95-18975. Endangered and Threatened Wildlife and Plants; Proposed Endangered or Threatened Status for Seven Plants From the Mountains of Southern California  

  • [Federal Register Volume 60, Number 148 (Wednesday, August 2, 1995)]
    [Proposed Rules]
    [Pages 39337-39347]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-18975]
    
    
    
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    DEPARTMENT OF THE INTERIOR
    50 CFR Part 17
    
    RIN 1018-AD34
    
    
    Endangered and Threatened Wildlife and Plants; Proposed 
    Endangered or Threatened Status for Seven Plants From the Mountains of 
    Southern California
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Fish and Wildlife Service (Service) proposes to list two 
    plants as endangered under the Endangered Species Act of 1973, as 
    amended (Act): Poa atropurpurea (San Bernardino bluegrass) and 
    Taraxacum californicum (California dandelion). The Service also 
    proposes to list five plants as threatened: Arabis johnstonii 
    (Johnston's rock-cress), Arenaria ursina (Bear Valley sandwort), 
    Castilleja cinerea (ash-grey Indian paintbrush), Eriogonum kennedyi 
    var. austromontanum (southern mountain wild buckwheat), and Trichostema 
    austromontanum ssp. compactum (Hidden Lake bluecurls).
        These species are restricted to the Transverse and Peninsular 
    Ranges of southern California, primarily the San Bernardino and San 
    Jacinto mountains. Arenaria ursina, Castilleja cinerea, and Eriogonum 
    kennedyi var. austromontanum occur primarily on pebble plains that are 
    relatively open areas with clay soils. Poa atropurpurea and Taraxacum 
    californicum are found in mountain meadows. The only known population 
    of Trichostema austromontanum ssp. compactum is associated with an 
    ephemeral pond. Arabis johnstonii is found in forest and chaparral 
    habitats. These seven taxa are threatened by one or more of the 
    following: urbanization, habitat degradation by domestic animals, 
    grazing, competition from introduced weeds, off-road vehicle (ORV) use, 
    trampling, recreational development, alteration of the hydrologic 
    regime, overcollection, and genetic absorption with exotic species. Poa 
    atropurpurea, 
    
    [[Page 39338]]
    T. californicum, and T. austromontanum ssp. compactum are also 
    threatened by stochastic extinction due to their small population sizes 
    and limited distributions. This proposed rule, if made final, would 
    extend protection under the Act to these species.
    
    DATES: Comments from all interested parties must be received by October 
    9, 1995. Public hearing requests must be received by September 25, 
    1995.
    
    ADDRESSES: Comments and materials concerning this proposal should be 
    submitted to the Field Supervisor, U.S. Fish and Wildlife Service, 
    Carlsbad Field Office, 2730 Loker Avenue West, Carlsbad, California 
    92008. Comments and materials received will be available for public 
    inspection, by appointment, during normal business hours at the above 
    address.
    
    FOR FURTHER INFORMATION CONTACT: Gail Kobetich, Field Supervisor, at 
    the above address (619/431-9440).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Arabis johnstonii (Johnston's rock-cress) is a herbaceous perennial 
    in the mustard family (Brassicaceae), with leaves in a basal rosette 
    from which the flowering stem arises. The leaves, which range from 1 to 
    2 centimeters (cm) (0.4 to 0.8 inches (in.)) long and 1.5 to 3.5 
    millimeters (mm) (0.06 to 0.14 in.) wide, are narrowly spatulate to 
    oblanceolate, entire, and densely pubescent with fine dendritic 
    (branched) hairs. This species blooms from February to June. It has 
    purple flowers with four petals, 8 to 10 mm (0.32 to 0.4 in.) long. The 
    fruit is a hairless, narrow silique (a linear, many-seeded pod), 3 to 5 
    cm (1.2 to 2 in.) long and 2 to 3 mm (0.08 to 0.12 in.) wide. Arabis 
    johnstonii was first collected in 1922 by Philip A. Munz and I. M. 
    Johnston at Kenworthy, San Jacinto Mountains, Riverside County and 
    described by Munz (1932). A. johnstonii is readily distinguishable from 
    all other Arabis species in its range by the size and shape of its 
    petals, siliques, and basal leaves (Berg and Krantz 1982).
        Arabis johnstonii is found in chaparral and pine forest habitats 
    from 1,400 to 2,150 meters (m) (4,500 to 7,050 feet (ft)) in the 
    southern San Jacinto Mountains. Two distinct population centers are 
    known; one in the vicinity of Garner Valley and the other approximately 
    6.5 kilometers (km) (4 miles (mi)) east of Garner Valley along the 
    Desert Divide. This species occurs on U.S. Forest Service and private 
    land. Beginning around the late 1800's, habitat loss and degradation 
    began as a result of urbanization and cattle trampling in the Garner 
    Valley, and the construction of the Desert Divide trail. Urban and 
    recreational pressures have substantially affected the species over the 
    past 30 years.
        Arenaria ursina (Bear Valley sandwort), Castilleja cinerea (ash-
    grey Indian paintbrush), and Eriogonum kennedyi var. austromontanum 
    (southern mountain wild buckwheat) are perennial plants that occur 
    predominantly on pebble plains in the San Bernardino Mountains of San 
    Bernardino County. These plains are sparsely vegetated openings in the 
    surrounding forest with clay soils supporting a uniquely adapted 
    assemblage of plant species. Pebble plain habitat is found between 
    1,800 and 2,300 m (6,000 and 7,500 ft) in elevation, and occurs only 
    within a 240 square km (92 square mile (sq mi)) area in the San 
    Bernardino Mountains (Derby and Wilson 1978, Derby 1979, Krantz 1981a, 
    Neel and Barrows 1990). Due to the unique combination of edaphic and 
    climatic factors, pebble plains contain numerous plant species that are 
    either endemic to the San Bernardino Mountains, or represent disjunct 
    occurrences of species more common elsewhere.
        Arenaria ursina is a low-lying perennial herb in the pink family 
    (Caryophyllaceae) with many stems from 6 to 15 cm (2 to 6 in.) long. It 
    has small, white, five-parted flowers with petals 4 to 5 mm (0.16 to 
    0.2 in.) long and nerveless sepals 3 to 4 mm (0.12 to 0.16 in.) in 
    length with broad papery margins. This species blooms from May to 
    August. A. ursina was first collected by S. B. Parish at Bear Valley in 
    the San Bernardino Mountains in 1882, and described by B. L. Robinson 
    (1894). It was subsequently reduced to a variety of A. capillaris by A. 
    Gray (1897). B. Maguire (1951) returned the plant to species status. A. 
    ursina is readily distinguished from other Arenaria species within its 
    range by its sharp-pointed leaves, glandular-hairy stems, and sepals 
    that are obtuse or rounded (Neel and Barrows 1990, Hickman 1993).
        Seven populations of Arenaria ursina are known from pebble plain 
    habitat in the vicinity of Big Bear and Baldwin Lakes, including 
    Holcomb Valley, Sugarloaf Mountain, and Onyx Ridge (Krantz 1981a, Neel 
    and Barrows 1990). Some of these populations occur on land owned by the 
    California Department of Fish and Game (CDFG) and by private 
    landowners. Most of the extant populations occur on Forest Service land 
    and range from 1,800 to 2,900 m (6,000 to 9,500 ft) in elevation 
    (Griggs 1979, Krantz 1981a, Neel and Barrows 1990). Habitat loss for 
    this species began in the 1880's with the construction of the Big Bear 
    Lake reservoir in the San Bernardino Mountains in an area that likely 
    contained extensive meadows and pebble plains. Over the past 100 years, 
    cattle trampling, mining, timber harvest, off-road vehicle use, 
    fuelwood harvesting, campground and ski area development, and 
    urbanization have affected the habitat of this species.
        Castilleja cinerea is a semi-parasitic perennial plant in the 
    snapdragon family (Scrophulariaceae), with few to many ascending to 
    decumbent stems, 1 to 2 decimeters (dm) (4 to 8 in.) tall, sprouting 
    from a woody root-crown. The short grayish leaves are from 1 to 2 cm 
    (0.4 to 0.8 in.) long and are covered with whitish hairs. The 
    inflorescence is a greenish yellow spike, tinged with red or purplish, 
    and with distinctive yellowish hairs on the lower bracts. It flowers 
    primarily in June and July. C. cinerea was described by Gray (1883) 
    based on specimens collected by S. B. and W. F. Parish at Bear Valley 
    in 1882. C. cinerea is easily distinguished from other species of 
    Castilleja within its range by its yellow spike and calyx lobes of 
    equal length (Neel and Barrows 1990).
        Castilleja cinerea is known from fewer than 20 localities at the 
    eastern end of the San Bernardino Mountains. The range of this taxon 
    extends from Snow Valley and Fish Camp eastward to Onyx Peak, a 
    distance of about 24 km (15 mi), and from South Fork Meadows northward 
    to Holcomb Valley, a distance of about 19 km (12 mi) (Heckard 1980, 
    Neel and Barrows 1990). Although most populations occur on pebble 
    plains, C. cinerea is not strictly endemic to pebble plains. This 
    species is also found near the Snow Valley Ski Area and along Sugarloaf 
    Ridge in pine forest habitats. C. cinerea is known to occur on CDFG 
    land, and Forest Service land, including land that is leased for 
    vacation homes and a ski area. Habitat loss for this species began in 
    the 1880's with the construction of the Big Bear Lake reservoir in the 
    San Bernardino Mountains in an area that likely contained extensive 
    meadows and pebble plains. Cattle trampling, mining, timber harvest, 
    off-road vehicle use, fuelwood harvesting, campground and ski area 
    development, and urbanization have affected habitat for this species.
        Eriogonum kennedyi var. austromontanum is a low, branched perennial 
    8 to 15 dm (31 to 59 in.) high, in the buckwheat family (Polygonaceae). 
    This species blooms from July through September, and forms loose leafy 
    mats with oblanceolate leaves from 6 to 12 
    
