39326 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules

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

******* Clara Hunt's U.S.A. (CA) ...... ...... E ...... NA NA clarianus. milkvetch.

******* Carex albida ..... White sedge ...... U.S.A. (CA) ...... Cyperaceae ...... E ...... NA NA

******* imbricata Vine Hill clarkia ...... U.S.A. (CA) ...... ...... E ...... NA NA

******* Lilium Pitkin Marsh lily ...... U.S.A. (CA) ...... Liliaceae ...... E ...... NA NA pardalinum ssp. pitkinense.

******* Plagiobothrys Calistoga allocarya .. U.S.A. (CA) ...... Boraginaceae ...... E ...... NA NA strictus.

******* napensis ... Napa bluegrass ...... U.S.A. (CA) ...... ...... E ...... NA NA

******* Sidalcea Kenwood Marsh U.S.A. (CA) ...... Malvaceae ...... E ...... NA NA oregana ssp. checkermallow. valida.

******* Trifolium Showy Indian U.S.A. (CA) ...... Fabaceae ...... E ...... NA NA amoenum.

*******

Dated: July 5, 1995. threatened status for , 93003. Comments and Mollie H. Beattie, goveniana ssp. goveniana (Gowen materials received will be available for Director, Fish and Wildlife Service. cypress). The six taxa are found public inspection, by appointment, [FR Doc. 95–18812 Filed 8–1–95; 8:45 am] primarily along the coast of northern during normal business hours at the BILLING CODE 4310±55±P Monterey County, California. The five above address. taxa and the lizard are threatened FOR FURTHER INFORMATION CONTACT: Carl by one or more of the following: Benz, Assistant Field Supervisor, 50 CFR Part 17 alteration, destruction, and Ventura Field Office (see ADDRESSES [RIN 1018±AD09] fragmentation of habitat resulting from section) (telephone number 805/644– Endangered and Threatened Wildlife urban and golf course development; 1766; facsimile 805/644–3958). and ; Proposed Rule to recreational activities; highway SUPPLEMENTARY INFORMATION: Determine Five Plants and a Lizard widening; military activities; Background from Monterey County, California, as competition with non-native ; The on the Endangered or Threatened and alteration of natural fire cycles. All central California coast has been noted AGENCY: Fish and Wildlife Service, taxa are also threatened with stochastic for a high degree of species endemism Interior. extinction due to the small numbers of (Axelrod 1982, Howitt 1972, Raven and ACTION: Proposed rule. populations or individuals. This Axelrod 1978). Species with more proposed rule, if made final, would northern affinities reach their southern SUMMARY: The U.S. Fish and Wildlife extend the Act’s protection to these limits on the Peninsula; species with Service (Service) proposes endangered taxa. more southern affinities reach their status pursuant to the Endangered DATES: Comments from all interested northern limits here as well (Howitt and Species Act of 1973, as amended (Act), parties must be received by October 9, Howell 1964). The Monterey Peninsula for four plants and a reptile: Astragalus 1995. Public hearing requests must be is influenced by a maritime climate that tener var. titi (coastal dunes milk-vetch), received by September 25, 1995. is even more pronounced due to the Piperia yadonii (Yadon’s piperia), ADDRESSES: Comments and materials upwelling of cool water from the (Hickmann’s concerning this proposal should be sent Monterey submarine canyon. Rainfall potentilla), to the Field Supervisor, Ventura Field amounts to only 38 to 51 centimeters (Monterey clover) and the black legless Office, U.S. Fish and Wildlife Service, (cm) (15 to 20 inches) per year, but lizard (Anniella pulchra nigra); and 2493 Portola Road, Suite B, Ventura, summer fog-drip is a primary source of Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39327 moisture for taxa that would otherwise found on Huckleberry Hill centrally generally been regarded as the same as not be able to persist with such low located on Monterey Peninsula. Here, Astragalus tener, * * * the two plants rainfall. Some taxa, such as the coastal the less aggressive C. goveniana ssp. are not the same and Astragalus titi closed-cone pines and cypresses may goveniana and P. muricata are spared seems worthy of varietal, if not specific represent relicts of species that once had competition from P. radiata. Some of recognition.’’ Rupert Barneby published a more continuous, widespread the chaparral species associated with the combination A. tener var. titi in distribution in the more mesic climate these forest stands include 1950, noting the difference in flower of the late Pleistocene period, then Arctostaphylos pumila (sandmat size, habitat, and geographic range retreated to small pockets of cooler and manzanita), Arctostaphylos hookeri ssp. between it and A. tener var. tener wetter conditions along the coast ranges hookeri (Hooker’s manzanita), (Barneby 1950). during the hotter and drier xerothermic Ceanothus dentatus (toothleaf lilac), Astragalus tener var. titi is a period between 8,000 and 4,000 years and Ericameria fasciculata (Eastwood’s diminutive annual herb of the pea ago (Axelrod 1982). ericameria) (Holland 1986, Vogl et al. family (Fabaceae). The slender, slightly In 1602, the Spanish government 1988). pubescent stems reach 1 to 1.5 commissioned Sebastian Viscaino to Much of what the Forest Service decimeters (dm) (4 to 6 inches) in map the coastline; he travelled as far mapped in 1941 as grassland or height, with that are 7 to 11 north as the Mendocino coast. In his ‘‘barren’’ (which most likely included pinnately compound and 2 to 7 cm (0.8 journal, he made note of the ‘‘pine coastal dunes) on the peninsular to 2.7 inches) long with slightly bilobed covered headlands’’ and the ‘‘great pine coastline has been subsequently tips. The tiny lavender to purple flowers , smooth and straight, suitable for converted to golf courses. Remnant are 5 to 6 millimeters (mm) (0.25 inches) the masts and yards of ships’’ that he dunes support a coastal dune scrub long and are arranged in subcapitate saw while anchored in Monterey Bay community dominated by Artemisia of 2 to 12 flowers. The linear (F.B. Larkey in Howitt 1972). During the pycnocephala (beach sagewort), pods are straight to sickle-shaped early 1900s, Willis L. Jepson Baccharis pilularis (coyote bush), and and 6 to 14 mm (0.25 to 0.6 inches) long characterized the forests on the several bush lupines ( arboreus, (Bittman 1985). Monterey Peninsula as the ‘‘most L. chamissonis). The southernmost Two historical locations from Los important silva ever’’, and encouraged occurrences for Erysimum menziesii Angeles County (Hyde Park in Samuel F. B. Morse of the Del Monte (Menzies wallflower), Layia carnosa Inglewood and Santa Monica) and two Properties Company to explore the (beach layia), Lupinus tidestromii from San Diego County (Silver Strand possibilities of preserving the unique (Tidestrom’s lupine), and Gilia and Soledad) were annotated by forest communities (F. B. Larkin in tenuiflora ssp. arenaria (dune gilia), all Barneby as Astragalus tener var. titi Howitt 1972). Morse believed that federally , occur on (Barneby 1950). Numerous unsuccessful developing recreational facilities would these remnant dunes (Holland 1986, searches for the plant have been made allow income to be derived from the U.S. Fish and Wildlife Service 1992). It in these locations over the past decade property while maintaining the forest is uncertain what species characterized (Ferreira 1992a, Julie Vanderweir, intact. the grasslands mapped by the Forest botanical consultant, San Diego County, In 1941, maps were compiled by the Service. Aside from harboring small pers. comm., 1992). It is unlikely that U.S. Forest Service to show plant populations of several of the species suitable habitat remains, since the Los associations that were similar in ‘‘fire- that are contained within this proposed Angeles County locations have been hazard characteristics and in uses or rule, these patches of herbaceous heavily urbanized. The Silver Strand qualities of economic importance’’ (U.S. vegetation support a large number of area is owned by the Department of Forest Service 1941). The bulk of the non-native grasses and succulents, as Defense (Miramar Naval Weapons Monterey Peninsula was mapped as well as opportunistic native herbaceous Center), and a portion has been Monterey pine forest with a discrete species (Ferreira 1992a, Ferreira 1992b). subjected to amphibious vehicle stand of Bishop pine in the center of the As for the patches mapped by the Forest training exercises. Another portion of peninsula. The coastline was fringed Service as ‘‘sagebrush’’, these most Silver Strand has been leased by the with either ‘‘barren’’ stretches, likely matched what is currently called Navy to the California Department of grassland, or ‘‘sagebrush’’, and a stretch coastal sage scrub, a community Parks and Recreation for development of of ‘‘cypress species’’ extending east dominated by Artemisia californica a campground and recreational along the coast from what is known as (California sagebrush). For the most facilities. Cypress Point. By 1930, however, the part, these patches occurred within The only known extant population of construction of three golf courses likely what are now urbanized portions of the Astragalus tener var. titi occurs along resulted in the removal of a number of cities of Monterey and Pacific Grove and 17-Mile Drive on the western edge of the Monterey pines. the Pacific Grove Municipal Golf Monterey Peninsula on land owned by Three native Monterey pine (Pinus Course. the Pebble Beach Company. The milk- radiata) stands remain in California: on Astragalus tener var. titi (coastal vetch occurs on a relatively flat coastal the Monterey Peninsula; near Ano dunes milk-vetch) was first collected by terrace within 30 meters (m) (100 feet Nuevo Point in northern Santa Cruz Mrs. Joseph Clemens in 1904 along 17- (ft)) of the ocean beach and 8 m (25 ft) County; and near Cambria in San Luis Mile Drive on the Monterey Peninsula above sea level. The loamy fine sands Obispo County. The Monterey ‘‘near an old hut composed of abalone that comprise a series of shallow swales Peninsula stand is not only the most shells and coal-oil cans.’’ Alice on the terrace surface support standing extensive of the three, it is also unique Eastwood (1905) later named the plant water during wet winter and spring in its association with Pinus muricata Astragalus titi in honor of Dr. F. H. seasons. Individual plants are found on (Bishop pine), Cupressus goveniana ssp. Titus. Subsequently, John Thomas the bottoms or sides of the swales goveniana (Gowen cypress), and Howell (1938), while comparing a growing in association with other low (Monterey specimen of A. tener that was collected growing grasses and herbs, including cypress). While P. radiata grows well on by David Douglas near Salinas, the non-native Carpobrotus edulis a wide variety of soils, it does not do Monterey County, remarked that (hottentot fig) and Plantago coronopus well on the acidic, poorly-drained soils although ‘‘Astragalus titi Eastwood has (cut- plantain). In 1992, only 120 39328 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules individuals were counted from the restricted to the Monterey Peninsula The Del Monte Forest stand is on known population, which over the past and Point Lobos in Monterey County. lands owned by the Pebble Beach decade had fluctuated from 15 to 1,000 Cupressus goveniana ssp. goveniana Company and the Del Monte Forest individuals (Ferreira 1992a). generally reaches a height between 5 Foundation (DMFF). The purpose of the The population was bisected by and 7 m (17 to 23 ft) (Munz 1968), DMFF, originally established as the Del construction of 17-Mile Drive, which though Griffin noted one individual that Monte Foundation in 1961 by the also likely altered the local hydrology. was 10 m (33 ft) high at Huckleberry Pebble Beach Company, is to ‘‘acquire, Half of the remaining habitat occurs Hill (Griffin and Critchfield 1976). The accept, maintain, and manage lands in between the road and the ocean bluff’s sparsely branched forms a short, the Del Monte Forest which are edge, and the other half occurs between broad crown with a spread of 2 to 4 m dedicated to open space and greenbelt’’ the interior side of the road and a horse (7 to 13 ft). The bark is smooth brown (DMFF, in litt., 1992). A large portion of trail that runs parallel to a golfing green. to gray, but becomes rough and fibrous the Del Monte Forest stand is within a Astragalus tener var. titi is currently on old trees. The scale-like foliage is a 34-hectare (84-acre) area designated as a threatened with alteration of habitat light rich green, with leaves 1 to 2 mm botanical reserve (Samuel F.B. Morse from trampling associated with several long (0.04 to 0.08 inches). The female Botanical Reserve) in the 1960s and recreational activities, including hiking, cones are subglobose (nearly spherical), donated to DMFF in 1976. In the early picnicking, ocean viewing, wildlife 10 to 15 mm (0.4 to 0.6 inches) long, 1980s, development of the Poppy Hills photography, equestrian use, and and produce 90 to 110 (Wolf and Golf Course removed 840 Gowen golfing. The species also faces threats Wagener 1948). The cones, which cypress trees and surrounded other from stochastic (i.e., random) extinction typically mature in 2 years, remain small patches by fairways. The by virtue of the small size of the closed for many years while attached to remaining portion of the stand is on remaining population. The plant may the cone. Seeds can be released upon lands designated as ‘‘open space’’, and also be threatened with competition mechanical removal from the tree, or a conservation easement for this area is from the non-native Carpobrotus edulis more typically upon death of the tree or currently being acquired by DMFF. and Plantago coronopus, though current supporting branch as by heat generated A second smaller stand of Cupressus management by the Pebble Beach by a . Cupressus goveniana ssp. goveniana ssp. goveniana Company includes hottentot fig removal goveniana is distinguished from its approximately 16 to 32 hectares (40 to from a portion of the habitat. close relative C. goveniana ssp. pigmaea 80 acres) in size occurs 10 km (6 miles) to the south near Gibson Creek on a 60- Cupressus goveniana ssp. goveniana (pygmy or Mendocino cypress) by its hectare (150-acre) parcel acquired by the (Gowen cypress) was first discovered by much taller stature, the lack of a long, California Department of Parks and Karl Hartweg ‘‘on the pine barrens of whip-like terminal shoot, and light to Recreation (DPR) (Point Lobos State Huckleberry Hill (Monterey Peninsula)’’ yellow-green rather than dark dull green Reserve) in 1962. The very western edge in 1846. The plant was described as foliage (Bartel 1993). of the stand is on privately owned Cupressus goveniana by British Only two natural stands of Cupressus ranchlands (Jones and Stokes horticulturalist George Gordon in 1849 goveniana ssp.goveniana are known to Associates, Inc. 1989). In this stand, C. who named it after fellow exist, though individuals can be found goveniana ssp. goveniana is associated horticulturalist James R. Gowen (Sargent locally in cultivation. Cupressus with and chaparral 1896). Charles Sargent (1896) described goveniana ssp. goveniana is associated species Griffin and Critchfield 1976, the tree as being widely distributed with Pinus radiata (Monterey pine), Vogl et al. 1988). Due to the physical ‘‘from the plains of Mendocino County Pinus muricata (Bishop pine), and inaccessibility of the Point Lobos stand to the mountains of San Diego County’’ several taxa in the heath family and the Reserve’s mandate to protect as he included taxa now recognized as (Ericaceae) (e.g. Vaccinium, Gaultheria, sensitive plant taxa, the Point Lobos distinct in his definition of C. (Arctostaphylos) on poorly drained, stand exhibits fewer signs of human goveniana. John G. Lemmon published acidic, podsol soils (Griffin and disturbance than the Del Monte Forest the name C. goveniana var. pigmaea in Critchfield 1976). The largest stand, stand. 1895 to refer to the stands found on the referred to here as the Del Monte Forest Despite measures taken to protect the ‘‘White Plains’’ of Mendocino County, stand, is near Huckleberry Hill on the Cupressus goveniana ssp. goveniana also referred to as pygmy cypress or western side of the Monterey Peninsula. stand at the Del Monte Forest, such as Mendocino cypress. As a result of this This stand covers approximately 40 establishing the Morse Reserve, the segregation, the material from the hectares (100 acres), with individuals opportunities for maintaining a viable Monterey area would be treated as C. scattered within a kilometer (1⁄2 mile) of long-term stand may be compromised goveniana var. goveniana. However, the main stand. by the site’s close proximity to Bartel (1993), in keeping with the use of At least three fires have burned urbanization. This species is threatened subspecies in the treatment of portions of the Del Monte Forest stand by habitat alteration and destruction Cupressus, used C. goveniana ssp. in the last 100 years. A large fire burned due to the influence of continued urban goveniana for the revision of Jepson’s most of the stand in 1901 (Coleman development in Pebble Beach and to the Manual. The Service is using Bartel’s 1905, and Dunning 1906, in Vogl et al. disruption of natural fire cycles as a subspecific treatment for this taxon. 