[Federal Register Volume 60, Number 153 (Wednesday, August 9, 1995)]
[Proposed Rules]
[Pages 40549-40557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19714]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AD 38
Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Four Plants From Southwestern California and Baja
California, Mexico
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list
Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera
(Laguna Beach dudleya), Hemizonia conjugens (Otay tarweed), and
Monardella linoides ssp. viminea (willowy monardella) as endangered
throughout their respective ranges in southwestern California and
northern Baja California, Mexico, pursuant to the Endangered Species
Act of 1973, as amended (Act). These species occur in coastal sage
scrub, chaparral, and grassland habitats. The four taxa are threatened
by a variety of factors including urban and agricultural development,
competition from non-native plant species, off-road vehicle use,
mining, grazing, and trampling by hikers. This proposed rule, if made
final, would implement the Federal protection and recovery provisions
afforded by the Act for these four plant 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
sent 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 at the above address
(telephone 619/431-9440).
SUPPLEMENTARY INFORMATION:
Background
Acanthomintha ilicifolia (San Diego thornmint), Dudleya stolonifera
(Laguna Beach liveforever), Monardella linoides ssp. viminea. (willowy
monardella), and Hemizonia conjugens (Otay tarweed) occur in San Diego
and Orange Counties in southwestern California. In addition,
populations of three of these taxa (A. ilicifolia, H. conjugens, and M.
linoides ssp. viminea) extend into extreme northern Baja California,
Mexico. These species occur in coastal sage scrub or in a mosaic of
sage scrub, chaparral, riparian scrub, and grassland habitats.
Coastal sage scrub is a community typically dominated by a variety
of drought-deciduous and evergreen sclerophyllous shrubs, including
Artemisia californica (California sagebrush), Eriogonum fasciculatum
(California buckwheat), Encelia californica (California encelia), E.
farinosa (brittle bush), Malosma laurina (laurel sumac), Opuntia spp.
(prickly pear, cholla), Salvia spp. (black sage, white sage), Rhus
integrifolia (lemonadeberry), and R. ovata (sugarbush). Coastal sage
scrub was historically distributed throughout cismontane (coastal)
California south of San Francisco to Ensenada in Baja California,
Mexico (Westman 1983). It ranges in elevation from sea level to about
600 meters (m) (2,000 feet (ft)) in inland sites in the southerly
portion of its distribution (O'Leary 1990).
Acanthomintha ilicifolia grows in heavy clay soils in open areas of
coastal sage-scrub, chaparral, and native grassland in San Diego County
and northern Baja California, Mexico. Dudleya stolonifera is primarily
restricted to weathered bluffs and rock outcrops in microhabitats
within coastal sage scrub or chaparral. D. stolonifera is found only in
the vicinity of Laguna Beach (Orange County). Hemizonia conjugens
occurs in southern coastal San Diego County and northern Baja
California, Mexico, and is typically found in clay soils on slopes and
mesas within coastal sage scrub or grassland habitats. Monardella
linoides ssp. viminea primarily inhabits washes in coastal sage scrub
or riparian scrub habitats. Populations of M. linoides ssp. viminea,
concentrated in the Miramar area of San Diego County, extend south into
Baja California, Mexico.
Typically, areas with Mediterranean climates such as southern
California have numerous rare, locally endemic species (Stebbins and
Major 1965, Cody 1986). Southern California has the highest
concentration of locally endemic plant species in the United
[[Page 40550]]
States (Gentry 1986) and currently experiences one of the highest human
population growth rates in the country. Habitat destruction or
modification adversely affects taxa native to this area by reducing
population densities and contributing to habitat fragmentation. Rapid
urbanization and agricultural conversion in Orange and San Diego
Counties has already eliminated or reduced populations of the four
plant taxa addressed in this proposed rule. These species have also
been adversely affected by the invasion of non-native plants, off-road
vehicle use, increased erosion, grazing, and trampling by humans.
By the 1980's, nearly 90 percent of the entire coastal sage scrub
ecosystem in California had been lost (Westman 1981a, 1981b). In San
Diego County, 95 percent of the native perennial grasslands and nearly
60 percent of the coastal sage scrub had been eliminated as a result of
urban and agricultural development (Oberbauer and Vanderweir 1991, San
Diego Association of Governments 1995). From 1950 to 1990, the human
population of San Diego County increased by 349 percent and the
population of Orange County increased by 1,015 percent (California
Department of Finance 1993). Most of these increases occurred within or
near sites historically occupied, in part, by coastal sage scrub. About
125,000 acres of coastal sage scrub remain in San Diego County (Service
1991). Between 1990 and 2015, the number of occupied housing units in
San Diego County is expected to increase by 69 percent (San Diego
Association of Governments 1991). The trend of habitat loss and
fragmentation is expected to continue as the population of southern
California expands.
Populations of the proposed taxa in Baja California are also
threatened by land use practices. For example, Bowler (1990) and
Oberbauer (1994) reported that coastal scrub vegetation in northern
Baja California is being grazed, burned to increase grass production,
and rapidly converted to row-crop agriculture or condominiums,
campgrounds, and resort housing. Rea and Weaver (as cited in Atwood
1990) also noted that coastal sage scrub in Baja California ``. . . has
been seriously degraded by burning, grazing, and conversion to
vineyards during the past two decades.''
