants were found (Jones and Stokes Assoc. 1996). Sampling
in a portion of this occurrence indicated that neither recruitment of
new individuals nor mortality of existing individuals had occurred in
the sampled area in the past 2 years (T. Morosco, University of
California Berkeley, in litt. 1997). The San Mateo County population
grows on grassland slopes on private lands. It was estimated to have
between 2000 and 3000 individuals in 1995 and 1996 (R. Vonarb, in litt.
1995; T. Morosco in litt. 1997).
The Pebble Beach Company has maintained management responsibilities
for the Monterey population, located in an open space area called
Indian Village, although ownership of the land has been transferred to
the Del Monte Forest Foundation. Indian Village is available for use by
residents and has been developed as an outdoor recreation area.
Although a fence was constructed in the 1970s to limit access by
recreationists, the fenced area contained only a portion of the
population, and recreation impacts continued through the mid 1990s
(Ferreira 1995, Jones and Stokes Assoc. 1996). In 1996, the Pebble
Beach Company installed additional fencing to protect this population
from recreational activities (M. Zander, Zander and Associates, in
litt. 1996). Potentilla hickmanii is currently threatened by a proposed
residential development in the Del Monte Forest which could alter
hydrology at the Monterey site (EIP Associates 1995). At both the
Monterey and San Mateo sites invasive alien species may be competing
with P. hickmanii (Ferreira 1995; Jones and Stokes Assoc. 1996; B.
Ertter in litt. 1997). The extremely small number of individual plants
remaining at the Monterey site also make P. hickmanii vulnerable to
extirpation from random events, such as genetic drift, poor years of
reproduction and tree fall.
Trifolium trichocalyx (Monterey clover) is a member of the pea
family (Fabaceae). The genus Trifolium is well-represented in North
America, with approximately 50 species recognized in California (Munz
1959). Members of this herbaceous genus are characterized by their
palmately three-foliate leaves (hence the name Trifolium) and flowers
in spheroid or oblong heads.
Trifolium trichocalyx was first collected by Amos A. Heller ``in
sandy pine woods about Pacific Grove'' in 1903, and described by him
the following year (Heller 1904). Laura F. McDermott (1910) considered
the taxon a variety of T. oliganthum in her treatment of the genus, but
this was not recognized in subsequent floras. Axelrod (1982) deferred
to Gillett's suggestion that T. trichocalyx is a sporadic hybrid
between T. microcephalum and T. variegatum and recommended removing it
from the list of taxa considered Monterey endemics. This view was
challenged by Vernal Yadon (in litt. 1983) who had grown T. trichocalyx
and observed that it consistently produces up to seven seeds per pod,
while both purported parents were two-seeded taxa. Trifolium
trichocalyx has continued to be recognized as a distinct taxon by
Abrams (1944), Munz (1959), Howitt and Howell (1964) and, most
recently, Isely (1993).
Trifolium trichocalyx is a much-branched prostrate annual herb with
leaflets that are obovate-cuneate, 0.4 to 1.2 cm (0.2 to 0.5 in) long,
truncate or shallowly notched at the ends. The numerous flowers are
clustered into heads subtended by a laciniate-toothed involucre. The
calyces are 7 mm (0.3 in) long, toothed, and conspicuously pilose; the
purple corollas scarcely equal the length of the calyx; the deciduous
seed pods enclose up to seven seeds. The plant can be quite
inconspicuous, as the prostrate branches may be only 3 to 4 cm (1.2 to
1.6 in) long. With favorable conditions, however, branches may reach a
length of 20 to 30 cm (8 to 12 in) (Abrams 1944; V. Yadon, in litt.
1983). Branches from one large plant may spread through the forest
litter and give the appearance of many plants. Of the four species of
Trifolium growing on Huckleberry Hill, all except T. trichocalyx
contain two seeds per pod.
Trifolium trichocalyx is known from only one area, Huckleberry
Hill, covering approximately 16 ha (40 ac) (Ferreira 1995) on the
Monterey Peninsula. The plant occurs in openings within Monterey pine
forest on poorly drained soils consisting of coarse loamy sands.
Trifolium trichocalyx appears to be a fire-follower, taking advantage
of the reduced forest cover for the first few years after a fire, and
then becoming scarce, persisting primarily as a seedbank in the soil,
as shade and competition increase during recovery of the forest
community. Heller's collection in 1903 was made 2 years after a fire in
the area. Only scattered individuals were reported by Theodore Niehaus
in 1973 and 1979 and by Yadon in 1980 in forest openings or edges (NDDB
1997d). One of these sites is presumed to have been extirpated when
Poppy Hills Golf Course was developed in 1980; the other two are within
the boundaries of the Morse Reserve.
Surveys for Trifolium trichocalyx were conducted in 1988. No plants
were found at the three sites reported earlier by Niehaus and Yadon.
However, several hundred to 1,000 plants were scattered in an 80-ha
(200-ac) area that had burned in 1987, near Huckleberry Hill (M.
Griggs, in litt. 1988; V. Yadon, in litt. 1992). During surveys
conducted in 1996 of this burned area, two sites were located with a
total of 22 plants (Jones and Stokes Assoc. 1996). A seedbank is
expected to occur in the soil in those locations where the plants were
found in 1988 (Forest Maintenance Standard 1990, Jones and Stokes
Assoc. 1996).
Threats to the continued existence of Trifolium trichocalyx include
alteration of natural fire cycles and a proposed development within the
largest area known to support clover in 1988. It is also vulnerable to
random events due to the small amount of its remaining habitat and the
ephemeral nature of the plant's reappearance after fires.
Previous Federal Action
Federal government action on the five plants began as a result of
section 12 of the 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. That
report, designated as House Document No. 94-51, was presented to
Congress on January 9, 1975. In that report, Astragalus tener var.
titi, Potentilla hickmanii, and Trifolium trichocalyx were recommended
for endangered status. On July 1, 1975, the Service published a notice
in the Federal Register (40 FR 27823) of its acceptance of the report
as a petition within the context of section 4(c)(2) (now section
4(b)(3)(A)) of the Act, and of its intention to review the status of
the plant taxa named therein. The above three taxa were included in the
July 1, 1975, notice. On June 16, 1976, the Service published a
proposal in the Federal Register (41 FR 24523) to determine
approximately 1,700 vascular plant species to be endangered species
pursuant to section 4 of the Act. The list of 1,700 plant taxa was
assembled on the basis of comments and data received by the Smithsonian
Institution and the Service in response to House Document No. 94-51 and
the July 1, 1975, Federal Register document. Astragalus tener var.
titi, Potentilla hickmanii, and Trifolium trichocalyx were included in
the June 16, 1976, Federal Register proposal.
General comments received in relation to the 1976 proposal were
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). The Act Amendments of 1978 required that all proposals over 2
years old be withdrawn. A 1-year grace period
[[Page 43105]]
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 Astragalus tener
var. titi, Potentilla hickmanii, and Trifolium trichocalyx as category-
1 species. Category-1 species were taxa for which data in the Service's
possession was sufficient to support proposals for listing. On November
28, 1983, the Service published in the Federal Register a supplement to
the Notice of Review (48 FR 53640); the plant notice was again revised
September 27, 1985 (50 FR 39526). In both of these notices, Astragalus
tener var. titi, Potentilla hickmanii, and Trifolium trichocalyx were
included as category-2 species. Category-2 species were taxa for which
data in the Service's possession indicated listing may be appropriate,
but for which additional data on biological vulnerability and threats
were needed to support a proposed rule. In the 1985 notice, Cupressus
goveniana ssp. goveniana (as Cupressus goveniana) also was included for
the first time as a category-2 species. On February 21, 1990 (55 FR
6184), the plant notice was again revised, and Astragalus tener var.
titi, Potentilla hickmanii, and Trifolium trichocalyx were included as
category-1 species, primarily because of additional survey information
supplied by the NDDB, which indicated that the extremely limited
populations of these taxa made them particularly vulnerable to impacts
from a number of human activities and natural random events. Those
three species also appeared as category-1 species in the 1993 notice of
review (58 FR 51144). Cupressus goveniana ssp. goveniana was retained
as a category-2 species in the 1990 and 1993 notices of review. On
February 28, 1996, the Service published a Notice of Review in the
Federal Register (61 FR 7596) that discontinued the designation of
category-2 species as candidates.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on certain 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 Astragalus tener
var. titi, Potentilla hickmanii, and Trifolium trichocalyx because the
1975 Smithsonian report was accepted as a petition. On October 13,
1983, the Service found that the petitioned listing of these species
was warranted but precluded by other pending listing actions, 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. Annually, in October of 1984 through 1992,
the Service found that the petitioned listing of Astragalus tener var.
titi, Potentilla hickmanii, and Trifolium trichocalyx was warranted,
but that the listing of these species was precluded by other pending
proposals of higher priority. Piperia yadonii did not appear in earlier
notices of review. Piperia yadonii first appeared as a candidate in the
1993 notice of review (58 FR 51144) in category-1. A reevaluation of
the existing data on the status of Cupressus goveniana ssp. goveniana
and threats to its continued existence provided sufficient information
to propose to list this species as threatened.
