Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37993

Fish and Wildlife Service, Ecological Final promulgation of the regulations Carlsbad Field Office (see ADDRESSES Services, Endangered Species Permits, on these species will take into section). 911 N.E. 11th Avenue, Portland, consideration the comments and any Author. The primary author of this 97232–4181 (telephone 503/231–2063; additional information received by the document is Debra Kinsinger, Carlsbad Field facsimile 503/231–6243). Service, and such communications may Office (see ADDRESSES section). lead to a final regulation that differs Public Comments Solicited List of Subjects in 50 CFR Part 17 from this proposal. The Service intends that any final The Endangered Species Act provides Endangered and threatened species, action resulting from this proposal will for one or more public hearings on this Exports, Imports, Reporting and be as accurate and as effective as proposal, if requested. Requests must be recordkeeping requirements, and possible. Therefore, comments or received by September 25, 1995. Such Transportation. suggestions from the public, other requests must be made in writing and concerned governmental agencies, the addressed to the Field Supervisor of the Proposed Regulation Promulgation scientific community, industry, or any Carlsbad Field Office (see ADDRESSES Accordingly, the Service hereby other interested party concerning this section). proposes to amend part 17, subchapter proposed rule are hereby solicited. National Environmental Policy Act B of chapter I, title 50 of the Code of Comments particularly are sought Federal Regulations, as set forth below: concerning: The Fish and Wildlife Service has (1) Biological, commercial trade, or determined that Environmental PART 17Ð[AMENDED] other relevant data concerning any Assessments or Environmental Impact threat (or lack thereof) to filifolia, Statements, as defined under the 1. The authority citation for part 17 maximum, and authority of the National Environmental continues to read as follows: ; Policy Act of 1969, need not be Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (2) The location of any additional prepared in connection with regulations 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– populations of these species and the adopted pursuant to section 4(a) of the 625, 100 Stat. 3500, unless otherwise noted. reasons why any habitat should or Endangered Species Act of 1973, as should not be determined to be critical amended. A notice outlining the 2. Section 17.12(h) is amended by habitat as provided by section 4 of the Service’s reasons for this determination adding the following, in alphabetical Act; was published in the Federal Register order under FLOWERING , to (3) Additional information concerning on October 25, 1983 (48 FR 49244). the List of Endangered and Threatened the range, distribution, and population Plants, to read as follows: size of these species; and References Cited (4) Current or planned activities in the A complete list of all references cited § 17.12 Endangered and threatened plants. subject area and their possible impacts herein is available upon request from * * * * * on these species. the U.S. Fish and Wildlife Service, (h) * * *

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Cercocarpus Catalina Island U.S.A. (CA) ...... Rosaceae ...... E ...... NA NA traskiae. mountain-mahog- any.

******* Lithophragma maxi- San Clemente Is- U.S.A. (CA) ...... ...... E ...... NA NA mum. land woodland- star.

******* ...... U.S.A. (CA) ...... ...... E ...... NA NA rockcress.

*******

Dated: July 5, 1995. 50 CFR Part 17 SUMMARY: The U.S. Fish and Wildlife Mollie H. Beattie, Service (Service) proposes endangered RIN 1018±AD39 Director, Fish and Wildlife Service. status pursuant to the Endangered [FR Doc. 95–18241 Filed 7–24–95; 8:45 am] Endangered and Threatened Wildlife Species Act of 1973, as amended (Act), BILLING CODE 4310±55±P and Plants; Proposed Rule for 16 for 16 plant taxa from the northern Taxa From the Northern Channel Channel Islands, : Arabis Islands, California hoffmannii (Hoffmann’s rock-cress), Arctostaphylos confertiflora (Santa Rosa AGENCY: Fish and Wildlife Service, Island manzanita), Berberis pinnata ssp. Interior. insularis (island barberry), ACTION: Proposed rule. mollis (soft-leaved paintbrush), 37994 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules blochmaniae ssp. insularis (Santa Rosa slender-flowered ), Helianthemum Except for the City of Avalon, Santa Island dudleya), Dudleya sp. nov. ‘‘East greenei (island rush-rose), Catalina Island is privately owned and Point’’ (munchkin dudleya), Dudleya maxima (island alumroot), managed by the Catalina Island nesiotica (Santa Cruz Island dudleya), Malacothamnus fasciculatus ssp. Conservancy. Galium buxifolium (island bedstraw), nesioticus (Santa Cruz Island Anacapa and Santa Barbara islands Gilia tenuiflora ssp. hoffmannii bushmallow), indecora were set aside as a National Monument (Hoffmann’s slender-flowered gilia), (island malacothrix), Malacothrix in 1938. In 1980 the U.S. Congress Helianthemum greenei (island rush- squalida (Santa Cruz Island abolished the National Monument and rose), Heuchera maxima (island malacothrix), Phacelia insularis ssp. incorporated those lands, waters and alumroot), Malacothamnus fasciculatus insularis (island phacelia), and interests into National Park status, ssp. nesioticus (Santa Cruz Island Thysanocarpus conchuliferus (Santa adding Santa Cruz Island and Santa bushmallow), Malacothrix indecora Cruz Island fringepod) are California Rosa Island (at that time privately (Santa Cruz Island malacothrix), Channel Island endemics. The only owned) within the boundaries. The NPS Malacothrix squalida (island species in this group that is not acquisition of Santa Rosa Island in 1986 malacothrix), Phacelia insularis ssp. exclusive to the northern island group is was accomplished by outright fee insularis (island phacelia), and the island rush-rose, with one purchase from the Vail and Vickers Thysanocarpus conchuliferus (Santa population known from Santa Catalina Ranching Company. This acquisition Cruz Island fringepod). The 16 plant Island. included the potential option for a 25- taxa and their habitats have been Located offshore and south of Santa year continuation of ranching and variously affected or are currently Barbara County, the four northern a subleased commercial and threatened by one or more of the islands (from west to east: San Miguel, hunting operation, of which 18 years following: loss; habitat alteration by Santa Rosa, Santa Cruz, and Anacapa) remain, as long as the Secretary of the mammals alien to the Channel Islands are the highest points on a 130 Interior determines that the property is (, goats, , donkeys, cattle, deer, kilometer (km) (80 mile (mi)) long being used for purposes compatible elk, bison); direct predation by these seamount (Dibblee 1982). They are with the administration of the park or same alien mammals; habitat alteration included within the boundaries of the with the preservation of its resources. by native seabirds; habitat alteration due Channel Islands National Park (CINP). In 1769 in San Diego, the to vehicular traffic; overcollection for Anacapa Island is the smallest of the establishment of the mission system scientific or recreational purposes; four northern islands and is divided began. Attempts to remove the native competition with alien plant taxa; into east, middle, and west islands Chumash Indian populations from Santa reduced genetic viability; depressed totalling 2.9 square km (1.1 square mi); Cruz Island to the mainland were reproductive vigor; and the chance of it is the closest island to the mainland completed by 1814 (Hobbs 1983). stochastic resulting from at a distance of 20 km (13 mi). East and Subsequent land use practices on the small numbers of individuals and Middle Anacapa islands are flat-topped, islands focused on the introduction of a populations. wave-cut terraces largely surrounded by variety of livestock (sheep (Ovis DATES: Comments from all interested steep cliffs. West Anacapa is the highest domesticus), goats (Capra hircus), cattle parties must be received by October 9, of the three, reaching 283 meters (m) (Bos taurus), burros (Equus asinus), and 1995. Public hearing requests must be (930 feet (ft)) above sea level. Santa Cruz horses (E. caballus)) and game species received by September 25, 1995. Island is the largest of the California (pigs (Sus scrofa), deer (Odocoilius hemionus), elk (Cervus canadensis ADDRESSES: Comments and materials Channel Islands at 249 square km (96 should be sent to the Field Supervisor, square mi) with the highest point being roosevelti), rabbits (Oryctolagus Ventura Field Office, U.S. Fish and 753 m (2,470 ft) above sea level and has cuniculus), wild turkey (Melegris gallopavo), California quail (Callipepla Wildlife Service, 2493 Portola Road, a fault-controlled central valley that californica), and chukar (Alectoris Suite B, Ventura, California 93003. creates a dry interior condition. Santa chuckar)) for ranching and hunting Comments and materials received will Rosa Island is 217 square km (84 square purposes (Hochberg et al. 1980a, be available for public inspection, by mi) in area and 475 m (1,560 ft) at its highest point. San Miguel Island, the Minnich 1980, Jones et al. 1989). appointment, during normal business The introduction of domestic animals hours at the above address. westernmost of the northern group, is 37 square km (14 square mi) in area and to island ecosystems has had FOR FURTHER INFORMATION CONTACT: Carl 253 m (830 ft) in height. Santa Catalina catastrophic effects on the vegetation. Benz, Assistant Field Supervisor, Island (south Los Angeles County) is Because of the absence of natural Ventura Field Office (see ADDRESSES 194 square km (75 square mi) in area population controls such as disease and section) (telephone number 805/644– and its highest elevation is 648 m (2,125 predation, livestock overpopulated the 1766; facsimile 805/644–3958). ft) above sea level (Power 1980). islands. The ultimate control on SUPPLEMENTARY INFORMATION: Much of the northern Channel Islands population sizes for livestock on islands are managed by Federal agencies. San has been starvation (Sauer 1988). Background Miguel Island is under the jurisdiction Records for Santa Cruz Island indicate Arabis hoffmanii (Hoffmann’s rock- of the U.S. Department of the Navy that sheep had been introduced in the cress), Arctostaphylos confertiflora (Navy), but the National Park Service early 1830’s; by 1875, sheep stocking (Santa Rosa Island manzanita), Berberis (NPS) has operational jurisdiction was around 50,000 head (Hobbs 1983). pinnata ssp. insularis (island barberry), through a Memorandum of Agreement. In 1890, perhaps as many as 100,000 Castilleja mollis (soft-leaved Anacapa Island is managed by the NPS sheep grazed on Santa Cruz Island paintbrush), Dudleya blochmaniae ssp. with an inholding for the U.S. Coast (Hochberg et al. 1980a). Pigs had been insularis (Santa Rosa Island dudleya), Guard lighthouse. The western 90 released on Santa Cruz Island by 1854 Dudleya sp. nov. ‘‘East Point’’ percent of Santa Cruz Island is owned (Hobbs 1983). Conditions of overgrazing (munchkin dudleya), and managed by The Nature combined with drought occurred in (Santa Cruz Island dudleya), Galium Conservancy (TNC). Almost all of the 1864, 1870–72, 1877, 1893–1904, 1923– buxifolium (island bedstraw), Gilia remaining 10 percent of the island is 24, 1935, 1946–48, 1964, (Dunkle 1950, tenuiflora ssp. hoffmannii (Hoffmann’s under the jurisdiction of the NPS. Johnson 1980) and most recently 1986– Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37995

91 (Halvorson 1993). These episodes mainland sites where development and et al. 1990, Halvorson 1993). The resulted in livestock losses to starvation recreation have largely eliminated them. riparian habitats are heavily modified (Johnson 1980). Manipulation of the Coastal bluff habitat has provided a physically and structurally, and in some vegetation by over 150 years of intensive refugium from habitat elimination that areas they have been completely grazing and browsing has resulted in the accompanies grazing by non-native eliminated (Hochberg et al. 1980a, replacement of native plant animals (Minnich 1980, Halvorson et al. Minnich 1980). Normally, a canyon communities with non-native grasslands 1992). The upland habitat was largely with year-round water will have well- (Minnich 1980, Hobbs 1983). shrubland; many of the representative developed riparian vegetation that Several non-native weedy plant species are now found only on bluff includes willows (Salix spp.), species have invaded the disturbed sites (D’Antonio et al. 1992). The sycamores (Platanus racemosa), habitats of the islands. One of the most grasslands are largely composed of non- cottonwoods (Populus spp.) and oaks obvious problem species is fennel native annual species and have greatly (Foeniculum vulgare) on Santa Cruz expanded at the expense of most other (Quercus spp.). This vegetation would Island. Fennel and other aggressive non- habitat types (Hobbs 1983, Cole 1994). typically support a rich diversity of native weed species displace native Historic photographs reveal the loss of organisms, especially neo-tropical species and further threaten the insular woody vegetation from the islands migratory bird species (Paul Collins, ecosystems (Smith 1989, Simberloff during the last 100 years (Hobbs 1980, Santa Barbara Museum of Natural 1990). Research methods and results to Minnich 1980). The coastal sage scrub History, pers. comm., 1994). The date for the control of fennel were the habitat has increased in importance on riparian habitat is one of the most topics of many presentations at the Anacapa and San Miguel Islands where significant on the islands. Years of fourth Channel Islands symposium held grazing effects have been removed livestock overutilization have in March 1994 (Brenton and Klinger (Johnson 1980). There, the controlling considerably reduced this resource-rich 1994, Dash and Gliessman 1994, effects of grazing on the elimination of habitat. The pine forests that are Gliessman 1994). shrubs and the artificial maintenance of protected from grazing have well- Some progress has been made toward grasslands have been reversed. The developed foliar cover and pine eliminating alien animals from the coastal sage habitat is composed of soft- reproduction (Hobbs 1978). In contrast, islands. TNC has eliminated the sheep leaved, soft-stemmed plants that are Clark et al. (1990) report that pine from the western portion of Santa Cruz palatable to browsers and grazers. The forests that are subjected to grazing lack Island; however, sheep from the eastern original coastal sage scrub habitat has the protective nutrient layer of ground portion of the island are reinvading been reduced by overgrazing to the litter and exhibit no reproduction. Pigs, westward. The NPS has recently extent that it persists only in locations cattle, deer, goats, sheep, and bison removed all the pigs from Santa Rosa that are inaccessible to grazing and continue to threaten and further degrade Island. A program to control goats and browsing animals, as in patches of pigs is being implemented on western cactus and on bluffs (Minnich 1980, whole ecosystems on the islands (Sauer Santa Catalina Island. However, no Hobbs 1983). 1988, Halvorson 1993). action has been taken to eliminate deer The pre-grazing importance of cactus Islands, with their many endemic and elk from Santa Rosa Island, or pigs in the island communities will never be species of plants and animals, have long and the remaining sheep from Santa known. Overgrazing results in the attracted the attention of biologists and Cruz Island, or bison from Santa spread of cactus to areas that have been are among the world’s most fragile and Catalina Island. denuded by livestock. Overgrazing on unique ecosystems. Fifty-four island The main habitat types on the islands Santa Cruz Island greatly facilitated the endemic plant species are known from include coastal dune, coastal bluff, spread of cactus to the point that over the northern Channel Islands; 15 species grasslands, coastal sage scrub, chaparral, 40 percent of the ‘‘rangeland’’ was are single island endemics (Halvorson et oak and ironwood woodlands, riparian rendered useless (Hochberg et al. al. 1987). Some of the most striking woodlands, and conifer forest; various 1980a). Cactus habitats on Santa Cruz examples of extinction have occurred subdivisions of these types have been and Santa Rosa Islands have been from islands around the world; from the described by Dunkle (1950), Philbrick dramatically reduced to improve cattle and Haller (1977), Minnich (1980), and operations by the introduction of Channel Islands, notable Clark et al. (1990). The floristics of the biological controls (Hochberg et al. include the Santa Barbara Island song islands are composed of elements that 1980a). sparrow (Melospiza melodia cooperi) have a variety of origins. Relictual The physical condition of the remnant and the Santa Cruz Island species (wide ranging paleobotanic chaparral habitats has been modified by monkeyflower (Mimulus brandegei). fossil records) such as the endemic grazing and browsing such that shrubs Twelve plant species have been island ironwoods (Lyonothamnus form arborescent (treelike) shapes. The extirpated from various islands within floribundus) and species with disjunct continued browsing by deer and elk on the northern island group: three from distributions with the mainland such as Santa Rosa Island has created an open Santa Cruz (, the Torrey pine (Pinus torreyana) occur ‘‘skeleton’’ community reticulated by Mimulus brandegei, and Sibaria in canyons and slopes that provide game trails that provide access to nearly filifolia), three from Santa Rosa (Berberis higher moisture levels than the 100 percent of the habitat (Hochberg et pinnata ssp. insularis, Phacelia surrounding areas. Unique insular al. 1980a; Tim Thomas, U. S. Fish and insularis ssp. insularis, and endemics, including all of the species in Wildlife Service (USFWS), pers. obs., Helianthemum greenei), and six from this proposed rule, have been discussed 1993). Historic reports of the conditions San Miguel (Grindelia latifolia, by Raven (1967), Philbrick (1980), and on the islands indicate that the Ceanothus megacarpus ssp. insularis, brushlands were impenetrable Wallace (1985). Rhamnus pirifolia, Haplopappus Coastal beach and associated dune (Hochberg et al. 1980a). Island ericoides, Castilleja mollis, and Dithyrea habitats occur in the windiest sandy woodlands are dominated by unique locations on the three westernmost endemic species and heavily affected by maritima) (Philbrick 1980, Halvorson et islands. These coastal habitats appear to grazing, browsing, and rooting animals al. 1987, Clark et al. 1990). be relatively undisturbed compared to seeking summer shelter and food (Clark 37996 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