Discussion of the Four Species Proposed for Listing
Acanthomintha ilicifolia (San Diego thornmint) was first described
by Asa Gray as Calamintha ilicifolia, based on a type specimen
collected from ``lower California,'' (Gray 1872). Gray (1878)
subsequently renamed the species A. ilicifolia. A. ilicifolia is an
annual aromatic herb of the mint family (Lamiaceae). Members of the
genus have whorled flowers subtended by a pair of leaves and several
sharply-spined bracts. A. ilicifolia can be distinguished from other
members of the genus by its hairless anthers and style. The tubular,
two-lipped corollas are white with rose markings on the lower lip.
Acanthomintha ilicifolia usually occurs on clay soils in open
patches of coastal sage scrub and chaparral of coastal San Diego County
and south to San Telmo in northern Baja California, Mexico. This taxon
is considered to be ``. . . one of the most restricted clay soil
endemics'' (Oberbauer 1993). It is frequently associated with gabbro
soils derived from igneous rock, and also occurs in calcareous marine
sediments. About 40 percent of the known 35 historic populations of A.
ilicifolia in the United States have been extirpated. Currently, about
40,000 individuals are distributed over 20 sites in the United States
ranging from San Marcos east to Alpine and south to Otay Mesa (San
Diego County) (California Native Natural Diversity Data Base (CNNDDB)
1994, Reiser 1994). At least nine sites are known to have recently
supported A. ilicifolia in Baja California, Mexico. The status of this
species in Mexico is uncertain.
Dudleya stolonifera (Laguna Beach liveforever) was first described
by Reid Moran (1949), based on a specimen collected in 1948 from Aliso
Canyon (Orange County). This succulent perennial member of the
stonecrop family (Crassulaceae) has basal rosettes of flat, oblong,
bright green leaves that arise from a woody base. Its flowers have
bright yellow-green petals that are fused near their base. D.
stolonifera is distinguished by its branching stolons, with lateral
vegetative branches that arise from the basal rosette (Moran 1977). D.
stolonifera occurs on steep cliffs in canyons near Laguna Beach. This
species is known from only six populations, comprising a total of 8,000
to 10,000 individuals (Fred Roberts, Service botanist, pers. comm.
1994).
Hemizonia conjugens (Otay tarweed) was first described by David D.
Keck (1958) based on a specimen collected by L.R. Abrams from river
bottom land in the Otay area of San Diego. H. conjugens, a glandular,
aromatic annual of the sunflower family (Asteraceae), has a branching
stem from 5 to 25 centimeters (2 to 9.8 inches) in height, and deep
green or gray-green leaves with soft, shaggy hairs. The yellow flower
heads are composed of 8 to 10 ray flowers and 13 to 21 disk flowers
with hairless or sparingly downy corollas. The phyllaries are keeled
with short-stalked glands and large, unstalked, flat glands near the
margins. H. conjugens occurs within the range of H. fasciculata and H.
paniculata. Certain morphological characteristics of H. conjugens are
intermediate between those of the closely related species, H.
fasciculata and H. paniculata (Tanowitz 1982). H. conjugens can be
distinguished from other members of the genus by its keeled phyllaries,
black anthers, and its number of disk and ray flowers.
Hemizonia conjugens has a very limited distribution, consisting of
15 populations near Spring Valley in southern San Diego County and one
population in Baja California, Mexico (Rieser 1994; Sandy Morey,
Endangered Plants Program Coordinator, California Department of Fish
and Game, in litt. 1994). Three of the 18 historic localities of H.
conjugens in the United States are considered to be extirpated (Hogan
1990, S. Morey in litt. 1994). This taxon is restricted to clay soils
in coastal sage scrub and grassland habitats. H. conjugens appears to
tolerate mild levels of disturbance such as light grazing (Dr. Barry
Tanowitz, University of California, Santa Barbara, in litt. 1977; Hogan
1990). Such mild disturbances may create sites necessary for
germination (Tanowitz 1977), but the species is threatened by
activities such as development and intensive agriculture. Until its
rediscovery in Baja California in 1977, this species was considered to
be extinct as a result of extensive development within its range
(Tanowitz 1978).
Monardella linoides.ssp. viminea was first described in 1902 by
Edward L. Greene, who named it Monardella viminea, from a type specimen
collected by Vassey in 1880 (Greene 1902). Greene (1906) subsequently
renamed the plant Madronella viminea. Munz (1935) reduced the rank of
Monardella viminea to a subspecies of Monardella linoides. Monardella
linoides ssp. viminea is a perennial herb of the mint family
(Lamiaceae) with a woody base and aromatic foliage. The leaves of this
species are linear to lanceolate. Its pale white to rose-colored
flowers are borne in dense terminal heads subtended by greenish-white,
often rose-tipped bracts. This taxon can be distinguished from other
members of the genus by its glaucous-green, hairy stem and its
conspicuously gland-dotted bracts. Monardella linoides ssp. viminea
often grows in sandy washes and floodplains, and is frequently
associated with
[[Page 40551]]
Eriogonum fasciculatum (California buckwheat), Platanus racemosa
(sycamore), Quercus agrifolia (coast live oak), Artemisia californica
(California sagebrush), and Baccharis sarothroides (coyote-bush)
(Scheid 1985).
