39314 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules determined to be critical as provided National Environmental Policy Act List of Subjects in 50 CFR Part 17 by section 4 of the Act; (3) Additional information concerning the The Fish and Wildlife Service has Endangered and threatened species, range, distribution, and population size of determined that Environmental Exports, Imports, Reporting and the species; and Assessments or Environmental Impact recordkeeping requirements, and (4) Current or planned activities in the Transportation. subject areas and their possible impacts on Statements, as defined under the the species. authority of the National Environmental Proposed Regulation Promulgation Policy Act of 1969, need not be The Service specifically solicits Accordingly, the Service hereby expert opinion from independent prepared in connection with regulations proposes to amend part 17 subchapter B specialists regarding pertinent scientific adopted pursuant to section 4(a) of the of chapter I, title 50 of the Code of or commercial data and assumptions Endangered Species Act of 1973, as Federal Regulations, as set forth below: relating to , population amended. A notice outlining the models, and supportive biological and Service’s reasons for this determination PART 17Ð[AMENDED] was published in the Federal Register ecological information. 1. The authority citation for part 17 Final promulgation of the regulation on October 25, 1983 (48 FR 49244). continues to read as follows: on this species will take into consideration the comments and any References Cited Authority: 16 U.S.C. 1361–1407; 16 U.S.C. additional information received by the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– A complete list of all references cited 625, 100 Stat. 3500, unless otherwise noted. Service, and such communications may herein is available upon request from lead to a final regulation that differs the Field Supervisor, Sacramento Field 2. Section 17.12(h) is amended by from this proposal. Office (see ADDRESSES section). adding the following, in alphabetical The Endangered Species Act provides order under FLOWERING , to for a public hearing on this proposal, if Author the List of Endangered and Threatened requested. Requests must be received by Plants, to read as follows: September 25, 1995. Such requests must The primary author of this proposed be made in writing and be addressed to rule is Elizabeth Warne, Sacramento § 17.12 Endangered and threatened plants. the Field Supervisor, Sacramento Field Field Office (see ADDRESSES section). * * * * * Office (see ADDRESSES section). (h) * * *