1988). The northern portion of the stand result of fire suppression activities. In Cupressus goveniana ssp. goveniana apparently burned in 1959 (California addition, the Del Monte Forest stand has (Gowen cypress) is a small coniferous Department of Fish and Game (CDFG) been invaded by aggressive non-native tree or shrub in the cypress 1992). The most recent fire burned species, including Cortaderia sellanoa () family. Most of the 10 through the central and eastern portions (pampasgrass) and Cytisus taxa in the Cupressus found in of the population in 1987. Wolf and monspessulanus (French broom). An California have relatively small ranges Wagener (1948) reported that patches of increase in such invasive alien plants (Bartel 1993). Of the three coastal crowded, poorly developed individuals, will undoubtedly alter the composition cypresses, native stands of C. referred to as ‘‘canes’’, were cut for of the plant community and may macrocarpa (Monterey cypress) and C. posts, making it difficult to determine adversely affect C. goveniana ssp. goveniana ssp. goveniana are both the original extent of the grove. goveniana. The cypress is also Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39329 threatened with stochastic (i.e., random) DMFF lands, and two are in city parks reclining stems 8 to 15 cm (3 to 6 extinction due to the small amount of in Pacific Grove and Monterey. Four inches) long support two to four habitat occupied by the species. populations are clustered generally branched cymes (flowering stems) each Piperia yadonii (Yadon’s piperia) was between Prunedale and Elkhorn Slough; of which is one- to two-flowered. The first collected by Leroy Abrams in 1925 three of these are on privately owned flowers consist of 5 ovate to obtuse in open pine forest near Pacific Grove. lands, including one population on land 6 mm (0.23 inches) long; yellow At that time, it was identified as Piperia managed by The Nature Conservancy obcordate 6 mm (0.23 inches) unalascensi (Morgan and Ackerman (TNC) (Blohm Ranch), and one is on long and 5 mm (0.19 inches) wide; and 1990), a polymorphic, wide-ranging County property (Manzanita County 20 (Abrams 1944, CNPS 1987). species found from Alaska to Colorado, Park). One small population is located Potentilla hickmanii is separated from southern California, and northwestern at the northernmost corner of Fort Ord two other potentillas that occur on the Mexico. In the most recent treatment of near Marina. Monterey Peninsula (P. egedii var. the genus Piperia, James D. Ackerman Recent surveys by Morgan indicate grandis and P. glandulosa) by a (1977) segregated out several long- that the largest population, consisting of combination of its small stature, leaflet spurred taxa from the P. unalascensis approximately 500 individuals, is size and shape, and color of the petals. complex, but attempted no analysis of scattered along a 2.1 km (1.3 mile) Only three historical locations for the the short-spurred forms. Subsequently, stretch of private road in Pebble Beach plant are known (CDFG 1992). A Morgan and Ackerman (1990) (Morgan, in litt., 1992). One population, collection was made by Ethel K. Crum segregated out two new taxa from the P. located in Long Valley between in 1932, apparently in the vicinity of unalascensis complex. One of these, P. Prunedale and Elkhorn Slough, Eastwood’s original collection. Ferreira yadonii, was named after Vernal Yadon, comprises approximately 150 (1992b) surveyed the area surrounding previous Director of the Museum of individuals; the remaining populations the Pacific Grove reservoir in 1992, but Natural History in Pacific Grove, range in size from a few individuals to found no Potentilla hickmanii plants or Monterey County. fewer than 100 individuals (Morgan, in suitable habitat for the species. A Piperia yadonii is a slender perennial litt., 1992). second location was observed by E.C. herb in the orchid family (). Piperia yadonii was once more Suttliffe at Moss Beach near Half Moon During the first few years of growth, the abundant on the Monterey Peninsula. Bay, San Mateo County, in 1933. This plant is visible only by its one or two Many historic collections were made occurrence is presumed to be extirpated lanceolate to oblanceolate basal leaves from the Pacific Grove area, which has by urban development in the Half Moon which die back each winter. In mature since been urbanized. It is also likely Bay area. plants, the leaves are 10 to 15 cm (4 to that the plant was previously more Potentilla hickmanii is currently 6 inches) long and 2 to 3 cm (0.8 to 1.2 abundant in the Prunedale-Elkhorn known from only one location, on the inches) wide. After several years of Slough area; a lack of historical western Monterey Peninsula, in a vegetative growth, the plant sends up a collections from this area is probably a meadow opening within Monterey pine single stem to 80 cm (31 inches) tall reflection of the lower intensity of forest. Loamy fine sandy soils support a with flowers arranged in a dense botanical collecting compared to the meadow community of non-native narrow-cylindrical . The flowers Monterey Peninsula area. Continued grasses and several introduced and consist of three -like sepals and alteration and destruction of habitat due native herbs. A total of 24 individuals three petals, which together appear as to urban and golf course development is of P. hickmanii were located during one flower containing six tepals. The currently the greatest threat to P. 1992 surveys, 9 of which are within a upper three tepals are basically green yadonii. Other threats include small exclosure constructed by the and the lower three white. The competition with non-native species, Pebble Beach Company to protect the lowermost tepal is specialized into a lip roadside mowing, and a proposed plants; the other 15 are located within that is narrowly triangular and is realignment of Highway 101 known as 30 m (100 ft) of the exclosure (Ferreira strongly decurved such that the tip the Prunedale bypass. The small 1992b). The Pebble Beach Company has nearly touches the spur of the flower numbers of individuals and populations maintained management responsibilities (Morgan and Ackerman 1990). Piperia also make P. yadonii vulnerable to for the meadow, though ownership of yadonii is sympatric with P. elegans, P. stochastic extinction. the land has been transferred to the Del elongata, P. michaelii, and P. Potentilla hickmanii (Hickmann’s Monte Forest Foundation. Potentilla transversa, but is distinguished from potentilla) was originally collected by hickmanii is currently threatened with them by the shorter spur length, the Alice E. Eastwood in 1900 ‘‘near the alteration of habitat resulting from particular pattern of green and white reservoir which supplies Pacific Grove, recreational activities. The meadow, floral markings, and the earlier [Monterey County] California, along the called Indian Village, is available for use flowering time (R. Morgan, botanical road to Cypress Point’’. The reference to by residents of Pacific Grove and has consultant, Soquel, California, pers. a reservoir could refer to Forest Lake in been developed as an outdoor comm., 1992). Pebble Beach but more likely refers to recreational park. The extremely small Piperia yadonii is found within the Pacific Grove reservoir (Ferreira numbers of individual plants and Monterey pine forest and maritime 1992b). Eastwood (1902) described the populations also make P. hickmanii chaparral communities in northern species 2 years later, naming it after J. vulnerable to stochastic extinction. coastal Monterey County from the B. Hickman who was her guide on that Trifolium trichocalyx (Monterey Monterey Peninsula northeast to the collecting trip. clover) is a member of the pea family Elkhorn Slough area. This plant occurs Potentilla hickmanii is a small (Fabaceae). The genus Trifolium is well- primarily on sandstone and sandy soils perennial herb in the rose family represented in North America, with that are often poorly drained, though () that annually dies back to a approximately 50 species recognized in dry in summer when the plants are woody taproot. The leaves are pinnately California (Munz 1959). Members of this flowering (Morgan and Ackerman 1990). compound into generally six paired, herbaceous genus are characterized by Six populations are clustered on the palmately cleft leaflets each 2 to 8 mm the palmately three-foliate leaves (hence Monterey Peninsula; two are on Pebble (0.08 to 0.3 inches) long and 1 to 3 mm the name Trifolium) and flowers in Beach Company lands, two are on (0.04 to 0.1 inches) wide. Several spheroid or oblong heads. 39330 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules

Trifolium trichocalyx was first were reported by Theodore Niehaus in Anniella with dark dorsums, possibly collected by Amos A. Heller ‘‘in sandy 1973 and 1979 and by Yadon in 1980 in intergrades with the silvery legless pine woods about Pacific Grove’’ in forest openings or edges (CDFG 1992). lizard, have been collected north of the 1903, and described by him the One of these sites is presumed to have Salinas River and more than 160 km following year (Heller 1904). Laura F. been extirpated when Poppy Hills Golf (100 miles) to the south in the Morro McDermott (1910) considered the taxon Course was developed in 1980; the other Bay and Pismo Beach areas (Miller a variety of T. oliganthum in her two are within the boundaries of the 1943); the of Anniella in treatment of the genus, but this was not Morse Botanical Reserve. these intergrade areas is unclear. Miller recognized in subsequent floras. Surveys for Trifolium trichocalyx (1943) and Bury (1985) considered the Axelrod (1982) deferred to Gillett’s were conducted in 1988. No plants were black legless lizard to be restricted to suggestion that T. trichocalyx is a found at the locations previously the coastal area between the Salinas and sporadic hybrid between T. reported by Niehaus and Yadon. Carmel Rivers. Bezy and others (1977) microcephalum and T. variegatum and However, several hundred to 1,000 showed the black legless lizard as recommended removing it from the list plants were scattered throughout the occurring in the Monterey area and of taxa considered Monterey endemics. 1987, 80-ha (200-acre) burn near somewhat south, while Stebbins (1985) This view was challenged by Vernal Huckleberry Hill, just to the east of the considered the distribution of this taxon Yadon (in litt., 1983) who had grown T. historical locations (CDFG 1992). No T. to be the Monterey Peninsula, Monterey trichocalyx and observed that it trichocalyx were found during a 1992 Bay, and Morro Bay. All of these authors consistently produces up to seven seeds survey of this area, probably because the agree that coastal specimens of Anniella per pod, while both purported parents dense cover of Pinus radiata (Monterey from between the Salinas and Carmel were two-seeded taxa. Trifolium pine) seedlings and resprouting Rivers are black legless lizards. As a trichocalyx has continued to be chaparral species did not allow the result, this proposal applies only to A. recognized as a distinct taxon by clover to persist. While no living plants p. nigra from this area and, specifically, Abrams (1944), Munz (1959), Howitt of T. trichocalyx currently exist in the range of this taxon as described by and Howell (1964) and Isely (1993) and native habitat, it is expected that a Miller (1943) and Bury (1985). is accepted as such by the Service. seedbank will persist in the soil until Based on electrophoretic analyses of they are ‘‘released’’ again by a fire event. Trifolium trichocalyx is a much- Anniella pulchra nigra individuals Major threats to the continued existence branched prostrate annual herb with collected from the vicinity of Asilomar of Trifolium trichocalyx include on the Monterey Peninsula and Fort Ord leaflets that are obovate-cuneate, 0.4 to alteration of natural fire cycles, a on Monterey Bay, Bezy and others 1.2 cm (0.2 to 0.5 inches) long, truncate proposed development that overlaps (1977) demonstrated that genetic or shallowly notched at the apex, and with the southern portion of the habitat distance between A. p. nigra and A. p. spinulose-denticulate along the margins. for the clover (as mapped in 1988), and pulchra was consistent with subspecific The numerous flowers are clustered into stochastic extinction due to the small classification. Further electrophoretic heads subtended by a laciniate-toothed amount of remaining habitat and the work has demonstrated genetic involucre. The calyces are 7 mm (0.3 ephemeral nature of the plant’s differences between dark morphs of A. inches) long, toothed, and reappearance after fires. conspicuously pilose; the purple The black legless lizard was originally p. pulchra from Morro Bay and the A. corollas scarcely equal the length of the described by Fischer in 1885 as Anniella p. nigra from the Monterey Peninsula calyx; the deciduous seed pods enclose nigra (Fischer 1885 in Murphy and (Rainey 1984). This latter work also up to seven seeds. The plant can be Smith 1991). It differs from the silvery revealed considerable differences in quite inconspicuous, as the prostrate legless lizard, A. pulchra, in having a allele frequencies among sites on the branches may be only 3 to 4 cm (1.2 to darker dorsum, shorter tail, and longer Monterey Peninsula, indicating genetic 1.6 inches) long. With favorable preanal scales. Currently, the black subdivisions even within that limited conditions, however, branches may legless lizard is considered a subspecies area. The emergence of a distinct form reach a length of 20 to 30 cm (8 to 12 of A. pulchra (Bezy et al. 1977), a of Anniella on the Monterey Peninsula inches) (Abrams 1944, Yadon, in litt., species with a range extending from the probably occurred when the Peninsula 1983). Branches from one large plant San Francisco Bay area south through was isolated from the mainland as an may spread through the forest litter and western California to northern Baja island. Also, the Peninsula at one time give the appearance of many plants. Of California, Mexico. Hunt (1983) revised extended farther to the north, providing the four species of Trifolium growing on the taxonomy, changing the name of the greater geographic isolation than at Huckleberry Hill, all except T. black legless lizard to A. nigra nigra and present. In post-Pleistocene times there trichocalyx contain two seeds per pod. the silvery legless lizard to A. nigra were also large rivers and bays in Trifolium trichocalyx is currently argenteum. However, this nomenclature lowland areas which may have further known from only one area, Huckleberry was not widely accepted. The isolated populations of Anniella (Bury Hill, covering approximately 16 hectares International Commission on Zoological 1985). (40 acres) (Ferreira 1992c) on the Nomenclature has been petitioned to The black legless lizard (Anniella Monterey Peninsula. The plant occurs conserve the name Anniella pulchra pulchra nigra) is a burrowing, limbless in openings within Monterey pine forest nigra (Murphy and Smith 1985, 1991); lizard about the diameter of a pencil and on poorly drained soils consisting of the Commission has not yet responded reaches a maximum length of about 23 coarse loamy sands. Trifolium with an official position on the subject. cm (9 inches). It has a black or dark trichocalyx appears to be a fire-follower, The Service accepts the more widely brown dorsum (hatchlings are light taking advantage of the reduced forest accepted treatment of the black legless colored) and is yellow ventrally (Fisher cover for the first few years after a fire, lizard as A. pulchra nigra. 1934, Gans et al. 1992, Hunt in prep., and then becoming more scarce as it is Anniella pulchra nigra has been Stebbins 1985). This species is shaded out or outcompeted as the forest collected primarily from coastal areas of distinguished from the silvery legless community recovers. Heller’s collection the Monterey Peninsula and Monterey lizard (A. p. pulchra) by dark dorsal in 1903 was made 2 years after a fire in Bay between the Salinas and Carmel coloration, lower dorsal caudal scale the area. Only scattered individuals Rivers (Bury 1985, Miller 1943). count, and a relatively short tail (Bezy Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39331 et al. 1977, Bury and Corn 1984, Hunt 4(b)(3)(A)) of the Act, and of the naturally caused stochastic events. 1983, Miller 1943). Service’s intention thereby to review the Those three species also appeared as Bury (1985) surveyed most potential status of the plant taxa named therein. category 1 species in the current plant habitat for the black legless lizard, as The above three taxa were included in notice of review (September 30, 1993; well as sites as far south as Morro Bay the July 1, 1975 notice. On June 16, 58 FR 51144). Cupressus goveniana ssp. and north to Ano Nuevo State Reserve 1976, the Service published a proposal goveniana was retained as a category-2 in San Mateo County where intergrades in the Federal Register (42 FR 24523) to species in the 1990 and 1993 notices of might occur. Black legless lizards were determine approximately 1,700 vascular review. found at 17 sites, all of which lie on or plant species to be endangered species Section 4(b)(3)(B) of the Act requires near approximately 45 km (28 miles) of pursuant to section 4 of the Act. the Secretary to make findings on coastline between the Salinas and Astragalus tener var. titi, Potentilla certain pending petitions within 12 Carmel Rivers. Key sites included City hickmanii, and Trifolium trichocalyx months of their receipt. Section 2(b)(1) of Monterey lands south of Salinas River were included in the June 16, 1976, of the 1982 amendments further National Wildlife Refuge, Marina State Federal Register proposal. requires that all petitions pending on Beach, and Fort Ord, all on Monterey General comments received in October 13, 1982, be treated as having Bay; and several smaller areas on the relation to the 1976 proposal were been newly submitted on that date. This Monterey Peninsula, including dunes or summarized in an April 26, 1978, was the case for Astragalus tener var. sandy areas at the U.S. Navy Post- Federal Register publication (43 FR titi, Potentilla hickmanii, and Trifolium graduate School, Monterey State Beach, 17909). The Endangered Species Act trichocalyx because the 1975 Point Pinos, Asilomar State Beach, Amendments of 1978 required that all Smithsonian report was accepted as a Spanish Bay, and Carmel State Beach. proposals over 2 years old be petition. On October 13, 1983, the The largest population of the black withdrawn. A 1-year grace period was Service found that the petitioned listing legless lizard on federal land is on the given to those proposals already more of these species was warranted but Fort Ord property. This military base is than 2 years old. In the December 10, precluded by other pending listing undergoing closure; much of the land 1979, Federal Register (44 FR 70796), actions, in accordance with section will be transferred to State and the Service published a notice of 4(b)(3)(B)(iii) of the Act; notification of University ownership, and habitat withdrawal of the portion of the June 6, this finding was published on January management plans that call for the 1976, proposal that had not been made 20, 1984 (49 FR 2485). Such a finding protection of the lizard will be final, along with four other proposals requires the petition to be recycled, developed. that had expired. pursuant to section 4(b)(3)(C)(i) of the Within the very limited range of the The Service published an updated Act. In October 1984, 1985, 1986, 1987, black legless lizard, habitat destruction notice of review for plants on December 1988, 1989, 1990, 1991 and 1992, the due to urbanization, particularly on the 15, 1980 (45 FR 82480). This notice Service found that the petitioned listing Monterey Peninsula, has severely included Astragalus tener var. titi, of Astragalus tener var. titi, Potentilla reduced the distribution of this lizard. Potentilla hickmanii, and Trifolium hickmanii, and Trifolium trichocalyx About 60 percent of all localities that trichocalyx as category-1 species. was warranted, but that the listing of historically supported black legless Category-1 species are taxa for which these species was precluded by other lizards no longer contain suitable data in the Service’s possession are pending proposals of higher priority. habitat (Lawrence E. Hunt, University of sufficient to support proposals for Publication of this proposal constitutes California, Santa Barbara, pers. comm., listing. On November 28, 1983, the the final finding for the petitioned 1993). Remaining habitat is degraded by Service published in the Federal actions on these three species. human trampling, sand mining, Register a supplement to the Notice of The portion of this proposal to list vehicular use, and introduction of Review (48 FR 53640); the plant notice Piperia yadonii is largely based on exotic plants, particularly Carpobrotus was again revised September 27, 1985 scientific and commercial information edulis (hottentot fig) and related species (50 FR 39526). In both of these notices, on the species, unpublished reports and Ammophila arenaria (Marram Astragalus tener var. titi, Potentilla from the California Department of Fish grass). Remaining habitat has also been hickmanii, and Trifolium trichocalyx and Game, and information submitted fragmented by highways and other were included as category-2 species. by Randall Morgan, which provides forms of development (Bury 1985). Category-2 species are taxa for which sufficient information to support a data in the Service’s possession indicate proposed rule to list this species as Previous Federal Action listing may be appropriate, but for endangered. Piperia yadonii first Federal government action on the five which additional data on biological appeared as a candidate in the 1993 plants began as a result of section 12 of vulnerability and threats are needed to notice of review (58 FR 51144) in the Endangered Species Act of 1973, support a proposed rule. In the 1985 category 1. which directed the Secretary of the notice, Cupressus goveniana ssp. A reevaluation of the existing data on Smithsonian Institution to prepare a goveniana (as Cupressus goveniana) was the status of Cupressus goveniana ssp. report on those plants considered to be also included for the first time as a goveniana and threats to its continued endangered, threatened, or extinct. This category-2 species. On February 21, existence provides sufficient report, designated as House Document 1990 (55 FR 6184), the plant notice was information to support a proposal to list No. 94–51, was presented to Congress again revised, and Astragalus tener var. this species as threatened. on January 9, 1975. In that report, titi, Potentilla hickmanii, and Trifolium In its original Review of Vertebrate Astragalus tener var. titi, Potentilla trichocalyx were included as category-1 Wildlife, published in the Federal hickmanii, and Trifolium trichocalyx species, primarily because of additional Register on December 30, 1982 (47 FR were recommended for endangered survey information supplied by the 58454), the Service included the black status. On July 1, 1975, the Service California Natural Diversity Data Base, legless lizard as a category-2 candidate published a notice in the Federal which indicated that the extremely for listing. Subsequent revised Register (40 FR 27823) of its acceptance limited populations of these taxa made candidate lists published September 18, of the report as a petition within the them particularly vulnerable to impacts 1985 (50 FR 37958); January 6, 1989 (54 context of section 4(c)(2) (now section from a number of human activities and FR 554); and November 21, 1991 (56 FR 39332 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules

58804), also included this taxa as a Indian Village site. Several of the private lands on Monterey Bay, but this category-2 candidate. New information planned subdivisions may adversely habitat was of limited distribution, in on the extent of habitat loss and the affect Piperia yadonii. very small parcels, and subject to effects of Carpobrotus edulis (hottentot Additional development in Pebble development (R.B. Bury, pers. comm., fig) on habitat quality now support a Beach is currently being planned that 1992). proposed rule to list this species as may affect habitat for C. goveniana ssp. Exact amount of habitat loss endangered. goveniana, P. yadonii, and T. throughout the range since 1984 has not trichocalyx (Pebble Beach Company been quantified (R.B. Bury, pers. comm., Summary of Factors Affecting the 1992). A hospice facility, to be built on 1993; T. Moss, pers. comm., 1993). Of Species lands donated by the Pebble Beach 27 localities from which legless lizards Section 4 of the Endangered Species Company and recently approved by the have been collected between the Salinas Act (16 U.S.C. 1533) and regulations (50 City of Monterey, will remove a portion and Carmel Rivers, only 10 or 11 still CFR Part 424) promulgated to of a population of P. yadonii (Earth contain suitable habitat (L. E. Hunt, implement the listing provisions of the Metrics Inc. 1992). Maintenance of pers. comm., 1993). Act set forth the procedures for adding facilities, including mowing of golf Although heavily impacted by species to the Federal Lists. A species courses and roadsides can indirectly military activities, the largest acreage of may be determined to be an endangered affect A. tener var. titi, P. hickmanii, and remaining suitable habitat for the black or threatened species due to one or more P. yadonii. legless lizard identified by Bury (1985) of the five factors described in section The black legless lizard was never occurs at Fort Ord. This U.S. Army base 4(a)(1). These factors and their widely distributed. It is still extant is scheduled to be closed, with the application to Astragalus tener Gray var. within its range between the Salinas and closure process occurring over a period titi (Eastw.) Barneby (coastal dunes Carmel Rivers; however, much of the of several years. Activities associated milk-vetch), Cupressus goveniana Gord. coastal sandy plains and dunes that with the closure process, such as ssp. goveniana (Gowen cypress), Piperia were historic habitat for this lizard have disposal (sale of the land) and clean-up, yadonii Morgan & Ackerman (Yadon’s been converted to urban or other uses, could adversely affect the species. The piperia), Potentilla hickmanii Eastw. particularly on the Monterey Peninsula. future disposition of the land is (Hickman’s potentilla), Trifolium Although precise estimates are unknown at this time, however, it is trichocalyx Heller (Monterey clover), unavailable, in 1984 Bury found fewer likely that some portion of the base will and the black legless lizard (Anniella than 35 hectares (86 acres) of suitable be acquired by the private sector for pulchra nigra Fischer) are as follows: habitat for this species on the Monterey development. Planned development at Peninsula (Bury 1985). Another 10 to 14 Sand City, adjacent to Fort Ord, would A. The Present or Threatened ha (25 to 35 acres) of potentially suitable result in a loss of black legless lizard Destruction, Modification, or habitat existed near Fan Shell Beach on Curtailment of its Habitat or Range habitat, although restoration and long- the Monterey Peninsula but was not term conservation of lands set aside for Three of the plant taxa— Astragalus surveyed at the time (R.B. Bury, Smith’s blue butterfly (Ephilotes tener var. titi, Potentilla hickmanii, and National Biological Survey, Ft. Collins, enoptes smithi), a federally listed Trifolium trichocalyx—occur solely on Colorado, pers. comm., 1993). This endangered species, would enhance the the Monterey Peninsula. The largest of habitat is still intact, but remains to be value of remaining habitat within Sand two Cupressus goveniana ssp. surveyed (T. Moss, Asilomar State City for this lizard. goveniana stands occurs on the Beach, California, pers. comm., 1993). In Monterey Peninsula, as does the largest reference to the Monterey Peninsula, B. Overutilization for Commercial, population of Piperia yadonii. Habitat Bury (1985) states that ‘‘prior habitat Recreational, Scientific, or Educational for all five plant taxa has been altered, was much more extensive but has been Purposes destroyed, and fragmented by the obliterated by urbanization, roadways, Overutilization is not currently subdivision of residential lots and sand mining, and other surface- known to be a factor for the five plant conversion to golf courses and other modifying activities.’’ taxa, but unrestricted collecting for recreational facilities. On Monterey Bay, south of the Salinas scientific or horticultural purposes or Of the approximately 4,000 hectares River, Bury (1985) identified about 374 excessive visits by individuals (ha) (10,000 acres) of Monterey Pine hectares (925 acres) of potential interested in seeing rare plants could forest mapped on the Peninsula by the Anniella pulchra nigra habitat, but result from increased publicity U.S. Forest Service in the 1930s, less nearly all areas examined were following publication of this proposal. than 10 percent remains. This remaining impacted by one or more human uses Piperia yadonii, like many other orchids 10 percent is comprised of scattered suspected of negatively impacting and showy-flowered monocots, may be islands of forest, the largest of which are legless lizard habitat and populations, particularly vulnerable to collecting by a few hundred hectares (several including sand mining, human amateur and professional hundred acres) in size. The Pebble trampling, military activities, and off- horticulturalists due to the plant’s Beach Company is currently developing road vehicle activities. The largest attractive flower and the ease with a proposal to convert 277 ha (685 acres) contiguous tract of black legless lizard which it can be transplanted. into 17 residential subdivisions, another habitat exists at Ford Ord, although Vandalism is a potential threat for golf course, and associated recreational estimates on the extent of habitat differ. these plant species. The sites that these facilities (Pebble Beach Company 1992). Estimates of suitable habitat at Fort Ord plants inhabit could be easily Several of these subdivisions could vary from 190 hectares (470 acres) (Bury vandalized, resulting in the destruction remove individuals or clumps of 1985) to 1,206 hectares (2,980 acres) of the plants. Many of the sites where Cupressus goveniana ssp. goveniana (U.S. Army Corps of Engineers 1993). these plants exist are small and easily that currently survive as islands of The latter figure is based primarily on accessible, increasing their native vegetation within the golf course potentially suitable habitat in which the susceptibility to destruction. landscape. A planned subdivision is presence of the black legless lizard has Although the black legless lizard is of adjacent to occurrences of T. trichocalyx not been confirmed. Additional suitable interest to many people because it is an and Astragalus tener var. titi at the habitat existed in 1984 on unsurveyed unusual reptile, overutilization does not Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39333 appear to be a factor threatening the law appears to exempt the taking of Marina and Monterey State Beaches, species (Bury 1985). The State of such plants via habitat modification or and land management practices on California prohibits taking or possession land use change by the landowner. After Federal lands, including the Salinas of black legless lizards without a special the California Department of Fish and River National Wildlife Refuge, Fort permit (see Factor D). Federal listing Game notifies a landowner that a State- Ord, and the Naval Post-graduate could raise the interest in this animal listed plant grows on his or her School. The black legless lizard is often among reptilian trade markets and property, State law requires only that given special consideration in land use increase the threat of collection. Interest the landowner notify the agency ‘‘at planning and National Environmental in the species among reptile collectors least 10 days in advance of changing the Policy Act and California could pose a serious threat to land use to allow salvage of such plant’’ Environmental Quality Act compliance populations that contain few (section 1913). documents. The California Coastal Act individuals. The Pebble Beach Company, the regulates approval of developments primary landowner on the Monterey C. Disease or Predation within the coastal zone and has slowed Peninsula, has developed policy to the loss of coastal habitats such as the Disease and predation are not known protect sensitive species and habitats for dunes and sand habitats used by black to be factors affecting the five plant taxa current management activities, as well legless lizards. This species has also being proposed as endangered. Several as planning of future development been afforded some protection references discuss diseases that affect (Fryberger, in litt., 1992). While portions indirectly through special management cypresses (Peterson 1967, Wagener of the Astragalus tener var. titi for Federal candidate plant species that 1948). However, diseases, such as the population and the Potentilla hickmanii occur in coastal areas. Where the black oak root fungus (Armillariella mellea) population have been fenced off, the legless lizard is sympatric with the and the canker-producing strain of remaining portions remain vulnerable to endangered Smith’s blue butterfly, Cornyeum, primarily seem to attack disturbance. No specific protection protection of habitat for the butterfly has cypresses planted outside of their native currently exists for Piperia yadonii. also benefitted the legless lizard. range and in nursery settings (Wagener Cupressus goveniana ssp. goveniana These regulatory mechanisms have 1948). No signs of disease or predation and habitat for T. trichocalyx are slowed the loss, degradation, and have been noted by biologists familiar partially protected by the restriction on fragmentation of black legless lizard with the two Cupressus goveniana ssp. development within the Morse Reserve. habitat, but additional protection is goveniana stands (Jim Griffin, Research However, development of a golf course needed to address regional habitat Botanist, Hastings Natural History in the early 1980s removed a significant conservation and long-term survival and Reservation, Carmel Valley, CA, pers. number of C. goveniana ssp. goveniana recovery of this species. comm., 1992, Yadon, pers. comm., trees and fragmented the remaining 1992). habitat. Development is currently being Sand City is in the process of The black legless lizard has no known planned within historical habitat for developing a habitat conservation plan diseases, and, although it harbors some both of these taxa adjacent to the for a 13 acre area known as East Dunes. internal parasites (Hunt and Reserve. This area supports Smith’s blue vanLobenSels in press in Bury 1985), A management plan for Point Lobos butterfly (Euphilotes enoptes smithi), populations of this lizard do not seem State Park (California Department of Gilia tenuiflora var. arenaria (sand to be negatively affected by either Parks and Recreation 1979) states that gilia), Chorizanthe pungens var. disease or parasites. Many lizards have the major management effort within the pungens (Monterey spineflower), broken or scarred tails, indicating preserve will be ‘‘management toward species that are federally listed as possible attempted predation (Bury the pristine state, that is, the state the endangered, and the black legless lizard. 