Discussion of the Taxa Included in This Proposal Table 1 summarizes the growth habit and population distribution for the 16 taxa in this proposal.

TABLE 1.ÐGROWTH HABIT, ESTIMATED POPULATIONS WITHIN THE LAST FIVE YEARS, AND INSULAR DISTRIBUTION OF SIX- TEEN PROPOSED ENDANGERED PLANT TAXA FROM THE NORTHERN CHANNEL ISLANDS, CALIFORNIA; MA=MIDDLE ANACAPA, WA=WEST ANACAPA, CR=SANTA CRUZ, RO=SANTA ROSA, MI=SAN MIGUEL, CA=SANTA CATALINA, ( )=HISTORIC DISTRIBUTION BUT BELIEVED EXTIRPATED FROM THIS LOCATION

Scientific name Growth habit Est. pops. Distribution

Arabis hoffmanii ...... Perennial herb ...... 3 ...... (RO), CR, (wA) Arctostaphylos confertifolia ...... Shrub ...... Less than 10 ...... RO Berberis pinnata ssp. insularis ...... Shrub/Vine ...... 5 ...... (RO), CR, wA Castilleja mollis ...... Perennial ...... 2 ...... (MI), RO Dudleya blochmaniae ssp. insularis ...... Succulent ...... 1 ...... RO Dudleya sp. nov. ``East Point'' ...... Succulent ...... 1 ...... RO Dudleya nesiotica ...... Succulent ...... 1 ...... CR Galium buxifolium ...... Sub-shrub ...... 10 ...... MI, CR Gilia tenuiflora ssp. hoffmannii ...... Annual ...... 1 ...... RO Helanthemum greenei ...... Sub-shrub ...... 7 ...... (RO), CR, CA Heuchera maxima ...... Perennial ...... 27 ...... RO, CR, wA Malacothamnus fasciculatus ssp. nesioticus ...... Shrub ...... 2 ...... CR Malacothrix indecora ...... Annual ...... 1 ...... (MI), CR Malacothrix squalida ...... Annual ...... 3 ...... CR, mA Phacelia insularis ssp. insularis ...... Annual ...... 5 ...... MI, (RO) Thysanocarpus conchuliferus ...... Annual ...... 8 ...... CR

Hoffmann’s rock-cress (Arabis 1950, and Jim McPherson collected the located on rocky volcanic cliffs along a hoffmannii) was first described by plant near Centinela Grade, possibly the north-facing canyon on lands owned by Philip Alexander Munz as Arabis same location, in 1967 (Steve Junak, TNC. Because of their inaccessibility, maxima var. hoffmannii in 1935 based pers. comm. 1993). It was not until 1985 and the loose structure of the volcanic on specimens collected by Ralph that Steve Junak relocated a population rock, the two cliff populations have not Hoffmann at the ‘‘sea cliffs east of Dick’s at this location (Schuyler 1986). For been thoroughly surveyed. Only a few Harbor,’’ now known as Platts Harbor, many decades, Hoffmann’s original dozen plants have been directly on Santa Cruz Island in 1932 (Rollins collection site, near Platts Harbor on observed, but the cliffs may support 1936). However, the first collection of Santa Cruz Island, was in ‘‘an area of additional individuals. The population this rock-cress was made by T.S. intense feral animal (sheep) near Centinela Grade is growing on Brandegee in 1888 from an unspecified disturbance,’’ and no plants could be Santa Cruz Island volcanics and is location on Santa Cruz Island. In 1936, found (Hochberg et al. 1980a). However, associated with giant coreopsis Reed Clark Rollins elevated the taxon to surveys conducted by TNC in 1985 were (Coreopsis gigantea), Santa Cruz Island species status by publishing the name successful in relocating two small buckwheat (Eriogonum arborescens), Arabis hoffmannii. This nomenclature populations, one comprising three and coastal prickly pear (Opuntia is upheld in the most recent treatment individual plants, near Platts Harbor littoralis), on lands owned and managed for the genus (Rollins 1993). (Schuyler 1986). by TNC. When Junak relocated this Arabis hoffmannii is a slender According to Reid Moran’s field population, approximately 30 herbaceous perennial in the mustard notes, he collected Arabis hoffmannii individuals were seen. TNC has (Brassicaceae) family. The one to several from Anacapa Island in 1941 ‘‘on the monitored this population since 1990, stems reach 0.6 m (2.0 ft) high, and have slopes above Frenchy’s Cove’’ (S. Junak, with fewer than 30 plants observed each slightly toothed basal leaves. The white pers. comm. 1993). However, no year (Klinger 1994a). The major threats flowers, comprised of four petals 1 specimens from this collection have to Arabis hoffmannii are loss of soil, centimeter (cm) (0.4 inch (in)) long, are been found in herbaria with known habitat degradation, and predation found at the tips of the stems. The collections of island species, and recent resulting from feral rooting. Because slightly curved fruits are borne on long surveys by Junak have failed to relocate of the small numbers of populations and stalks and enclose two rows of seeds in the plant on Anacapa Island (S. Junak, individuals, the taxon is also vulnerable each of two chambers. The only other pers. comm. 1993). Ralph Hoffmann to stochastic (random) extinction by rock-cress that occurs on the islands, reported the plant from ‘‘the bank above such events as storms, drought, Arabis glabra var. glabra, is a taller Water Canyon’’ on Santa Rosa Island in landslide, or fire. Small numbers of plant with cream colored flowers, and 1930, but numerous recent surveys have isolated populations and individuals occurs as an alien in open meadows and failed to locate any plants on that island also make the taxon vulnerable to slopes. (S. Junak, pers. comm. 1993). reduced reproductive vigor. Since Brandegee’s collection was Arabis hoffmannii is currently known Santa Rosa Island manzanita made in 1888, very few collections of from three small populations that (Arctostaphylos confertiflora) was first Arabis hoffmannii have been made. On collectively cover less than 0.4 hectare described by Alice Eastwood as Santa Cruz Island, Reid Moran made a (1 acre) on Santa Cruz Island. The two Arctostaphylos confertiflora in 1934 collection from the ‘‘Central Valley’’ in populations near Platts Harbor are from a collection made by Hoffmann Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37997 four years earlier ‘‘in a sheltered dell vulnerable to reduced reproductive seen (CNDDB 1994). The size of the south of Black Mountain’’ on Santa Rosa vigor. population at Hazard’s Canyon has not Island (Eastwood 1934). Abrams (1951) Island barberry (Berberis pinnata ssp. been determined due to inaccessibility. synonymized the taxon with insularis) was first described by Munz Berberis pinnata ssp. insularis is Arctostaphylos subcordata; eight years and Roos (1950) as Berberis pinnata ssp. threatened by soil loss and habitat later, Munz published the new insularis based on a specimen collected alteration caused by feral pig rooting. combination Arctostaphylos subcordata by Carl B. Wolf in 1932 ‘‘west of summit Because of the small numbers of var. confertiflora (Munz and Keck 1973). of Buena Vista Grade (also known as populations and individuals, the taxon However, in treatments of the genus, Centinela Grade), interior of Santa Cruz is also vulnerable to stochastic including the most recent, Wells (1968, Island.’’ In 1981, James Roof realigned extinction by such events as storms, 1993) has continued to uphold the this taxon with the genus Mahonia drought, or fire. Small numbers of original . because the leaves are compound, in isolated populations and individuals Arctostaphylos confertiflora is a contrast with the simple leaves of also make the taxon vulnerable to perennial shrub in the heath (Ericaceae) Berberis (Roof 1981). However, Moran reduced reproductive vigor. family that grows 0.1 to 2.0 m (4 in to (1982) made the case that this one Soft-leaved paintbrush (Castilleja 6.5 ft) high (Wells 1993). The plant has character was insufficient to defend mollis) was first described by Francis W. smooth, dark red-purple bark, densely Mahonia as a distinct natural group; Pennell as Castilleja mollis in 1947, hairy branchlets, bracts, and pedicels, subsequent treatments have included all based on material collected on Santa and light green, round-ovate leaves. The North American taxa previously referred Rosa Island in 1939 (Ingram 1990, flowers are borne in numerous dense to Mahonia as Berberis. Therefore, this Heckard and Ingram 1991). Munz and panicles that mature into flattened taxon has been referred to as Berberis Keck (1973) and Hoover (1970) included reddish-brown fruits (McMinn 1951). pinnata ssp. insularis by Munz (1974), plants of coastal sand dunes of San Luis The only other manzanita that occurs on Smith (1976), and Williams (1993). Obispo County in the description of this Berberis pinnata ssp. insularis is a Santa Rosa Island, Arctostaphylos taxon. However, Ingram (1990) has perennial shrub in the barberry family tomentosa, forms a fire-resistant burl at concluded that the taxon is endemic to (Berberidaceae). The plant has the base of the stems; Arctostaphylos Santa Rosa Island. spreading stems that reach 2 to 8 m (5 confertiflora is not burl-forming and is to 25 ft) high, with large leaves divided Castilleja mollis is a presumably considered an obligate seeder, requiring into 5 to 9 glossy green leaflets. Clusters partially parasitic perennial herb in the fire for regeneration. It occurs in of yellow flowers at the branch tips figwort (Scrophulariaceae) family. The prostrate and upright forms, the former develop into blue berries covered with plant has semi-prostrate branches that most likely due to climatic and a white bloom (waxy coating). Because reach 40 cm (16 in) in length, with herbivorous influences (McMinn 1951). new shoots can sprout from bracts and upper leaves that are grayish, Arctostaphylos confertiflora is known underground , many stems fleshy, broad and rounded and crowded only from two areas on Santa Rosa may actually represent one genetic at the apex, and the bract and calyx are Island. In the northeast portion of the clone (Hochberg et al. 1980b, California yellow to yellowish green above island near, and east of, Black Native Plant Society (CNPS) 1984, (Heckard and Ingram 1991). Ingram’s Mountain, individual plants have been Williams 1993). studies outlined a number of observed at scattered sites from upper Berberis pinnata ssp. insularis is morphological differences between Lobos Canyon east to the Torrey pine found in moist, shaded canyons on Castilleja mollis and the similar groves along Becher’s Bay, a distance of Santa Cruz and West Anacapa Island. , including the about 5 km (3 mi). The plant occurs on Hoffmann found several individuals ‘‘in indument (covering) of distinctive sedimentary substrates, which consist of Elder canyon that runs from west into branched hairs and rounded stem leaves Monterey shales and soft volcanoclastic Canada de la Casa’’ on Santa Rosa Island in the former taxon. sediments derived from San Miguel in 1930 (California Natural Diversity Two collections of Castilleja mollis volcanics (Weaver et al. 1969). Near the Data Base (CNDDB) 1993); however, in were also made by F.H. Elmore from southern tip of the island, a few spite of recent surveys, no plants have Point Bennett on San Miguel Island in individuals are scattered on the slopes been found on the island since that 1938 (Heckard and Ingram 1991); above South Point on sandstone time. Dunkle collected Berberis pinnata despite recent searches, the taxon has outcrops. The taxon occurs as a ssp. insularis on West Anacapa Island in not been seen on the island since then component of mixed chaparral, mixed 1940; the plant was not found there (S. Junak, pers. comm. 1994). Castilleja woodland, Torrey pine woodland, and again until 1980. One clone is found in mollis is known from two areas on Santa island pine woodland communities. Summit Canyon associated with Rosa Island: Carrington Point in the Junak estimated that total habitat for the chaparral species, including poison oak northeast corner of the island, and west plant comprises only a few acres (S. (Toxicodendron diversilobum), of Jaw Gulch and Orr’s Camp (this Junak, pers. comm. 1994); Clark et al. monkeyflower (Diplaucus parviflorus), location also referred to as Pocket Field) (1990) noted that it occurs in very low coyote bush (Baccharis sp.), goldenbush along the north shore of the island. At numbers. The major threats to (Haplopappus detonsus), island alum- Carrington Point, the plant is associated Arctostaphylos confertiflora are soil root (Heuchera maxima) and wild with stabilized dune scrub vegetation loss, habitat alteration and predation cucumber (Marah macrocarpus). Four that is dominated by goldenbush caused by cattle grazing and elk and populations occur on Santa Cruz Island. (Isocoma venetus var. sedoides), lupine deer browsing, which have resulted in One population on the north slope of (Lupinus albifrons), and Pacific ryegrass reproductive failure. Because of the Diablo Peak comprises 24 large ‘‘stems’’ (Leymus pacificus). At the Pocket Field small numbers of isolated populations and 75 small ‘‘stems’’ (Klinger 1994c); location, the paintbrush is associated and individuals, the taxon is also this number of stems may represent one with the non-native iceplant vulnerable to stochastic extinction by or several clonal individuals. In 1979, ( spp. and such events as storms, drought, or fire. the two populations near Campo Raton Mesembryanthemum spp.), native Small numbers of populations and were estimated to be less than 10 milkvetch (Astragalus miguelensis), and individuals also make the taxon individuals; in 1985, only one plant was alien grasses. 37998 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