A proposed rule to list Astragalus tener var. titi, Piperia
yadonii, Potentilla hickmanii and Trifolium trichocalyx as endangered
and Cupressus goveniana ssp. goveniana as threatened was published in
the Federal Register on August 2, 1995 (60 FR 39326). Also included in
this proposed rule was a proposal to list the black legless lizard
(Aniella pulchra nigra) as endangered. Based upon new information
received since publishing the proposed rule, the proposed listing of
the black legless lizard has been withdrawn by the Service as announced
in a separate Federal Register notice published concurrently with this
final rule.
The Service published Listing Priority Guidance for Fiscal Years
1998 and 1999 on May 8, 1998 (63 FR 25502). The guidance clarifies the
order in which the Service will process rulemakings giving highest
priority (Tier 1) to processing emergency rules to add species to the
Lists of Endangered and Threatened Wildlife and Plants (Lists); second
priority (Tier 2) to processing final determinations on proposals to
add species to the Lists, processing new proposals to add species to
the Lists, processing administrative findings on petitions (to add
species to the Lists, delist species, or reclassify listed species),
and processing a limited number of proposed or final rules to delist or
reclassify species; and third priority (Tier 3) to processing proposed
or final rules designating critical habitat. Processing of this final
rule is a Tier 2 action.
Summary of Comments and Recommendations
In the August 2, 1995, proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to a final listing decision.
Appropriate Federal and State agencies, County and local governments,
scientific organizations, and other interested parties were contacted
and requested to comment. During that comment period the Service
received a request to hold a public hearing on the proposal. Due to the
Federal moratorium on final listing actions, imposed on April 10, 1995,
the public hearing could not be scheduled during the initial comment
period, which closed on October 9, 1995. Once the moratorium was lifted
on April 26, 1996, listing actions were prioritized and the public
hearing was scheduled. The public hearing was held on August 20, 1996,
and its associated public comment period ran from June 26, 1996 to
August 30, 1996. During the hearing and public comment period
substantial new information was submitted on the abundance of Piperia
yadonii. To allow the public to comment on this new information and to
permit submission of any new information that had become available on
the other taxa in the package, the comment period was reopened for 30
days from April 2, 1997, to May 2, 1997. Newspaper notifications were
published in the Monterey Herald and the Santa Cruz Sentinel during the
initial comment period, and in the Monterey Herald, Half Moon Bay
Review, and Pacifica Tribune for the 1997 comment period.
During the public comment periods and public hearing 20 agencies,
groups, and individuals commented on the plant taxa included in the
proposed rule, some of them multiple times. The majority of comments
received concerned the proposal to list the black legless lizard; these
comments are addressed in the concurrently published withdrawal for
that taxon. Only those issues relevant to the listing of the five plant
taxa are included in this final rule. Several comments contained
significant data and information concerning the biology, ecology,
range, and distribution of the subject taxa. This information was
evaluated and incorporated into the final determination as appropriate.
The 12 issues raised by the commenters that are relevant to the listing
of the plant taxa and the Service's response to each are summarized as
follows:
Issue 1: One commenter concluded that the Service had not provided
a thorough rationale for why the potential
[[Page 43106]]
loss of habitat threatens the viability of the species. Specifically,
the commenter suggested that insufficient evidence was presented on the
effects of alteration of natural fire frequencies and of alien species
on the proposed taxa.
Service Response: The Service has discussed the role of fire in the
life history of Cupressus goveniana ssp. goveniana and Trifolium
trichocalyx within this rule under the ``Background'' section and under
Factor E of the ``Summary of Factors Affecting the Species'' section.
With a large human population residing on the Peninsula, wildfires have
been and will necessarily be suppressed to protect human life and
property. Prescribed burns have been suggested as a management tool to
replace wildfires at the Morse Reserve and Pt. Lobos State Reserve
which support these taxa (Forest Maintenance Standard 1990; Jones and
Stokes Assoc. 1996). While fire is desirable from a land management
perspective, prescribed burns on Huckleberry Hill present a risk that
is not currently accepted by surrounding residents and entities who
authorize such activities (Forest Maintenance Standard 1990; R.
Andrews, Pebble Beach Community Services District, pers. comm. 1997).
With increased development close to the Cupressus groves, homeowner
opposition to prescribed burns is likely to increase. The proximity of,
and risk to, adjacent residences also will influence the manner in
which burns would be implemented. For example, to facilitate control,
vegetation may be crushed or chipped prior to burning or burns may be
conducted in early spring, when moisture levels are high (Greenlee
1977, Green 1982). These methods, which may not mimic the fire regime
under which the taxa evolved, can alter the ability of the vegetation
community to regenerate. For example, cool season burns may not provide
sufficient heat to crack seed coats and promote germination of some
species, or conversely, early spring burns may be detrimental to
herbaceous species if the seeds in the soil have already imbibed water
when the fire occurs. The Service concludes that increasing urban
development reduces the likelihood that fire will occur in a manner
sufficient to ensure the continued viability of these taxa.
The invasive nature and competitive ability of the alien species,
Genista monspessulana, Cortaderia jubata, Carpobrotus edulis, and alien
grasses such as Phalaris aquatica (Harding grass) and Lolium
multiflorum (Italian ryegrass) which threaten the taxa in this rule are
well-documented (Mooney et al. 1986, Zedler and Scheid 1988).
Documented links between encroachment by alien plant taxa and the
disappearance of native California taxa in wildlands are also well-
established in the literature. This issue is discussed in greater
detail under factors A and E in the ``Summary of Factors Affecting the
Species'' section.
Issue 2: Several commenters suggested that the Service has not
given sufficient consideration to the regulatory mechanisms already in
place to protect the proposed plants; one suggested that the Coastal
Act already provides substantial protection for the taxa included in
the rule that occur on Pebble Beach Company lands.
Service Response: The Service has analyzed available information
and concluded that existing regulatory mechanisms, including the
Coastal Act, have not been sufficient to adequately protect the taxa
included in this rule. The discussion of existing regulatory mechanisms
has been expanded since the proposed rule and is included under Factor
D in the ``Summary of Factors Affecting the Species'' section.
Issue 3: Several commenters stated that the information the Service
used in the proposed rule for Piperia yadonii was dated and incomplete
and that the Service, therefore, was not relying on the best scientific
information available. Two commenters suggested that the better our
search methods and understanding of this species, the more of it we are
likely to find; they concluded that the current population sizes for
this species indicate that it is not in danger of extinction throughout
a significant portion of its range.
Service Response: In preparing the proposed rule, the Service used
the best information available on the distribution and abundance of
Piperia yadonii. The information supplied by the Pebble Beach Company
in 1992, when the preparation of the proposed rule began, estimated the
population of P. yadonii in the Del Monte Forest to be about 400 plants
(G. Fryberger, in. litt. 1992). The 1995 surveys, funded by the Pebble
Beach Company, were not completed and made available to the Service
before publication of the proposed rule in August 1995.
Data from the surveys in 1995 and 1996 support the range as stated
in the proposed rule with the exception of the Lobos Ranch and Palo
Colorado populations which represent a range extension south of the
Monterey Peninsula. Regions to the north and east of the known range of
this species have been searched without success and the appropriate
dwarf maritime chaparral and Monterey pine forest habitats are absent
or uncommon there (R. Morgan, pers. comm. 1996; Allen 1996). Additional
colonies within the range of this species may be discovered on private
lands, but large expanses of unsurveyed habitat with protected status
and appropriate habitat do not exist. Those portions of Fort Ord
identified for protection of natural resources are the largest
protected tracts of land within the range of P. yadonii. Surveys have
been conducted at Fort Ord and have located and identified P. yadonii
in only one location with fewer than 50 plants (Jones and Stokes Assoc.
1996; Allen 1996). Fort Ord appears to have little of the stunted
maritime chaparral habitat in which this species is found (D. Allen,
Biological Consultant, pers. comm. 1997).