    [[Page 39339]]
    mm (0.2 to 0.5 in.) long. The type specimen, collected in 1920 by R. D. 
    Harwood, is from Bear Valley in the San Bernardino Mountains. E. k. 
    var. austromontanum was originally described by Munz and Johnston 
    (1924). Though later treated as a subspecies by Stokes (1936), this 
    designation is not generally accepted (Munz and Reveal 1968, Hickman 
    1993). This taxon is similar in appearance to E. k. var. kennedyi 
    (Kennedy's buckwheat) (Munz and Reveal 1968). Although the two taxa are 
    very similar in morphology and habitat characteristics, E. k. var. 
    kennedyi can usually be distinguished by its smaller leaves, 2 to 4 mm 
    (0.08 to 0.16 in.) long, and achenes, 2 mm (0.08 in.) long (Reveal 
    1979). Another species that could potentially be confused with E. k. 
    var. austromontanum is E. wrightii ssp. subscaposum, which has a 
    branched inflorescence and is found in yellow pine forest (Neel and 
    Barrows 1990).
        Eriogonum kennedyi var. austromontanum is known from six 
    populations in the San Bernardino Mountains, primarily in the Bear 
    Valley and Baldwin Lake areas (Krantz 1981a, Neel and Barrows 1990). E. 
    k. var. austromontanum is known to occur on Forest Service, CDFG, and 
    private land. The construction of the Big Bear Lake reservoir in the 
    1880's began habitat loss for this species. This area in the San 
    Bernardino Mountains likely contained extensive meadows and pebble 
    plains. Since then, cattle trampling, mining, timber harvest, off-road 
    vehicle use, fuelwood harvesting, campground and ski area development, 
    and urbanization have continued to affect habitat of this species.
        Poa atropurpurea is a perennial in the grass family (Poaceae) with 
    creeping rhizomes and erect stems from 3 to 4.5 dm (12 to 18 in.) high. 
    The inflorescence is a dense spikelike panicle, with smooth, faintly 
    nerved lemmas 2.5 to 3 mm (0.1 to 0.12 in.) long, and glumes 1.5 to 2 
    mm (0.06 to 0.08 in.) long. This species flowers from early May to June 
    or July. P. atropurpurea was described by Scribner (1898) based on 
    specimens collected by S. B. Parish in 1894 at Bear Valley. P. 
    atropurpurea is known to occur in meadows of the Big Bear area in the 
    San Bernardino Mountains and in the Laguna Mountains in San Diego 
    County from about 1,800 to 2,300 m (6,000 to 7,500 ft) in elevation 
    (Sproul 1979, Krantz 1981b, Curto 1992). Several other native and at 
    least one exotic species of Poa can be found within the range of P. 
    atropurpurea, including P. fendleriana (mutton grass), P. incurva, P. 
    nevadensis (Nevada bluegrass), P. pratensis (Kentucky bluegrass), and 
    P. secunda (scabrella) (Malpais bluegrass). P. atropurpurea is 
    distinguished from P. pratensis by its smaller stature, contracted 
    panicle, and lemmas that lack a tuft of cobwebby hairs at the base 
    (Pierce and Beauchamp 1979). P. atropurpurea and P. pratensis are 
    distinguished from the other sympatric Poa species by creeping rhizomes 
    (Munz 1974).
        Habitat for Poa atropurpurea is known to exist on Forest Service, 
    CDFG, municipal, and private land in the San Bernardino Mountains. 
    Eleven known population centers of P. atropurpurea currently are known 
    to exist. These populations are distributed within a 13 km (8 mi) 
    radius of the town of Sugarloaf (Krantz 1981b). Of these, two 
    localities are on Forest Service land (Holcomb Valley and Wildhorse 
    Meadows), one is administered by CDFG (North Baldwin), one is 
    cooperatively owned by the Forest Service and a private youth camp 
    (Hitchcock Ranch), and seven are privately owned. Eight of the 11 known 
    sites are less than 2.5 hectares (ha) (6 acres (ac)) in size. Fewer 
    than 40 ha (100 ac) of habitat for this species are known to remain in 
    the San Bernardino Mountains: about 9 ha (23 ac) are administered by 
    the Forest Service, 2 ha (5 ac) by the CDFG, and 28 ha (69 ac) are 
    privately owned (Krantz 1981b). In 1979, four known populations of P. 
    atropurpurea occurred in the Laguna Mountains. Sproul (1979) reported 
    this taxon to be ``one of the rarest and most threatened plants in the 
    Laguna-Morena area.'' From 1981 until 1993, P. atropurpurea was 
    considered to be extirpated from the Laguna Mountains because no 
    individuals could be found despite repeated surveys for this taxon 
    (Curto 1992; Kirsten Winter, U.S. Forest Service, pers. comm. 1993). In 
    spring of 1993, two sites that currently support P. atropurpurea were 
    located in the Laguna Mountains within the Cleveland National Forest 
    (Raymond Vizgirdas, U.S. Fish and Wildlife Service biologist, pers. 
    comm. 1993). Each of the 2 populations consists of about 50 individuals 
    (Winter, pers. comm. 1993).
        Habitat loss for this species began in the 1880's with the 
    construction of the Big Bear Lake reservoir in the San Bernardino 
    Mountains in an area that likely contained extensive meadows and pebble 
    plains. Since then, grazing, cattle trampling, mining, timber harvest, 
    off-road vehicle use, fuelwood harvesting, campground and ski area 
    development, and urbanization have continued to affect habitat for this 
    species.
        Taraxacum californicum is a thick-rooted perennial in the sunflower 
    family (Asteraceae), 0.5 to 2 dm (0.2 to 0.7 ft) high, with light 
    green, oblanceolate, subentire to sinuate-dentate leaves from 5 to 12 
    cm (2 to 5 in.) long and 1 to 3 cm (0.4 to 1.2 in.) wide. The numerous 
    light yellow flowers are borne on leafless stalks, and bloom from May 
    to August. The outer phyllaries (outer bracts beneath the 
    inflorescence) are erect, lance-ovate, 5 to 7 mm (0.2 to 0.3 in.) long; 
    the inner phyllaries are lance-linear, 12 to 15 mm (0.5 to 0.6 in.) 
    long. This species has been previously treated as T. officinale var. 
    lividum by Koch (in Hall 1907), as T. lapponicum by Handel-Mazzetti 
    (1907), as T. ceratophorum by Sherff (1920), and T. ceratophorum var. 
    bernardinum by Jepson (1925). T. californicum was described by Munz and 
    Johnston (1925) based on specimens collected by S.B. and W.F. Parish at 
    Bear Valley in 1882. Munz and Johnston (1924) emphasized the 
    morphological distinctiveness of T. californicum, in addition to its 
    extremely disjunct distribution. They elevated this taxon to species 
    status primarily on the basis of its small achenes and erect appressed 
    phyllaries. T. californicum is readily distinguished from other members 
    of this genus within its range by its lighter green foliage, subentire 
    leaves, erect phyllaries, and paler yellow flowers (Krantz 1980).
        Taraxacum californicum occurs in moist meadow habitats in the San 
    Bernardino Mountains from 2,000 to 2,800 m (6,700 to 9,000 ft) in 
    elevation, often in association with Poa atropurpurea and other rare 
    species. This species is known to occur on Forest Service, CDFG, 
    municipal, and private land. Fewer than 15 occurrences of T. 
    californicum currently are known, with population sizes ranging from 2 
    to 300 individuals. About half of these occurrences are located within 
    or adjacent to developed areas such as Big Bear City, Big Bear Lake 
    Village, and Sugarloaf in San Bernardino County. Habitat loss for this 
    species began in the 1880's with the construction of the Big Bear Lake 
    reservoir in the San Bernardino Mountains in an area that likely 
    contained extensive meadows and pebble plains. Since then grazing, 
    cattle trampling, mining, timber harvest, off-road vehicle use, 
    fuelwood harvesting, campground and ski area development, and 
    urbanization continue to affect habitat for this species.
        Both Poa atropurpurea and Taraxacum californicum are found in wet 
    meadow habitats, primarily in the northeastern San Bernardino 
    Mountains. These taxa are further restricted to the relatively open 
    edges or ecotonal (border) areas that offer less competition from more 
    mesic species such as P. pratensis, Carex spp. or 
    