Approximately 6,000 individuals of Monardella linoides ssp. viminea
from 20 populations are thought to be extant in the United States. This
taxon was previously known from 27 occurrences in the United States.
All but one population of approximately 200 individuals occurs between
Penasquitos Canyon and Mission Gorge in San Diego County. Fifteen
populations have fewer than 100 plants, and 6 of these contain fewer
than 15 individuals. One population occurs near Arroyo Jatay in
northern Baja California, Mexico.
Previous Federal Actions
Federal government action on the four plant taxa considered 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 endangered, threatened, or extinct. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975, and listed Acanthomintha ilicifolia, Dudleya
stolonifera, Monardella linoides ssp. viminea, and Hemizonia conjugens
as endangered. The Service published a notice on July 1, 1975 (40 FR
27823), of its acceptance of the report of the Smithsonian Institution
as a petition within the context of section 4(c)(2) (now section
4(b)(3)) of the Act, and of its intention thereby to review the status
of the plant taxa named therein. A. ilicifolia, D. stolonifera, H.
conjugens, and M. linoides ssp. viminea were included in the July 1,
1975, notice. On June 16, 1976, the Service published a proposal (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, publication. A. ilicifolia, D.
stolonifera, H. conjugens, and M. linoides ssp. viminea were also
included in the June 16, 1976, proposal.
General comments received in response to the 1976 proposal were
summarized in an April 26, 1978, notice (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 June 16, 1976,
proposal, along with four other proposals that had expired.
The Service published a Notice of Review for plants on December 15,
1980 (45 FR 82480). This notice included Acanthomintha ilicifolia,
Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp.
viminea as category 1 candidate taxa (species for which data in the
Service's possession are sufficient to support a proposal for listing).
On November 28, 1983, the Service published in the Federal Register (48
FR 53640) a supplement to the 1980 Notice of Review. This supplement
treated A. ilicifolia, M. linoides ssp. viminea, and H. conjugens as
category 2 candidate taxa (species for which data in the Service's
possession indicate listing may be appropriate, but for which
additional biological information is needed to support a proposed
rule). In the September 27, 1985, revised Notice of Review for plants
(50 FR 39526), D. stolonifera was included as category 1 species; and
A. ilicifolia, H. conjugens, and M. linoides ssp. viminea were included
as category 2 taxa. Enough data were subsequently gathered to include
A. ilicifolia as a category 1 species in the February 21, 1990, Federal
Register (50 FR 45242). The plant Notice of Review was again revised on
September 30, 1993 (58 FR 51144). The status of D. stolonifera and A.
ilicifolia remained as category 1 candidate species; H. conjugens and
M. linoides ssp. viminea remained as category 2 candidate species.
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 all the species
presently being proposed, because the 1975 Smithsonian report that
included these species was accepted as a petition. On October 13, 1983,
the Service found that the petitioned listing of these species was
warranted, but that the listing of these species was precluded by other
pending listing actions of higher priority pursuant to section
4(b)(3)(c)(i) of the Act. The finding was reviewed in October 1984
through 1993.
In 1990, the Service received a petition to list Hemizonia
conjugens (dated December 14, 1990) as endangered and a petition to
list Acanthomintha ilicifolia (undated) as endangered from David Hogan
of the San Diego Biodiversity Project. These petitions also requested
the designation of critical habitat. A. ilicifolia and H. conjugens
were included in the Smithsonian Institution's Report of 1975 that had
been accepted as a petition. The Service, therefore, regarded Mr.
Hogan's petitions to list these two taxa as second petitions.
Summary of Factors Affecting the Species
Section 4 of the Endangered Species 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 lists. 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). The threats
facing these four taxa are summarized in Table 1. These factors and
their application to Acanthomintha ilicifolia (Gray). Gray (San Diego
thornmint), Dudleya stolonifera Moran (Laguna Beach liveforever),
Hemizonia conjugens Keck (Otay tarweed), and monardella linoides ssp.
viminea (Greene) Abrams (willowy monardella) are as follows:
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Trampling Alien plant Alteration
grazing species ORV* Urbanization Mining of hydrology
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Acanthomintha ilicifolia.... X X X X X
Dudleya Stolonifera......... X X X
Hemizonia Conjugens......... X X X
Monardella linoides ssp.
viminea.................... X X X X
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*ORV=Off-road Vehicle.
[[Page 40552]]
A. The present or threatened destruction, modification, or
curtailment of their habitat or range. The rapid urbanization of
coastal southern California imminently threatens the four taxa in this
proposed rule. Many of the same factors threatening Acanthomintha
ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea
in the United States (urban and agricultural development) are
threatening these species in Baja California, Mexico.