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

FLOWERING PLANTS

******* Arctostaphylos Pallid manzanita ..... U.S.A. (CA) ...... EricaceaeÐHeath .T NA NA pallida.

*******

Dated: July 5, 1995. pitkinense (Pitkin Marsh lily), DATES: Comments from all interested Mollie H. Beattie, strictus (Calistoga parties must be received by October 9, Director, Fish and Wildlife Service. allocarya), napensis (Napa 1995. Public hearing requests must be [FR Doc. 95–18813 Filed 8–1–95; 8:45 am] bluegrass), oregana ssp. valida received by September 25, 1995. BILLING CODE 4310±55±P (Kenwood marsh checkermallow), and ADDRESSES: Comments and materials Trifolium amoenum (showy Indian concerning this proposal should be sent ) as endangered pursuant to the to the Field Supervisor, U.S. Fish and 50 CFR Part 17 Endangered Species Act of 1973, as Wildlife Service, Sacramento Field RIN 1018±AD36 amended (Act). These nine species grow Office, 2800 Cottage Way, Room E– in a variety of including valley 1803, Sacramento, 95825– Endangered and Threatened Wildlife grasslands, meadows, freshwater 1846. Comments and materials received and Plants; Proposed Endangered marshes, seeps, and broad-leaf upland will be available for public inspection, Status for Nine Plants from the forests in Marin, Napa, and Sonoma by appointment, during normal business Grasslands or Mesic Areas of the counties on the central coast of hours at the above address. Central Coast of California California. Habitat loss and degradation, FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field Supervisor, AGENCY: Fish and Wildlife Service, competition from aggressive Sacramento Field Office (see ADDRESSES Interior. species, elimination through plant community succession, grazing, section) (telephone 916/979–2710; ACTION: Proposed rule. inadequate regulatory mechanisms, facsimile 916/979–2723). SUMMARY: The Fish and Wildlife Service collection for horticultural use, and SUPPLEMENTARY INFORMATION: (Service) proposes to list hydrological modifications to wetland aequalis var. sonomensis (Sonoma areas threaten the continued existence Background alopecurus), clarianus (Clara of these plants. This proposal, if made Populations of the nine plant species Hunt’s milkvetch), Carex albida (white final, would implement the Federal in this proposed rule are found in sedge), imbricata (Vine Hill protection and recovery provisions Sonoma County and east as far as Napa clarkia), Lilium pardalinum ssp. afforded by the Act for these plants. Valley, California. Alopecurus aequalis Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39315 var. sonomensis (Sonoma alopecurus), the pea family (). Astragalus Napa. Two remaining populations occur Carex albida (white sedge), Clarkia clarianus, a slender, sparsely leafy on private land. imbricata (Vine Hill clarkia), Lilium plant, is sparingly covered with sharp, Edward Greene (1892) and Willis pardalinum ssp. pitkinense (Pitkin stiff, appressed hairs. The simple single Jepson (1901) treated Plagiobothrys Marsh lily), Sidalcea oregana ssp. or few basally branching, ascending strictus as Allocarya stricta and valida (Kenwood Marsh stems reach 7 to 20 centimeters (cm) (3 Allocarya californica var. stricta, checkermallow), and Trifolium to 8 inches (in.)) in height. The leaves respectively, before Ivan Johnston amoenum (showy Indian clover) are are alternate, 1.5 to 6.0 cm (0.5 to 2.5 (1923) assigned the present name, found in mesic areas mostly within 33 in.) long, with 5 to 9 uncrowded leaflets , to specimens kilometers (km) (15 miles (mi)) of the 2 to 10 millimeters (mm) (0.1 to 0.4 in.) collected on alkaline flats near sulphur central coast of California. Astragalus long. The leaflets are oblong to obovate, springs at Calistoga, Napa County, clarianus (Clara Hunt’s milkvetch), narrow at the base, and notched at the California. Plagiobothrys strictus is a Plagiobothrys strictus (Calistoga tip. Small, pea-like flowers appear from small, erect, annual herb belonging to the borage family (). allocarya), and (Napa March through April. The petals are Plagiobothrys strictus grows 1 to 4 bluegrass) are found up to 70 km (32 mi) bicolored, with the wings whitish and decimeters (dm) (4 to 15 in.) in height. inland in a variety of habitats around the banner and keel purple in the upper the City of Calistoga in the Napa Valley, The nearly hairless plant has either a third. The keel is longer and wider than California. Urbanization, road single stem or branches from near the the wings. The horizontal to declining construction, a possible water storage base. The linear lower leaves are 4 to 9 seed pods are narrow, linear, slightly project, airport construction, cm (1.5 to 4 in.) long. Small, usually development of hot springs into curved, pointed at both ends, and occur paired, white flowers appear in March commercial resorts, agricultural land on a 1.5 to 2.5 mm (0.06 to 0.10 in.) long to April in a slender, unbranched conversion, wetland drainage, waste slender stalk. Astragalus rattanii var. . The fruit is an egg-shaped disposal, competition with aggressive jepsonianus looks similar to A. nutlet about 1.5 mm (0.6 in.) long, plant species, collection for clarianus, but grows 10 to 36 cm (4 to keeled on the back, with wart-like horticultural use, and livestock grazing 14 in.) tall, has larger flowers, and seed projections without any prickles. have destroyed much of the habitat and pods that are not elevated on a seed Plagiobothrys greenei, P. lithocaryus, P. numerous populations of these nine stalk. mollis var. vestitus, P. stipitatus, and P. plant species. Historically, these nine Astragalus clarianus is found on thin, tener occur in vernal pools and have species have not been known to occur rocky clay soils derived from volcanic ranges that overlap with the range of outside of Alameda, Marin, Mendocino, substrates in foothill grasslands, in Plagiobothrys strictus, but they do not Napa, Santa Clara, Solano, and Sonoma openings in Arctostaphylos (manzanita), resemble P. strictus. counties. and in openings in Quercus douglasii Plagiobothrys strictus is found in vernal pools adjacent to and fed by hot Discussion of Inland Species (blue oak) woodlands over an elevational range of 75 to 225 meters (m) springs and small geysers in foothill The habitats in which Plagiobothrys (240 to 750 feet (ft)). Historically, six grasslands at an elevational range of 90 strictus and Poa napensis can be found populations were known from Napa and to 160 m (300 to 500 ft). Three historical