    [[Page 39340]]
    Juncus spp. (Krantz 1981b). The perimeter of such meadows often 
    intergrades with sagebrush scrub dominated by Artemisia tridentata or 
    montane forest dominated by Pinus jeffreyi.
        Trichostema austromontanum ssp. compactum is a compact, soft-
    villous (with long, shaggy hairs) annual in the mint family 
    (Lamiaceae), approximately 10 cm (4 in.) tall. This species flowers in 
    July and August. Its tiny blue, five-lobed flowers are less than 2 mm 
    (0.1 in.) long, with two blue stamens. The fruit is a smooth, four-
    lobed nutlet. T. austromontanum ssp. compactum was described by Lewis 
    (1945) based on specimens collected by M.L. Hilend at Hidden Lake (San 
    Jacinto Mountains, Riverside County).
        Trichostema austromontanum ssp. compactum has historically been 
    restricted to a single vernal pool known as Hidden Lake at an elevation 
    of about 2,400 m (8,000 ft) in the San Jacinto State Wilderness Area. 
    Hidden Lake is the only naturally occurring body of water in the San 
    Jacinto Mountains. The entire known range for this species encompasses 
    less than 0.8 ha (2 ac) (Michael Hamilton, James Reserve Manager, pers. 
    comm. 1993). The population size of T. austromontanum ssp. compactum 
    declines during periods of either above or below normal precipitation 
    because of its position along the perimeter of the vernal pool habitat 
    (Hamilton 1991). Between 1979 and 1991, the population sizes of this 
    species fluctuated from 11 to 10,000 individuals (Hamilton 1991). Since 
    the creation of the Palm Springs tramway in 1964, Hidden Lake has 
    incurred a greater intensity of trampling damage.
    
    Previous Federal Action
    
        Federal government actions on the seven taxa under consideration in 
    this rule began as a result of section 12 of the Endangered Species Act 
    of 1973, as amended (16 U.S.C. 1531 et seq.), which directed the 
    Secretary of the Smithsonian Institution to prepare a report on those 
    plants considered to be threatened, endangered, or extinct in the 
    United States. This report, designated as House Document No. 94-51, was 
    presented to Congress on January 9, 1975. The Service published a 
    notice in the July 1, 1975, 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)) of the Act, and its intention to review 
    the status of the plant taxa named therein. Arenaria ursina, Poa 
    atropurpurea, and Trichostema austromontanum ssp. compactum were 
    included in that notice as endangered species, and Arabis johnstonii, 
    Castilleja cinerea, and Taraxacum californicum were listed as 
    threatened. 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 Federal 
    Register notice dated July 1, 1975. A. ursina, P. atropurpurea, and T. 
    a. ssp. compactum were included in the proposed rule.
        General comments received in relation to the 1976 proposal were 
    summarized in an April 26, 1978, Federal Register publication (43 FR 
    17909). The Endangered Species Act Amendments of 1978 required that all 
    proposals over 2 years old be withdrawn. A 1-year grace period was 
    given to those proposals already more than 2 years old. In a December 
    10, 1979, notice (44 FR 70796), the Service withdrew the outstanding 
    portion of the June 16, 1976, proposal, along with four other proposals 
    that had expired.
        On December 15, 1980, the Service published a revised Notice of 
    Review of plants in the Federal Register (45 FR 82480). Arabis 
    johnstonii, Poa atropurpurea, Taraxacum californicum, and Trichostema 
    austromontanum. ssp. compactum were included in that notice as category 
    1 candidate species for Federal listing. Category 1 taxa are those for 
    which the Service has on file substantial information on biological 
    vulnerability and threats to support preparation of listing proposals. 
    Arenaria ursina, Castilleja cinerea, and Eriogonum kennedyi var. 
    austromontanum were included in the notice as category 2 candidate 
    species. Category 2 taxa are those for which data in the Service's 
    possession indicate listing is possibly appropriate, but for which 
    substantial data on biological vulnerability and threats are not 
    currently known or on file to support proposed rules. The status of 
    these seven taxa remained unchanged in the Notice of Review published 
    on September 27, 1985 (50 FR 39526). In the February 21, 1990, Notice 
    of Review (55 FR 6184), Arenaria ursina was changed to a category 1 
    candidate species. The status of the other six taxa remained unchanged. 
    In the revision of the plant notice published on September 30, 1993, 
    (58 FR 51144), these categories remained unchanged.
        Section 4(b)(3)(B) of the Act requires the Secretary to make 
    findings on 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 the seven taxa covered by this 
    rule, because the 1975 Smithsonian report had been accepted as a 
    petition. On October 13, 1983, the Service found that the petitioned 
    listing of these species was warranted, but precluded by other 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 annually, 
    pursuant to section 4(b)(3)(C)(i) of the Act. The finding was reviewed 
    in October of 1983 through 1994. Publication of this proposed rule 
    constitutes the final 1-year petition finding for the seven taxa.
    
    Summary of Factors Affecting the Species
    
        Section 4 of the Endangered Species Act (Act) 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 list. A 
    species may be determined to be endangered or threatened due to one or 
    more of the five factors described in section 4(a)(1) of the Act. These 
    factors and their application to Arabis johnstonii Munz (Johnston's 
    rock-cress), Arenaria ursina Robinson (Bear Valley sandwort), 
    Castilleja cinerea Gray (ash-grey Indian paintbrush), Eriogonum 
    kennedyi Porter ex Watson var. austromontanum Munz & Johnston (southern 
    mountain wild buckwheat), Poa atropurpurea Scribner (San Bernardino 
    bluegrass), Taraxacum californicum Munz & Johnston (California 
    dandelion), and Trichostema austromontanum Lewis ssp. compactum Lewis 
    (Hidden Lake bluecurls) are as follows (see Table 1):
    
                                                                                                                                                            
    
    [[Page 39341]]
                                              Table 1.--Summary of Threats                                          
    ----------------------------------------------------------------------------------------------------------------
                                                         Threats                                                    
    -----------------------------------------------------------------------------------------------------------------
                                                   Exotic                    Development                   Limited  
               Species              Trampling      plants     ORV activity    activity       Grazing       numbers  
    ----------------------------------------------------------------------------------------------------------------
    Arabis johnstonii...........            X   ............            X             X             X               
    Arenaria ursina.............            X             X             X             X                             
    Castilleja cinerea..........            X             X             X             X             X               
    Eriogonum kennedyi var.                                                                                         
     austromontanum.............            X             X             X             X                             
    Poa atropurpurea............            X             X             X             X             X             X 
    Taraxacum californicum......            X             X             X             X             X             X 
    Trichostema austromontanum                                                                                      
     ssp. compactum.............            X   ............  ............  ............  ............            X 
    ----------------------------------------------------------------------------------------------------------------
    