Of the 35 historically known populations of Acanthomintha
ilicifolia in the United States, 15 have been extirpated by residential
or commercial developments. In addition, off-road vehicle activity and
trampling by cattle and humans have contributed to the decline of this
species. Thirteen of the remaining 20 populations of A. ilicifolia
occur on unprotected land, and several of these are declining rapidly.
For example, a site near Rancho Santa Fe supported hundreds of plants
in 1978, but only three plants in 1986 (CNNDDB 1994). The habitat in
this area was degraded, apparently from the impacts of adjacent
development (CNNDDB 1994). A population of A. ilicifolia in Encinitas
contained 11,000 plants in 1989, but only 1,400 in 1992. This
population is threatened by trampling and soil erosion (Robert Taylor,
botanical consultant, pers. comm. 1992). Another locality was partially
extirpated by an unauthorized haul road, which eliminated 60 to 70
percent of the population (CNNDDB 1994).
Five of the known remaining locations of Acanthomintha ilicifolia
occur on protected land. Two populations occur on the Cleveland
National Forest (Viejas Mountain and Poser Mountain). Two populations
are found in parks owned by the City of San Diego (Penasquitos Canyon
and Mission Trail). One population, located on McGinty Mountain, is
managed by The Nature Conservancy and the California Department of Fish
and Game. However, these localities are vulnerable to habitat
degradation resulting from trampling, dumping, erosion, and off-road
vehicle activity. The McGinty Mountain population is threatened by a
proposed water tower project (Fred Sproul, botanical consultant, pers.
comm. 1992). Roads adjacent to populations in the vicinity of McGinty
Mountain and Penasquitos Canyon provide easy access for foot traffic
and off-road vehicle use (Mike Kelly, Friends of Los Penasquitos
Canyon, pers. comm. 1992). The Viejas Mountain population has been
adversely affected by trampling impacts associated with grazing,
resulting in increased erosion and the invasion of non-native plant
species (Fred Sproul, pers. comm. 1992).
The status of Acanthomintha ilicifolia and its habitat in
northwestern Baja California, Mexico, is not well documented. The
species is known to occur as far south as Las Escobas near San Quintin,
but its distribution in Mexico is spotty (Reid Moran, pers. comm.
1992). The San Diego Natural History Museum has herbarium specimens of
A. ilicifolia from nine localities in Baja California, Mexico. However,
little information is available on numbers of individuals or specific
threats. One population near Tecate is threatened by an adjacent clay
mining operation (Tom Oberbauer, senior planner, San Diego County,
pers. comm. 1992). This northern region represents one of the most
severely impacted areas in Baja California and many of the same factors
(urban and agricultural development) that have affected the status of
this taxon in the United States also threaten the species in Mexico.
Approximately 8,000 to 10,000 individuals of Dudleya stolonifera in
six locations are thought to be extant. Urban development and
associated edge effects (see Factor E) threaten D. stolonifera.
Approximately half of the Canyon Acres population of D. stolonifera has
been cleared by the landowner (CNNDDB 1992).
Habitat for Dudleya stolonifera is also degraded by adjacent land
uses. The type locality for D. stolonifera is adjacent to urban
development and is declining due to increased shading and competition
from non-native plants (Kei Nakai, botanical consultant, pers. comm.
1992). The largest population of D. stolonifera, located directly
adjacent to residential development in Aliso Canyon (Orange County), is
threatened by fuel modification and hydroseeding (City of Laguna Beach
1993; Fred Roberts, pers. comm. 1994).
Proposed development threatens the majority of the remaining
populations of Hemizonia conjugens in the United States. In addition,
much of the potentially suitable habitat for this species has been
cleared for agriculture. Three of the 18 historic locations of H.
conjugens are considered to be extirpated (Hogan 1990, S. Morey in
litt. 1994). None of the existing populations are entirely protected.
One population previously known from an open space easement in a
residential area had 100 plants in 1987, but was subsequently reported
as extirpated (Hogan 1990). The majority of remaining habitat for this
species is degraded by illegal dumping and off-road vehicle activity.
At least five of the remaining localities for H. conjugens are within
proposed development projects, and one of these may already be
extirpated. At least 80 percent of the largest known population (about
60 percent of all known individuals) of this species is threatened by a
proposed housing development (Dudek and Associates 1992, S. Morey in
litt. 1994).
Monardella linoides ssp. viminea was previously known from 27
occurrences in the United States, seven of which have been extirpated
by transportation projects and industrial development. Of the five
remaining occurrences with at least 100 individuals, none are currently
protected. The remaining populations of M. linoides ssp. viminea are
threatened by urban development, sand and gravel mining, off-road
vehicle activity, trampling, trash dumping, and erosion. One of the
largest populations (2,000 to 3,000 individuals) is located on private
property, on Federal land managed by the Navy, and on City-owned
property (Sycamore Canyon City Park). This population has been damaged
by off-road vehicles and fire, which continue to threaten the remaining
populations of this taxon. Two populations on Miramar Naval Air Station
land have been partially destroyed by road construction. The other two
large populations of M. linoides ssp. viminea are on private property.