In 1993, the Jaw Gulch population and the size and shape of the lower with roots exposed during the spring of was estimated to comprise up to 1,000 bracts (Moran 1950a, Bartel 1993). 1993, most likely a result of cattle individuals covering an area of less than Dudleya blochmaniae ssp. insularis is grazing and trampling (S. Chaney, CINP, 2 hectares (5 acres) (C. Rutherford and only known from the type locality near pers. comm. 1993). Threats to Dudleya T. Thomas, USFWS, pers. obs. 1993). Old Ranch Point, also known as Marsh sp. nov. ‘‘East Point’’ are soil loss, During Ingram’s field studies in 1990, Point, on the east end of the island. The habitat alteration, and predation caused the Carrington Point population taxon occupies an area of less than 1 by cattle and deer trampling and consisted of only 20 individuals (Ingram hectare (2 acres) of an ancient marine grazing. Because it is restricted to one 1990); more favorable climatic terrace with a cobbly surface, and population, the taxon is vulnerable to conditions in the past few years may associated with owl’s clover (Castilleja stochastic extinction by such events as have resulted in higher numbers of exserta), goldfields (Lasthenia storms, drought, or fire. The single plants, perhaps as many as several californica), and alien annual grasses. population and limited number of hundred. The Jaw Gulch population was The number of individuals is estimated individuals also make the taxon also used as a bedding area for deer to be 2,000 (Rutherford and Thomas, vulnerable to reduced reproductive during the fall of 1993 (Dan Richards, pers. obs. 1993). Threats to Dudleya vigor. CINP, pers. comm. 1994). Threats to blochmaniae ssp. insularis are soil loss; Santa Cruz Island dudleya (Dudleya Castilleja mollis are soil loss, habitat habitat alteration caused by cattle, elk, nesiotica) was first described by Reid alteration and predation caused by and deer trampling; vehicle access; and Moran (1950b) as Hasseanthus cattle grazing, deer and elk browsing, collecting. Because this taxon is nesioticus based on a specimen deer bedding, and competition with restricted to one population, the plant is collected from ‘‘flat area near edge of sea alien plant taxa. Because of the small also vulnerable to stochastic extinction bluff, Fraser Point,’’ on the west end of numbers of isolated populations and by such events as storms, drought, or Santa Cruz Island in 1950. Three years individuals, the taxon is also vulnerable fire. The single population and later, Moran (1953) transferred the to stochastic extinction by such events restricted number of individuals also species to the genus Dudleya, thereby as storms, drought, or fire. Small make the taxon vulnerable to reduced forming the new combination Dudleya numbers of populations and individuals reproductive vigor. nesiotica. also make the taxon vulnerable to Munchkin dudleya (Dudleya sp. nov. Like the two previously described reduced reproductive vigor. ‘‘East Point’’ (S. McCabe, pers. comm. , Dudleya nesiotica is a Santa Rosa Island dudleya (Dudleya 1994)) was first collected by Reid Moran succulent perennial in the stonecrop blochmaniae ssp. insularis) was first in 1950. In his dissertation on the genus family (). The plant has a described as Hasseanthus blochmaniae Dudleya, he included it in the corm-like stem with 8 to 16 oblanceolate ssp. insularis by Reid Moran (1950a) description of , but leaves in a basal rosette from which based on a collection made at ‘‘Old remarked upon how it differed, and several flowering stems 3 to 10 cm (1.2 Ranch Point’’ on Santa Rosa Island in described it as ‘‘forma nana.’’ to 4.0 in) tall arise. The five white- 1950. Moran (1953) combined the genus Subsequent floras treated the form in petaled flowers and resulting fruits are Hasseanthus as a subgenus of Dudleya; synonymy with Dudleya greenei (Munz erect to ascending. Hasseanthus had previously been and Keck 1973, Smith 1976). In 1993, Dudleya nesiotica is known only from segregated from Dudleya on the basis of Paul H. Thomson illegitimately one population comprising two colonies stem characteristics and the presence of published the name Dudleya nana, within 1.6 km (1 mi) of the type locality vernal (withering) leaves. In so doing, based on the description of forma nana at Fraser Point on the west end of Santa he published the new combination in Moran’s dissertation. Stephen Cruz Island. Approximately 1,000 plants Dudleya blochmaniae ssp. insularis McCabe has submitted an article occupy less than 10 acres of habitat. The (Moran 1953). A recent attempt was describing a new species of Dudleya to colonies are situated on the lowest made by Thompson (1993) to the journal Madron˜ o (S. McCabe, pers. marine terrace in association with resegregate Hasseanthus from Dudleya; comm. 1994). iceplant (Mesembryanthemum however, because rules of nomenclature Like Dudleya blochmaniae ssp. crystallinum and M. nodiflorum), alkali were not followed and the insularis described above, this plant is heath (Frankenia salina), goldfields, and morphological differences between a small succulent perennial in the pickleweed (Salicornia virginica). these two groups do not appear to merit stonecrop family (Crassulaceae). The Threats to Dudleya nesiotica are soil recognition at the genus level, the taxon plant has a short caudex-like stem, and loss, habitat alteration, and predation will be recognized in this proposed rule small, gray, ovate to oblanceolate leaves caused by pig rooting. Like many under the name Dudleya blochmaniae in a cluster of up to 20 basal rosettes, dudleyas, Dudleya nesiotica is also ssp. insularis. from which several flowering stems 2.5 threatened by collecting for botanical or Dudleya blochmaniae ssp. insularis is to 7 cm (1 to 2.75 in) long arise. The horticultural use (Moran 1979). Because a small succulent perennial in the pale yellow, five-petaled flowers are the taxon is restricted to only one stonecrop family (Crassulaceae). The fused at the base and spread only at the population, it is also vulnerable to plant has a corm-like root structure, and tips. stochastic extinction by such events as 15 to 30 oblanceolate leaves in a basal Dudleya sp. nov. ‘‘East Point’’ is storms, drought, or fire. The single rosette, from which several flowering known only from one population population and limited number of stems 3 to 7 cm (1.2 to 2.8 in) long arise. comprising three colonies near East individuals also make the taxon The white, five-petaled flowers and the Point on Santa Rosa Island. The total vulnerable to reduced reproductive resulting fruits are fused at the base and number of individuals in the three vigor. wide-spreading distally. This subspecies colonies has been estimated to be 3,200 Island bedstraw (Galium buxifolium) is distinguished from two other (S. McCabe, pers. comm. 1994). The was first described by E.L. Greene as mainland subspecies of Dudleya colonies occur on a low windswept Galium buxifolium in 1886 based on blochmaniae on the basis of the more ridge with a cobbly soil surface, which specimens collected on Santa Cruz numerous rosette leaves, shorter floral is bereft of any other vegetation save Island (Ferris 1960). In 1958, Lauramay stems, more pronounced glaucousness scattered alien annual grasses. Several Dempster (1958) described the taxon as of young floral stems and their leaves, hundred plants were observed uprooted a variety of Galium catalinense. Ferris Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 37999

(1960) suggested that the taxon was 1940). Eastwood remarked that, such events as storms, drought, or fire. subspecifically distinct, but still although the taxon is related to Gilia The single population and limited synonymized the taxon with Galium tenuiflora, no variation of the latter number of individuals also make the catalinense. Thirteen years later, included the leafy stems and terminal taxon vulnerable to reduced Dempster (1973) reestablished the taxon congested of Gilia reproductive vigor. as a separate species based on hoffmannii (Eastwood 1940). Island rush-rose (Helianthemum differences in the nutlet hairs between Nevertheless, Jepson (1943) included greenei) was first described by Robinson it and Galium catalinense. the taxon in the description of Gilia as Helianthemum greenei in 1895 Galium buxifolium is a small, stout tenuiflora var. tenuiflora in his flora of (Abrams 1951). The type locality is woody shrub in the bedstraw California, as did Abrams (1951) in his described as ‘‘a dry summit near the () family. The plant grows to flora of the Pacific states. In 1959, Munz central part of the island of Santa Cruz’’ 12 decimeters (dm) (4 ft) in height, and renamed the varieties of tenuiflora as (Abrams 1951). This nomenclature has has swollen nodes bearing numerous subspecies, including ssp. hoffmannii been upheld in the most recent leafy branches. The leaves are larger (Munz and Keck 1973). This treatment for the genus (McClintock than those of most other Galium taxa, nomenclature has been upheld in the 1993). and have conspicuous lateral veins with latest treatment of the genus (Day 1993). Helianthemum greenei is a small stout hairs on the lower surface Of the four subspecies of Gilia shrub in the rock-rose (Cistaceae) (Dempster 1973). The relatively broad tenuiflora, the subspecies hoffmannii is family. The plant grows to 0.5 m (18 in) leaves and the tiny upward-curved hairs the only one that occurs in southern tall and has alternate leaves covered that cover the fruits are unique California. Two other Gilia species with star-shaped hairs. The reddish, characteristics that distinguish it from occur on Santa Rosa Island; Gilia glandular stalks support yellow-petalled the six other species of Galium that tenuiflora ssp. hoffmannii is flowers to 2.5 cm (1 in) wide. The fruit occur on the islands (Hochberg et al. distinguished from them by the is a pointed capsule 0.6 cm (0.25 in) 1980b). presence of arachnoid woolly long. A more abundant species found on A putative collection of Galium pubescence at the base of the stem. the islands, Helianthemum scoparium, buxifolium was made from the ‘‘Torrey Gilia tenuiflora ssp. hoffmannii is a is similar in appearance, but is not Pine grove, Santa Rosa Island,’’ in 1941 small, erect annual herb in the phlox glandular-hairy and has greenish stalks by Reid Moran; apparently this was a () family. The central and smaller fruits (Hochberg 1980b). misidentified collection of Galium stem grows 6 to 12 cm (2.4 to 4.7 in) tall, McMinn (1951) and later Thorne nuttallii (York, in litt. 1987). Therefore arising from a rosette of densely hairy, (1967) report seeing Helianthemum no known collections of this taxon are strap-shaped, short-lobed leaves. The greenei on San Miguel Island, but there known from Santa Rosa Island. Galium flowers are purplish and funnel-shaped are no collections in island herbaria buxifolium is currently known from below, widening to five pinkish corolla (Hochberg et al. 1980b, Wallace n.d.). Santa Cruz and San Miguel Islands lobes. Two collections of the plant were made where it occurs on north-facing sea Gilia tenuiflora ssp. hoffmannii has from Santa Rosa Island by Epling and cliffs. Eight populations occur on TNC only been collected from two locations Erickson and Dunn in the 1930’s lands on Santa Cruz Island. In 1980, on Santa Rosa Island. A collection was (Wallace 1985); however, no collections Hochberg et al. (1980b) noted that 2 of made by Reid Moran from the ‘‘arroyo on Santa Rosa Island have been made these populations comprised fewer than between Ranch and Carrington Point’’ in since that time, despite recent surveys. 50 individuals each, and the remaining 1941 (Rutherford and Thomas 1994); Helianthemum greenei was reported populations comprised less than 6 however, numerous surveys conducted from the northeast side of Black Jack individuals each. Two populations were in recent years have failed to relocate Mountain on Santa Catalina Island by located on San Miguel Island in 1993, the plant at this location. This location Thorne (1967) in 1966; no collections 1 comprising about 200 individuals, and most likely falls within the parcel of have been made since then, but a 1 comprising fewer than 10. Five other property, adjacent to the ranchhouse, population of three individuals was historical collections have been made that has been heavily disturbed by cattle recently reported from this location from the island, but none have been ranching operations. The only currently (Janet Takara, Catalina Island seen for almost 30 years. extant population occurs at the type Conservancy, pers. comm. 1994). The plant occurs on ‘‘bluffs and rocky locality near East Point on Santa Rosa Habitat for the plant on Santa Catalina slopes’’ (Dempster 1973) in coastal sage Island. Here, it occurs as a component Island is being grazed by goats, mule scrub and island pine forest. Threats to of dune scrub vegetation with sand deer, and bison, and is being rooted by Galium buxifolium are soil loss, habitat verbena (Abronia maritima), silver pigs. alteration, and predation caused by feral beach-weed (Ambrosia chamissonis), In addition to the one population on pig rooting and sheep grazing. Because saltgrass (Distichlis spicata), miniature Santa Catalina Island, Helianthemum of the small numbers of isolated lupine (Lupinus bicolor), plantain greenei is currently known from ten populations and individuals, the taxon (Plantago erecta), and sand-dune populations on Santa Cruz Island. The is also vulnerable to stochastic bluegrass ( douglasii) (T. Thomas, in taxon is found in open, exposed areas in extinction by such events as storms, litt. 1993). The population consists of chaparral, coastal sage scrub, and island drought, or fire. Small numbers of several hundred individuals and pine forest. In 1980, prior to sheep populations and individuals also make occupies an area of not more than 0.8 removal from TNC lands on Santa Cruz the taxon vulnerable to reduced hectares (2 acres). Threats to Gilia Island, Hochberg et al. (1980b) found reproductive vigor. tenuiflora ssp. hoffmannii are soil loss, that, of ten populations, only two Hoffmann’s slender-flowered gilia habitat alteration and predation caused comprised several dozen individuals, (Gilia tenuiflora var. hoffmannii) was by cattle grazing, and elk and deer and six others comprised less than six first described as Gilia hoffmannii by browsing. A sandy service road used by individuals. Hochberg et al. (1980b) Alice Eastwood in 1940 based on NPS and ranchers bisects the indicated that the plant is eliminated by collections made by Ralph Hoffmann population. Because the taxon is intense feral animal disturbance, and ‘‘in sandy soil at East Point’’ on Santa restricted to one population, it is also noted that the population recorded by Rosa Island ten years earlier (Eastwood vulnerable to stochastic extinction by Abrams and Wiggins in 1930 at Pelican 38000 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