    
        A. The present or threatened destruction, modification, or 
    curtailment of their habitat or range. The seven taxa considered herein 
    currently are threatened by a variety of activities that result in 
    habitat modification, destruction, degradation, and fragmentation. 
    These activities include urbanization, vehicular activity, hydrologic 
    alterations, and habitat degradation by livestock.
        Five of the seven taxa proposed in this rule (Poa atropurpurea, 
    Taraxacum californicum, Arenaria ursina, Castilleja cinerea, and 
    Eriogonum kennedyi var. austromontanum) are predominantly found in 
    pebble plains or meadow habitats in the vicinity of Big Bear Lake in 
    the eastern San Bernardino Mountains. Pebble plains soils contain 
    significant amounts of clay, and are subject to extreme diurnal and 
    seasonal variation in soil temperature and moisture conditions. These 
    soils have an extremely slow infiltration rate and, thus, have a high 
    runoff potential.
        Prior to European settlement, pebble plain and meadow habitats were 
    much more abundant in the Big Bear Valley. Krantz (1987) estimated that 
    over 1,000 ha (2,500 ac) of pebble plains and natural meadowlands were 
    lost due to the construction of a dam and the resultant creation of Big 
    Bear Lake in 1883. Subsequent urbanization of the valley, land 
    disturbance from livestock, and off-road vehicle use, destroyed or 
    damaged much of the remaining pebble plain and meadow habitat (Krantz 
    1987, Neel and Barrows 1990). These factors contributed to the decline 
    of two meadow endemic species found only in the Big Bear Valley area, 
    Sidalcea pedata (pedate checker-mallow) and Thelypodium stenopetalum 
    (slender-petaled mustard), which were federally listed as endangered in 
    1984 (49 FR 34497). Nine existing pebble plain complexes have been 
    identified (Neel and Barrows 1990). Less than 220 ha (550 ac) of this 
    highly restricted community remain; about 208 ha (514 ac) is 
    administered by the Forest Service and approximately 12 ha (32 ac) 
    occurs on private land (Neel and Barrows 1990).
        Recreational activities have affected and continue to affect the 
    habitat of Arabis johnstonii, Arenaria ursina, Castilleja cinerea, 
    Eriogonum kennedyi var. austromontanum, Trichostema austromontanum ssp. 
    compactum, Poa atropurpurea, and Taraxacum californicum. These 
    activities include heavy, widespread hiking; off-road vehicle use; and 
    development of campgrounds, trails, and ski areas. The San Bernardino 
    National Forest (SBNF) has the highest recreational use of any national 
    forest (SBNF Draft Wildlife, Fisheries, Botany, and Threatened and 
    Endangered Species Program 5-year plan, 1992). The Forest Service has 
    implemented a number of measures (including fencing and signing) to 
    protect pebble plains from illegal off-road vehicle activity. Despite 
    this action, over 40 percent of the pebble plains habitat within Forest 
    Service jurisdiction remains unprotected (Neel and Barrows 1990). 
    Because of the heavy recreational pressures on the SBNF, unauthorized 
    off-road vehicle use remains a threat to these species. The Forest 
    Service has limited resources available for preventing recreational 
    impacts to these habitats. Most of the privately owned pebble plains 
    habitat receive no formal protection. A few, however, have voluntary 
    non-binding landowner agreements to protect this habitat. See Factor D 
    for additional information.
        Vehicles cause considerable damage to pebble plains habitat, and 
    all pebble plains habitat have some road development. The pebble plains 
    are extremely susceptible to damage during spring thaw (Krantz 1981a). 
    During the wet season, vehicles both directly destroy plants and create 
    deep ruts that change the water flow patterns over the pebble plains, 
    potentially indirectly affecting greater numbers of plants (Neel and 
    Barrows 1990). All known Arenaria ursina and Eriogonum kennedyi var. 
    austromontanum populations have been affected by vehicle use to some 
    extent (Krantz 1981a). Vehicular activity directly impacts plants by 
    crushing the plants and compacting and eroding the soil. Although the 
    erosion potential of the soil is not considered high, due to the 
    moderate slopes and rainfall, vehicle use can lead to a breakdown in 
    soil structure (Neel and Barrows 1990). Vehicular activity also favors 
    the establishment of species more tolerant of such disturbance, thereby 
    altering the composition of the plant community over time.
        Extensive damage to the pebble plains near North Baldwin Lake 
    occurred in March 1992. A construction vehicle (front-end loader) from 
    the adjacent San Bernardino County landfill was driven over this plant 
    site while the soils were saturated and highly vulnerable to 
    disturbance (Neel and Chaney 1992). Although the site was completely 
    fenced and posted as a rare plant site, the driver trespassed onto the 
    site, drove over the identifying signs and fences, and caused extensive 
    damage to the habitat in an apparently intentional act of vandalism 
    (Tim Krantz, consultant, in litt. 1993). Over 1,200 sq m (13,000 sq ft) 
    of pebble plain habitat was moderately to severely damaged from this 
    event. Although restoration was required by the Forest Service, it was 
    not entirely successful since the indirect effects, including 
    alteration of surface hydrology and the subsequent invasion of exotic 
    species, can have significant, long-term effects on this delicate 
    ecosystem (Neel and Chaney 1992, Krantz, in litt. 1993). These impacts 
    are not easily reversed because soil compaction could impede 
    germination and the exotic species could compete for nutrients for 
    extensive periods of time.
        Incidents involving destruction or degradation of pebble plains 
    habitat by off-road vehicles and vehicular trespass have occurred in 
    the past, and continue to present a significant threat to all pebble 
    plain sites (Maile Neel, SBNF, 
    