The 1995 and 1996 surveys revealed that population sizes in the
proposed rule had been vastly underestimated because they were based on
counts of flowering specimens. Although P. yadonii is now known to be
more abundant than stated in the proposed rule, the Service's decision
to list this species is based on significant threats from direct loss
and fragmentation of its remaining habitat in the foreseeable future.
The Service has considered all new information received during public
comment periods in making this final determination and has incorporated
it into this final rule.
Issue 4: Several commenters suggested that Piperia yadonii plants
can be distinguished from other Piperia species with which it may occur
only by their flowers; therefore, those population estimates based on
counts of basal leaves may have overestimated the true population sizes
of P. yadonii by including colonies of other Piperia species.
Service Response: The Service agrees that flowers are needed for a
positive identification of Piperia yadonii. The surveys conducted in
1995 and 1996 relied primarily on counts of basal leaves for population
estimates. In most populations, however, the surveyors caged plants
when making initial counts of basal leaves and noted leaf
characteristics if they appeared to differ from those of P. yadonii.
Populations were revisited during June and July when P. yadonii is in
flower to confirm identification. In the few cases where no flowering
plants were found, the plants were not assigned to species; in cases
where a mix of species was found the estimates were based on leaf
characteristics and, in some cases, habitat type (Allen 1996). The
principle surveyor was noted to be a careful observer (V Yadon, in
litt. 1997). While acknowledging the potential for
[[Page 43107]]
overestimates, the Service has accepted the information and focused on
comparative population size and status, rather than specific counts.
Issue 5: One commenter submitted the results of experimental
transplantation of Piperia yadonii. The commenter suggested that there
existed suitable habitat for P. yadonii that was not at carrying
capacity and that transplantation and the dispersal of seeds to
unoccupied sites ``. . .offers a means of reducing the threat posed by
development.''
Service Response: The commenter submitted 1 year of data on the
results of transplantation experiments on Piperia yadonii. Survival on
four sites 10 months after early April transplanting ranged from 11
percent to 69 percent and averaged less than 50 percent. The proportion
of transplanted plants flowering on these sites ranged from 0 to 7
percent. Of the 113 plants transplanted in October, 73 percent survived
to the following February's monitoring date. Of these plants, 20
percent formed floral spikes (Allen 1997; M. Zander, in litt. 1997).
Two possible explanations exist for the absence of Piperia yadonii
from areas of seemingly suitable habitat in the Del Monte Forest.
Either a lack of seed dispersal has limited the ability of P. yadonii
to colonize these areas or the habitat is not suitable for the
establishment and maintenance of a viable population of this species.
P. yadonii has light-weight, wind-dispersed seeds, capable of long-
distance dispersal, making the former explanation less likely, although
still possible. In the latter case, many habitats which may initially
appear suitable may not be able to support a viable population of
Piperia yadonii over the range of environmental conditions that can be
expected to occur through time. For example, an introduced population
that may persist during a period of normal rainfall may perish during
an extended drought. To demonstrate that an area of currently
unoccupied habitat is capable of supporting a viable self-sustaining
population of Piperia yadonii could take several decades. The
population would have to persist through the range of environmental
conditions common to the region where it occurs. The Service is not
aware of any evidence that demonstrates the existence of unoccupied
habitat suitable for the growth and persistence of any of the species
in this rule, including P. yadonii. The Service does not accept
transplantation or manual seed dispersal as alternatives to protecting
naturally occurring populations with proven ability to persist through
the environmental extremes.
Issue 6: One commenter concluded that the discovery of the
population of Potentilla hickmanii in San Mateo County raises the
potential that other populations may be discovered and that the
Service's listing is therefore ``. . .premature and. . .unwarranted.''
The commenter also contends that the Service must now conduct further
surveys for this species to determine if listing is warranted.
Service Response: The discovery of the population in San Mateo
County does not substantially change the status of this species.
Potentilla hickmanii is known from only two locations. The San Mateo
County site that was recently discovered matches the general location
of historical collections from the 1930s. Following the discovery of
this population, intensive surveys have been conducted for this species
from Pillar Point near Half Moon Bay to Mori Point near Pacifica, San
Mateo County. No additional populations have been found (T. Morosco, in
litt. 1997). In 1990, Ferreira (1995) searched the historical
collection location near the Pacific Grove reservoir without success.
As discussed under Factor A in the ``Summary of Factors Affecting the
Species'' section, the Monterey population has fewer than 25 plants and
is potentially threatened by hydrologic changes due to proposed
development. The Service is neither required nor funded to conduct
further surveys for this species, and concludes that the best available
information is sufficient to support the listing of this species under
the Act.
Issue 7: One commenter concluded that listing will not provide any
additional protection to Trifolium trichocalyx because most of the
seedbank of this species is located in the Huckleberry Hill Open Space
area and the Morse Reserve. The commenter also concluded that the
Service has ignored existing regulatory mechanisms which protect most
of the seedbank of T. trichocalyx.
Service Response: In 1987, a wildfire on Huckleberry Hill burned
the central and southern portions of the habitat of Trifolium
trichocalyx. Following that fire, the largest colony of T. trichocalyx
was found on lands owned by the Pebble Beach Company outside of and
within the southern border of the Huckleberry Hill Open Space area
(maps by M. Griggs, in litt. 1988; V. Yadon, in litt. 1988). Much of
this site is now within the boundaries of one of the residential
subdivisions proposed by the Pebble Beach Company (EIP Associates
1995). A comparison of the maps of occupied habitat submitted to the
California Department of Fish and Game in 1988 (maps by M. Griggs, in
litt. 1988; V. Yadon, in litt. 1988) to the proposed footprint of the
proposed development (EIP Associates 1995), show that existing lots and
a 30-m (100-ft) setback will extend over about one-quarter of the
clover habitat occupied in 1988 (Jones and Stokes Assoc. 1996). Other
maps produced in 1988 and used in the environmental document, however,
indicate that the lots and setback extend up to, but do not cover,
habitat occupied in 1988 (EIP Associates 1995). As proposed in the
environmental document, the habitat containing the seedbank outside of
the lot boundaries and setback, would be designated forested open space
(EIP Associates 1995). The Service believes that existing and proposed
residential development either adjacent to, or partially over, the
existing clover seedbank substantially diminishes the potential for the
use of fire as a management tool to maintain this species. The Service
discusses existing regulatory mechanisms in more detail under Factor D
of the ``Summary of Factors Affecting the Species'' section.
Issue 8: Two commenters concluded that Cupressus goveniana ssp.
goveniana is already protected due to its inclusion in the Huckleberry
Hill Open Space and the Morse Botanical Reserve and is therefore
unlikely to become endangered in the foreseeable future. One commenter
stated that it is likely that fire would be used as a management tool
in the future in Del Monte Forest.
Service Response: As discussed in the ``Background'' section,
Cupressus goveniana ssp. goveniana is adapted to regenerate after a
fire. While some regeneration following mechanical clearing has
occurred along a fire road (EIP Associates 1995; Patterson et al.
1995), periodic fire is the most effective and efficient method of
promoting forest regeneration. The lands on which most of the cypress
grows are included in the Morse Botanical Reserve and, therefore, will
not be developed. However, the periodic fires that create conditions
necessary for regeneration of the grove, are less likely to occur as
residential development encroaches on the Reserve and the Huckleberry
Hill Open Space area. At least three of the subdivisions proposed for
development by the Pebble Beach Company are to be located within 300 m
(984 ft) of the Morse Reserve. One of these proposed subdivisions,
would be directly adjacent to the Cupressus stands in the Morse Reserve
and C. goveniana ssp. goveniana occurs within its northern boundary
(EIP Associates
[[Page 43108]]
1995). The 1990 Forest Maintenance Standard prepared for the
Huckleberry Hill Open Space stated that agencies which have the
authority to permit prescribed burns in the area recommended against
it. As with Trifolium trichocalyx (see Issue 7) the Service concludes
that existing and proposed adjacent residential development
substantially diminish the potential for the use of fire as a
management tool to maintain this species. Existing regulatory
mechanisms are discussed in more detail under Factor D of the ``Summary
of Factors Affecting the Species'' section.
Issue 9: One commenter concluded that the Service should designate
critical habitat and disputed the Service's reasoning that to do so
would not be prudent due to the potential for vandalism and the lack of
benefit. The commenter suggested that vandals interested in the plants'
locations could get them from the Service by requesting them under the
Freedom of Information Act (FOIA).