1985). Miller (1944) indicated predation ecosystem(s) would have achieved if Sand City is including the black legless by feral house cats may affect some European man had not interfered,’’ but lizard in this planning process, and it is populations. also to provide limited public access to likely that the plan would adequately the Cupressus goveniana ssp. goveniana provide for the conservation needs of D. The Inadequacy of Existing area. The stand is currently protected the lizard on this one site. Regulatory Mechanisms from human disturbance by virtue of its E. Other Natural or Manmade Factors Under the Native Plant Protection Act isolation and lack of public access, but Affecting Its Continued Existence (California Fish and Game Code section the acquisition of key parcels now in 1900 et seq.) and the California private ownership may allow for Two of the five plant taxa occur in Endangered Species Act (California Fish development of limited public access. small patches of meadow habitat and Game Code section 2050 et seq.), Any future development on adjacent containing a high percentage of non- the California Fish and Game private parcels may increase the native taxa. Along 17-Mile Drive, Commission has listed Astragalus tener vulnerability of C. goveniana ssp. Astragalus tener var. titi occurs with the var. titi, Potentilla hickmanii, and goveniana to human disturbance. non-native Plantago coronopus (cut-leaf Trifolium trichocalyx as endangered. The black legless lizard is listed as a plantain) and Carpobrotus edulis. These Piperia yadonii and Cupressus protected reptile under Section 650 of non-native species spread rapidly and goveniana ssp. goveniana are on List 1B the California Sport Fishing regulations. compete aggressively with native of the California Native Plant Society’s Except under special permit from the species for space. The Pebble Beach (CNPS) Inventory (CNPS 1992), California Department of Fish and Company has an active C. edulis indicating that, in accordance with Game, collection of black legless lizards eradication program in and adjacent to section 1901, of the California is prohibited by the State of California. the exclosure on the ocean side of 17- Department of Fish and Game Code, it The habitat of this species, however, is Mile Drive. However, C. edulis has been is eligible for State listing. Though both not specifically protected by any State planted and is being maintained within the Native Plant Protection Act and the or Federal regulation. Land use on black a few feet of the unfenced portion of the California Endangered Species Act legless lizard habitat is controlled by milk-vetch habitat on the inland side of prohibit the ‘‘take’’ of State-listed plants local zoning, California State Park 17-Mile Drive, and P. coronopus, a (section 1908 and section 2080), State regulations on State parks such as prolific seeder, is physically crowding 39334 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules out native species on both sides of 17- fire has been so vigorous that the pine variability from such events may leave Mile Drive (Ferreira 1992a). may be expanding its range at the species unable to adapt to changing The only population of Potentilla expense of Cupressus goveniana ssp. environmental conditions (Brussard hickmanii occurs at Indian Village, goveniana. Yadon (retired Director, 1985, Menges 1990, Shaffer 1981). where Ferreira (1992b) noted four non- Pacific Grove Museum of Natural Existing black legless lizard habitat is native grass taxa associated with the History, pers. comm., 1992) believes severely fragmented due to construction potentilla at this site: Aira caryophylla, that the pine’s preference for richer soils of roads, golf courses, and other urban Bromus mollis, Festuca arundinacea, than those that support C. goveniana development that creates barriers to and Lolium multiflorum. The Festuca ssp. goveniana would prevent long-term movement and isolates populations. may have been introduced in a establishment of pines in C. goveniana Some extant populations are restricted ‘‘meadow mix’’ used on adjacent ssp. goveniana habitat. to extremely small habitat patches, such fairways; its stature and invasiveness Alteration of habitat due to as at Monterey State Beach and the U.S. appear to offer competition to the continuing recreational use of portions Navy Post-Graduate School, where a potentilla. Plantago coronopus is also of Pebble Beach threaten the population persists on a remnant 0.5- present at this site. precipitously small populations of hectare (1.2-acre) habitat patch (Bury Cortaderia atacamensis (pampasgrass) Astragalus tener var. titi, and Potentilla 1985). Because of small size, these and Cytisus sp. (genesta) are two other hickmanii. Trampling by humans and fragmented populations have an alien plant taxa that compete with horses can affect these taxa directly, as increased probability of extinction from native species on the Monterey well as alter soil compaction and stochastic (i.e., random) events (Wilcox Peninsula. The Pebble Beach Company erodability such that non-native taxa and Murphy 1985). Once extirpated, has an on-going eradication program for increase at the expense of native taxa. isolation can prevent recolonization of these two taxa in the Huckleberry Hill At least three, and possibly all, of the these habitat patches (Frankel and Soule area adjacent to the Cupressus five plant taxa are threatened with 1981). goveniana ssp. goveniana. However, stochastic extinction by virtue of the The black legless lizard exhibits numerous fire roads provide open limited number of individuals and/or relatively low fecundity and it is habitat for these invasive taxa and it is range of the existing populations. suspected that not all adult females unlikely that they will ever be Inbreeding may affect small breed each year (Goldberg and Miller completely eradicated from the area. populations, making local extirpations 1985, Miller 1944). The related silvery Nearly all occupied or potentially more likely from the inability to legless lizard has a 4 month gestation occupied black legless lizard localities produce viable offspring in sufficient period, and produces only 1 or 2 eggs have substantial populations of exotic numbers. Small populations are also per adult female per year (Goldberg and plants, particularly Carpobrotus edulis vulnerable to extinction by a single Miller 1985). Similarly, an average of (hottentot fig). Legless lizards are human-caused or natural event. While 1.7 eggs were found in the oviducts of primarily associated with moist soil and annual plant taxa, such as Astragalus black legless lizards (Miller 1944). This leaf litter under native vegetation such tener var. titi, will undergo radical low reproductive potential implies as Lupinus albifrons (bush lupine), fluctuations in population size, the relatively long population recovery Haplopappus ericoides (mock heather), long-term perpetuation of this taxa times and a heightened sensitivity to and Artemisia sp. (sagewort), and are depends on maintaining seed habitat impacts such as off-road less abundant in areas dominated by C. production at some critical level, and vehicles, trampling, and other edulis (Bury 1985, City of Sand City maintaining appropriate habitat for disturbances. 1992, Miller 1944, Morey 1988, Stebbins population expansion. While short-lived Strong storms and extreme high tides 1954). As part of habitat restoration perennial taxa like Piperia yadonii and periodically occur at Monterey Bay. efforts at Asilomar State Beach, over 12 Potentilla hickmanii may be able to These high tides can result in erosion of hectares (30 acres) of C. edulis were persist through a few climatically coastal dunes and shorelines, causing removed by hand. During this effort, unfavorable years, it is still essential to destruction of habitat and mortality of black legless lizards were not found in maintain critical seed production levels black legless lizards. Without adjacent pure stands of C. edulis, but were and to maintain appropriate habitat. refugia, such habitats can become encountered where native shrubs were Trifolium trichocalyx exemplifies a devoid of lizards with little chance of mixed with the hottentot fig (T. Moss, taxon that may persist only as a recolonization. Because of the pers. comm., 1993). Hottentot fig may seedbank for years until released by a fragmented distribution and relatively negatively affect insect populations, the fire event. Maintaining habitat and low reproductive potential of the black prey base for the black legless lizard certain fire management prescriptions legless lizard, these natural events may (Miller 1944, Stebbins 1954), and thus, may be required to prevent the increase the chance of local adversely affect Anniella populations extinction of this species. extirpations. (Bury 1985). The range occupied by Cupressus As mentioned in Factor A, the alien Fire plays an important role in the goveniana ssp. goveniana is considered plant Carpobrotus edulis may negatively regeneration of all cypress taxa. extremely small; only Cupressus impact native insect populations that Alteration of the natural fire cycle may abramsiana (Santa Cruz cypress) and C. provide prey for Anniella species negatively affect Cupressus goveniana macrocarpa (Monterey cypress) have (Miller 1944) and that could ssp. goveniana regeneration. Fire is stands that occupy as few hectares conceivably affect Anniella populations essential since it opens cones that (acres) as C. goveniana ssp. goveniana (Bury 1985). otherwise remain unopened on the (Griffin and Critchfield 1976). The Service has carefully assessed the trees, and it creates conditions Apparently the 1901 fire on Huckleberry best scientific and commercial appropriate for seedling establishment Hill reduced C. goveniana ssp. information available regarding the past, (Vogl et al. 1988). goveniana to only a few hectares. present, and future threats faced by Griffin (pers. comm., 1992) and Though later observers commented on these species in determining to propose Ferreira (1992c) have noted that the extent of recolonization after the fire this rule. Based on this evaluation, the establishment of Pinus radiata (Dunning 1906 in Vogl et al. 1988, Wolf Service finds that Astragalus tener var. (Monterey pine) seedlings after the 1987 1948), the reduction in genetic titi, Piperia yadonii, Potentilla Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39335 hickmanii, Trifolium trichocalyx, and (1) the species is imperiled by taking or recovery actions, requirements for the black legless lizard are in imminent other human activity, and identification Federal protection, and prohibitions danger of extinction throughout all or a of critical habitat can be expected to against certain activities. Recognition significant portion of their ranges. increase the degree of such threat to the through listing encourages and results Threats to these four taxa include one or species; or (2) such designation of in conservation actions by Federal, more of the following: habitat critical habitat would not be beneficial State, and private agencies, groups, and destruction, residential development, to the species. individuals. The Endangered Species road maintenance activities, In the case of Astragalus tener var. titi, Act provides for possible land competition from alien plants, alteration Potentilla hickmanii, Piperia yadonii, acquisition and cooperation with the of natural fire cycles, military activities, Cupressus goveniana ssp. goveniana, States and requires that recovery actions and extinction from stochastic events. Trifolium trichocalyx, and the black be carried out for all listed species. Such For the reasons discussed above, the legless lizard both criteria are met. The actions are initiated by the Service Service finds that Cupressus goveniana publication of critical habitat following a listing. The protection ssp. goveniana is likely to become descriptions and maps required in a required of Federal agencies and the endangered within the foreseeable proposal for critical habitat could prohibitions against certain activities future throughout all or a significant increase the degree of threat to these six involving listed plants are discussed, in portion of its range due to habitat taxa from possible take or vandalism part, below. alteration and