Bay has not been relocated. The major Santa Cruz Island bushmallow numbers of isolated populations and threats to Helianthemum greenei are soil (Malacothamnus fasciculatus var. restricted number of individuals also loss, altered fire frequencies and nesioticus) was first described by James make the taxon vulnerable to reduced intensities, rooting by feral pigs, sheep W. Robinson as Malvastrum nesioticum reproductive vigor. grazing, and competition with other in Asa Gray’s Flora of North America in Santa Cruz Island malacothrix shrubs that have increased in cover due 1897, based on material collected by (Malacothrix indecora) was first to a release in grazing pressure. Because E.L. Greene in 1886 (Abrams 1951). described by E.L. Greene (1886) as of the small numbers of isolated Over the next four decades, the taxon Malacothrix indecora based on populations and individuals, the taxon was placed in several different genera, specimens collected from ‘‘islets close is also vulnerable to stochastic as Malacothamnus nesioticus by to the northern shore’’ of Santa Cruz extinction by such events as storms, Abrams, Sphaeralcea nesiotica and later Island (Smith 1976). In 1957, E. drought, or fire. Sphaeralcea fasciculata var. nesiotica Williams published the combination Island alumroot (Heuchera maxima) by Jepson, and Malvastrum Malacothrix foliosa var. indecora (Ferris was first described by E.L. Greene fasciculatum var. nesioticum by 1960); Munz (1974) subsequently (1886a) as Heuchera maxima based on McMinn (Kearney 1951). Kearney (1951) synonymized the taxon with Malcothrix collections from the ‘‘northward slope published the new combination foliosa. However, Ferris (1960) and of Santa Cruz Island.’’ This Malacothamnus fasciculatus var. others (Smith 1976, Davis 1980) nomenclature has been upheld in the nesioticus. In 1993, David Bates continued to recognize the taxon as a most recent treatment of the genus synonymized var. nesioticus, as well as separate species with the name (Elvander 1993). Heuchera maxima is a seven other taxa, with Malacothamnus Malacothrix indecora. This perennial herb in the saxifrage fasciculatus, a highly variable species nomenclature is upheld in the most (Saxifragaceae) family. The round basal ‘‘with many indistinct and intergrading recent treatment of the genus (Davis leaves are up to 7 cm (2.8 in) broad on local forms’’ (Bates 1993). Of var. 1993). long petioles up to 25 cm (10 in) in nesioticus, he notes that the taxon is Malacothrix indecora is an annual length. The flowering stalks are up to essentially indistinguishable from the herb in the aster () family. 6.1 dm (2 ft) long and scattered with mainland ‘‘var. nuttallii.’’ However, The 20 to 40 cm (8 to 16 in) tall stems small white-petaled flowers (Hochberg recent studies on the genetics of support numerous broadly lobed fleshy 1980b). No other Heuchera species Malacothamnus have determined that leaves with blunt tips. The greenish occurs on the islands; however, young var. nesioticus is a distinct variety yellow flowers are in hemispheric heads plants of Heuchera maxima could (Swenson et al. in prep.). surrounded by linear bracts (Hochberg resemble species of Jepsonia, Malacothamnus fasciculatus var. 1980b; Scott in Junak et al., in prep.). Lithophragma, or Saxifraga that occurs nesioticus is a small soft-woody shrub Two other annual species of on the islands. Heuchera maxima can in the mallow (Malvaceae) family. The Malacothrix occur on the same islands be distinguished from these other taxa plant reaches up to 2 m (6 ft) tall, and as Malacothrix indecora; however, the by its larger size at maturity, and has slender branches covered with star- achenes (seeds) of Malacothrix similis flowers with ten rather than shaped hairs. The palmately shaped are topped with 18 teeth and 1 bristle five. leaves are dark green on the upper and Malacothrix squalida is topped Heuchera maxima grows primarily on surface and gray on the lower surface. with irregular teeth and no bristle, moist, shady, north-facing canyon The rose-colored flowers are up to 3.75 whereas Malacothrix indecora has bottoms, walls, and seacliffs, but occurs cm (1.5 in) broad and scattered along neither of these features (Scott in Junak in a few interior localities as well. the ends of the branches (Hochberg et al. et al., in prep.). Collections of Heuchera maxima were 1980b). It is differentiated from the Collections of Malacothrix indecora made from Santa Rosa Island by mainland var. nuttallii by its bicolored were made from several locations along Hoffmann in 1929 and Dunkle in 1939; leaves and genetic distinction (Swenson the northeast shore of San Miguel Island however, locality information for these et al. in prep.). and on Prince Island by Greene, and collections is vague. More recently, the Malacothamnus fasciculatus var. later by Hoffmann (Hochberg et al. 1979; plant has been collected from four nesioticus is known from only two small Davis 1987). In 1978, Hochberg et al. locations on Santa Rosa Island (Cherry, populations on Santa Cruz Island where (1979) observed three populations; Lobos, Ranch, and Windmill Canyons) it occurs within a coastal sage scrub Halvorson et al. (1992) reported finding (Rutherford and Thomas 1994). community. One population of less than this species at one location during Heuchera maxima is also known from 50 individuals (10 clones) is located on surveys in 1988 and 1989, but no 11 locations on West Anacapa Island the west shore of the island near the collections were made to confirm (Rutherford and Thomas 1994; S. Junak, historic Christi Ranch. A second identification of the taxon. On Santa in litt. 1984). On Santa Cruz Island, 12 population was discovered in 1993 in Cruz Island, Malacothrix indecora was populations occur along the west half of the Central Valley near the University of first collected near Twin Harbor by the north shore. All populations California Field Station (Swensen et al. Williams in 1939 (Davis 1987); this observed by Hochberg et al. (1980b) on in prep.). Recent genetic analyses of the population has not been relocated. Santa Cruz Island comprised less than Central Valley population indicated Malacothrix indecora is currently 50 individuals each, and in some cases that, although there are 19 individual known from only one population comprised less than 6 individuals each. shrubs, they comprise only 3 genotypes, discovered by Junak in 1980 at Black Threats to Heuchera maxima are soil or 3 clones. Threats to Malacothamnus Point on the west end of Santa Cruz loss, habitat alteration and predation fasciculatus var. nesioticus are soil loss, Island. Several hundred individuals resulting from cattle grazing, feral pig habitat alteration and predation were observed there by Junak in 1985 in rooting, and elk and deer browsing. resulting from past sheep grazing and exposed coastal flats and associated Because of the small numbers of current feral pig rooting. Because of the with Santa Cruz Island buckwheat populations and individuals, the taxon small numbers of populations and (Eriogonum grande var. rubescens) and is also vulnerable to stochastic individuals, the plant is also vulnerable iceplant (Mesembryanthemum extinction by such events as storms, to stochastic extinction by such events nudiflorum) (CNDDB 1991). On a drought, or fire. as storms, drought, or fire. The small subsequent trip in 1989, only 50 plants Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38001 were observed in the same location (S. Malacothrix squalida are soil loss, Island, Phacelia insularis ssp. insularis Junak, pers. comm. 1994). Threats to habitat alteration and predation was collected by Hoffmann in 1930 and Malacothrix indecora are soil loss, resulting from sheep grazing, feral pig by Munz in 1932. It was not collected habitat alteration and predation rooting, and seabird nesting. Because of again until 1978, when four populations resulting from feral pig rooting and the small numbers of isolated were found (Hochberg et al. 1979). A seabird activity. Historic habitat for populations and individuals, the taxon fifth population was discovered by Malacothrix indecora on San Miguel is also vulnerable to stochastic Charles Drost on a bluff above Cuyler Island and Prince Island has been extinction by such events as storms, Harbor in 1984 (Halvorson et al. 1992). altered by seabird nesting activity. drought, or fire. The small numbers of Phacelia insularis ssp. insularis is found Because of the small numbers of isolated populations and restricted within the island grassland community populations and individuals, the taxon number of individuals also make the which is dominated by alien grasses, is also vulnerable to stochastic taxon vulnerable to reduced including slender wild oat (Avena extinction by such events as storms, reproductive vigor. barbata), wild oat (Avena fatua), ripgut drought, or fire. The small numbers of Island phacelia (Phacelia insularis (Bromus diandrus), and soft chess populations and restricted number of ssp. insularis) was first described by (Bromus hordeaceus), with scattered individuals also make the taxon Munz as Phacelia insularis in 1932 occurrences of native bunchgrasses, vulnerable to reduced reproductive based on plants growing ‘‘on sand dunes shrubs, and herbs (Hochberg et al. vigor. at northeastern part of Santa Rosa 1979). Threats to Phacelia insularis ssp. Island malacothrix (Malacothrix Island’’ (Munz 1932). Jepson published insularis are soil loss, habitat alteration squalida) was first described by E.L. the new combination Phacelia curvipes caused by cattle grazing and elk and Greene in 1886 from specimens var. insularis in 1943. After examining deer browsing. Because of the small collected above Prisoner’s Harbor on specimens from coastal northern numbers of populations and Santa Cruz Island (Davis, in litt. 1987). California and determining their affinity individuals, the plant is also vulnerable In 1957, E. Williams published the to the island plants, John Thomas to stochastic extinction by such events combination Malacothrix foliosa var. Howell re-elevated the taxon to specific as storms, drought, or fire. The small squalida; a year later, Roxana Ferris level, separating out the northern numbers of populations and restricted (1960) published the combination California plants as Phacelia insularis number of individuals also make the Malacothrix insularis var. squalida. In var. continentalis, leaving Phacelia taxon vulnerable to reduced 1959, Munz recognized the taxon as insularis var. insularis to refer to the reproductive vigor. Malacothrix squalida; however, 14 years island plants (Howell 1945). In 1951, Santa Cruz Island fringepod later, he synonymized it with M. foliosa Abrams, who did not have access to (Thysanocarpus conchuliferus) was first (Munz 1974). In a review of insular collections of Phacelia from northern described as Thysanocarpus species of Malacothrix, Davis (1980) California, included the taxon in the conchuliferus by E.L. Greene in 1886 recognized the taxon as Malacothrix description of Phacelia divaricata, a based on material he and Brandegee squalida. taxon common in southern California. collected where they found it ‘‘common Like Malacothrix indecora, In 1959, Munz published the new on mossy shelves and crevices of high Malacothrix squalida is an annual herb combination Phacelia divaricata var. rocky summits and northward slopes’’ in the aster family. However, the plant insularis (Constance 1979). Lincoln on Santa Cruz Island (Greene 1886b). only reaches 9 cm (3.5 in) tall, and has Constance agreed with Howell’s Four decades later, Jepson published the linear to widely lanceolate leaves that interpretation and has referred to the new combination Thysanocarpus are irregularly toothed or lobed. The taxon as Phacelia insularis var. insularis laciniatus var. conchuliferus as one of light yellow flowers are clustered in (Constance 1979). This nomenclature three varieties of Thysanocarpus hemispheric heads 12 to 15 millimeters has been upheld in the latest treatment laciniatus (Jepson 1925). Abrams re- (mm) (0.5 to 0.6 in) long. Malacothrix of the genus (Wilken et al. 1993). elevated the taxon to species status in indecora is the only other annual Phacelia insularis ssp. insularis is a 1944. Munz, however, republished the Malacothrix that occurs on the same decumbent (reclining), branched annual taxon as one of six varieties of T. island as M. squalida; however, the of the waterleaf (Hydrophyllaceae) laciniatus in 1959 (Munz and Keck latter is a much larger species, and also family. The short-hairy and glandular 1973). In the most recent treatment of differs in the achene characteristics stems grow to 1.5 dm (6 in) high from the genus, Reed C. Rollins re-elevated previously mentioned (Scott in Junak et a basal rosette of leaves. The small the taxon to species status (Rollins al., in prep.). lavender to violet, bell-shaped flowers 1993). Malacothrix squalida has been are borne in loose cymes. The other Thysanocarpus conchuliferus is a collected from two locations along the variety of Phacelia insularis, the variety small delicate annual herb in the north shore of Santa Cruz Island; Greene continentalis, is found on the mainland mustard (Brassicaceae) family. The one collected it near Prisoner’s Harbor in of northern California. Phacelia to several branches grow 5 to 12.7 cm 1886, but the species was not seen on insularis var. insularis can be (2 to 5 in) high. The narrow, linearly the island again until Philbrick and distinguished from the other species of lobed leaves alternate along the stems, Benedict collected it in 1968 near Potato Phacelia on the islands based on the which terminate in a raceme of minute Harbor (Rutherford and Thomas 1994). hastate leaf shape with basal lobes. The pink to lavender flowers. While all On Middle Anacapa Island, the plant other Phacelia have pinnately divided members of this genus have round, was first collected by Martin Piehl in or undivided but ovate leaves. flattened fruits that are fringed with 1963, and more recently in 1978 and Phacelia insularis ssp. insularis wings, Thysanocarpus conchuliferus is 1986. The plant is known from several occurs on Santa Rosa Island and San the only species with a bowl-shaped small colonies atop coastal bluffs on the Miguel Island. However, the last fruit; this taxon is also smaller in stature east end of the island. Surveys by Junak collections from Santa Rosa Island were than T. lacianatus, which occurs in the and Davis in 1989 failed to find any made by Clifton Smith at Carrington same habitat (Rutherford and Thomas individuals; however, this may have Point in 1973; the plant has not been 1994). been the result of a drought year (S. observed on the island since then In 1932, Ralph Hoffmann reported Junak, pers. comm. 1994). Threats to despite recent searches. On San Miguel that Thysanocarpus conchuliferus was 38002 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