Service Response: The Service has concluded that designating
critical habitat for these species is not prudent for the reasons
discussed in the ``Critical Habitat'' section of this rule. Critical
habitat designation primarily affects Federal activities on lands on
which there is, or is likely to be, some involvement by a Federal
agency. All but one of these plants occur only on non-Federal lands
where there is no foreseeable Federal involvement. A few small
populations of Piperia yadonii occur on Federal land at the Department
of the Army's Presidio of Monterey, at the Naval Post-Graduate School
in Monterey, and on the former Fort Ord. The site on the former Fort
Ord is to be transferred to a local management entity, permanently
protected, and managed for the conservation of plants and wildlife.
There may be some small benefit that results from public
notification if critical habitat is designated, but this benefit is
largely duplicative with the public notification that is part of the
listing process itself. Moreover, any benefit that results from public
notification must be weighed against the potential for increasing the
degree of threat to the species and also against the potential for
making cooperative recovery efforts more difficult. The Service also is
concerned about the potential for overcollecting of Piperia yadonii if
critical habitat descriptions and precise maps of plant locations were
to be published in the Federal Register. An international trade exists
in orchid species and the attractiveness of P. yadonii to
horticulturalists may be enhanced by its listing as an endangered
species. At its present population size on the Peninsula, an increase
in collection is not likely to substantially affect this species in
itself, but combined with further expected habitat loss and
fragmentation, the collection of flowering individuals could be
deleterious to this species. By publishing maps identifying the precise
locations of this plant species, the Service could be contributing to
its decline. Although these maps may be available through a FOIA
request, anyone intending to vandalize these species or their habitat
is unlikely to request this information in such a public and documented
way. The Service believes that any small benefit from critical habitat
designation is outweighed by the increased threat to Piperia yadonii
species from overcollection and vandalism. A more detailed discussion
of all aspects of critical habitat discussion for these five taxa is
provided in the ``Critical Habitat'' section.
Issue 10: One commenter stated that the Service has violated the
Administrative Procedures Act by not notifying the County of San Mateo
of the proposed rule, since a population of Potentilla hickmanii occurs
in San Mateo County.
Service Response: At the time the proposed rule was prepared, the
population of Potentilla hickmanii in San Mateo County had not been
discovered (R. Vonarb, in litt. 1995). Since none of the species in the
rule were known to be extant in any county other than Monterey, no
additional county governments were included on the address list. The
County of San Mateo was included in the notification provided during
the most recent comment period.
Issue 11: One commenter requested that the Service prepare an
environmental impact report (EIR) for this listing action.
Service response: Because the Service is a Federal agency its
actions are regulated by the National Environmental Policy Act (NEPA),
which would require preparation of an Environmental Impact Statement
(EIS). This action is not regulated under the California Environmental
Quality Act (CEQA) which would require preparation of an EIR. The
Service has previously determined (48 FR 49244) that rules issued
pursuant to section 4(a) of the Act do not require the preparation of
an EIS.
Issue 12: One commenter was concerned that urban and golf course
development and recreational and military activities would be curtailed
by the listing of these species because these activities were
identified as threats in the proposed rule.
Service Response: In some cases, the activities described above may
be modified if they are likely to adversely affect a federally listed
species. Federal listing provides some protection to plant species on
Federal lands, and elsewhere if a Federal permit or authorization is
required for a proposed action. Federal listing also provides a
significant degree of recognition by State and local agencies and
private landowners which may result in increased protection. Of the
activities addressed above, those of the military would require
consultation with the Service to ensure that military activities would
not jeopardize the continued existence of listed taxa. Greater detail
on the prohibitions and protections afforded listed plant species is
found in the ``Available Conservation Measures'' section.
Peer Review
In accordance with policy promulgated July 1, 1994 (59 FR 34270),
the Service solicited the expert opinions of independent specialists
regarding pertinent scientific or commercial data and assumptions
relating to the population biology and supportive biological and
ecological information for the species under consideration for listing.
The purpose of such review is to ensure listing decisions are based on
scientifically sound data, assumptions, and analyses, including input
of appropriate experts and specialists.
Three peer reviewers were asked specific questions relating to the
conclusions and assumptions included in the proposal for Cupressus
goveniana ssp. goveniana, Piperia yadonii, and Potentilla hickmanii.
Their comments have been incorporated into the final rule as
appropriate and are summarized below.
One reviewer commented that most Piperia species are pollinated by
moths. The reviewer hypothesized that the species has a mixed breeding
system that involves both outcrossing and inbreeding (either through
self-fertilization or breeding with neighboring plants that are likely
to be related). The reviewer agreed that because Piperia have wind-
dispersed seed, physical obstructions, such as houses, may affect seed
dispersal. The reviewer suggested that the effects of development and
habitat fragmentation on the pollinators of Piperia yadonii may be of
greater concern than the effects on seed dispersal or germination,
particularly if the species is primarily pollinated by insects of
restricted distribution. The same reviewer also
[[Page 43109]]
concluded that knowledge of the partitioning of genetic variation in
Piperia yadonii could influence the conservation strategy for this
taxon. Recent research results suggest that widespread tropical orchid
species have much of their genetic variation within populations and
fewer differences between populations, while in outcrossing species
with restricted distributions gene flow may be similarly restricted and
thus the genetic variability found in one population may differ
substantially from that of another. If this is true in the genus
Piperia, then species with restricted distributions, such as P.
yadonii, would be more likely to differ genetically between
populations. Therefore, to preserve the variability found within the
species, as many populations as possible would need to be preserved.
Both reviewers of the Piperia information agreed that the habitat
information provided by Allen (1997) was consistent with what they know
of the species and genus. Mowing of flowering stalks and herbivory by
deer were threats discussed by one reviewer.
The reviewer who commented on Cupressus goveniana ssp. goveniana
agreed with the Service's conclusion that changes in the fire cycle
were a threat to this taxon. The reviewer noted that opposition to
prescribed burning in the Del Monte Forest still exists, although less
so than in the past. The reviewer noted that vegetation removal along
fire roads in the Cupressus stands on the Peninsula has been a problem
and that erosion has increased due to fire road construction and
maintenance.
Two reviewers commented on the reproductive biology of Potentilla
hickmanii; one reviewer concluded that the species was self-compatible
while the other reviewer noted that self-pollinated plants in a recent
controlled experiment did not produce seed. Very few potential
pollinating insects have been noted on P. hickmanii, despite focused
observations by one of the reviewers. One reviewer specifically noted
that seed set is generally low. One reviewer responded to the Service's
query about distribution of this species by providing information on
recent searches that have been conducted specifically for P. hickmanii.
No additional populations have been located, and very few unsearched
areas that may have appropriate habitat remain to be searched. Both
reviewers agreed that nonnative species are a threat to this species at
both locations where it is known to occur.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1533) and
regulations (50 CFR part 424) promulgated to implement the listing
provisions of the Act set forth the procedures for adding species to
the Federal Lists. A species may be determined to be an endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1). These factors and their application to Astragalus
tener Gray var. titi (Eastw.) Barneby (coastal dunes milk-vetch),
Cupressus goveniana Gord. ssp. goveniana (Gowen cypress), Piperia
yadonii Morgan & Ackerman (Yadon's piperia), Potentilla hickmanii
Eastw. (Hickman's potentilla), and Trifolium trichocalyx Heller
(Monterey clover) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Two of the plant taxa, Astragalus tener var. titi and Trifolium
trichocalyx, occur only on the Monterey Peninsula. The largest of the
two Cupressus goveniana ssp. goveniana stands occurs on the Monterey
Peninsula, as does one of only two populations of Potentilla hickmanii.
The Monterey Peninsula is also the center of distribution of, and
supports the largest concentration of, Piperia yadonii. Habitat for all
five plant taxa has been altered, destroyed, or fragmented by
residential development and conversion to golf courses and other
recreational facilities.
Recent estimates of the loss of Monterey pine forest in California
indicate that 40 percent (Huffman and Assoc. 1994) to 50 percent (Jones
and Stokes Assoc. 1994a) of the Monterey pine forest once found in the
Monterey region has been eliminated. On the Monterey Peninsula itself,
the proportion destroyed is much greater; on those marine terraces and
old dune soils that underlie most of the Peninsula, less than 20
percent of the historical Monterey pine forest is estimated to remain,
much of it in fragmented and increasingly isolated stands (Jones and
Stokes Assoc. 1994a). The Pebble Beach Company's lot development
program includes proposed construction of 15 residential subdivisions,
the Del Monte Forest's 8th 18-hole golf course, and associated
recreational facilities on 277 ha (685 ac). This development would
eliminate or degrade 165 ha (412 ac) of Monterey pine forest and
associated maritime chaparral habitat on the Peninsula, including the
Peninsula's second largest contiguous block of forest habitat (EIP
Associates 1995). Most populations of each species in this rule occur
within this remnant block of forest or closely associated meadow and
terrace habitats. Habitat loss, fragmentation, and alteration resulting
from previous and proposed developments pose significant threats to all
five plant taxa in this rule.