    [[Page 39342]]
    pers. comm. 1993, Krantz, in litt. 1993). For example, unpermitted 
    grading destroyed a portion of the Castle Glen pebble plain in 1991 
    (Krantz, in litt. 1993). Generally, when such an event occurs, 
    restoration is not undertaken since the persons responsible for the 
    habitat destruction usually cannot be identified, and the Forest 
    Service has insufficient staffing and funding to adequately restore all 
    such disturbed areas. The cumulative effects of unauthorized off-road 
    vehicle use resulted in the almost complete devegetation of a pebble 
    plains site in the SBNF near Sugarloaf (Neel and Barrows 1990). 
    Privately owned pebble plains habitat is unprotected at several 
    locations, including the Big Bear Lake and Sawmill population 
    complexes. In addition, unregulated off-road vehicle activity degraded 
    part of the Horseshoe pebble plain (Sawmill complex) under both Forest 
    Service and private ownership (Krantz, in litt. 1993). See Factor D for 
    additional information.
        Chaparral and forest habitats in the Garner Valley and Lake Hemet 
    areas containing Arabis johnstonii continue to be destroyed or degraded 
    by livestock trampling, and residential and recreational developments, 
    including groundwater drawdown by numerous wells (Hamilton, pers. comm. 
    1993). These activities contributed to the decline of A. johnstonii in 
    the region. The Garner and Wellman grazing allotments may affect 
    several populations of A. johnstonii in Garner Valley. The clay 
    substrate is especially vulnerable to trampling and disruption by 
    cattle during the saturated period in winter and early spring. Berg and 
    Krantz (1982) noted evidence of cattle-induced impacts to the substrate 
    in the vicinity of Quinn Flat, located in central Garner Valley, which 
    contains a dense population of A. johnstonii.
        The decline of Poa atropurpurea and Taraxacum californicum can be 
    attributed to a number of activities that destroyed and degraded their 
    habitat, including urbanization, livestock, off-road vehicles, and 
    hydrologic alteration. For example, the creation of Big Bear Lake 
    inundated hundreds of acres of meadows that provided habitat for 
    several sensitive taxa (Krantz 1981b). Subsequent urbanization and 
    recreational developments at the lake eliminated or fragmented many 
    populations of P. atropurpurea and T. californicum (Krantz 1980; 
    California Natural Diversity Data Base 1992).
        At least 70 percent of the remaining Poa atropurpurea habitat is 
    unprotected. In several areas of the San Bernardino Mountains, P. 
    atropurpurea is sympatric with two State and federally listed 
    endangered species, Sidalcea pedata (pedate checker-mallow) and 
    Thelypodium stenopetalum (slender-petaled mustard), and was similarly 
    impacted by urbanization and development of meadow habitat. For 
    example, development of the Big Bear airport facilities and the 
    expansion of Bear Mountain Ski Area destroyed two populations of P. 
    atropurpurea. A portion of another site was intentionally graded by the 
    landowner in 1991, which also destroyed S. pedata habitat (CDFG 1991, 
    Krantz, in litt. 1993). Since most of the remaining populations of P. 
    atropurpurea are very small, their long-term survival is questionable 
    (Krantz, in litt. 1993) (See Factor E). By 1979, half of the four known 
    Poa atropurpurea populations in Laguna Meadow (San Diego County) were 
    damaged by cattle trails, telephone line trenching, and soil removal 
    for the construction of an earthen dam at Big Laguna Lake (Sproul 
    1979). The long-term alteration of surface and subsurface hydrology in 
    Laguna Meadow through dam construction and livestock presence resulted 
    in soil disturbance. In addition, several prolonged drought events in 
    the early 1950's, middle 1970's, and late 1980's may have contributed 
    to the decline of P. atropurpurea in this area (Curto 1992).
        B. Overutilization for commercial, recreational, scientific, or 
    educational purposes. Overutilization is not known to be a threat for 
    any of the taxa under consideration in this proposed rule. All of the 
    taxa proposed herein could potentially suffer vandalism either 
    directly, or indirectly due to habitat destruction. An example of 
    vandalism to pebble plains habitat is the incident at North Baldwin 
    Lake (see Factor A), where a construction vehicle was driven over the 
    plant site even though the site was completely fenced and posted as 
    rare plant habitat. The plant habitat was extensively damaged (Tim 
    Krantz, consultant, in litt. 1993).
        C. Disease or predation. Disease is not known to be a factor 
    affecting any of the taxa under consideration in this rule. However, 
    consumption by livestock is a threat to Arenaria ursina, Castilleja 
    cinerea, Eriogonum kennedyi var. austromontanum, Poa atropurpurea, and 
    Taraxacum californicum (Krantz 1981a, Krantz, in litt. 1993). Krantz 
    (1981b) noted that since animals grazed during the flowering period of 
    P. atropurpurea, seed set and sexual reproduction are reduced. T. 
    californicum is vulnerable to consumption as its flower heads and 
    leaves are erect and readily removed by grazers (Krantz in litt. 1993). 
    In the Big Bear Basin, wild burros forage in and around pebble plain 
    and wet meadow habitats. Feral burros have been observed at North 
    Baldwin and on the pebble plains of Gold Mountain and Sawmill Complex. 
    Though levels of use and degrees of impact from burro grazing and 
    trampling have not been systematically recorded, browsed plants and 
    hoof prints in wet clay soils were noted (Neel and Barrows 1990).
        D. The inadequacy of existing regulatory mechanisms. Existing 
    regulatory mechanisms that could provide some protection for these 
    species include: (1) Listing under the California Endangered Species 
    Act, (2) provisions under the California Native Plant Protection Act, 
    (3) consideration under the California Environmental Quality Act 
    (CEQA), (4) Forest Service management policies, (5) land acquisition 
    and management by Federal, State, or local agencies, or by private 
    groups and organizations, (6) State wilderness area management 
    policies, (7) conservation provisions under the Federal Clean Water 
    Act, and (8) local laws and regulations.
        The Native Plant Protection Act (Chapter 10, Sec. 1908 et seq.) and 
    the California Endangered Species Act (Chapter 1.5, Sec. 2080 et seq.) 
    prohibit the ``take'' of State-listed plants. State law does not, 
    however, protect the plants from taking via habitat modification or 
    land use change by the landowner. After the CDFG notifies a landowner 
    that a State-listed plant grows on his or her property, State law 
    requires only that the landowner notify the agency ``at least 10 days 
    in advance of changing the land use to allow salvage of such plant'' 
    (Chapter 10, Sec. 1913).
        Although State laws could provide a measure of protection to the 
    species, these laws are not adequate to protect the species in all 
    cases. Numerous activities do not fall under the purview of the laws, 
    such as certain projects proposed by the Federal government and 
    projects falling under State statutory exemptions. Where overriding 
    social and economic considerations can be demonstrated, these laws 
    allow project proposals to go forward, even in cases where the 
    continued existence of the species may be jeopardized, or where adverse 
    impacts are not mitigated to the point of insignificance.
        The taxa in this rule are included in the California Native Plant 
    Society inventory, but none have been listed by the State. Hence, the 
    California Endangered Species Act currently provides no protection for 
    these species. Since the Native Plant Protection Act only applies to 
    plant species listed by 
    
    [[Page 39343]]
    the State, this act also provides no protection to the seven species in 
    this rule. Although these seven taxa are not listed by the State, the 
    CEQA specifies that a species not included on the State list shall be 
    considered to be endangered if the species can be shown to meet the 
    criteria for State listing.
        The CDFG recognizes that plants on Lists 1A, 1B, and 2 of the 
    ``Inventory of Rare and Endangered Vascular Plants of California'' 
    (Smith and Berg 1988) would normally qualify for State listing. All 
    seven plant taxa in this rule are included on California Native Plant 
    Society List 1B, i.e. plants rare, threatened, or endangered in 
    California and elsewhere (Smith and Berg 1988). CDFG generally requests 
    the inclusion of such species in Environmental Impact Reports. However, 
    several projects resulted in the loss of habitat for these taxa, 
    including the expansion of the Big Bear Airport, ski areas, and the 
    development of the Moonridge Golf Course in sensitive meadow habitat 
    (California Natural Diversity Data Base 1992). In addition, projects 
    such as the Eagle Point development have already been approved but do 
    not provide adequate mitigation for the sensitive meadow plants (Neel, 
    pers. comm. 1993). Recently, the City of Big Bear graded habitat 
    containing the federally listed endangered plant species Sidalcea 
    pedata without providing appropriate mitigation measures (Mary Meyer, 
    CDFG, pers. comm. 1993). Furthermore, these taxa face threats that are 
    not easily controlled by existing regulations, particularly 
    unauthorized off-road vehicle activity.
        With the exception of Trichostema austromontanum ssp. compactum, 
    which only occurs on State land, all of the taxa under consideration in 
    this rule are found on the SBNF and are recognized by the Forest 
    Service as ``sensitive species'' (SBNF 1989). The Forest Service has 
    policies to protect sensitive plant taxa, including attempting to 
    establish these species in suitable or historic habitat, encouraging 
    land acquisitions to protect sensitive plant habitat, establishing 
    refugia for pebble plains species, and not permitting activities that 
    may alter the hydrology or meadow habitat for sensitive plants (SBNF 
    1989). These guidelines, however, have not been entirely effective. 
    Bluff Lake, which is privately owned and contains populations of Poa 
    atropurpurea and Taraxacum californicum, was identified as a 
    potentially suitable mitigation bank of wetland and wet meadow habitat 
    for developments in the region. It was identified as a high priority 
    for the Forest Service's Land Ownership Adjustment Program (Bruce 
    Daniels, City of Big Bear Lake, in litt. 1992). Unfortunately, plans to 
    acquire Bluff Lake are no longer being pursued because the parcel is 
    not available for sale (Neel, pers. comm. 1993).
        Although the Forest Service does not permit activities that alter 
    the hydrology of pebble plains or meadows, unauthorized off-road 
    vehicle use continues to be a problem in many areas and contributes to 
    hydrologic modifications of these sensitive habitats. Even if most of 
    the remaining pebble plains and meadow habitats on the SBNF could be 
    adequately protected from human disturbance, the amount of habitat 
    presently occupied by five of the seven taxa under consideration in 
    this rule may not be sufficient to maintain their long-term viability.
        The Holcomb Valley/North Baldwin Lake region, which contains known 
    populations of five of the plant taxa in this proposed rule and 
    significant examples of pebble plains habitat, was designated as a 
    Special Interest Area by the Forest Service in 1989 due to its 
    combination of unique botanical, zoological, and historical resources 
    (Lardner, pers. comm. 1993). This designation means that certain 
    activities, such as plant collecting, are restricted. At present, no 
    specific management plan has been developed for the area due to 
    resources being directed toward higher priority activities (Neel, pers. 
    comm. 1993). The ``Barstow-to-Vegas'' motorcycle race was authorized by 
    the Forest Service to pass through this area in 1992 and 1993 (Loe, 
    pers. comm. 1992, 1994). Although the race is confined to existing dirt 
    roads and no direct impacts to sensitive plants were incurred (Neel, 
    pers. comm. 1993), this officially sanctioned large scale off-road 
    vehicle event took place in one of the highly significant and 
    vulnerable plant habitat areas of the forest (Krantz 1981a). The 
    potential exists for indirect impacts such as foot trampling to occur 
    within the area of these plants. Since the race is likely to become an 
    annual event, it is a potential threat to sensitive plant habitat.
        Two of the species in this proposal, Poa atropurpurea and Taraxacum 
    californicum could potentially be affected by projects requiring a 
    permit under section 404 of the Clean Water Act. Under section 404, the 
    U.S. Army Corps of Engineers (Corps) regulates the discharge of fill 
    material into waters of the United States, which include navigable and 
    other waters, their headwaters (streams with an average annual flow of 
    less than 5 cubic feet per second), and wetlands (either isolated or 
    adjacent to other waters). Section 404 regulations require that 
    applicants obtain a permit for projects that involve the discharge of 
    fill into waters of the U.S. Projects that qualify for authorization 
    under Nationwide Permit 26 (NWP 26) and will adversely impact 0.41 ha 
    to 4.0 ha (1 to 10 ac) of waters above the headwater point or in 
    isolated waters (including wetlands) can be permitted with minimal 
    environmental review by the Corps (33 CFR Part 330). Projects that 
    qualify for authorization under NWP 26 that affect less than 0.41 ha (1 
    ac) of isolated waters including wetlands may proceed without notifying 
    the Corps if the project meets the terms and conditions of the 
    Nationwide Permit. Formal evaluation of the impacts of such a project 
    is thus precluded under the section 404 permit process. An individual 
    permit may be required by the Corps if a project otherwise qualifying 
    under NWP 26 would have greater than minimal adverse environmental 
    impacts. The Corps is generally reluctant to withhold authorization 
    under NWP 26 unless the existence of a federally proposed or listed 
    threatened or endangered species would be affected. Candidate species 
    receive no special consideration under section 404, regardless of the 
    type of permit deemed necessary. Thus, these two taxa currently receive 
    insufficient protection under section 404.
        Representatives from various Federal, State, and local agencies, 
    and individuals from the private sector are developing a Coordinated 
    Resource Management Plan (CRMP) for the Big Bear Valley region. The 
    CRMP process is essentially a planning tool that operates on the local 
    level to minimize conflicts among various user groups, landowners, and 
    governmental agencies (CRMP Handbook 1990). The goal of this process is 
    to identify sensitive biological resources and to integrate 
    conservation efforts with those of public and private entities. 
    Although the Service supports these efforts, no protection for any of 
    the species described herein can be guaranteed. This process is 
    ongoing, and is not legally binding for participants (John Hanlon, U.S. 
    Fish and Wildlife Service, pers. comm. 1993).
        E. Other natural or manmade factors affecting their continued 
    existence. The seven taxa considered in this rule currently are 
    threatened by a variety of other factors including: trampling by humans 
    and livestock, competition with other plant species, genetic 
    absorption, drought, and stochastic events.
        Activities related to fuelwood harvesting affect Arenaria ursina, 
    Castilleja cinerea, Eriogonum kennedyi var. austromontanum, Poa 
    