One of these (approximately 340 individuals) is threatened by sand and
gravel mining. The other population, with approximately 200
individuals, is on property proposed for development. Habitat for this
taxon in Los Penasquitos City Regional Park is degraded by stream
erosion, trash dumping, and the invasion of non-native species. Another
population in San Clemente Park, owned by the City of San Diego, was
reported to have approximately 60 plants in the-early 1980's, but
contained fewer than 35 plants in 1987 (CNNDDB 1992).
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Dudleya stolonifera is threatened by
overcollection. Field-collected specimens of Dudleya stolonifera have
been found in southern California nurseries, and are likely to be
harvested for private collections (Kei Nakai, horticulturalist, in
litt. 1978, and pers. comm. 1992). D. stolonifera and Monardella
linoides ssp. viminea are known to be in cultivation (Mike Evans, Tree
of Life Nursery, in litt. 1987; Hickman 1993). Overutilization is not
known to be a factor for the other taxa in this proposed rule.
C. Disease or predation. Herbivory may threaten some populations of
the plants contained in this proposed rule. For example, failure of the
[[Page 40553]]
Acanthomintha ilicifolia transplants at Quail Gardens was attributed
primarily to rabbit predation (Don Miller, Quail Gardens, pers. comm.
1992). Herbivory by rabbits has also been identified as a threat to
populations of Monardella linoides ssp. viminea in San Clemente Park
(John Rieger, biologist, California Department of Transportation, pers.
comm. 1992).
D. The inadequacy of existing regulatory mechanisms. Existing
regulatory mechanisms that could provide some protection for these taxa
include: (1) the Federal Endangered Species Act in cases where these
taxa occur in habitat occupied by a listed species; (2) conservation
provisions under the Federal Clean Water Act; (3) listing under the
California Endangered Species Act; (4) the California Environmental
Quality Act; (4) implementation of conservation plans pursuant to the
California Natural Community Conservation Planning program; (5) land
acquisition and management by Federal, State, or local agencies or by
private groups and organizations; (6) local laws and regulations; and
(7) enforcement of Mexican laws.
The coastal California gnatcatcher (Polioptila californica
californica) is listed as a threatened species under the Act, and
occurs in some of the areas occupied by these four plant taxa. However,
the legal authority to protect the gnatcatcher does not extend to
candidate species. For example, the City of San Diego has recently
approved plans for a large-scale development project that will result
in significant impacts to the California gnatcatcher and coastal sage
scrub. No mitigation for impacts to Hemizonia conjugens has been
recommended by the project proponent (Ellen Berryman, Service
biologist, pers. comm. 1994) Currently, the Service is working with
local fire management agencies in San Diego County on a cooperative
agreement that would allow for incidental take of the California
gnatcatcher within 30 m (100 ft) of existing development. If
implemented, this agreement may result in additional impacts to several
of the taxa here proposed (John Lovio, Service biologist, pers. comm.
1995).
Conservation agreements with other Federal agencies may reduce the
decline of some species to the point at which listing as threatened or
endangered would not be appropriate. However, conservation agreements
with other Federal agencies would not appreciably benefit most of the
taxa in this rule. Two of the four taxa (Dudleya stolonifera and
Hemizonia conjugens) do not occur on Federal lands, and only a small
fraction of the populations of Acanthomintha ilicifolia occur on
Federal lands (two of 14 populations). It is unlikely that a
Conservation Agreement with the Forest Service on these populations
would significantly affect the decline of the species. About one-half
of the extant Monardella linoides ssp. viminea populations occur on
private land and the distribution of this taxon, frequently
characterized by small populations, is extremely restricted. A
conservation agreement with the Navy would not reduce the decline of
this taxon over a significant portion of its range.
Monardella linoides ssp. viminea could potentially be affected by
projects requiring a permit from the Army Corps of Engineers under
section 404 of the Clean Water Act. Although the objective of the Clean
Water Act is to ``restore and maintain the chemical, physical, and
biological integrity of the Nation's waters'' (Pub. L. 92-500), which
includes navigable and isolated waters, headwaters, and adjacent
wetlands, there are no specific provisions that adequately address the
need to conserve candidate species such as those considered herein.
Candidate species receive no special consideration under section 404 of
the Clean Water Act.
The California Fish and Game Commission has listed Acanthomintha
ilicifolia, Hemizonia conjugens, and Monardella linoides ssp. viminea
as endangered and Dudleya stolonifera as threatened under the Native
Plant Protection Act (chapter 10 section 1900 et seq. of the Fish and
Game Code) and California Endangered Species Act (chapter 1.5 section
2050 et seq.). Though both statutes prohibit the ``take'' of State-
listed plants (sections 1908 and 2080), State law exempts the taking of
such plants via habitat modification or land use change by a landowner.
After the Department notifies a land owner 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 plants'' (chapter 10 section
1913). Although H. conjugens is listed as endangered by the State, at
least two large-scale development projects have recently been approved
by the City of San Diego that will have significant, unmitigated
impacts on this species and its associated grassland/coastal sage scrub
habitat (Ellen Berryman, pers. comm. 1994).