destruction, urban and, therefore, could contribute to their Section 7(a) of the Act, as amended, development, disruption of natural fire decline and increase enforcement requires Federal agencies to evaluate cycles, competition from alien plants, problems. These six taxa occur within their actions with respect to any species and stochastic events. The Service has small areas at few locations and are that is proposed or listed as endangered determined that threatened rather than vulnerable to stochastic extinction. The or threatened and with respect to its endangered status is appropriate for C. listing of these plants and the lizard as critical habitat, if any is being goveniana ssp. goveniana primarily either endangered or threatened designated. Regulations implementing because one of two populations (the publicizes the rarity of the taxa and thus this interagency cooperation provision Gibson Creek stand managed by the can make them attractive to researchers, of the Act are codified at 50 CFR Part California Department of Parks and curiosity seekers, or collectors of rare 402. Section 7(a)(4) of the Act requires Recreation) has not been significantly plants or animals. Federal agencies to confer informally affected by human activities. Also, since A determination of critical habitat with the Service on any action that is it is long-lived, C. goveniana ssp. would result in no known benefit to likely to jeopardize the continued goveniana may be able to withstand a these taxa. The closure of Fort Ord is existence of a proposed species or result certain level of habitat disturbance as resulting in the transfer of lands to State in destruction or adverse modification long as sufficient habitat is maintained. Parks and the University of California at of proposed critical habitat. If a species Other alternatives to this action were Santa Cruz ownership. These lands will is listed subsequently, section 7(a)(2) considered but not preferred because be designated as protected habitats for requires Federal agencies to insure that not listing this species at all would not which habitat management plans are activities they authorize, fund, or carry provide adequate protection and not be under development. Other than the Fort out are not likely to jeopardize the in keeping with the purposes of the Act, Ord property, most of the known continued existence of such a species or and listing it as endangered would not populations of these species are found to destroy or adversely modify its be appropriate, as the California on state or private lands where Federal critical habitat. If a Federal action may Department of Parks and Recreation has involvement in land-use activities does affect a listed species or its critical decreased the danger of extinction at the not generally occur. Additional habitat, the responsible Federal agency present time. Therefore, the preferred protection resulting from critical habitat must enter into formal consultation with action is to propose Astragalus tener designation is achieved through the the Service. var. titi, Piperia yadonii, Potentilla section 7 consultation process. Since Two of the taxa, Piperia yadonii hickmanii, Trifolium trichocalyx, and section 7 would not apply to land-use (Yadon’s piperia) and the black legless the black legless lizard as endangered; activities occurring on State and private lizard, occur within the boundaries of and Cupressus goveniana ssp. lands and Fort Ord will designate Fort Ord. Military training activities goveniana as threatened. protected habitats for these species, may affect these taxa and their habitat critical habitat designation would not as could the Federal decision for the Critical Habitat appreciably benefit these species. ultimate disposition of this property. Section 4(a)(3) of the Act, as All Federal and State agencies The Department of Defense would be amended, requires that, to the maximum involved and local major land owners required to consult with the Service on extent prudent and determinable, the and planning agencies have been actions that may affect these two Secretary designate critical habitat at the notified of the general location and species. Other Federal lands that time the taxa are determined to be importance of protecting these species’ support habitat for the black legless endangered or threatened. Critical habitat. Protection of these species’ lizard include the Salinas National habitat results in additional protection habitat will be addressed through the Wildlife Refuge and the Naval Post- to a species’ habitat with respect to recovery process and through the graduate School in Monterey; however, projects that are federally authorized, section 7 consultation process. there are no currently proposed funded, or carried out, through the Therefore, the Service finds that activities on those lands that would consultation requirements described in designation of critical habitat for these affect the lizard. Urban development section 7 of the Act. The Service finds species is not prudent at this time. projects that are occurring on private that designation of critical habitat is not lands may require permits from Federal presently prudent for these taxa. The Available Conservation Measures agencies, such as section 404 permits Service’s regulations (50 CFR Conservation measures provided to from the Army Corps of Engineers. 424.12(a)(1)) state that designation of species listed as endangered or The Act and its implementing critical habitat is not prudent when one threatened under the Endangered regulations found at 50 CFR 17.61, or both of the following situations exist: Species Act include recognition, 17.62, and 17.63 for endangered plants, 39336 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules and at 50 CFR 17.71 and 17.72 for trap, capture, collect, or attempt any final regulation that differs from this threatened plants set forth a series of such conduct), import or export, proposal. general prohibitions and exceptions that transport in interstate or foreign The Endangered Species Act provides apply to all endangered or threatened commerce in the course of commercial for a public hearing on this proposal, if plants. With respect to the four plant activity, or sell or offer for sale in requested. Requests must be received by taxa proposed to be listed as interstate or foreign commerce any September 25, 1995. Such requests must endangered, all trade prohibitions of listed wildlife species. It also is illegal be made in writing and addressed to the section 9(a)(2) of the Act, implemented to possess, sell, deliver, carry, transport, Field Supervisor of the Ventura Field by 50 CFR 17.61 and 17.71, would or ship any such wildlife that has been Office (see ADDRESSES section). apply. These prohibitions, in part, make taken illegally. Certain exceptions apply it illegal with respect to any endangered to agents of the Service and State National Environmental Policy Act plant for any person subject to the conservation agencies. The Fish and Wildlife Service has jurisdiction of the United States to Permits may be issued to carry out determined that an Environmental import or export; transport in interstate otherwise prohibited activities Assessment, as defined under the or foreign commerce in the course of a involving endangered wildlife species authority of the National Environmental commercial activity; sell or offer for sale under certain circumstances. Policy Act of 1969, need not be these species in interstate or foreign Regulations governing permits are at 50 prepared in connection with regulations commerce; remove and reduce to CFR 17.22 and 17.23. Such permits are adopted pursuant to section 4(a) of the possession the species from areas under available for scientific purposes, to Endangered Species Act of 1973, as Federal jurisdiction; maliciously enhance the propagation or survival of amended. A notice outlining the damage or destroy any such species on the species, and for incidental take in Service’s reasons for this determination any area under Federal jurisdiction; or connection with otherwise lawful was published in the Federal Register remove, cut, dig up, damage, or destroy activities. on October 25, 1983 (48 FR 49244). any such endangered plant species on Requests for copies of the regulations any other area in knowing violation of on listed plants and wildlife and References Cited any State law or regulation or in the inquiries regarding them may be A complete list of all references cited course of any violation of a State addressed to the U.S. Fish and Wildlife herein is available upon request from criminal trespass law. Cupressus Service, Permits Branch, 911 N.E. 11th the Ventura Field Office (see ADDRESSES goveniana ssp. goveniana (Gowen Avenue, Portland, OR 97232–4181 section). cypress), proposed to be listed as (telephone 503/231–6241, facsimile threatened, would be subject to similar 503/231–6243). Authors prohibitions (16 U.S.C. 1538(a)(2)(E); 50 CFR 17.61, 17.71). Public Comments Solicited The primary authors of this notice are Seeds from cultivated specimens of The Service intends that any final Constance Rutherford and James threatened plant species are exempt action resulting from this proposal will Rorabaugh, Ventura Field Office (see from these prohibitions provided that a be as accurate and as effective as ADDRESSES section). statement of ‘‘cultivated origin’’ appears possible. Therefore, comments or List of Subjects in 50 CFR Part 17 on their containers. Certain exceptions suggestions from the public, other Endangered and threatened species, apply to agents of the Service and State concerned governmental agencies, the Exports, Imports, Reporting and conservation agencies. The Act and 50 scientific community, industry, or any recordkeeping requirements, and CFR 17.62, 17.63, and 17.72 also other interested party concerning this Transportation. provide for the issuance of permits to proposed rule are hereby solicited. carry out otherwise prohibited activities Comments particularly are sought Proposed Regulations Promulgation involving endangered or threatened concerning: plant species under certain (1) Biological, commercial trade, or PART 17Ð[AMENDED] circumstances. Several central coast other relevant data concerning any Accordingly, it is hereby proposed to nurseries have cultivated Cupressus threat (or lack thereof) to these species; amend part 17, subchapter B of chapter goveniana ssp. goveniana on occasion, (2) The location of any additional I, title 50 of the Code of Federal but it apparently is not popular enough populations of these species and the Regulations, as set forth below: to be kept in stock on a regular basis. reasons why any habitat should or The Pebble Beach Company is actively should not be determined to be critical 1. The authority citation for Part 17 cultivating this plant to be used in habitat as provided by section 4 of the continues to read as follows: efforts to restore disturbed habitat Act; Authority: 16 U.S.C. 1361–1407; 16 U.S.C. (Fryberger, in litt., 1992). (3) Additional information concerning 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– The Act and implementing the range, distribution, and population 625, 100 Stat. 3500; unless otherwise noted. regulations found at 50 CFR 17.21 set size of these species; and 2. It is proposed to amend § 17.11(h) forth a series of general prohibitions and (4) Current or planned activities in the by adding the following, in alphabetical exceptions that apply to all endangered subject area and their possible impacts order under REPTILES, to the List of wildlife. With respect to the black on these species. Endangered and Threatened Wildlife: legless lizard, these prohibitions, in The final decision on this proposal part, would make it illegal for any will take into consideration the § 17.11 Endangered and threatened person subject to the jurisdiction of the comments and any additional wildlife. United States to take (including harass, information received by the Service, and * * * * * harm, pursue, hunt, shoot, wound, kill, such communications may lead to a (h) * * * Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39337