    [[Page 39344]]
    atropurpurea, and Taraxacum californicum due to human trampling of 
    habitat and individual plants.
        Trampling by recreational users adversely affects populations of at 
    least three of the species (Castilleja cinerea, Taraxacum californicum, 
    and Trichostema austromontanum ssp. compactum). Individuals of 
    Trichostema showed reduced vigor under conditions of moderate to heavy 
    trampling by recreational users (Hamilton 1991). Trampling by 
    recreational users and livestock adversely affects T. californicum and 
    favors the establishment of Taraxacum officinale, since the latter 
    species responds to disturbance by producing flower heads close to the 
    soil surface (Krantz, in litt. 1993). At least one population of C. 
    cinerea was affected by trampling by recreational users. This site, 
    located across from Snow Valley Ski Area within a Forest Service lease 
    tract, was fragmented by the construction of several large cabins, a 
    parking lot, and trails. In addition, increased trampling and excessive 
    amounts of dust generated during the Barstow-to-Vegas motorcycle race 
    in Holcomb Valley may impact populations of five of the species in this 
    proposed rule: Arenaria ursina, C. cinerea, Eriogonum kennedyi var. 
    austromontanum, Poa atropurpurea, and T. californicum (Neel, pers. 
    comm. 1993).
        Due to its accessibility, the Trichostema austromontanum ssp. 
    compactum population at Hidden Lake is particularly vulnerable to 
    trampling by recreational users. This site, managed by the California 
    Department of Parks and Recreation, has been extremely popular with 
    recreational users since the development of the Palm Springs tramway in 
    1964. Several measures were initiated by the State during the past 
    decade to protect the vernal pool ecosystem and the Trichostema 
    population, including removing references to the site from park 
    interpretive materials. These measures, however, have not prevented 
    impacts from trampling by hikers and horses. Fencing is not permitted 
    because the site is located within a State wilderness area (Hamilton, 
    pers. comm. 1992).
        The presence of livestock typically changes the composition of 
    native plant communities by reducing or eliminating those species that 
    cannot withstand trampling, and enabling more resistant (usually 
    exotic) species to increase in abundance. Livestock trampling and 
    competition from exotic species could adversely affect all seven of 
    these plant taxa. Taxa that were not previously part of the native 
    flora may be introduced and flourish under a grazing regime. They may 
    reduce or eliminate native plant species through competition for 
    resources. Introduced species are used as forage in San Bernardino and 
    Cleveland National Forest grazing allotments. The native grass Poa 
    atropurpurea cannot successfully compete with these populations of non-
    native grass species (Winter 1991). Evidence of cattle-induced impacts 
    in the vicinity of Quinn Flat, in central Garner Valley, was observed 
    where a population of Arabis johnstonii exists (Berg and Krantz 1982).
        Sites supporting Arabis johnstonii, Arenaria ursina, Castilleja 
    cinerea, Eriogonum kennedyi, Poa atropurpurea, and Taraxacum 
    californicum were moderately to heavily degraded by cattle trampling in 
    the past (e.g., Big Meadow, Wildhorse Meadow, Holcomb Valley, Hitchcock 
    Ranch, Bluff Lake, Garner Valley, and Laguna Meadow). Some areas 
    continue to be grazed by cattle, horses, or burros. The Santa Ana 
    grazing allotment includes a population of C. cinerea on Sugarloaf 
    Ridge (Melody Lardner, SBNF, pers. comm. 1993). In the Cleveland 
    National Forest, the major threat to P. atropurpurea is grazing, as all 
    the Laguna Meadow populations are located within grazing allotments.
        Introduced species of grasses and forbs have invaded many of 
    California's native plant communities. Such weedy species can displace 
    the native flora by competing for nutrients, water, light, and space. 
    Weedy plant invasions are facilitated by disturbances such as grazing, 
    urban and residential developments, and various recreational 
    activities. Introduced weeds became established in many portions of the 
    San Bernardino, San Jacinto, and Laguna mountains reducing the amount 
    of suitable habitat for Taraxacum californicum, Poa atropurpurea, and 
    other native plant species. For example, the invasion of the exotic 
    cheatgrass (Bromus tectorum) is considered to be a threat to the 
    Sawmill pebble plain habitat, which supports populations of Arenaria 
    ursina, Castilleja cinerea, and Eriogonum kennedyi var. austromontanum 
    (Neel and Barrows 1990). In most localities, T. californicum was out-
    competed by the widespread, non-native T. officinale, especially in 
    areas that were disturbed by grazing or human activities. Exotic grass 
    and weed species could displace populations of both P. atropurpurea and 
    T. californicum through competition if activities such as grazing, 
    trampling, and off-road vehicles that favor aggressive introduced 
    species continue.
        Two species are threatened with the loss of their genetic 
    distinctiveness due to genetic exchange with species of the same 
    genera. Poa atropurpurea has potentially been affected by genetic 
    absorption by the widespread non-native P. pratensis (Pierce and 
    Beauchamp 1979, Sproul 1979, Curto 1992). Genetic absorption of P. 
    atropurpurea by the exotic P. pratensis is a threat to the long-term 
    viability of this species. Taraxacum californicum may also be 
    threatened with genetic absorption by the introduced T. officinale 
    (Krantz, in litt. 1993). Apparent hybrids between these two taxa were 
    observed in areas where they overlap in distribution (Krantz, pers. 
    comm. 1993; Krantz 1980). Since T. californicum rarely occurs in the 
    absence of T. officinale, the potential for loss of genetic 
    distinctiveness of the restricted species exists. Although both T. 
    californicum populations are protected, in part, by fencing of habitat 
    at North Baldwin Lake (owned by CDFG) and Holcomb Valley (Forest 
    Service), this species is likely threatened at all sites by genetic 
    absorption and competition with T. officinale.
        Drought conditions can also negatively affect pebble plains 
    species. The severe drought in 1989 dramatically reduced the number of 
    flowering individuals of pebble plains taxa and their associated insect 
    pollinators (Freas and Murphy 1990). Since both Arenaria ursina and 
    Eriogonum kennedyi var. austromontanum are dependent on insects for 
    seed set, such environmental conditions can adversely affect their 
    reproductive success (O'Brien 1980, Freas and Murphy 1990). Therefore, 
    if numbers of these species continue to decline and reproductive 
    success is low, a series of drought events may pose a threat to the 
    species because of now limited distribution.
        Stochastic extinction threatens the plants discussed herein, 
    particularly Poa atropurpurea, Taraxacum californicum, and Trichostema 
    austromontanum ssp. compactum, by virtue of their small population size 
    and limited distribution. Genetic viability is reduced in small 
    populations, making them vulnerable to extinction by manmade or natural 
    events. The potential for local extirpation precipitated by small 
    population size can be exacerbated by environmental conditions such as 
    the recent drought. For example, the few numbers of P. atropurpurea 
    individuals at the two remaining sites in the Laguna Mountains could be 
    eliminated by grazing (i.e., consumption, trampling, soil disturbance), 
    competition from alien plants, alteration of the hydrologic regime, or 
    other forms of disturbance, 
    