Habitat fragmentation, by reducing native vegetation to ``islands''
within a matrix of roads, residences, and golf courses, leads to
population declines and extirpations in several ways. As habitats are
reduced to smaller parcels, natural ecosystem processes that act over
large areas, such as hydrologic or fire regimes, are altered. The edges
of habitat ``islands'' and the species within them may experience
changes in light level, wind velocity (leading to blowdown of trees),
moisture availability and an increase in alien species. When the
habitat fragments are small, these ``edge effects'' may influence the
entire remnant habitat. As species composition of these remnant
habitats change, pollination and herbivory may be affected (Harris and
Silva-Lopez 1992). Other influences from the surrounding environments,
such as drifting of pesticides, trampling by humans, dumping of yard
waste, and cutting of vegetation for fire control, also can have
significant deleterious effects on the survival of native species.
Astragalus tener var. titi is believed extirpated in San Diego and
Los Angeles counties due to habitat destruction. The only known
occurrence is composed of eleven colonies, bisected by two roads, a
golf green, and an 8-foot wide horse trail on the Monterey Peninsula.
Development of the marine terrace habitat of this species has led to
actual and potential problems with invasive alien species, trampling,
and potential genetic changes, discussed under Factor E.
Cupressus goveniana ssp. goveniana is restricted to only two sites
in western Monterey County. The occurrence on the Monterey Peninsula is
located in the Morse Botanical Reserve and Huckleberry Hill Open Space
area. As development has surrounded this location, the edges and
outlying stands of this occurrence have been eliminated or diminished.
For example, portions of this occurrence were lost during construction
of the Poppy Hills golf course in the 1980s (J. Vandevere, California
Native Plant Society (CNPS), in litt. 1992; G. Fryberger, pers. comm.
1992). Trees planted as mitigation for that loss and a small stand of
naturally occurring C. goveniana ssp. goveniana and Pinus muricata were
left in a 19.5-ac habitat patch of Monterey pine forest and chaparral,
bounded by golf green.
[[Page 43110]]
As proposed for the most recent subdivision and development, this site
would be converted to a 21-lot residential area, eliminating most of
the naturally occurring cypress and leaving the remaining cypress in a
portion of 2.8 ha (7 ac) of Forested Open Space bounded by roads, a
golf green and houses (EIP Assoc. 1995). At least three of the proposed
subdivisions are within 300 m (1000 ft) of the C. goveniana ssp.
goveniana stands in the Morse Reserve and one proposed residential
development abuts the Reserve's southwest corner (EIP Assoc. 1995). The
proximity of these residential areas diminishes the opportunity to use
prescribed fire as a management tool within the reserve. In addition,
due to concern about potential wildfire, 12-ft wide fire roads have
been maintained throughout the Reserve and Huckleberry Hill Open Space,
removing individual Cupressus trees and causing erosion in some places
(Forest Maintenance Standard 1990, V. Yadon in litt. 1997). These fire
roads provide a suitable path for alien plants to enter and spread
through the stands.
Potentilla hickmanii on the Monterey Peninsula is known from one
occurrence of about 25 plants that grow in a meadow area designated as
open space and used for recreation. In the 1970s, habitat occupied by
P. hickmanii was lost and degraded by fill brought in for a ball field
(Ferreira 1995); habitat trampling during recreational activities was
noted as recently as 1995 (Jones and Stokes Assoc. 1996). In 1996, the
Pebble Beach Company built an additional wood fence to exclude
recreational activities from the remainder of the population (M.
Zander, in litt. 1996). Currently, development of an 18-ac, 21-lot
residential subdivision is proposed in Monterey pine forest within 100
m (330 ft) of the occurrence (EIP Associates 1995). This subdivision
could negatively affect P. hickmanii both by increasing the amount of
human use in the area and by altering the hydrology of the site; a
small watercourse and freshwater marsh that likely influence the meadow
habitat of P. hickmanii are located about 400 m (1300 ft) upslope from
the occurrence and are within the proposed lot development area.
Mitigation proposed to reduce this threat is the elimination of the
three lots that cover and border the marsh and riparian areas (EIP
Associates 1995). Nevertheless, runoff into the meadow may be affected
by upslope development.
The Monterey Peninsula appears to be the center of distribution of
Piperia yadonii. The Peninsula provides the greatest amount of
remaining contiguous habitat and supports about 70 percent of known
plants. The Del Monte Forest includes over half (73 ha (184 ac)) of the
acreage estimated to still be extant for this species (EIP Associates
1995, Allen 1996). Based on the distribution of plants found in
remaining Monterey pine forest, historical collections from Pacific
Grove, and the amount of Monterey Pine forest which the Peninsula
historically supported, the distribution of P. yadonii today is likely
only a fraction of the historical extent of this species on the
Peninsula. In the habitat that remains, P. yadonii is found in 13 of
the proposed subdivisions. The 245-ac site of the proposed golf course
supports about 16,000 individuals of this species and is the second
largest contiguous stand of Monterey pine forest left on the Peninsula.
The development currently proposed by the Pebble Beach Company would
result in the loss or alteration of habitat supporting about 46,000
plants of Piperia yadonii on about 60 ha (149 ac) (EIP Associates
1995). This is about 80 percent of known plants on the Peninsula.
Including the 7,500 plants in the Huckleberry Hill Reserve (Richard
Nichols, EIP Associates, pers. comm. 1997), about 10,800 plants of
Piperia yadonii would fall within proposed forested open space (EIP
Associates 1995). Other open space areas are located at the ends or
borders of the proposed subdivisions or in some cases are encircled by
the proposed lots. The effects of habitat fragmentation are likely to
result in the eventual extirpation of colonies in these areas. In the
nearby La Mesa housing development, for example, Genista monspessulana,
an alien shrub, has invaded and is expected to engulf remnant habitats
that support Piperia yadonii (Uribe & Assoc. 1993). Trampling by
recreationists is a noted problem in remnant habitats that support P.
yadonii at two city parks (D. Allen, pers. comm. 1997). Mowing for
roadside fire control, which shears off the flowering stalks of P.
yadonii, thereby preventing reproduction, also occurs in remnant open
space habitats on the Peninsula (V. Yadon, in litt. 1997).
Beyond the Monterey Peninsula, over 60 percent of the known Piperia
yadonii plants are on privately owned lands without protection, most of
these in the Prunedale area. Two residential developments of over 16 ha
(40 ac), each of which support potential maritime chaparral habitat,
have been approved in this area in the last 2 years (L. Osorio,
Monterey County Planning and Building Inspection, pers. comm. 1997). A
third property, known to support several thousand P. yadonii, has been
subdivided, but construction has not yet begun (M. Silberstein, Elkhorn
Slough Foundation, pers. comm. 1997).
Trifolium trichocalyx is known only from Monterey pine forest on
the Monterey Peninsula. Because this species appears to persist
primarily as a seedbank until fire causes a flush of establishment,
only a few colonies of living plants have been seen recently within and
south of the Huckleberry Hill Open Space area in a region that burned
in 1987 (Jones and Stokes Assoc. 1996). Of locations mapped for this
species since the mid-1980s, about one-half of the area where plants
have been recorded is in the Huckleberry Hill Open Space area and Morse
Reserve, and approximately one-half occurs to the south and east. The
mapped location of one colony is now a golf green (Ferreira 1995). The
development lots and vegetation clearance zones for one of the proposed
subdivisions appear to extend over a part of the largest occurrence
mapped after the 1987 fire (Yadon in litt. 1988, Jones and Stokes
Assoc. 1996), although other documents depict the lots adjacent to, but
not over, previously mapped occupied habitat (EIP Associates 1995, M.
Zander, in litt. 1996). In either case, the construction of residences
over or directly adjacent to this occurrence is likely to preclude the
use of fire as a management tool to promote its continued existence in
the future.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Overutilization is not currently known to be a factor for the five
plant taxa, but unrestricted collecting for horticultural purposes or
excessive visits by individuals interested in seeing rare plants is a
potential threat to these taxa. Piperia yadonii, like many other
orchids and showy-flowered monocots, may be particularly vulnerable to
collecting by amateur and professional horticulturalists due to the
plant's unusual flower and its tuberous growth habitat which increases
the ease with which it can be moved.