Species Verte- brate popu- lation Critical Special Historic range where en- When listed Status habitat rules Common name Scientific name dangered or threat- ened

******* REPTILES

******* Lizard, black legless .... Anniella pulchra nigra U.S.A. (CA) ...... Entire ...... E NA NA

*******

3. Section 17.12(h) is amended by the List of Endangered and Threatened § 17.12 Endangered and threatened plants. adding the following, in alphabetical Plants to read as follows: * * * * * order under FLOWERING PLANTS to (h) * * *

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

FLOWERING PLANTS

******* Astragalus tener var. Coastal dunes milk- U.S.A. (CA) ...... Fabaceae ...... E ...... NA NA titi. vetch.

******* Cupressus Gowen cypress ...... U.S.A. (CA) ...... Cupressaceae ...... T ...... NA NA goveniana ssp. goveniana.

******* Piperia yadonii ...... Yadon's piperia ...... U.S.A. (CA) ...... Orchidaceae ...... E ...... NA NA

******* Potentilla hickmanii . Hickman's potentilla U.S.A. (CA) ...... Rosaceae ...... E ...... NA NA

******* Trifolium trichocalyx Monterey clover ...... U.S.A. (CA) ...... Fabaceae ...... E ...... NA NA

*******

Dated: December 30, 1994. ACTION: Proposed rule. Bernardino and San Jacinto mountains. Mollie H. Beattie, Arenaria ursina, Castilleja cinerea, and Director, U.S. Fish and Wildlife Service. SUMMARY: The Fish and Wildlife Service Eriogonum kennedyi var. Editorial note: This document was (Service) proposes to list two plants as austromontanum occur primarily on received at the Office of the Federal Register endangered under the Endangered pebble plains that are relatively open on July 27, 1995. Species Act of 1973, as amended (Act): areas with clay soils. Poa atropurpurea Poa atropurpurea (San Bernardino and Taraxacum californicum are found [FR Doc. 95–18811 Filed 8–1–95; 8:45 am] bluegrass) and Taraxacum californicum in mountain meadows. The only known BILLING CODE 4310±55±P (California dandelion). The Service also population of Trichostema proposes to list five plants as austromontanum ssp. compactum is threatened: Arabis johnstonii 50 CFR Part 17 associated with an ephemeral pond. (Johnston’s rock-cress), Arenaria ursina Arabis johnstonii is found in forest and (Bear Valley sandwort), Castilleja chaparral habitats. These seven taxa are RIN 1018±AD34 cinerea (ash-grey Indian paintbrush), threatened by one or more of the Endangered and Threatened Wildlife Eriogonum kennedyi var. following: urbanization, habitat and Plants; Proposed Endangered or austromontanum (southern mountain degradation by domestic animals, Threatened Status for Seven Plants wild buckwheat), and Trichostema grazing, competition from introduced From the Mountains of Southern austromontanum ssp. compactum weeds, off-road vehicle (ORV) use, California (Hidden Lake bluecurls). trampling, recreational development, These species are restricted to the alteration of the hydrologic regime, AGENCY: Fish and Wildlife Service, Transverse and Peninsular Ranges of overcollection, and genetic absorption Interior. southern California, primarily the San with exotic species. Poa atropurpurea,