The majority of the known populations of Acanthomintha ilicifolia,
Dudleya stolonifera, and Hemizonia conjugens occur on privately-owned
land. Local and county zoning designations are subject to change and
may not adequately consider the needs of sensitive species in the
establishment of open space areas. The few existing resource protection
ordinances are subject to interpretation, and compliance is not
required in cases where findings of overriding social and economic
considerations are made. In many cases, land-use planning decisions are
made on the basis of environmental review documents prepared as a
requirement of the California Environmental Quality Act (CEQA) or the
National Environmental Policy Act. These documents have not adequately
addressed potential impacts to the four taxa or offered sufficient
compensation for losses that continue to contribute to net loss of
habitat. As an example, impacts to biological resources associated with
two large-scale residential development projects (approximately 98
hectares (ha) (244 acres (ac)) and 266 ha (665 ac)) in the vicinity of
Otay Mesa, occupied in part by H. conjugens, are considered to be
significant even after all mitigation measures are implemented.
Nonetheless, statements of overriding considerations were developed,
and both projects were recently approved by the San Diego City Council
(Ellen Berryman, pers. comm. 1994).
Transplantation and relocation projects are frequently used to
compensate for the loss of rare plant species under CEQA. Hall (1987)
and Fiedler (1991) document several attempts at transplanting
Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella linoides
ssp. viminea. In one transplantation project for A. ilicifolia,
maintenance and monitoring was scheduled for a period of 5 years.
Subsequently, all records of the project were lost and the new property
owner claimed no responsibility for the project. This site was
destroyed by trash dumping and off-road vehicle use (Hall 1987). At
least six of the eight transplant populations of this species are
either rapidly declining or have been extirpated, largely as a result
of weed invasion (Fred Sproul, Mitch Beauchamp, Robert Taylor,
botanical consultants, pers. comm. 1992). Although two of the
transplanted A. ilicifolia populations (Sabre Springs and San Pasqual)
are somewhat stable, they are not likely to survive when weeding is
discontinued (Robert Taylor, pers. comm. 1992). One year after 45
individuals of M. linoides ssp. viminea were transplanted by the
California Department of Transportation, only four had survived (Hall
1987). Of the 53 transplantation, relocation, or reintroduction
projects reviewed by
[[Page 40554]]
Fiedler (1991), only 15 percent were considered to be fully successful.
None of these included A. ilicifolia, H. conjugens, or M. linoides ssp.
viminea. Transplantation has not yet been demonstrated to provide for
the long-term viability of any of the four taxa under consideration in
this proposed rule.
In 1991, the State of California established the Natural
Communities Conservation Planning (NCCP) Program to address
conservation needs of natural ecosystems throughout the State. The
initial focus of the program is the coastal sage scrub community
occupied, in part, by these four taxa. Acanthomintha ilicifolia,
Dudleya stolonifera, Hemizonia conjugens, and Monardella linoides ssp.
viminea have been included as taxa for consideration under the coastal
sage scrub NCCP Program. Several regional plans, the Multi-species
Conservation Plan (MSCP) and the Multi-habitat Conservation Plan (MHCP)
of San Diego County, and the Central/Coastal Subregional NCCP/Habitat
Conservation Plan (Central/Coastal NCCP) of Orange County are under
development by a consortium of county and municipal governments and
other parties, including the California Department of Fish and Game and
Service. Though no plans have been completed to date, progress is
currently being made and significant protection will be provided by the
NCCP program for the four taxa.
If adopted and implemented, the Central/Coastal NCCP as currently
proposed may preclude the need to list Dudleya stolonifera. The
Central/Coastal NCCP proposes protection for about 80 percent of the D.
stolonifera populations in the San Joaquin Hills of Orange County. The
largest population (about 40 percent of all individuals) would not be
included within the preservation boundary. However, this population
(Big Bend, Laguna Canyon) occurs on a rugged cliff and already receives
some protection and management from the City of Laguna Beach which has
recognized the significance of this locality since 1982.
While Acanthomintha ilicifolia, Hemizonia conjugens, and Monardella
linoides ssp. viminea will benefit from the MSCP and MHCP planning
efforts in San Diego County, these planning efforts have yet to be
approved. If adopted and implemented, the plans may preclude the need
to list one or more of these taxa. About 70 percent of the United
States populations of A. ilicifolia occur within the MSCP subregion,
including eight of 11 major populations. Four of these eight major
populations are not adequately conserved by the proposed preserve
within the subregion, and other major populations are protected but
subject to edge effects. The MHCP contains about 25 percent of the
United States populations of A. ilicifolia, including two major
populations. These populations are adequately protected.
All of the United States populations of Hemizonia conjugens occur
within the MSCP subregion. Two of the major populations, containing
about 70 percent of all known individuals, are within proposed
development projects that would fragment the remaining habitat. The
five remaining major populations (containing about 25 percent of all
individuals) may be subject to edge effects. The Service is working
with local jurisdictions and landowners to protect these populations.