Vandalism is a potential threat for Potentilla hickmanii and
Astragalus tener var. titi. The sites that these plants inhabit could
be easily vandalized, resulting in the destruction of a significant
portion of the population. The sites where A. tener var. titi exist are
small and easily accessible, increasing their susceptibility to
destruction.
[[Page 43111]]
C. Disease or Predation
Disease is not known to be a factor affecting the five plant taxa
being proposed as endangered. Several references discuss diseases that
affect cypresses (Peterson 1967, Wagener 1948). However, diseases, such
as the oak root fungus (Armillariella mellea) and the canker-producing
strain of Cornyeum, primarily seem to attack cypresses planted outside
of their native range and in nursery settings (Wagener 1948). No signs
of disease or predation have been noted by biologists familiar with the
two Cupressus goveniana ssp. goveniana groves (J. Griffin, Hastings
Natural History Reservation, pers. comm. 1992; V. Yadon, pers. comm.
1992).
Increased predation (herbivory) by deer due to an elevated deer
population on the Peninsula is a potential threat to Piperia yadonii.
During surveys in 1995 and 1996 a sample of plants both on and off of
the Peninsula were placed under cages to protect them from large
herbivores. About 13 percent of the caged plants flowered, while in
unprotected plants only about 2 percent could be found with flowering
stems (Allen 1996), a reduction of 85 percent. Severe herbivory of
leaves, also likely from deer, has been noted as well (V. Yadon, in
litt. 1997). Although the Service is not aware of any quantitative data
on deer populations on the Peninsula, anecdotal evidence, such as
sightings and reports of health, suggest that the number of deer on the
Peninsula is high (T. Palmisano, California Department of Fish and Game
(CDFG), pers. comm. 1997; Mary Ann Matthews, CNPS, in litt. 1996; D.
Steeck, USFWS, pers. obs. 1996). If the loss of 85 percent of flowering
stems calculated by Allen (1996) is close to actual herbivory rates on
the Peninsula, predation could have a substantial effect on the
reproductive success of the species, particularly as populations are
reduced by large scale habitat loss and fragmentation due to
development.
D. The Inadequacy of Existing Regulatory Mechanisms
Existing regulatory mechanisms that may provide some protection for
taxa in this rule include--(1) the California Endangered Species Act
(CESA); (2) the California Environmental Quality Act (CEQA); (3) the
California Coastal Act; and (3) local land use laws, regulations, and
policies.
Under the CESA (California Fish and Game Code section 2050 et seq.)
and the Native Plant Protection Act (California Fish and Game Code
section 1900 et seq.), the California Fish and Game Commission has
listed Astragalus tener var. titi, Potentilla hickmanii, and Trifolium
trichocalyx as endangered. Piperia yadonii and Cupressus goveniana ssp.
goveniana are on List 1B of the CNPS Inventory (Skinner and Pavlik
1994), indicating that, in accordance with section 1901 of the CDFG
Code, they are eligible for State listing. Although the CESA prohibits
the ``take'' of State-listed plants (section 1908 and section 2080) not
all projects comply and the law is not always enforced. California
Senate Bill 879, passed in 1997 and effective January 1, 1998, requires
individuals to obtain a section 2081(b) permit from CDFG to take a
listed species incidental to otherwise lawful activities, and requires
that all impacts be fully mitigated and all mitigation measures be
capable of successful implementation.
These requirements have not been tested and several years will be
required to evaluate their effectiveness.
The CEQA requires a full public disclosure of the potential
environmental impacts of proposed projects. The public agency with
primary authority or jurisdiction over the project is designated as the
lead agency and is responsible for conducting a review of the project
and consulting with other agencies concerned with resources affected by
the project. Required biological surveys are not always adequate to
identify sensitive species, however. For example, in the northern
portion of the range of Piperia yadonii a 40-acre residential
development was recently approved in an area that contains maritime
chaparral habitat and is located within 5 miles of a known site of P.
yadonii. The biological survey was conducted in September 1995, when no
above-ground parts of P. yadonii are present. When sensitive species
are identified, proposed mitigation for significant impacts often
involves transplantation of sensitive plants (EIP Associates 1995)
which has poor success rates (Fiedler 1991, Allen 1994, M. Zander, in
litt. 1997). Furthermore, when the effects of a proposed project cannot
be mitigated to a level of insignificance, the County lead agency may
still cite overriding considerations and approve the project.
All of the taxa in this rule occur, in part, in that portion of the
Monterey Peninsula included in the California Coastal Zone. The Del
Monte Forest Land Use Plan of 1984 (Del Monte Forest LUP) was developed
to comply with the Coastal Act's requirement that all counties prepare
a plan for those portions of the Coastal Zone within their
jurisdiction. Once the Del Monte Forest LUP was certified by the
Coastal Commission, development permits within the Del Monte Forest
Coastal Zone became the responsibility of the County of Monterey. The
County planning process does not appear to be implemented in a manner
that will maintain the standards developed in the Del Monte Forest LUP,
in some cases. For example, the Coastal Act defines Environmentally
Sensitive Habitat Areas (ESHAs) as ``...any area in which plant or
animal life or their habitats are either rare or especially
valuable...and which could be easily disturbed or degraded by human
activities and developments.'' County policy identifies ESHAs as those
identified in the 1984 LUP. Because Piperia yadonii was not recognized
taxonomically in 1984, its location in the Del Monte Forest is not
addressed as an ESHA in the recent County environmental impact report
for the Pebble Beach Company's proposed development (EIP Associates
1995). It therefore does not receive the protections afforded by the
Coastal Act (EIP Associates 1995).
Sites which support the other species in this rule, Cupressus
goveniana ssp. goveniana, Piperia hickmanii, part of the occurrence of
Trifolium trichocalyx and Astragalus tener var. titi, were designated
ESHAs in the Del Monte Forest LUP. The LUP and appended Management Plan
for Del Monte Forest Open Space Property specifies that these sites
will remain in undeveloped open space and will be managed to protect
the sensitive plant species which occur there. In managing these areas,
the Pebble Beach Company has constructed fencing around part of the P.
hickmanni and A. tener var. titi occurrences and has a program for
control or eradication of alien species within those ESHAs under their
management. The DMFF, which manages the Morse Reserve and Huckleberry
Hill Open Space area, also has a control program for alien species.
Despite these protections, adjacent areas identified for development
have negatively affected, and likely will continue to, affect these
areas. For example, the C. goveniana ssp. goveniana stands that
extended outside the boundaries of the Morse Reserve were removed
during the development of Poppy Hills golf course, and wetlands upslope
from the Potentilla hickmanni occurrence are likely to be influenced by
a proposed housing development (EIP Associates 1995). While the Coastal
Act and resulting Del Monte Forest LUP provide some protection for the
occurrences of these plant taxa located in the Coastal Zone, the
Service
[[Page 43112]]
concludes that it is not adequate to preclude the need to list these
taxa at this time.
A management plan for Point Lobos State Reserve states that the
major effort within the Reserve will be ``management toward the
pristine state, that is, the state the ecosystem(s) would have achieved
if European man had not interfered,'' but also to provide limited
public access to the Cupressus goveniana ssp. goveniana area (CDPR
1979). The stand is currently protected from human disturbance by
virtue of its isolation. With surrounding parcels to be transferred to
the Reserve over the next decade, more active management of the area,
particularly prescribed burning, is likely (K. Gray, pers. comm. 1997).
The Service concludes that existing regulatory mechanisms have
provided some protection for these taxa, but the implementation of the
regulations has not been adequate to preclude the need to list these
taxa.
E. Other Natural or Manmade Factors Affecting Their Continued Existence
Alien plant taxa threaten or are a potential threat to four of the
taxa included in this rule. Two of the five plant taxa occur in meadow
habitat containing a high percentage of alien plants. Along 17-Mile
Drive, Astragalus tener var. titi occurs with the alien Plantago
coronopus (cut-leaf plantain) and Carpobrotus edulis. Carpobrotus
edulis, in particular, spreads rapidly and competes aggressively with
native species for space. The Pebble Beach Company has an active C.
edulis eradication program in, and adjacent to, the exclosure on the
ocean side of 17-Mile Drive (M. Zander, in litt. 1997). However, C.
edulis has been planted and is being maintained within a few feet of
the unfenced portion of the habitat of A. tener var. titi on the inland
side of 17-Mile Drive owned by the Monterey Peninsula Country Club
(Zander 1996). Plantago coronopus, a prolific seeder, appears to be
crowding out native species on both sides of 17-Mile Drive (Ferreira
1995).