    [[Page 39345]]
    resulting in the extirpation of the species (Curto 1992). Most known 
    populations of T. californicum, including Hitchcock Ranch, Big Meadow 
    (Forest Service), and Pan Hot Springs (City of Big Bear), are so 
    limited in numbers (R. Vizgirdas, U.S. Fish and Wildlife Service, pers. 
    comm. 1992) that they may not survive in the future without recovery 
    actions such as reducing competition from exotic plants and restoring 
    degraded habitat areas.
        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 propose this 
    rule. Based on this evaluation, the Service finds that Poa atropurpurea 
    and Taraxacum californicum are in imminent danger of extinction 
    throughout all or a significant portion of their ranges due to habitat 
    destruction and alteration resulting from urban and recreational 
    development; grazing; trampling by livestock and humans; inadequacy of 
    existing regulatory mechanisms; genetic absorption; stochastic 
    extinction; and competition from exotic plant species. Therefore, the 
    preferred action is to list P. atropurpurea and T. californicum as 
    endangered. Other alternatives to this action were considered but not 
    preferred because not listing these species at all, or listing them as 
    threatened would not provide adequate protection or would not be in 
    keeping with the purposes of the Act.
        For the reasons discussed above, the Service finds that Arabis 
    johnstonii, Arenaria ursina, Castilleja cinerea, Eriogonum kennedyi 
    var. austromontanum, and Trichostema austromontanum ssp. compactum are 
    likely to become endangered within the foreseeable future throughout 
    all or a significant portion of their ranges if identified threats are 
    not reduced or eliminated. Threats to these five taxa include habitat 
    destruction and alteration from urban development and off-road vehicle 
    activity; habitat degradation and predation by livestock and feral 
    burros; trampling; and stochastic events. The Service has determined 
    that threatened rather than endangered status is appropriate for A. 
    johnstonii, A. ursina, C. cinerea, E. kennedyi var. austromontanum, and 
    T. a. ssp. compactum primarily because the Forest Service has initiated 
    some measures to protect these species. Management activities conducted 
    by the Forest Service (such as fencing, signing, and monitoring various 
    sensitive habitat areas) have reduced the potential for habitat 
    destruction by human activities to the degree that the danger of 
    extinction for these taxa is not imminent. However, the signs and 
    fences are often destroyed or removed, hence most localities containing 
    these taxa remain vulnerable to trespass by off-road vehicles and other 
    recreational users (Neel, pers. comm. 1993). Other alternatives to this 
    action were considered but not preferred because not listing these 
    species at all would not provide adequate protection and would not be 
    in keeping with the purposes of the Act. Listing them as endangered 
    would not be appropriate as the Forest Service has decreased the danger 
    of extinction at the present time. Critical habitat is not being 
    proposed for these species at this time, as discussed below.
    
    Critical Habitat
    
        Critical habitat is defined by section 3 of the Act as: (i) the 
    specific areas within the geographical area occupied by a species, at 
    the time it is listed in accordance with the Act, on which are found 
    those physical or biological features (I) essential to the conservation 
    of the species and (II) that may require special management 
    considerations or protection and; (ii) specific areas outside the 
    geographical area occupied by a species at the time it is listed, upon 
    a determination that such areas are essential for the conservation of 
    the species. ``Conservation'' means the use of all methods and 
    procedures needed to bring 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 424.21) require that, to the maximum extent prudent 
    and determinable, the Secretary designate critical habitat at the time 
    a species is determined to be endangered or threatened. The Service 
    finds that designation of critical habitat is not prudent for these 
    taxa at this time. Service regulations (50 CFR 424.12(a)(1)) state that 
    designation of critical habitat is not prudent when one or both of the 
    following situations exist: (1) The species is threatened by taking or 
    other human activity, and identification of critical habitat can be 
    expected to increase the degree of threat to the species, or (2) such 
    designation of critical habitat would not be beneficial to the species.
        As discussed in Factors A and B, vandalism, primarily by through 
    unauthorized trespassing in motorized vehicles, is a threat to these 
    species. One documented example of intentional habitat destruction has 
    been cited above in an area containing several of the species proposed 
    herein for listing. Acts of vandalism and habitat destruction against 
    other Federally listed endangered species in the region discussed in 
    this rule have occurred when the location of plant populations were 
    divulged (Mary Meyer, CDFG, pers. comm. 1995). The publication of the 
    required maps and descriptions for a critical habitat proposal would 
    increase the degree of threat to these taxa from possible take or 
    vandalism. The listing of species as endangered or threatened 
    publicizes their rarity, and can make them more susceptible to 
    collection by researchers or curiosity seekers. Designation of critical 
    habitat could further contribute to their decline and increase 
    enforcement problems.
        In addition, designation of critical habitat would not be 
    beneficial for these species. All Federal agencies and local planning 
    agencies involved were notified of the location and importance of 
    protecting habitat for these species. For the populations under Federal 
    jurisdiction, protection of the habitat of these species will be 
    addressed through the Act's section 4 recovery process and section 7 
    consultation process. Those populations extant on privately owned lands 
    would receive no benefit from critical habitat designation. For the 
    reasons discussed above, the Service finds that designation of critical 
    habitat for these taxa is not prudent at this time.
    