While about 95 percent of the United States range of Monardella
linoides ssp. viminea occurs within the MSCP subregion, only about 20
percent occurs outside Miramar Naval Air Station. Though Miramar is not
participating in the MSCP, the Navy is working on a management plan
with the advice of the Service. At least one additional small
population occurs within the Poway Habitat Conservation Plan area.
Current efforts in the MSCP and Poway, while proposing adequate
conservation within their respective areas, are not enough to preclude
listing. However, with the completion of the Navy's management plan, M.
linoides ssp. viminea should be adequately protected.
Populations of Acanthomintha ilicifolia on Federal land (Cleveland
National Forest) are being negatively affected by unauthorized grazing
and illegal shooting and dumping (Winter 1991). The most significant
populations of Monardella linoides ssp. viminea occur on Federal land
at Miramar Naval Air Station. Though no management plan exists for this
taxon, Miramar is nearing the completion of a draft plan. Management of
the Naval Air Station will soon be transferred to the United States
Marine Corps, which will participate in the planning effort.
The ranges of Acanthomintha ilicifolia, Hemizonia conjugens, and
Monardella linoides ssp. viminea extend into northern Baja California,
Mexico. Mexico has laws that could provide protection to rare plants;
however, enforcement of these laws is lacking (Service 1992).
On July 29, 1983, Dudleya stolonifera was included in Appendix I of
the Convention on International Trade in Endangered Species of Wild
Fauna and Flora (CITES). CITES is a treaty established to prevent
international trade that may be detrimental to the survival of plants
and animals. Generally, both import and export permits are required
from the importing and exporting countries before an Appendix I species
may be shipped, and Appendix I species may not be exported for
primarily commercial purposes. However, plants that are certified by
the Service as artificially propagated in accordance with CITES
conference resolutions may be exported for commercial purposes with
only CITES export documents from the exporting country. CITES permits
may not be issued if the export will be detrimental to the survival of
the species or if the specimens were not legally acquired. However,
CITES does not regulate take or domestic trade.
E. Other natural or manmade factors affecting their continued
existence. At least two of the taxa in this proposed rule, Dudleya
stolonifera and Monardella linoides ssp. viminea, are threatened with
stochastic (random) extinction by virtue of their small population
sizes. Chance events, such as floods, fires, or drought, can
substantially reduce or eliminate populations and increase the
likelihood of extinction. In addition, small populations are threatened
by inbreeding depression (Lande 1988, Ellstrand 1992). Small
populations can have significantly lower germination rates than larger
populations of the same species due to high levels of homozygosity
(Menges 1991). Local extinctions of plant species can occur in areas
with a high degree of environmental stochasticity (e.g. large
fluctuations in rainfall, etc.). Furthermore, Acanthomintha ilicifolia
and Hemizonia conjugens are annuals that undergo large population
fluctuations from year to year. Annuals may not have a persistent seed
bank or may be unable to recolonize areas of suitable habitat due to
dispersal barriers such as intervening development. These populations
are particularly vulnerable to local extirpations.
Non-native grass and forb species have invaded many of southern
California's plant communities. Their presence and abundance is
generally an indirect result of habitat disturbance by development,
mining, grazing, discing, and alteration of hydrology. The invasion of
both native and non-native wetland plant species as a result of altered
drainage patterns threatens habitat for Monardella linoides ssp.
viminea (Scheid 1985). Grazing negatively affects Acanthomintha
ilicifolia by increasing erosion, contributing to soil compaction, and
introducing a variety of non-native
[[Page 40555]]
grasses that exclude A. ilicifolia from areas of otherwise suitable
habitat (Winter 1991). Several populations of Dudleya stolonifera are
threatened by trampling and the invasion of exotic plant species (Marsh
1992). All four taxa in this proposal are subject to displacement by
exotic plant species.
Although many coastal sage scrub and chaparral species are adapted
to periodic fires, the taxa in this proposal are threatened by fire
that can result in the extirpation of individuals or entire populations
of these species. In addition, the disruption in natural fire cycles
can also result in the conversion of coastal sage scrub or chaparral
habitats into non-native grasslands (Tyrrel 1982). For example, several
catastrophic wildfires in 1993 burned over 16,000 ha (40,000 ac) of
coastal sage scrub and associated habitats in Orange and San Diego
Counties (Service, unpublished data). These fires affected three of the
six remaining populations of Dudleya stolonifera. Due to the intensity
of these burns, it is possible that some of the affected D. stolonifera
populations will not fully recover.
Dudleya stolonifera, Hemizonia conjugens, Acanthomintha ilicifolia,
and Monardella linoides ssp. viminea generally persist as small,
isolated populations surrounded by urban or agricultural development.
Much of the remaining habitat for these taxa is degraded, and is
threatened by off-road vehicle activity, the invasion of nonnative
plants, and trampling by cattle and humans. These four species are in
danger of extinction throughout all or a significant portion of their
ranges. The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these four taxa in determining to propose this
rule. Based on this evaluation, the Service finds that the preferred
action is to list Dudleya stolonifera, Hemizonia conjugens,
Acanthomintha ilicifolia, and Monardella linoides ssp. viminea as
endangered. These four taxa are threatened by one or more of the
following factors: urbanization, agricultural conversion, off-road
vehicle activity, stochastic events, overcollecting, trampling, and the
invasion of nonnative species.