Both populations of Potentilla hickmanii may be threatened by alien
species. The population on the Monterey Peninsula occurs at Indian
Village where Ferreira (1995) noted four alien grass taxa associated
with it: Aira caryophylla, Bromus mollis, Festuca arundinacea, and
Lolium multiflorum. The Festuca may have been introduced in a ``meadow
mix'' used on adjacent fairways; its stature and invasiveness appear to
compete with P. hickmanii. Plantago coronopus, also an alien, is
present at this site and may be competing with P. hickmanii. Alien
grasses, such as Phalaris aquatica, are also found at the San Mateo
site, and Genista monspessulana, an invasive alien shrub, occurs there
on the surrounding slopes (T. Morosco, in litt. 1997). At this location
P. hickmanii is reported to occur in greatest concentrations in those
areas that support the most intact native habitats with the fewest
annual grasses (B. Ertter, in litt. 1997); whether lower densities
elsewhere are due to competition from annual grasses has not yet been
explored.
Cortaderia jubata (pampasgrass) and Genista monspessulana (French
broom) are two other alien plant taxa that invade forests and meadows
on the Monterey Peninsula. The Pebble Beach Company has an on-going
eradication program for these two taxa in the Huckleberry Hill area
adjacent to Cupressus goveniana ssp. goveniana. However, numerous fire
roads provide open habitat for these invasive taxa and it is unlikely
that they will ever be completely eradicated from the area. An
extensive stand of Genista has been mapped adjacent to the grove of C.
goveniana ssp. goveniana at Pt. Lobos Reserve (Patterson et al. 1995),
where it may interfere with stand regeneration in the future (K. Gray,
pers. comm. 1997).
Fire plays an important role in the regeneration of all cypress
taxa (Vogl et al. 1988). Alteration of the natural fire cycle may
negatively affect regeneration of Cupressus goveniana ssp. goveniana.
Fire is essential since it opens cones that otherwise remain unopened
on the trees, and it creates conditions appropriate for seedling
establishment (Vogl et al. 1988). Prescribed burning has not been tried
at the Pt. Lobos Ranch occurrence, in part due to the risks to
surrounding privately owned lands (K. Gray, pers. comm. 1997).
Griffin (pers. comm. 1992) and Ferreira (1995) have noted that
establishment of Pinus radiata (Monterey pine) seedlings after the 1987
fire has been so vigorous that the pine may be expanding its range at
the expense of Cupressus goveniana ssp. goveniana. Yadon (retired
Director, Pacific Grove Museum of Natural History, pers. comm. 1992)
believes that the pine's preference for richer soils than those that
support C. goveniana ssp. goveniana would prevent long-term
establishment of pines in C. goveniana ssp. goveniana habitat.
Trifolium trichocalyx exemplifies a taxon that may persist only as
a seedbank for years until released by a fire event. Maintaining
habitat and certain fire management prescriptions will be required to
prevent the extinction of this species in the wild.
Alteration of habitat due to continuing recreational use of
portions of Pebble Beach threaten the small populations of Astragalus
tener var. titi, and Potentilla hickmanii. Trampling by humans and
horses can affect these taxa directly, as well as alter soil compaction
and erosion such that alien taxa increase at the expense of native
taxa.
At least three of the five plant taxa are threatened with
extinction from natural random acts by virtue of the limited number of
individuals and range of the existing populations. Inbreeding may
affect small or isolated populations if it results in inbreeding
depression, typically characterized by lowered seed set, lowered
germination rates, and lowered survival and reproduction by offspring.
Small populations are also vulnerable to extinction by a single human-
caused or natural event. While annual plant taxa, such as Astragalus
tener var. titi, will undergo radical fluctuations in population size
as a result of natural environmental conditions, the long-term survival
of this taxa depends on maintaining seed production and appropriate
habitat for population expansion.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to list these
species. Based on this evaluation, the preferred action is to list
Astragalus tener var. titi, Piperia yadonii, Potentilla hickmanii, and
Trifolium trichocalyx, as endangered. These taxa are in danger of
extinction throughout all or a significant portion of their ranges due
to habitat destruction and fragmentation from residential and
recreational development; competition from alien plants; alteration of
natural fire cycles; and the reduced numbers and size of populations
that increase the likelihood of extinction from naturally occurring
events and unanticipated human activities.
For the reasons discussed as follows, the Service finds that
Cupressus goveniana ssp. goveniana is likely to become endangered
within the foreseeable future throughout all or a significant portion
of its range due to habitat alteration and destruction, and/or
disruption of natural fire cycles. Competition from alien plants is a
potential threat. The Service has determined that threatened rather
than endangered status is appropriate for C. goveniana ssp. goveniana
because one of two populations (the Gibson Creek stand managed by the
CDPR) has not been significantly affected by human
[[Page 43113]]
activities. Also, since it is long-lived, C. goveniana ssp. goveniana
appears to be able to withstand several decades without fire as long as
sufficient habitat is maintained. Other alternatives to this action
were considered but not preferred because not listing this species
would not provide adequate protection and would not be in keeping with
the purposes of the Act, and listing it as endangered would not be
appropriate, as the populations receive some protection in the Morse
Reserve and at Pt. Lobos State Park. Therefore, the preferred action is
to list Cupressus goveniana ssp. goveniana as threatened.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
consideration or protection; and (ii) specific areas outside the
geographical area occupied by a species at the time it is listed, upon
a determination that such areas are essential for the conservation of
the species. ``Conservation'' means the use of all methods and
procedures needed to bring the species to the point at which listing
under the Act is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the taxa are determined to be endangered or threatened. Critical
habitat is not determinable when one or both of the following
situations exist--(1) Information sufficient to perform required
analyses of the impacts of the designation is lacking, or (2) the
biological needs of the species are not sufficiently well known to
permit identification of an area as critical habitat (50 CFR
424.12(a)(2)). 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.
Critical habitat designation applies only when the taxa involved
occur on Federal lands or on non-Federal lands for which there is some
Federal involvement. With the exception of Piperia yadonii, none of the
plants in this rule occur on Federal lands, nor is there any historical
record of them occurring on Federal lands. Federal lands with
appropriate habitat are uncommon throughout the historical range of
these species, and no potential habitat for Potentilla hickmanii,
Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or
Trifolium trichocalyx is known to occur on Federal lands. In addition,
Federal involvement is unlikely to occur on non-Federal lands having,
or likely to have, populations of these four species because the
activities typically conducted in the habitat of these species do not
normally require Federal permits or authorization or Federal funding.
Due to this probable lack of Federal involvement, the only
potential benefit that would result from critical habitat designation
would be notification to the public, private landowners, and local
government agencies of the need to protect these species and their
habitats. However, during the listing process, and after a species is
listed, the Service conducts public outreach in affected local
communities. Because this form of public notification is more targeted
to specific landowners and local governments, it is more effective than
the notification that is provided through the designation of critical
habitat. Thus, in the case of these four plant species, there would be
little or no additional benefit provided by designation beyond that
which results from the listing process itself. Furthermore, designation
may lead to adverse reactions by landowners whose property is
designated as critical habitat, because such an action is often
misconstrued as an attempt by the Federal government to confiscate
private property. In fact, section 9 of the Act does not prohibit
destruction of plants or their habitat on private land. Moreover,
because there is no likely Federal nexus there is no means of
protecting critical habitat on these lands, even if critical habitat
were to be designated. The widespread misconception that critical
habitat designation on private lands necessarily imposes restrictions
on private landowners makes designation of critical habitat
counterproductive and renders cooperative efforts with private
landowners to recover species more difficult. Such cooperative efforts
are essential if the Service is to recover species which, like these
four taxa, only occur on private lands where there is no known Federal
nexus. Designation of critical habitat for Potentilla hickmanii,
Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or
Trifolium trichocalyx, therefore, is not prudent because the additional
benefit, if any, that might derive from public notification duplicates
those that come from the public outreach component of the listing
process itself, and would be outweighed by the potential detriment to
the recovery of these species due to the misconception that such
designation imposes Federal restrictions on private landowners where no
Federal nexus exists.
Piperia yadonii also occurs predominantly on private lands where
Federal involvement is unlikely. In the case of P. yadonii, however, a
majority of its individuals are on lands of a single private landowner,
who commissioned the studies that documented the species' range and
population status. This landowner, therefore, is well aware of the
presence and location of the species on its property and there would be
no additional benefit to the species from providing to the landowner
location information that it already has. Critical habitat designation
also would increase the risk of overcollection of P. yadonii due to the
publication of precise locational maps and detailed habitat
descriptions as required under critical habitat regulations (16 U.S.C.
1533(b) (5)(A)(I) and (6)(A); 50 CFR 424.12(c), 424.16(a) and
424.18(a)). The risk of increased threat to P. yadonii from
overcollection is discussed in more detail.