‘‘frequent. . . from the north shore to the Service published a proposal in the previous Notice of Review. the southwest portion of the island’’ Federal Register (42 FR 24523) to Arctostaphylos confertiflora, Castilleja (Hochberg et al. 1980a). A total of 14 determine approximately 1,700 vascular mollis, Dudleya blochmaniae ssp. historical locations are known from plant species to be endangered species insularis, Dudleya nesiotica, Galium herbarium records. In 1980, eight of pursuant to section 4 of the Act. buxifolium, Gilia tenuiflora ssp. these populations were relocated Dudleya nesiotica was included in the hoffmannii, Helianthemum greenei, (Hochberg et al. 1980b); in 1991, June 16, 1976, Federal Register Heuchera maxima, Berberis pinnata individuals were found at six of these document. ssp. insularis, Malacothamnus locations, and none were found at five General comments received in fasciculatus, Phacelia insularis var. other locations (Klinger 1994b). In 1993, relation to the 1976 proposal were insularis, and Thysanocarpus no individuals were found at any of the summarized in an April 26, 1978, conchuliferus were included as Category 14 known locations. Survey reports Federal Register publication (43 FR 2 candidates. Malacothrix indecora was indicate that, in addition to abundant 17909). The Endangered Species Act included in the February 21, 1990, rainfall that may have increased Amendments of 1978 required that all notice for the first time as a Category 2 competition from alien grasses, rooting proposals over 2 years old be candidate. by feral pigs was observed at all 14 withdrawn. A 1-year grace period was The plant notice was revised on locations (Klinger 1994b). given to those proposals already more September 30, 1993 (58 FR 51144). In Thysanocarpus conchuliferus occurs than 2 years old. In the December 10, this notice, Arabis hoffmannii, on rocky outcrops on ridges and canyon 1979, Federal Register (44 FR 70796), Arctostaphylos confertiflora, Castilleja slopes, and is associated with a variety the Service published a notice of mollis, Dudleya blochmaniae ssp. of herbs, ferns, grasses, dudleya, and withdrawal of the portion of the June 6, insularis, Galium buxifolium, Gilia Selaginella (Santa Barbara Botanical 1976, proposal that had not been made tenuiflora ssp. hoffmannii, Berberis Garden 1994). Threats to Thysanocarpus final, along with four other proposals pinnata ssp. insularis, Malacothamnus conchuliferus are soil loss, habitat that had expired. fasciculatus var. nesioticus, Malacothrix alteration and predation resulting from The Service published an updated indecora, Phacelia insularis var. feral pig rooting. In favorable years, notice of review for plants on December insularis, and Thysanocarpus competition with luxuriant alien grasses 15, 1980 (45 FR 82480). This notice conchuliferus were included as Category may also constitute a threat (Klinger included Arabis hoffmannii, Castilleja 1 candidates. Dudleya nesiotica, 1994b). Because of the small numbers of mollis, Dudleya blochmaniae ssp. Helianthemum greenei, and Heuchera isolated populations and individuals, insularis, Dudleya nesiotica, and maxima were included as Category 2 the plant is also vulnerable to stochastic Malacothamus fasciculatus var. candidates; Malacothrix squalida was extinction by such events as storms, nesiotica as Category 1 taxa. Category 1 included for the first time as a Category drought, landslide, or fire. The small taxa are those for which the Service has 2 candidate. Dudleya nesiotica, numbers of populations and restricted on file substantial information on Helianthemum greenei, Heuchera number of individuals also make the biological vulnerability and threats to maxima, and Malacothrix squalida are taxon vulnerable to reduced support preparation of listing proposals. being included in this proposal based reproductive vigor. Arctostaphylos confertiflora and Galium on a more thorough review of existing buxifolium were included as Category 2 information, and additional information Previous Federal Action taxa. Category 2 taxa are those for which that was brought to the attention of the Federal action on these plants began data in the Service’s possession indicate Service by Steve Junak, botanist at Santa as a result of section 12 of the listing is possibly appropriate, but for Barbara Botanic Garden. Dudleya sp. Endangered Species Act of 1973, which which substantial data on biological nov. ‘‘East Point’’ is being included in directed the Secretary of the vulnerability and threats are not this proposal on the basis of new Smithsonian Institution to prepare a currently known or on file to support published information concerning its report on those plants considered to be proposed rules. On November 28, 1983, distinctness as a taxon and a review of endangered, threatened, or extinct in the the Service published in the Federal existing biological information that United States. This report, designated as Register a supplement to the Notice of indicates the species should be elevated House Document No. 94–51, was Review (48 FR 53640), in which Arabis to Category 1 status and that listing is presented to Congress on January 9, hoffmannii was listed as a Category 1* warranted. 1975. In that document, Arabis taxon, the asterisk indicating that the Section 4(b)(3)(B) of the Act requires hoffmannii, Castilleja mollis, Dudleya species is believed to be extinct. In the the Secretary to make certain findings blochmaniae ssp. insularis, Galium same notice, Castilleja mollis, Dudleya on pending petitions within 12 months buxifolium, Gilia tenuiflora ssp. blochmaniae ssp. insularis, Dudleya of their receipt. Section 2(b)(1) of the hofmannii, and Berberis pinnata ssp. nesiotica, Helianthemum greenei, 1982 amendments further requires that insularis were considered to be Heuchera maxima, Berberis pinnata all petitions pending on October 13, endangered, and Dudleya nesiotica and ssp. insularis, Malacothamnus 1982, be treated as having been newly Malacothamnus fasciculatus var. fasciculatus, Phacelia insularis var. submitted on that date. This was the nesiotica (as Malacothamnus insularis, and Thysanocarpus case for Arabis hoffmannii, Castilleja fasciculatus) were considered to be conchuliferus were included as Category mollis, Dudleya blochmaniae ssp. threatened. The Service published a 2 candidates. insularis, Dudleya nesiotica, Galium notice in the July 1, 1975, Federal The plant notice was revised again on buxifolium, Gilia tenuiflora ssp. Register (40 FR 27823) of its acceptance September 27, 1985 (50 FR 39526). In hoffmannii, Berberis pinnata ssp. of the report of the Smithsonian that notice, all taxa maintained their insularis, and Malacothamnus Institution as a petition within the previous status. On February 21, 1990 fasciculatus var. nesioticus because the context of section 4(c)(2) (petition (55 FR 6184), the plant notice was again 1975 Smithsonian report had been provisions are now found in section revised. In this notice, Arabis accepted as a petition. On October 13, 4(b)(3) of the Act) and its intention hoffmannii was included as a Category 1983, the Service found that the thereby to review the status of the plant 1 candidate, as individuals of this taxon petitioned listing of these species was taxa named therein. On June 16, 1976, had been rediscovered since the warranted, but precluded by other Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38003 pending listing actions, in accordance documented from sediment and pollen contributing factor in such devastation’’ with section 4(b)(3)(B)(iii) of the Act; records in a soil core dating back 5,200 (Hochberg et al. 1980a). notification of this finding was years from the Old Ranch Canyon marsh The importance of in published on January 20, 1984 (49 FR on eastern Santa Rosa Island (Cole maintaining habitat for the proposed 2485). Such a finding requires the 1994). Rates of sedimentation prior to taxa is found not only in their physical petition to be recycled, pursuant to the introduction of livestock averaged 9 properties, but in their biotic properties section 4(b)(3)(C)(i) of the Act. The mm/year (yr) (0.35 in/yr), increasing to as well. Healthy soils play host to a finding was reviewed in October of 58 mm/yr (2.28 in/yr) after the complex matrix of soil organisms, 1984, 1985, 1986, 1987, 1988, 1989, introduction of grazing (Cole 1994). including fragile microbial components, 1990, 1991, 1992, and 1993. Publication Pollen records demonstrate that the that assist in such processes as water- of this proposal constitutes the conversion of brushland to grassland holding capacity, soil fertility, and warranted finding for these species, as occured with the onset of ranching in nutrient cycling. These processes have well as for Arctostaphylos confertiflora, the early 1800’s. This change in been adversely affected by the activities Helianthemum greenei, Heuchera vegetation is reflected by an increased of alien mammals. For instance, the loss maxima, Malacothrix indecora, abundance of grass pollen, a decrease in of leaf litter from trampling and rooting Malacothrix squalida, Phacelia insularis pollen from the mint and pea families, changes soil temperatures, increases the var. insularis, and Thysanocarpus and a massive increase in sediment loss of moisture, reduces the humus conchuliferus. (Cole 1994). The potential for large layers, and results in a reduced soil sediment loads is also illustrated by the fauna (Bennett 1993). The breakdown of Summary of Factors Affecting the organic material, transport of fungal Species recent attempts to stabilize soils at Johnson’s Lee on the south side of Santa spores, and nutrient recycling have been Section 4 of the Endangered Species Rosa Island; rice straw wattles placed documented for soil mites on Santa Act (16 U.S.C. 1531 et seq.) and along hillside contours trapped large Catalina Island (Bennett 1993). Soil mite regulations (50 CFR part 424) volumes of sediment after only one diversity decreased with increased promulgated to implement the listing season of rains (Sellgren 1994). disturbance, creating impoverished provisions of the Act set forth the nutrient levels in the soil (Bennett A comparison of historical procedures for adding species to the 1993). A feature of arid-land soils descriptions of island vegetation with Federal lists. A species may be (typical of the island soils) is the determined to be an endangered or current conditions indicates that large- presence of a cyanobacterial- threatened species due to one or more scale alteration of habitats caused by crust that facilitates stabilization of of the five factors described in section large numbers of non-native mammals steep slopes and nutrient cycling 4(a)(1). These factors and their on the islands resulted in significant (Belnap 1994). The crusts are extremely application to Arabis hoffmannii loss of soils as well as changes in plant brittle during the dry summer months (Munz) Roll., Arctostaphylos communities in terms of structural and can be eliminated by the shattering confertiflora Eastw., Berberis pinnata composition, species richness, species influences of trampling by non-native Lag. ssp. insularis Munz, Castilleja composition, and absolute cover. In herbivores (Belnap 1994). The historic mollis Penn., Dudleya blochmaniae 1883, Thompson and West described and current presence of non-native (Eastw.) Moran ssp. insularis (Moran) the effects of sheep grazing on Santa herbivores and pigs has reduced leaf Moran, Dudleya nesiotica (Moran) Cruz Island: ‘‘The island becomes at litter and compacted and degraded the Moran, Dudleya sp. nov. ‘‘East Point’’ some times overstocked, and may be soil structure, resulting in accelerated (S. McCabe), Galium buxifolium E. said to be in that condition much of the rates of erosion (Klinger et al. 1994, Greene, Gilia tenuiflora Benth. ssp. time. The result is that the grasses, being Nishida 1994). hoffmannii (Eastw.) A.& V. Grant, cropped so close, die out, and allow the Even after the agents that initiated Helianthemum greenei Rob., Heuchera loosened soil to be removed by wind erosion have been removed, loss of soils maxima E. Greene, Malacothamnus and rain’’ (Hochberg et al. 1980a). continues (Clark et al. 1990, Halvorson fasciculatus (Nutt.) E. Greene ssp. However, at that time, vegetation 1993). Because both the biotic and nesioticus (Rob.) Kearn., Malacothrix elsewhere on the island was still physical properties of the soils have indecora E. Greene, Malacothrix relatively intact; Greene described been degraded or lost altogether, the squalida E. Greene, Phacelia insularis mixed forests of large-leaved maple soils that remain behind provide poor Munz var. insularis, and Thysanocarpus (Acer macrophyllum), live oak (Quercus conditions for seedlings to germinate conchuliferus E. Greene are as follows: agrifolia), black cottonwood (Populus and establish. On Santa Rosa Island, a trichocarpa), and willow (Salix grove of island oaks (Quercus A. The Present or Threatened laevigata) thriving in the canyons tomentella), a Category 2 candidate for Destruction, Modification, or (Hochberg et al. 1980a). Another Federal listing, has shown few signs of Curtailment of Its Habitat or Range account was given by Delphine regeneration on soils severely affected The single most important loss of Adelaide Caire in 1933, who reflected by erosion even after an exclosure was resources to insular ecosystems is the on the conditions of Santa Cruz Island: built to eliminate cattle, elk, and deer loss of soils, as the soils are the ‘‘Its present natural beauty does not (Danielsen 1989a, 1989b). All 16 taxa in foundation for the unique island come up to that of the past. The bed of this proposed rule are threatened with ecosystems and the insular endemic the stream that skirts the Main Ranch on habitat instability due to the loss and species found within them. This loss of its way from Pacacho Diablo was much degradation of soils on all islands. soils is the result of historic grazing and narrower than it is today; mountain Several historic accounts include browsing by sheep, goat, cattle, deer, slopes were heavily wooded and specific references to the abundance and elk, and bison, and rooting by pigs on centuries-old oaks were numerous. In distribution of several of the proposed the various islands starting in the early the course of years, rains have taxa, which can be compared to current 1800’s, and in certain cases, continuing accomplished their ruinous work, abundance and distribution today. carrying off a great amount of topsoil, information. In a letter to Hoffmann in The increased loss of soils and the the innumerable trails cut by sharp 1932 concerning Berberis pinnata ssp. resulting change in vegetation have been sheep trotters having been a insularis, Munz remarked that, 38004 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