Critical habitat is not being proposed for these taxa for the
reasons discussed below.
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
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 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is listed. 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.
The Service finds that the designation of critical habitat is not
prudent for these four species at this time. Publication of precise
maps and descriptions of critical habitat would increase the degree of
threat to the four taxa from take or vandalism and could contribute to
their decline. The listing of these species under the Act publicizes
the rarity of the plants and, thus, can make them attractive to
researchers, curiosity seekers, or collectors of rare plants. Dudleya
stolonifera and Monardella linoides ssp. viminea are known to be in
cultivation.
Most populations of Acanthomintha ilicifolia, Dudleya stolonifera,
and Hemizonia conjugens are on privately owned land with little or no
Federal involvement. Therefore, the designation of critical habitat
would provide no additional benefit for these taxa. Several populations
of Monardella linoides ssp. viminea are found on Federal land at
Miramar Naval Air Station. In addition, this taxon generally occurs
along streams and washes where Federal involvement may occur through
section 404 of the Clean Water Act. All appropriate Federal and State
agencies and local planning agencies have been notified of the
locations and importance of protecting habitat for these species.
Protection of habitat for the four taxa will be addressed through the
recovery process and through the section 7 consultation process.
Therefore, the Service finds that designation of critical habitat for
these species is not prudent at this time, because such designation
would increase the degree of threat from vandalism, collecting, or
other human activities and because it is unlikely to aid in the
conservation of the taxa.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing results in
public awareness and conservation actions by Federal, State, local, 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) 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 ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of such a species
or to destroy or adversely modify its critical habitat. If a Federal
action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agencies expected to have involvement with Monardella
linoides ssp. viminea include the Army Corps of Engineers and the
Environmental Protection Agency due to their permit authority, under
section 404 of the Clean Water Act. M. linoides ssp. viminea occurs on
Miramar Naval Air Station. This base will likely be involved through
military activities or potential transfer of excess Federal lands. The
Forest Service has jurisdiction over several populations of
[[Page 40556]]
Acanthomintha ilicifolia. M. linoides ssp. viminea may be affected by
projects funded in part by the Federal Highway Administration.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered or
threatened plants. All prohibitions of section 9(a)(2) of the Act,
implemented by 50 CFR 17.61 and 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
in interstate or foreign commerce, or remove and reduce the species to
possession from areas under Federal jurisdiction. In addition, for
plants listed as endangered, the Act prohibits the malicious damage or
destruction on areas under Federal jurisdiction and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. Certain exceptions to the prohibitions apply to
agents of the Service and State conservation agencies.
The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the
issuance of permits to carry out otherwise prohibited activities
involving endangered or threatened plants under certain circumstances.
Such permits are available for scientific purposes and to enhance the
propagation or survival of the species. It is anticipated that permits
may be sought for cultivated specimens, since two of the taxa are known
to be under cultivation and are in domestic trade.
It is the policy of the Service (59 FR 36272) to identify to the
maximum extent practicable at the time a species is listed, those
activities that would or would not constitute a violation of section 9
of the Act. Such information is intended to clarify the potential
impacts of a species' listing on proposed and ongoing activities within
the species' range. Three of the four species in this rule are known to
occur on lands under the jurisdiction of the Forest Service or the
Department of Defense. Collection, damage, or destruction of listed
plants on these lands is prohibited without a Federal endangered
species permit. Such activities 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.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Carlsbad Office (see ADDRESSES section). Requests for
copies of the regulations regarding listed species and inquiries about
prohibitions and permits may be addressed to the U.S. Fish and Wildlife
Service, Ecological Services, Endangered Species Permits, 911 NE Lith
Avenue, Portland, Oregon 97232-4181 (503) 231-2063 or FAX (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 species.
Final decisions on these species will take into consideration the
comments and any additional information received by the Service, and
such communications may lead to a final regulation that differs from
this proposal.
The Endangered Species Act provides for one or more public hearings
on this proposal, if requested. Requests must be received by September
25, 1995. Such requests must be made in writing and be 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 and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited in this proposal is
available upon request from the Carlsbad Field Office (see ADDRESSES
section).
Author
The primary authors of this proposed rule are Ellen Berryman and
Edna Rey-Vizgirdas (see ADDRESSES section) (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) * * *
[[Page 40557]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
--------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Acanthomintha ilicifolia San Diego thornmint..... U.S.A. (CA)............. Lamiaceae.............. E NA NA
* * * * * * *
Dudleya stolonifera..... Laguna Beach liveforever U.S.A. (CA)............. Crassulaceae........... E NA NA
* * * * * * *
Hemizonia conjugens..... Otay tarweed............ U.S.A. (CA) Mexico...... Asteraceae............. E NA NA
* * * * * * *
Monardella linoides ssp. Willowy monardella...... U.S.A. (CA) Mexico...... Lamiaceae.............. E NA NA
viminea.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: July 5, 1995.
Mollie Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-19714 Filed 8-8-95; 8:45 am]
BILLING CODE 4310-55-P