    Available Conservation Measures
    
        Conservation measures provided to species listed as endangered or 
    threatened under the Act include recognition, recovery actions, 
    requirements for Federal protection, and prohibitions against certain 
    practices. Recognition through listing encourages and results in 
    conservation actions by Federal, State, and private agencies, groups, 
    and individuals. The Act provides for possible land acquisition and 
    cooperation with the States and requires that recovery plans be 
    developed for all listed species. The protection required of Federal 
    agencies and the prohibitions against certain activities involving 
    listed plants are discussed, in part, below.
        Section 7(a) of the Act, 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) 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 
    
    [[Page 39346]]
    proposed critical habitat. If a species is listed subsequently, section 
    7(a)(2) requires Federal agencies to ensure that activities they 
    authorize, fund, or carry out are not likely to jeopardize the 
    continued existence of the species or destroy or adversely modify its 
    critical habitat. If a Federal action may affect a listed species or 
    its critical habitat, the responsible Federal agency must enter into 
    formal consultation with the Service.
        Federal agencies expected to have involvement with section 7 
    regarding these species include the Forest Service through its 
    management activities, and the U.S. Army Corps of Engineers and the 
    Environmental Protection Agency, through their permit authority under 
    section 404 of the Clean Water Act. The Federal Housing Administration 
    may be affected through funding of housing loans where these species or 
    their habitat occurs. The Federal Highway Administration may be 
    affected through potential funding of future highway construction that 
    could affect these species. The Federal Energy Regulatory Commission 
    may be involved through its permitting authority for utility projects 
    that might potentially affect these taxa.
        The Act and its implementing regulations set forth a series of 
    general prohibitions and exceptions that apply to all endangered or 
    threatened plants. All prohibitions of section 9(a)(2) of the Act, 
    implemented by 50 CFR parts 17.61 or 17.71 apply. These prohibitions, 
    in part, make it illegal for any person subject to the jurisdiction of 
    the United States to import or export, transport in interstate or 
    foreign commerce in the course of a commercial activity, sell or offer 
    for sale any such species in interstate or foreign commerce, or to 
    remove and reduce to possession the species from areas under Federal 
    jurisdiction. In addition, for plants listed as endangered, the Act 
    prohibits the malicious damage or destruction on areas under Federal 
    jurisdiction and the removal, cutting, digging up, or damaging or 
    destroying of such plants in knowing violation of any State law or 
    regulation, including State criminal trespass law. Section 4(d) of the 
    Act allows for the provision of such protection to threatened species 
    through regulation. This protection may apply to these species in the 
    future if regulations are promulgated. Seeds from cultivated specimens 
    of threatened plants are exempt from these prohibitions provided that 
    their containers are marked ``Of Cultivated Origin.'' Certain 
    exceptions to the prohibitions apply to agents of the Service and State 
    conservation agencies.
        The Act and 50 CFR 17.62 and 17.63 for endangered plants and Part 
    17.72 for threatened plants also provide for the issuance of permits to 
    carry out otherwise prohibited activities involving endangered and 
    threatened plants under certain circumstances. Such permits are 
    available for scientific purposes and to enhance the propagation or 
    survival of the species. For threatened plants, permits area also 
    available for botanical or horticultural exhibition, educational 
    purposes, or special purposes consistent with the purposes of the Act. 
    It is anticipated that few permits would ever be sought or issued 
    because these species are not in cultivation or common in the wild.
        It is the policy of the Service, published in the Federal Register 
    on July 1, 1994 (59 FR 34272), to identify to the maximum extent 
    practicable at the time a species is listed those activities that would 
    or would not constitute a violation of section 9 of the Act. The intent 
    of this policy is to increase public awareness of the effect of this 
    listing on proposed and ongoing activities within the species' range. 
    Six of the seven species in this rule are known to occur on lands 
    managed by the Forest Service. Collection, damage or destruction of 
    these species on Forest Service lands is prohibited although in 
    appropriate cases a Federal endangered species permit may be issued to 
    allow collection. Removal, cutting, digging up, damaging or destroying 
    endangered plants on non-Federal lands would constitute a violation of 
    section 9 of the Act if conducted in knowing violation of California 
    State law, including State criminal trespass law. The Service is not 
    aware of any otherwise lawful activities being conducted or proposed by 
    the public that will be affected by this listing and result in a 
    violation of section 9.
        Questions regarding activities that may constitute violations of 
    section 9 should be directed to the Field Supervisor of the Service's 
    Carlsbad Field Office (see ADDRESSES section). Requests for copies of 
    the regulations concerning listed plants and general inquiries 
    regarding prohibitions and permits may be addressed to the U.S. Fish 
    and Wildlife Service, Ecological Services, Endangered Species Permits, 
    911 N.E. 11th Avenue, Portland, Oregon, 97232-4181 (telephone 503/231-
    2063; Facsimile 503/231-6243)
    
    Public Comments Solicited
    
        The Service intends that any final action resulting from this 
    proposal will be as accurate and as effective as possible. Therefore, 
    comments or suggestions from the public, other concerned governmental 
    agencies, the scientific community, industry, or any other interested 
    party concerning this proposed rule are hereby solicited. Comments 
    particularly are sought concerning:
        (1) Biological, commercial, or other relevant data concerning any 
    threat (or lack thereof) to these taxa;
        (2) The location of any additional populations of these taxa and 
    the reasons why any habitat should or should not be determined to be 
    critical habitat as provided by section 4 of the Act;
        (3) Additional information concerning the range, distribution, and 
    population size of these taxa; and
        (4) Current or planned activities in the subject area and their 
    possible impacts on these taxa.
        The Service specifically solicits opinion from independent 
    specialists regarding pertinent scientific or commercial data and 
    assumptions relating to taxonomy, population models, and supportive 
    biological and ecological information.
        The final decision on this proposal will take into consideration 
    the comments and any additional information received by the Service, 
    and such communications may lead to final regulations that differ from 
    this proposal.
        The Endangered Species Act provides for a public hearing on this 
    proposal, if requested. Requests must be received within 45 days of the 
    date of publication of the proposal in the Federal Register. Such 
    requests must be made in writing and addressed to the Field Supervisor 
    of the Carlsbad Field Office (see ADDRESSES section).
    
    National Environmental Policy Act
        The Fish and Wildlife Service has determined that Environmental 
    Assessments or Environmental Impact Statements, as defined under the 
    authority of the National Environmental Policy Act of 1969, need not be 
    prepared in connection with regulations adopted pursuant to section 
    4(a) of the Act. A notice outlining the Service's reasons for this 
    determination was published in the Federal Register on October 25, 1983 
    (48 FR 49244).
    
    References Cited
    
        A complete list of all references cited herein is available upon 
    request from the Carlsbad Field Office (see ADDRESSES section).
    
    Author
    
        The primary author of this proposed rule is Edna Rey Vizgirdas, 
    Carlsbad 
    
    [[Page 39347]]
    Field Office (see ADDRESSES section) or telephone 619-431-9440.
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, and Transportation.
    
    Proposed Regulation Promulgation
    
        Accordingly, the Service hereby proposes to amend Part 17, 
    subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
    as set forth below:
    
    PART 17--[AMENDED]
    
        1. The authority citation for Part 17 continues to read as follows:
    
        Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
    4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
        2. Section 17.12(h) is amended by adding the following, in 
    alphabetical order under 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                                                                                                                                   
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Arabis johnstonii........  Johnston's rock-cress...  U.S.A. (CA).............  Brassicaceae............  T           ...........           NA         NA
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Arenaria ursina..........  Bear Valley sandwort....  U.S.A. (CA).............  Caryophyllaceae.........  T           ...........           NA         NA
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Castilleja cinerea.......  Ash-grey Indian           U.S.A. (CA).............  Scrophulariaceae........  T           ...........           NA         NA
                                paintbrush.                                                                                                                 
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Eriogonum kennedyi var.    southern mountain wild    U.S.A. (CA).............  Polygonaceae............  T           ...........           NA         NA
     austromontanum.            buckwheat.                                                                                                                  
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Poa atropurpurea.........  San Bernardino bluegrass  U.S.A. (CA).............  Poaceae.................  E           ...........           NA         NA
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Taraxacum californicum...  California dandelion....  U.S.A. (CA).............  Asteraceae..............  E           ...........           NA         NA
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    Trichostema                Hidden Lake bluecurls...  U.S.A. (CA).............  Lamiaceae...............  T           ...........           NA         NA
     austromontanum ssp.                                                                                                                                    
     compactum.                                                                                                                                             
                                                                                                                                                            
                       *                  *                  *                  *                  *                  *                  *                  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Dated: July 5, 1995.
    Mollie H. Beattie,
    Director, Fish and Wildlife Service.
    [FR Doc. 95-18975 Filed 8-1-95; 8:45 am]
    BILLING CODE 4310-55-P
    
    

Document Information

Published:
08/02/1995
Department:
Interior Department
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-18975
Dates:
Comments from all interested parties must be received by October 9, 1995. Public hearing requests must be received by September 25, 1995.
Pages:
39337-39347 (11 pages)
RINs:
1018-AD34
PDF File:
95-18975.pdf
CFR: (1)
50 CFR 17.12