Piperia yadonii also occurs on State lands. The location of these
plants is known to the managing agency, the CDPR, which is committed to
protecting these plants. Critical habitat designation for these lands,
therefore, would not be of additional benefit to the species.
One population of Piperia yadonii was reported from Federal land on
Fort Ord in the early 1990s, but this species has not been seen there
for several years despite extensive directed surveys (Jones and Stokes
Assoc. 1996). The land where it occurred is to be preserved within a
development area and will be transferred to a local entity for that
purpose in the near future. Should the plant reappear at this site, it
is likely that the population will be small and highly vulnerable to
collection. Critical habitat designation at this site, therefore, may
increase the threat to P. yadonii from overcollection in this easily
accessible area.
Three small colonies of Piperia yadonii, with a total of a few
hundred plants, also occur on Federal lands managed by the Naval
Postgraduate School and the Presidio of Monterey. The Navy is aware of
the location of these plants and is committed to
[[Page 43114]]
protecting them. While designation of critical habitat for these
populations may provide some small benefit, this benefit must be
weighed against the risks associated with such designation. Piperia
yadonii is an orchid, a plant family highly prized by collectors
throughout the world. The threat that collection poses to wild orchids
is considered sufficiently serious that the entire orchid family, with
the exception of certain species considered at greatest risk, is
included on Appendix II of the Convention on the International Trade in
Endangered Species (American Orchid Society 1997). Although P. yadonii
is not currently sought by collectors, other wild California orchids
are collected (Coleman 1995). Piperia yadonii was previously classified
as Habenaria unalascensis, Habenaria is a genus that is available
commercially and for which instructions for the cultivation of its
species are readily available on the Internet (Dragon Agro Products
1997). The listing of P. yadonii as endangered publicizes the rarity of
the taxa and thus can make them attractive to researchers, curiosity
seekers, or collectors of rare plants. Furthermore, if the majority of
the plants on the Peninsula are lost to proposed developments, the
potential for collection of flowering individuals from protected
populations will increase. Several of the small populations at the
Presidio of Monterey and the Naval Postgraduate School are located
adjacent to roads and easily accessible. Even limited collecting from
small populations could have significant negative impacts.
The publication of precise critical habitat descriptions and maps
required in a proposal for critical habitat could increase the
potential threat to these populations from possible overcollection and,
thereby contribute to their decline. The Service believes, therefore,
that the designation of critical habitat for the few populations of
Piperia yadonii on Federal lands is not prudent because any small
benefit such designation might confer is significantly outweighed by
the potential for increasing the degree of threat to these populations
from overcollection. In addition, the Navy is aware of the location of
these plants.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. 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, as follows.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
Part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) requires Federal
agencies to insure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of the 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.
Only one of the taxa, Piperia yadonii, occurs on Federal lands.
Four small colonies, totaling fewer than 500 plants, have been
identified at the Department of the Army's Presidio of Monterey, at the
Naval Post-Graduate School in Monterey, and on Fort Ord. The site at
Fort Ord was located in the early 1990s, but this species has not been
identified there for several years (Jones and Stokes Assoc. 1996). The
land where it occurred is to be preserved within a development area and
will be transferred to a local entity for that purpose in the near
future. Federal agency actions that may require consultation include
military training, construction of roads, and other developments that
could affect these small colonies.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. With respect to the four plant taxa proposed to be
listed as endangered, all trade prohibitions of section 9(a)(2) of the
Act, implemented by 50 CFR 17.61 and 17.71, would apply. These
prohibitions, in part, make it illegal with respect to any endangered
plant for any person subject to the jurisdiction of the United States
to import or export; transport in interstate or foreign commerce in the
course of a commercial activity; sell or offer for sale these species
in interstate or foreign commerce; remove and reduce to possession the
species from areas under Federal jurisdiction; maliciously damage or
destroy any such species on any area under Federal jurisdiction; or
remove, cut, dig up, damage, or destroy any such endangered plant
species on any other area in knowing violation of any State law or
regulation or in the course of any violation of a State criminal
trespass law. Cupressus goveniana ssp. goveniana (Gowen cypress),
proposed to be listed as threatened, would be subject to similar
prohibitions (16 U.S.C. 1538(a)(2)(E); 50 CFR 17.61, 17.71). Seeds from
cultivated specimens of threatened plant species are exempt from these
prohibitions provided that a statement of ``cultivated origin'' appears
on their containers. Certain exceptions apply to agents of the Service
and State conservation agencies.
It is the policy of the Service (59 FR 34272) to identify to the
maximum extent practicable at the time a species is listed those
activities that would or would not constitute a violation of section 9
of the Act. The intent of this policy is to increase public awareness
of the effect of the listing on proposed and ongoing activities within
a species' range. Colonies of Piperia yadonii are known to occur on
Federal lands. The Service believes that, based upon the best available
information, the following actions will not result in a violation of
section 9, provided these activities are carried out in accordance with
existing regulations and permit requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., grazing management, agricultural conversions, wetland
and riparian habitat modification, flood and erosion control,
residential development, recreational trail development, road
construction, hazardous material containment and cleanup activities,
prescribed burns, pesticide/herbicide application, pipelines or utility
line crossing suitable habitat,) when such activity is conducted in
accordance with any reasonable and prudent measures given by the
Service according to section 7 of the Act;
(2) Casual, dispersed human activities on foot or horseback (e.g.,
bird watching, sightseeing, photography, camping, hiking).
(3) Activities on private lands that do not require Federal
authorization and do not involve Federal funding, such as grazing
management, agricultural conversions, flood and erosion control,
[[Page 43115]]
residential development, road construction, pesticide/herbicide
application, and pipeline or utility line construction across suitable
habitat.
(4) Residential landscape maintenance, including the clearing of
vegetation around one's personal residence as a fire break.
The Service believes that the following might potentially result in
a violation of section 9; however, possible violations are not limited
to these actions alone:
(1) Unauthorized collecting of the species on Federal lands;
(2) Application of herbicides violating label restrictions;
(3) Interstate or foreign commerce and import/export without
previously obtaining an appropriate permit. Permits to conduct
activities are available for purposes of scientific research and
enhancement of propagation or survival of the species.
Intentional collection, damage, or destruction on non-Federal lands
may be a violation of State law or regulations or in violation of State
criminal trespass law and therefore a violation of section 9. The Act
and 50 CFR 17.62, 17.63, and 17.72 provide for the issuance of permits
to carry out otherwise prohibited activities involving endangered or
threatened plant species under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. It is anticipated that few trade permits will
be sought. Several central coast nurseries have cultivated Cupressus
goveniana ssp. goveniana on occasion, but it apparently is not popular
enough to be kept in stock on a regular basis. The Pebble Beach Company
is actively cultivating this plant to be used in efforts to restore
disturbed habitat (G. Fryberger, in litt. 1992).
Requests for copies of the regulations regarding listed plants and
inquiries about prohibitions and permits may be addressed to the U.S.
Fish and Wildlife Service, Endangered Species Permits, 911 NE 11th
Avenue, Portland, OR 97232-4181 (telephone 503/231-6241, facsimile 503/
231-6243).
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments, 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).
Required Determinations
This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094. For additional information concerning
permits and associated requirements for endangered and threatened
species, see 50 CFR 17.32.
References Cited
A complete list of all references cited herein is available upon
request from the Ventura Fish and Wildlife Office (see ADDRESSES
section).
Authors. The primary authors of this notice are Diane Steeck and
Constance Rutherford, Ventura Fish and Wildlife Office (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, the Service amends 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. Amend Sec. 17.12 (h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Flowering Plants
* * * * * * *
Astragalus tener var. titi....... Coastal dunes milk- U.S.A. (CA)........ Fabaceae--Pea...... E 640 NA NA
vetch.
* * * * * * *
Cupressus goveniana ssp. Gowen cypress....... U.S.A. (CA)........ Cupressaceae--Cypre T 640 NA NA
goveniana. ss.
* * * * * * *
Piperia yadonii.................. Yadon's piperia..... U.S.A. (CA)........ Orchidaceae--Orchid E 640 NA NA
* * * * * * *
Potentilla hickmanii............. Hickman's potentilla U.S.A. (CA)........ Asteraceae--Aster.. E 640 NA NA
* * * * * * *
Trifolium trichocalyx............ Monterey clover..... U.S.A. (CA)........ Fabaceae--Pea...... E 640 NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 43116]]
Dated: July 29, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-21564 Filed 8-11-98; 8:45 am]
BILLING CODE 4310-55-P