‘‘Brandegee says of B. pinnata, that it is habitat for Malacothrix indecora has in this proposal. In addition to ‘common’ on S.C.’’ (S. Junak, in litt. likely been affected. modifying habitat through altering the 1994); Berberis pinnata ssp. insularis is Compaction of soils and crushing of structure and composition of plant currently known from three small plants resulting from vehicle traffic is a communities, altering hydrologic and populations. In 1890, Brandegee wrote potential threat to three of the proposed soil characteristics, and increasing the that Heuchera maxima was ‘‘not taxa on Santa Rosa Island: Dudleya potential for erosion as discussed under uncommon throughout Santa Cruz blochmaniae ssp. insularis, Dudleya sp. Factor A, non-native mammals also Island’’ (Hochberg et al. 1980a); it is nov. ‘‘East Point,’’ and Gilia tenuiflora affect the proposed plant taxa through currently reduced to 12 populations on ssp. hoffmannii. Populations of all three direct herbivory. The effects of that island, and 11 populations on West taxa occur at sites where vehicles were defoliation on plants include decreased Anacapa Island. Apparently, historically or are currently used. The aboveground biomass, fewer stems, less Malacothamnus fasciculatus var. only known population of Gilia seed, reduced height of leaves and nesioticus was already rare by the turn tenuiflora ssp. hoffmannii is bisected by stems, decreased root biomass, reduced of the century; Greene wrote that the a road. root length, decreased carbohydrate plant was ‘‘rare; only two bushes seen, B. Overutilization for Commercial, reserves, and reduced vigor (Heady in and these under the protection of large Recreational, Scientific, or Educational Willoughby 1986). The effects of grazing animals on opuntias; perhaps thus kept from the Purposes sheep’’ (Hochberg et al. 1980a). plants can be demonstrated by studies Unrestricted collecting for scientific Seabirds have altered historic habitat on oaks and pines on the Channel or horticultural purposes and excessive for Malacothrix indecora on San Miguel Islands. On Santa Cruz Island, oak visits by individuals interested in seeing groves are more numerous and in better Island and Prince Island, and known rare plants constitutes a potential threat sites for Malacothrix squalida on condition than those on Santa Rosa to certain of the taxa in this proposal. Island, but still show no signs of Anacapa Island. CINP has been In particular, the collection of whole monitoring certain seabirds, including recruitment due to pig rooting. A recent plants or reproductive parts of those comparison of fenced and unfenced the double-crested cormorant annual or herbaceous perennial taxa (Phalacrocorax auritus), the pelagic sites under live oak (Quercus agrifolia) with fewer than 100 individuals, tree canopies showed a significant cormorant (Phalacrocorax pelagicus), including Arabis hoffmannii, Berberis the federally endangered brown pelican number of oak seedlings within the pinnata ssp. insularis, Malacothamnus fenced sites (Peart et al. 1994). On Santa (Pelecanus occidentalis), the western fasciculatus var. nesioticus, Malacothrix Cruz Island, the removal of feral sheep gull (Larus occidentalis), and Cassin’s indecora, Malacothrix squalida, and has been credited with allowing the auklet (Ptychoramphus aleuticus), on Thysanocarpus conchuliferus, could reestablishment of native woody islands within CINP since 1985. Many adversely affect the genetic viability and perennials including the Bishop pine of these bird species experienced severe survival of those taxa. In the (Pinus muricata) (Wehtje 1994). On population declines in the late 1960’s horticultural trade, Dudleya species Santa Rosa Island, the Bishop pine and early 1970’s as a result of DDT- have, in particular, been favorite continues to display low recruitment related reproductive failures (Ingram collection items. Dudleya sp. nov. ‘‘East and high older-tree mortality caused by 1994). However, monitoring results Point’’ was collected and introduced deer browsing, placing the population indicate that populations of most of into the horticultural trade long ago as ‘‘at risk’’ (of extirpation) under present these birds have increased over the past ‘‘white sprite.’’ Dudleya blochmaniae conditions (Viers and Halvorson 1994). decade. Seabirds use local vegetation to ssp. insularis and Dudleya nesiotica, The Santa Cruz Island ironwood construct nests on cliff and blufftop though not in the trade, have been (Lyonothamnus floribundus ssp. sites, create localized soil disturbances cultivated by Dudleya enthusiasts. The asplenifolius), a Category 2 candidate that facilitate establishment of alien limited distribution of these three taxa for Federal listing, is similarly lacking plant species, and promote erosion of makes them vulnerable to such in recruitment on Santa Rosa Island. coastal bluffs. Seabird activity has been enthusiasts. Heuchera maxima is also Clark et al. (1990) noted that most noted on Middle Anacapa Island within found in cultivation; the threat of individuals of Santa Rosa Island habitat for Malacothrix squalida (S. collection for this taxon is unknown. manzanita suffer from severe browsing Junak, pers. comm. 1994). by elk and deer. The shape of individual C. Disease or Predation In 1990, seabirds on Prince Island shrubs has been modified as a result of included 10,000 Cassin’s auklets and In 1875, when sheep stocking on browsing. Short-statured shrubs have 240 double-crested cormorants (Ingram Santa Cruz Island was around 50,000 been hedged to the point that they do 1994); other seabirds that nest on the head, botanist J.T. Rothrock reported not grow above a certain height; in island but were not monitored include that the island was so overgrazed that shrubs that attained a taller stature the ashy storm-petrel (Oceanodroma ‘‘it was with difficulty that I could get before browsing pressure became severe, homochroa), Leach’s storm-petrel even a decent botanical specimen’’ all lower limbs and leaves have been (Oceanodroma lencorhoa), Brandt’s (Hobbs 1983). Although sheep grazing stripped, resulting in a ‘‘lollipop’’ or cormorant (Phalacrocorax penicillatus), has been removed as a current threat, tree-shaped shrub. Apparently, the pelagic cormorant, brown pelican, the decades of overgrazing by sheep browsing pressure on Santa Rosa Island western gull, pigeon guillemot (Cepphus have had long-term effects in reducing manzanita has affected its ability to columba), and Xantus’ murrelet the reproductive capabilities and reproduce; Clark reported not seeing a (Synthliboramphus hypoleuca). Due to distribution of many of the taxa single seedling during a survey in 1988 the degree of protection afforded this included in this proposal. A review of (Ronilee Clark, ecologist, California Park nesting activity by CINP, surveys for literature pertinent to effects of sheep on Service, pers. comm. 1994). Malacothrix indecora within historic island vegetation is included in The widespread effects of grazing on habitat have not been done since the Hochberg et al. (1980a). Feral pigs, feral island vegetation have been illustrated taxon was last seen there in 1978. Given goats, sheep, deer, elk, horses, and bison through the above examples; similar the size of the island (24 hectares (60 currently occur in habitats that support effects on the proposed taxa are acres)) and the number of nesting birds, populations of most of the taxa included inferred. However, specific examples of Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38005 browsing or grazing by alien mammals properties may favor the recovery of populations of the taxa in this proposal on certain proposed taxa have been certain species over others once grazing include most of Santa Cruz Island, 90 observed, including Castilleja mollis, has been eliminated. If ecosystem percent of which is owned by TNC; the Gilia tenuiflora ssp. hoffmannii, Arabis processes have been reduced or remaining 10 percent is owned jointly hoffmannii, and Thysanocarpus eliminated through heavy and/or long- by NPS and a private landowner. On conchuliferus. In 1993, perhaps as much term grazing, pre-grazing conditions Santa Catalina Island, habitat for as 20 percent of the Carrington Point may never be attained during the Helianthemum greenei occurs on land populations of Castilleja mollis were recovery process. The effects of the managed by the Catalina Conservancy, a consumed by deer. Individual plants removal of grazing from the proposed private conservancy owned by the were excavated, leaving depressions in taxa are unknown. While populations of Catalina Island Company. In general, the sandy soils where plants had been other island taxa have increased once these State regulatory mechanisms observed five months earlier (Sarah grazing pressure has been removed would not likely be invoked, because Chaney, CINP, pers. comm. 1993). (Peart et al. 1994, Wehtje 1994), other major changes in land use, such as Grazing can completely eliminate taxa, such as the insular form of Torrey development projects, are not likely to plants and prevent the supplement of pine (Pinus torreyana), may decrease be proposed on these properties. seed to the seed bank. Of the six with a reduction in grazing pressure Furthermore, without such proposed collections of Gilia in the herbarium at (Viers and Halvorson 1994). Junak changes in land use, the State is the Santa Barbara Botanic Garden, only observed that after sheep were removed unlikely to take regulatory action over two collections made during April 1941 in 1989, Helianthemum greenei ongoing activities, such as cattle, sheep, show no signs of browsing. The populations increased in size for several goat, and bison grazing, and deer remaining four collections were made years, most likely in response to the browsing. between the months of May and June release of grazing pressure. However, The California Fish and Game between 1963 and 1978, and all show with grazing pressure removed, other Commission (Commission) also signs of having been browsed shrub taxa also increased in cover, regulates hunting on private and public (Rutherford and Thomas, in litt. 1994). leading to increased competition for lands by issuing permits for the take of In 1993, Thomas visited the Gilia resources, and a subsequent decline in a specified number of animals and population twice; during the first visit Helianthemum greenei population sizes taking measures to manage herd sizes. in April, the Gilia had not been (S. Junak, pers. comm. 1994). The Commission issues permits for deer browsed, but by the second visit in May, Diseases are not specifically known to hunting on Santa Catalina Island. In the Gilia had been browsed (Thomas, in threaten any of the taxa included in this 1993, the Commission issued 300 tags litt. 1993). In response to such browsing, proposal. for deer hunting on the island; due to the annual Gilia forms multiple side an increasing herd size, the Commission D. The Inadequacy of Existing branches; an individual plant may may grant a request from the Catalina Regulatory Mechanisms produce a greater number of flowers, but Island Company to issue a larger this does not necessarily increase the Under the Native Plant Protection Act number of tags in 1994 (Ken Mayer, fecundity of the plant (Painter and (sec. 1900 et seq. of the Fish and Game California Department of Fish and Game Belsky 1993). Flowers produced later in Code) and the California Endangered (CDFG), pers. comm. 1994). Pigs are the season out of synchrony with Species Act (sec. 2050 et seq.), the considered livestock if they are fenced pollinator activity lowers seed California Fish and Game Commission or marked, but considered wild game if productivity. has listed Dudleya nesiotica and Galium they are unfenced and unmarked. The The Nature Conservancy has been buxifolium as rare and Berberis pinnata Catalina Island Company has entered monitoring population sizes for Arabis ssp. insularis and Malacothamnus into a Memorandum of Understanding hoffmannii on Santa Cruz Island since fasciculatus ssp. nesiotica as (MOU) with CDFG to allow eradication 1990. In 1993, only 19 individuals were endangered. The remaining taxa of feral pigs on Catalina Island (Mayer, observed in the Centinela population; included in this listing proposal, pers. comm. 1994). A similar MOU this represented a net loss of 13 excepting Dudleya sp. nov. ‘‘East between CDFG and TNC exists for the individuals from the previous year, with Point,’’ are on List 1B of the California removal of pigs from Santa Cruz Island. mortality of 9 of those plants ‘‘directly Native Plant Society’s Inventory (Smith Bison, which occur on Santa Catalina attributed to pig rooting’’ (Klinger and Berg 1988), indicating that, in Island, are considered livestock and 1994a). Pigs also ‘‘rooted up entirely’’ 6 accordance with sec. 1901, chapter 10 of therefore not regulated by any agency. out of 14 populations of Thysanocarpus the California Department of Fish and Apparently, the Commission has no conchuliferus that were monitored in Game Code, they are eligible for State regulatory authority over hunting or 1993 (Klinger 1994b). listing. Though both the Native Plant herd size of deer and elk on Santa Rosa All of the taxa included in this Protection Act and the California Island, because these ungulates were proposal, with the exception of Berberis Endangered Species Act prohibit the originally transported there under a pinnata ssp. insularis, have populations ‘‘take’’ of State-listed plants (sec. 1908 game breeder’s permit in the early that are subject to predation by one or and sec. 2080 of the Fish and Game 1900’s. more non-native mammals. Apparently, Code), State law appears to exempt the Several Federal laws, Department of the roots of Berberis species are often destruction of such plants via habitat the Interior policies, and National Park toxic (Williams 1993), making modification or land use change by the Service policies and guidelines apply to consumption by feral pigs unlikely. landowner. After the California the management of NPS lands. These The response of plant communities to Department of Fish and Game notifies a laws and guidelines include the the removal of grazing depends in part landowner that a State-listed plant National Environmental Policy Act on the degree of disturbance that has grows on his or her property, State law (NEPA), the Endangered Species Act, already been caused by grazing. Lightly requires only that the landowner notify NPS guidelines for natural resources grazed areas may return to pregrazing the agency ‘‘at least 10 days in advance management (NPS 1991), and the CINP conditions more quickly. In areas that of changing the land use to allow Statement for Management (NPS 1985). have been more heavily grazed, the loss salvage of such plant’’ (sec. 1913). The 1980 Congressional legislation of soils and their physical and biotic Privately owned lands that support enabling purchase of Santa Rosa Island 38006 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules as a national park from the Vail and range management plan. Currently, the island group (Hochberg et al. 1979, Vickers Company stated that the owner condition of the vegetation on Santa Halvorson et al. 1987). Displacement of ‘‘may retain for himself a right of use Rosa Island is monitored by assessing native habitats and species has been a and occupancy of all or such portion of the residual dry matter of grassland concern for the natural resource the property as the owner may elect for vegetation, which is composed managers on the islands. a definite term of not more than twenty- primarily of non-native species (NPS Fennel (Foeniculum vulgare) has five years, or ending at the death of the 1993). apparently become widespread since owner, or his spouse, whichever is later. San Miguel Island and adjacent Prince the removal of sheep from Santa Cruz The owner shall elect the term to be Island (a small islet) are under the Island. Fennel was noticed as a pest reserved. Any such right retained jurisdiction of the Department of the species prior to the removal of sheep as pursuant to this subsection with respect Navy (Navy), but NPS assists in the reported in Hobbs (1983). Sheep kept to any property shall be subject to management of natural, historic, and the plant from growing to its full height termination by the Secretary upon his scientific values of San Miguel Island of 2 m (6 ft); since their removal, the determination that such property is through a Memorandum of Agreement plant has ‘‘appeared’’ over large areas of being used for any purpose which is (MOA) originally signed in 1963, an the island. Several papers were incompatible with the administration of amendment signed in 1976, and a presented at a recent (1994) symposium the park, or with the preservation of the supplemental Interagency Agreement on techniques used to control fennel resources therein, and it shall terminate (IA) signed in 1985. The MOA states (Brenton and Klinger 1994, Dash and by operation of law upon notification by that the ‘‘paramount use of the islands Gliessman 1994, Gliessman 1994), the Secretary to the holder of the right and their environs shall be for the which, when left unchecked, of such determination and tendering to purpose of a missile test range, and all completely dominates the habitats it him the amount equal to the fair market activities conducted by or in behalf of occupies to the exclusion of other value of that portion which remains the Department of the Interior on such species. Fennel apparently contains a unexpired’’ (Public Law 96–199, 94 Stat. islands, shall recognize the priority of chemical that prevents other species 67, March 5, 1980). The legislation also such use’’ (Department of the Navy from competing for occupied sites directed the Secretary to complete a 1963). In addition to San Miguel Island, (Gliessman 1994). natural resources study within two four other islands including Anacapa, Incidental introductions of seed to the years that would supply an inventory of Santa Barbara, Santa Cruz, and Santa Channel Islands occur constantly; all terrestrial and marine species, Rosa lie wholly within the Navy’s sources include wind-blown seed from indicating their population dynamics, Pacific Missile Test Center (PMTC) Sea the mainland, introductions from and probable trends as to future Test Range. The 1985 IA provides for restocking non-native animals, and numbers and welfare, and to PMTC to have access and use of operational equipment (vehicles and recommend action that should be portions of those islands, for construction materials). Deliberate adopted to better protect the natural expeditious processing of any necessary introductions of seed also occur; during resources of the park. permits by NPS, and for mitigation of the 1960’s, one pilot recalled scattering Under this legislation, the former damage of park resources from any such bags of commercial wildflower and owners, the Vail and Vickers Company, activity (Department of the Navy 1985). grass seed on most of the northern chose to retain the rights to occupy 3.1 Should the Navy no longer require use Channel Islands (Rutherford, in litt. hectares (7.6 acres), to continue the of the islands, NPS would seek 1994). When new introductions and cattle ranching operation, and to authorization for the islands to be established seed sources occur in areas continue a commercial deer and elk preserved and protected as units within with consistent disturbance resulting hunting operation. To allow such the NPS system (Department of the from grazing, browsing, and rooting by continued use, NPS issues Special Use Navy 1976). To date, conflicts non-native mammals, the invasions can Permits (SUP) for five-year terms. The concerning protection of sensitive become overwhelming. These invasive first SUP that was issued to Vail and resources on San Miguel Island have not species have a high probability of Vickers Company included a condition occurred; however, protection and preventing recruitment and causing that a range management plan be management for the three proposed taxa habitat displacement of all taxa in this developed within five years. The plan, that occur on the island, Galium proposed rule. TNC acquired nine-tenths of Santa however, does not address protection of buxifolium, Malacothrix squalida, and Cruz Island from the previous the proposed taxa (USFWS 1991, 1992, Phacelia insularis ssp. insularis, have landowner in 1987. TNC’s general goals 1993). Due to unresolved NEPA issues not been addressed, leaving in question for preserve management include the (the apparent need to prepare an which agency has ultimate preservation, protection, restoration, Environmental Impact Statement for the responsibility to do so. first SUP), the Record of Decision for the and understanding of the natural document has not been signed. E. Other Natural or Manmade Factors resources (Rob Klinger, TNC, Santa Cruz In a recent review of the range Affecting Its Continued Existence Island, pers. comm. 1994). Although a management plan, the Service found Several species of non-native specific management plan for the Santa that measuring residual dry matter, the aggressive plant species are considered Cruz Island Preserve has not been proposed means of determining problematic invaders, including developed, certain management appropriate stocking rates, is inadequate Australian fireweed (Erechtites activities have already been undertaken. to monitor other indicators of ecosystem glomerata), several species of iceplant These activities include long-term health, including composition and (Carpobrotus spp., Mesembryanthemum monitoring of specific plant diversity of species, and the condition spp.), several thistle species (Centaurea communities and rare plant of candidate plant species (USFWS spp., Cirsium spp., Silybum sp.), populations; trial programs in feral pig 1993). The monitoring of sensitive German ivy (Senecio mikanoides), hoary removal, herbicide treatment of alien resources within grazed areas is cress (Cardaria draba), and Russian plant species, and controlled burns in commonly recommended (NPS 1991, thistle (Salsola iberica). Over 180 grassland and island pine communities; Ruyle 1987, Willoughby 1986), but in species of non-native plant species have and research on specific species, and this case has not been included in the been documented from the northern response of plant communities to Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38007 removal of non-native mammals. A five- Galium buxifolium, Helianthemum age, and the establishment of new year trial feral pig removal program was greenei, Malacothamnus fasciculatus individuals is completely lacking. The successful in removing all but a few pigs var. nesioticus, Malacothrix indecora, effects of browsing animals on critical from a 2,400-hectare (6,000-acre) Malacothrix squalida, Phacelia insularis portions of the species’ life cycle has exclosure on the south side of the ssp. insularis, and Thysanocarpus resulted in the inability of the species to island. The number of pigs has begun to conchuliferus) are based upon the establish new individuals to replenish increase. TNC also took immediate steps occurrence of fires to promote the population. The degree of to remove sheep upon acquiring the reproduction and reduce competition pollination success for manzanita property, but has been unable to manage with other species. flowers is unknown; however, the the apparent rapid invasion of alien Many of the known pollinators on the presence of alien grazing and browsing fennel that resulted from the release of islands are ground-nesting insects animals has most likely depressed the grazing pressure. TNC is exploring (Miller 1985, Miller and Davis 1985). number of native pollinators available to options for implementing island-wide The habitat of these ground-nesting the native plants. Even if pollination feral pig removal and other management insects has been and is being degraded occurs and results in successful fruiting, activities; these options may include by trampling and serious loss of soils to the fruits are eaten by browsing animals. developing an agreement with NPS for active erosion on all of the islands. Even if fruits escape predation and that agency to manage the island. The small numbers of isolated seeds do germinate, the seedlings are The species that occupy insular populations and individuals of most of either trampled or eaten by those same habitats, like those found on the nearby these taxa increase the potential for animals. All of the species in this rule mainland, have characteristics that extinction from stochastic events. Five that occur on Santa Rosa, Santa Cruz, enable them to recover from fire events. of the proposed taxa, Dudleya and Santa Catalina Islands are similarly These characteristics include the blochmaniae ssp. insularis, Dudleya sp. affected. production of seeds that respond nov. ‘‘East Point,’’ Dudleya nesiotica, Thirdly, catastrophic environmental favorably to fire temperatures and Gilia hoffmannii, and Malacothrix events, such as storms, drought, fire, or chemical products (charates) and root indecora, are known from single landslides, could destroy a significant burls that resprout following a fire populations. Six other proposed taxa, percentage of a species’ individuals, or (Carroll et al. 1993). Tree ring histories Arabis hoffmannii, Berberis pinnata ssp. the only known extant population. from island Torrey pines with fire scars insularis, Castilleja mollis, Arabis hoffmannii and Thysanocarpus reveal that pre-livestock fire events Malacothamnus fasciculatus ssp. conchuliferus are examples of species occurred at 20 to 30 year intervals (Viers nesioticus, Malacothrix squalida, and that could sustain losses of individuals and Halvorson 1994). Since little Phacelia insularis ssp. insularis, are and populations through landslides and evidence exists that lightning fires occur known from only two to five soil sloughing as a result of storm populations. at these frequencies (Carroll et al. 1993), events. man is implicated as the principal agent Species with small numbers of In summary, stochastic events can of ignition (Timbrook et al. 1982). populations and individuals are subject Fire has been removed as a to the threat of stochastic extinction in affect species on three different levels: functioning ecological process on the several ways. First, the loss of genetic through loss of genetic diversity, islands for over 150 years. The absence diversity may decrease the species’ through chance events in survival and of fire has created an imbalance in ability to maintain fitness within the reproduction, and through catastophic recruitment and regeneration of environment, and is frequently environmental events. When numbers of ecosystem components, including many manifested in depressed reproductive populations and individuals reach of the proposed species. Therefore, the vigor. From the genetic analyses critically low levels, more than one of current distribution of island vegetation conducted for the two populations of the three types of stochastic events may does not represent prehistoric Malacothamnus fasciculatus var. combine to cause extinction. For conditions (Minnich 1980). Many of the nesioticus, Swenson et al. (in prep.) instance, a species that has had low brushland species will not regenerate concluded that the two genotypes reproductive success due to grazing or without fire and with age will die back. represented in each of the two browsing pressure during a critical Browsing and grazing animals reduce populations ‘‘probably represent only a portion of its life cycle may the probability of survival for these fire- portion of the diversity once present in subsequently be subject to a severe adapted species by removing seed and var. nesioticus.’’ Elisens (1994) drought or storm event that eliminates seedlings. This could be devastating to documented reduced levels of genetic any remaining individuals or recruitment following a fire event. diversity in Galvesia speciosa, a populations. Stochastic extinction Seedling consumption could effectively Channel Islands endemic plant and constitutes a major threat to all of the terminate the subsequent generation Category 2 candidate for Federal listing, taxa being proposed. necessary to re-establish the seed bank. and noted that the levels were ‘‘likely The Service has carefully assessed the The fuel load (the amount of standing the result of decreased population sizes best scientific and commercial and downed vegetation) has been initiated by human activities and information available regarding the past, dramatically altered from heavy (brush) herbivore introductions.’’ present, and future threats faced by to light (grass) through the agents of Secondly, species with low numbers these taxa in determining to propose ranching and sport hunting of populations or individuals may be this rule. Based on this evaluation, the management. The characteristic fire subject to forces that affect their ability preferred action is to propose Arabis intensities and durations shifted from to complete their life cycle successfully. hoffmannii, Arctostaphylos long duration and high intensity with Arctostaphylos confertiflora, like a host confertiflora, Berberis pinnata ssp. brush fuels to short duration and light of other perennial shrub and tree taxa insularis, Castilleja mollis, Dudleya intensities with grass fuels. The life that are candidates for Federal listing on blochmaniae ssp. insularis, Dudleya sp. history requirements of most taxa in this the northern Channel Islands, provides nov. ‘‘East Point,’’ Dudleya nesiotica, proposed rule (Arabis hoffmannii, an excellent example of this type of Galium buxifolium, Gilia tenuiflora ssp. Arctostaphylos confertiflora, Berberis threat. The only remaining individuals hoffmannii, Helianthemum greenei, pinnata ssp. insularis, Castilleja mollis, of this species are of moderate to old Heuchera maxima, Malacothamnus 38008 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules fasciculatus ssp. nesioticus, Malacothrix Malacothrix squalida, Phacelia insularis subsequently listed, section 7(a)(2) indecora, Malacothrix squalida, ssp. insularis, and Thysanocarpus requires Federal agencies to ensure that Phacelia insularis ssp. insularis, and conchuliferus at this time. Service activities they authorize, fund, or carry Thysanocarpus conchuliferus as regulations (50 CFR 424.12(a)(1)) state out are not likely to jeopardize the endangered. Threats to the 16 taxa that designation of critical habitat is not continued existence of such a species or include soil loss, habitat alteration by prudent when one or both of the to destroy or adversely modify its mammals alien to the Channel Islands following situations exist: (1) the critical habitat. If a Federal action may (pigs, goats, sheep, donkeys, cattle, deer, species is threatened by taking or other affect a listed species or its critical elk, horses, bison) and direct predation human activity, and identification of habitat, the responsible Federal agency by these same alien mammals, habitat critical habitat can be expected to must enter into formal consultation with alteration by native seabirds, habitat increase the degree of such threat to the the Service. alteration due to vehicular traffic, species, or (2) such designation of The Service and NPS have recently overcollection for scientific or critical habitat would not be beneficial agreed to pursue development of a horticultural purposes, and competition to the species. Conservation Agreement under the with alien plant taxa. The 16 taxa also The National Park Service, the Secretary of the Interior’s directive for have an increased vulnerability to Department of Defense, The Nature Federal agencies to cooperate in the extinction due to reduced genetic Conservancy, and other pertinent conservation of species for which listing viability, depressed reproductive vigor, parties have been notified of the may be appropriate (U.S. Dept. of and stochastic environmental events location and importance of protecting Interior 1994). The Conservation resulting from small numbers of these species’ habitat. Because Agreement would focus on the individuals and populations. Because protection of these species’ habitat will prelisting recovery needs of the other these 16 taxa are in danger of extinction be addressed through the recovery plant and animal candidate taxa from throughout all or a significant portion of process and through the section 7 the northern Channel Islands, such that their ranges, they fit the definition of consultation process as a result of listing listing for some of those taxa may be endangered as defined in the Act. these species, there would be little avoided, and would also serve as a Critical habitat is not being proposed for additional benefit to designating critical template for the future development of these taxa for reasons discussed in the habitat. Therefore, the Service finds that a recovery strategy for the 16 taxa ‘‘Critical Habitat’’ section of this designation of critical habitat for these included in this proposal. In addition, if proposal. plants is not prudent at this time as threats to these 16 taxa can be reduced such designation would provide little or eliminated, final listing of some or all Critical Habitat additional benefit beyond that provided of the proposed taxa may be precluded. Critical habitat is defined by section through the section 7 consultation Of the 16 proposed taxa, all except 3 3 of the Act as: (i) the specific areas process. (Dudleya nesiotica, Malacothamnus within the geographical area occupied fasciculatus ssp. nesioticus, and by a species, at the time it is listed in Available Conservation Measures Thysanocarpus conchuliferus) have accordance with the Act, on which are Conservation measures provided to populations or historical habitat located found those physical or biological species listed as endangered or on Federal lands. Three of the taxa features (I) essential to the conservation threatened under the Act include (Galium buxifolium, Malacothrix of the species and (II) that may require recognition, recovery actions, indecora, and Phacelia insularis ssp. special management considerations or requirements for Federal protection, and insularis) have populations or historical protection and; (ii) specific areas prohibitions against certain practices. habitat on San Miguel Island, which is outside the geographical area occupied Recognition through listing encourages owned by the Navy and managed by by a species at the time it is listed, upon and results in conservation actions by NPS through a Memorandum of a determination that such areas are Federal, State, and private agencies, Agreement and Interagency Agreement. essential for the conservation of the groups, and individuals. The Act Navy activities that could potentially species. ‘‘Conservation’’ means the use provides for possible land acquisition affect these taxa and their habitats of all methods and procedures needed and cooperation with the States and include military exercises and to bring any protected species to the requires that recovery actions be carried equipment testing and retrieval carried point at which the measures provided out for all listed species. The protection out under the Executive Order that pursuant to the Act are no longer required of Federal agencies and the established the Pacific Missile Test necessary (50 CFR 424.02(c)). prohibitions against certain activities Center (PMTC) Sea Test Range, which Section 4(a)(3) of the Act, as involving listed plants are discussed, in includes Anacapa, San Miguel, Santa amended, and implementing regulations part, below. Barbara, Santa Cruz, and Santa Rosa (50 CFR 424.12) require that, to the Section 7(a) of the Act, as amended, Islands and their environs. maximum extent prudent and requires Federal agencies to evaluate Three of the taxa (Berberis pinnata determinable, the Secretary specify their actions with respect to any species ssp. insularis, Heuchera maxima, and critical habitat at the time a species is that is proposed or listed as endangered Malacothrix squalida) have populations proposed for listing. The Service finds or threatened and with respect to its or historical habitat on Anacapa Island, that designation of critical habitat is not critical habitat, if any is designated. which is owned and managed by NPS. prudent for Arabis hoffmannii, Regulations implementing this Eleven of the 16 taxa have populations Arctostaphylos confertiflora, Berberis interagency cooperation provision of the or historical habitat on Santa Rosa pinnata ssp. insularis, Castilleja mollis, Act are codified at 50 CFR part 402. Island, which is owned and managed by Dudleya blochmaniae ssp. insularis, Section 7(a)(4) requires Federal agencies NPS. Five of those 11 taxa are single Dudleya sp. nov. ‘‘East Point,’’ Dudleya to confer informally with the Service on island endemics (Arctostaphylos nesiotica, Galium buxifolium, Gilia any action that is likely to jeopardize confertiflora, Castilleja mollis, Dudleya tenuiflora ssp. hoffmannii, the continued existence of a proposed blochmaniae ssp. insularis, Dudleya sp. Helianthemum greenei, Heuchera species or result in destruction or nov. ‘‘East Point,’’ Gilia tenuiflora ssp. maxima, Malacothamnus fasciculatus adverse modification of proposed hoffmannii). NPS activities that could ssp. nesioticus, Malacothrix indecora, critical habitat. If a species is potentially affect these taxa and their Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38009 habitats include specific management agents of the Service and State Service, Endangered Species Permits, plans, including those that address conservation agencies. 911 N.E. 11th Avenue, Portland, Oregon expansion of park facilities; expansion It is the policy of the Service, 97232–4181 (telephone 503/231–2063, of visitor services; range management published in the Federal Register, (59 facsimile 503/231–6243). plans, including those that address FR 34272) on July 1, 1994, to identify Public Comments Solicited cattle ranching and deer and elk to the maximum extent practicable at hunting; alien plant removal programs; the time a species is listed those The Service intends that any final and other ecosystem restoration activities that would or would not be action resulting from this proposal will programs. Other activities include the likely to constitute a violation of section be as accurate and as effective as issuing of permits, including Special 9 of the Act. The intent of this policy possible. Therefore, comments or Use Permits, that authorize continued is to clarify the potential impacts of a suggestions from the public, other ranching and hunting operations on species’ listing on proposed and concerned governmental agencies, the Santa Rosa Island. Also included are ongoing activities within the species’ scientific community, industry, or any permits that authorize activities by other range. Nine of the 16 taxa in this other interested party concerning this agencies or organizations, including proposed rule are known to occur on proposed rule are hereby solicited. rights-of-way to the Department of lands under the jurisdiction of the Comments particularly are sought Commerce to access lighthouse and National Park Service or Department of concerning: communication facilities. The enabling Defense; an additional 4 taxa (1) Biological, commercial trade, or legislation that authorized NPS historically occurred on these same other relevant data concerning any purchase of Santa Rosa Island also Federal lands, and potential habitat may threat (or lack thereof) to these species; provides a mechanism to ensure still exist. Collection, damage, or (2) The location of any additional protection of the island’s natural destruction of listed species on these populations of these species and the resources. Sections 202(d)(1) and lands is prohibited. However, reasons why any habitat should or 202(d)(2) of Title II, Public Law 96–199, authorization to incidentally remove or should not be determined to be critical state that if the Secretary of the Interior destroy such species on Federal lands habitat as provided by section 4 of the determines the property is being used may be granted by the Fish and Wildlife Act; for any purpose that is incompatible Service for any otherwise legal action (3) Additional information concerning with the administration of the park or funded, authorized, or implemented by the range, distribution, and population with the preservation of its resources, a Federal agency through section 7 of size of these species; and the Secretary shall terminate the the Act. The removal and reduction to (4) Current or planned activities in the retained right and use of occupancy by possession of listed species on Federal subject area and their possible impacts the former owner. lands for research activities may be on these species. authorized by the Service under section As mentioned above, there are four Final promulgation of the regulations 10(a)(1)(B) of the Act. on these species will take into taxa that occur wholly on lands owned Section 9 of the Act prohibits consideration the comments and any and managed by TNC. Future removal, cutting, digging up, damaging, additional information received by the management of Santa Cruz Island may or destroying listed species on Federal involve NPS as a cooperator, since the or non-Federal lands in knowing Service, and such communications may island is within National Park violation of any law or regulation of any lead to a final regulation that differs boundaries. NPS has already developed State or in the course of any violation from this proposal. a keen interest in the conservation of the of a State criminal trespass law. As an The Endangered Species Act provides proposed taxa on Santa Cruz Island, and example, if individuals of a listed plant for a public hearing on this proposal, if the Service would anticipate species were grazed or trampled by requested. Requests must be received by coordination with NPS on issues cattle while the livestock was September 25, 1995. Such requests must affecting those taxa. trespassing on either Federal or non- be made in writing and addressed to the The Act and its implementing Federal land, a violation of section 9 Field Office Supervisor of the Ventura regulations set forth a series of general may exist. However, if the livestock Field Office (see ADDRESSES section). prohibitions and exceptions that apply grazing occurred under the authority of National Environmental Policy Act to all endangered plants. All a local permit on non-Federal land or The Fish and Wildlife Service has prohibitions of section 9(a)(2) of the Act, under a section 7 consultation on determined that Environmental implemented by 50 CFR 17.61, apply. Federal land, section 9 would not be Assessments and Environmental Impact These prohibitions, in part, make it violated. Questions regarding whether Statements, as defined under the illegal for any person subject to the specific activities would constitute a authority of the National Environmental jurisdiction of the United States to violation of section 9 should be directed Policy Act of 1969, need not be import or export, transport in interstate to the Field Supervisor of the Service’s prepared in connection with regulations or foreign commerce in the course of a Ventura Field Office (see ADDRESSES adopted pursuant to section 4(a) of the commercial activity, sell or offer for sale section). Endangered Species Act of 1973, as in interstate or foreign commerce, or The Act and 50 CFR 17.62 and 17.63 amended. A notice outlining the remove and reduce the species to also provide for the issuance of permits Service’s reasons for this determination possession from areas under Federal to carry out otherwise prohibited was published in the Federal Register jurisdiction. In addition, the Act activities involving endangered plants on October 25, 1983 (48 FR 49244). prohibits the malicious damage or under certain circumstances. Such destruction on areas under Federal permits are available for scientific References Cited jurisdiction and the removal, cutting, purposes and to enhance the A complete list of all references cited digging up, or damaging or destroying of propagation or survival of the species. herein, as well as others, is available such plants in knowing violation of any Requests for copies of the regulations upon request from the Ventura Field State law or regulation, including State regarding listed species and inquiries Office (see ADDRESSES section). criminal trespass law. Certain about prohibitions and permits may be Authors: The primary authors of this exceptions to the prohibitions apply to addressed to the U.S. Fish and Wildlife proposed rule are Constance Rutherford and 38010 Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules

Tim Thomas, botanists, Ventura Field Office B of chapter I, title 50 of the Code of 2. Section 17.12(h) is amended by (see ADDRESSES section). Federal Regulations, as set forth below: adding the following, in alphabetical List of Subjects in 50 CFR Part 17 order under FLOWERING PLANTS, to PART 17Ð[AMENDED] the List of Endangered and Threatened Endangered and threatened species, Plants to read as follows: Exports, Imports, Reporting and 1. The authority citation for Part 17 recordkeeping requirements, and continues to read as follows: § 17.12 Endangered and threatened plants. Transportation. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. * * * * * Proposed Regulations Promulgation 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (h) * * * Accordingly, the Service hereby 625, 100 Stat. 3500; unless otherwise noted. proposes to amend part 17, subchapter

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Arabis hoffmannii ..... Hoffman's rockcress U.S.A. (CA) ...... BrassicaceaeÐ E NA NA Mustard.

******* Arctostaphylos Santa Rosa Island U.S.A. (CA) ...... EricaceaeÐHeath .. E NA NA confertiflora. manzanita.

******* Berberis pinnata ssp. Island barberry ...... U.S.A. (CA) ...... BerberidaceaeÐ E NA NA insularis. Barberry.

******* Castilleja mollis ...... Soft-leaved Indian U.S.A. (CA) ...... Scrophulariaceae E NA NA paintbrush. Figwort.

******* Dudleya Santa Rosa Island U.S.A. (CA) ...... CrassulaceaeÐ E NA NA blochmaniae ssp. dudleya. Stonecrop. insularis.

******* Dudleya sp. nov. Munchkin dudleya ... U.S.A. (CA) ...... CrassulaceaeÐ E NA NA ``East Point''. Stonecrop.

******* Dudleya nesiotica .... Santa Cruz Island U.S.A. (CA) ...... CrassulaceaeÐ E NA NA dudleya. Stonecrop.

******* Galium buxifolium .... Island bedstraw ...... U.S.A. (CA) ...... RubiaceaeÐBed- E NA NA straw.

******* Gilia tenuiflora ssp. Hoffmann's gilia ...... U.S.A. (CA) ...... PolemoniaceaeÐ E NA NA hoffmannii. Phlox.

******* Helianthemum Island rush rose ...... U.S.A. (CA) ...... CistaceaeÐ E NA NA greenei. Rockrose.

******* Heuchera maxima ... Island alumroot ...... U.S.A. (CA) ...... SaxifragaceaeÐ E NA NA Saxifrage.

******* Malacothamnus Santa Cruz Island U.S.A. (CA) ...... MalvaceaeÐ Mal- E NA NA fasciculatus ssp. bush-mallow. low. nesioticus. Federal Register / Vol. 60, No. 142 / Tuesday, July 25, 1995 / Proposed Rules 38011

Species Historic range Family name Status When listed Critical Special Scientific name Common name habitat rules

******* Malacothrix indecora Santa Cruz Island U.S.A. (CA) ...... AsteraceaeÐAster .E NA NA malacothrix.

******* Malacothrix squalida Island malacothrix ... U.S.A. (CA) ...... AsteraceaeÐAster .E NA NA

******* Phacelia insularis Island phacelia ...... U.S.A. (CA) ...... Hydrophyllaceae .... E NA NA ssp. insularis. ÐWaterleaf ......

******* Thysanocarpus Santa Cruz Island U.S.A. (CA) ...... BrassicaceaeÐ E NA NA conchuliferus. lacepod. Mustard.

*******

Dated: July 7, 1995. Species Act (ESA), NMFS has identified the ESA) of indigenous, naturally Mollie H. Beattie, specific risk factors and concerns that spawning coho salmon in Oregon and to Director, Fish and Wildlife Service. need to be resolved prior to assessing designate critical habitat under the ESA. [FR Doc. 95–18242 Filed 7–24–95; 8:45 am] the overall health of the ESUs. The five ESUs identified by the BILLING CODE 4310±55±P NMFS is requesting public comments petitioners included coho salmon and input on the biological issues populations from rivers south of Cape pertaining to the proposal. NMFS also is Blanco, the Coquille and Coos Rivers, DEPARTMENT OF COMMERCE soliciting suggestions and input on the Umpqua River, rivers between the integrated local/state/federal Umpqua and Nehalem rivers, and the National Oceanic and Atmospheric conservation measures that might best Columbia River. On October 27, 1993, Administration achieve the purposes of the ESA relative NMFS published a notice of finding (58 50 CFR Part 227 to recovering the health of coho salmon FR 57770) that a listing may be [Docket No. 950407093±5179±02; I.D. populations and the ecosystems upon warranted, soliciting information about 012595A] which they depend. Should the the status of all populations of coho proposed listings be made final, salmon in Washington, Oregon, and Endangered and Threatened Species; protective regulations under the California. NMFS determined that such Proposed Threatened Status for Three Endangered Species Act (ESA) would be an expanded status review was Contiguous ESUs of Coho Salmon put into effect and a recovery program(s) warranted due to the general decline in Ranging From Oregon Through Central would be implemented. many West Coast coho salmon California DATES: Comments must be received by populations. AGENCY: National Marine Fisheries October 23, 1995. NMFS will announce Supplemental to the July 21, 1993, Service (NMFS), National Oceanic and the dates and locations of public petition, on October 20, 1993, NMFS Atmospheric Administration (NOAA), hearings in Washington, Oregon, and received a petition from Pacific Rivers Commerce. California in a separate Federal Register Council and 22 co-petitioners (PRC et ACTION: Proposed rule; request for document. Requests for additional al.) to list under the ESA, either on an comments. public hearings must be received by emergency basis or through normal September 8, 1995. listing procedures, all coho salmon SUMMARY: NMFS has completed a ADDRESSES: Comments on this proposed populations in Washington, , comprehensive status review of coho rule and requests for public hearings Oregon, and California, and to designate salmon (Oncorhynchus kisutch) should be sent to the Environmental and critical habitat. On January 26, 1994, populations from southern British Technical Services Division, NMFS, NMFS published a notice of finding (59 Columbia to southern California, and Northwest Region, 525 NE Oregon FR 3662) that a non-emergency listing has identified six evolutionarily Street, Suite 500, Portland, OR 97232– may be warranted, soliciting significant units (ESUs) within this 2737. information about the status of all range. NMFS is now issuing a proposed FOR FURTHER INFORMATION CONTACT: populations of coho salmon rule to list three of these ESUs as Garth Griffin, 503–230–5430, Craig ‘‘coastwide’’ (hereinafter defined as threatened (Oregon coast, southern Wingert, 310–980–4021, or Marta populations in the southern portion of Oregon/northern California, and central Nammack, 301–713–1401. the species’ range inhabiting rivers California coast). NMFS is also adding south of Queen Charlotte Strait, British SUPPLEMENTARY INFORMATION: two ESUs (Puget Sound/Strait of Columbia). The notice also announced Georgia, lower Columbia River/ Petition Background that information submitted in response southwest Washington coast) to the On July 21, 1993, NMFS received a to the PRC et al. petition would be used candidate species list because, while petition from Oregon Trout, Portland in NMFS’ coastwide review of coho there is not sufficient information Audubon Society, and Siskiyou salmon populations already underway available at this time to indicate that Regional Educational Project (Oregon (58 FR 57770, October 27, 1993). coho salmon in either ESU warrant Trout et al.) to list five or more ESUs Prior to the Oregon Trout et al. and protection under the Endangered (See Consideration as a ‘‘Species’’ under PRC et al. petitions, NMFS received two