include meadows near small thermal Sonoma counties. Two historical populations occurred within a 3 km (2 hot springs underlain by gravelly loams populations have been extirpated by mi) radius of Calistoga, Napa County, mixed with clays that are associated California. One population has been urbanization and viticulture (California with high water tables. High extirpated by urbanization and Natural Diversity Data Base (CNDDB) concentrations of boron, arsenic, and agricultural land conversion. One 1993). The population at the type sulfates, which are usually toxic to remaining population of P. strictus locality was reduced in size by the plants, are found in thermal pools and occurs at a small, undeveloped thermal creation of Lake Hennessey in the meadows. A few unique plants have hot spring. The other population occurs evolved under these normally adverse 1940s. Currently, three populations are at the Calistoga Airport in the center of conditions, including P. strictus and P. found in northwestern Napa County and the city of Calistoga. The combined area napensis. Astragalus clarianus occurs in one on the eastern side of adjacent of the two remaining populations in openings within valley grasslands or in Sonoma County. Collectively, the four Napa County is less than 80 square (sq) broad-leaf upland forests. Astragalus populations of A. clarianus are scattered m (900 sq ft) (California Native Plant clarianus, P. strictus, and P. napensis over approximately 16 hectares (ha) (40 Society (CNPS) 1990). Most of the have only been found in Napa and acres (ac)) (CNDDB 1994). ‘‘The trend thermal hot springs in Napa County Sonoma counties. Large amounts of for Clara Hunt’s milkvetch is one of have been developed. The remaining habitat have been lost to urbanization, decline as a result of habitat destruction undeveloped hot springs occupy very road construction, lake building, airport and modification’’ (California few acres (Dave Steiner, Napa County construction, and development of hot Department of Fish and Game (CDFG Soil Conservation Service, pers. comm. springs into commercial resorts. 1991)). The four populations of A. 1993). ‘‘The overall trend for Calistoga Willis Jepson (1925a) first described clarianus are variously threatened by popcornflower (Plagiobothrys strictus) is Astragalus clarianus in 1909 from urbanization, recreational activities, one of decline’’ (CDFG 1991). The specimens collected by Clara Hunt in airport maintenance, elimination due to species is threatened by recreational the Conn Valley near St. Helena, Napa plant community succession, activities, airport maintenance, County, California. Axel Rydberg (1929) competition from nonnative weed urbanization, inadequate regulatory and Willis Jepson (1936) treated this species, inadequate regulatory mechanisms, and stochastic events. taxon as Hamosa clariana and mechanisms, stochastic events, and a Both populations occur on private land Astragalus rattani var. clarianus, possible future water storage project. and neither is protected. respectively. Rupert Barneby (1950) re- One population occurs in the Bothe Alan Beetle (1947) first described Poa established Astragalus clarianus as a Napa Valley State Park. Another napensis in 1946 from specimens that full species. Astragalus clarianus is a population occurs on the shore of Lake he collected in a meadow moistened by low-growing annual herb belonging to Hennessey and is owned by The City of seepage from hot springs, 3 km (2 mi) 39316 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules north of Calistoga at Myrtledale Hot exposure of this inland area to the var. aequalis by a more robust, upright Springs, Napa County, California. Poa influence of cool, moist ocean air appearance, generally wider panicle, napensis is an erect, tufted perennial currents. Many species in this region violet-gray tinged spikelets, and longer bunchgrass belonging to the grass family reach their southernmost limit and are awn (Rubtzoff 1961; W. Crins, Ontario () that grows to 1 dm (4 in.) in often separated by long distances from Ministry of Natural Resources, in litt. height. Leaves are folded, stiffly erect, 1 the major portions of their ranges 1993). mm (0.04 in.) wide, with the basal (Rubtzoff 1953). Historically, these five Alopecurus aequalis var. sonomensis leaves 20 cm (8 in.) long and upper stem species were not known to occur is currently known from only five leaves to 15 cm (6 in) in length. A few outside Sonoma and Marin counties natural populations. The three sites in stiff, erect flowering stems appear in (CNDDB 1993). Carex albida occurs in Sonoma County are privately owned May and grow 7 dm (27 in) in height. a sphagnum bog in Lower Pitkin Marsh, and the two sites on the Point Reyes Flower clusters occur as a pale green to Sonoma County. Alopecurus aequalis National Seashore, in Marin County, are purple, condensed, oblong-oval panicle var. sonomensis, L. pardalinum ssp. federally owned (CNDDB 1993; V. 10 to 15 cm (4 to 6 in) long and 2 to pitkinense, and S. oregana ssp. valida Norris, Marin CNPS, pers. comm. 1993). 5 cm (0.8 to 2.0 in) wide. Poa napensis are restricted to moist soils in The elevational range of the species is most closely resembles P. unilateralis permanent freshwater marshes in from 6 to 210 m (20 to 680 ft). The total (ocean bluff bluegrass) but differs in leaf Sonoma and Marin counties. Clarkia number of plants is estimated at 200 (B. and panicle form as well as habitat. imbricata occurs on acid sands and has Guggolz, CNPS, pers. comm. 1993). Poa napensis is found in valley not been found outside a very restricted Alopecurus aequalis var. sonomensis grasslands and moist, alkaline meadows range in Sonoma County. Historically, was known historically from 16 fed by hot springs. The elevational range the widest ranging of the nine species is populations. The historical range was of this plant is 100 to 120 m (340 to 400 Trifolium amoenum, which occurred approximately 48 km (30 mi), reaching ft) within a radius of 6 km (4 mi) of from Mendocino County south to north from Point Reyes Peninsula to Calistoga. Historically, the range of this Sonoma, Marin, Alameda and Santa Guerneville and east to Cunningham plant has been diminished by the Clara counties and east to Napa and Marsh. Although fewer sites are now development of recreational hot springs Solano counties. Trifolium amoenum present, the range of the species has and the growth of the town of Calistoga. typically was found in low, wet swales changed little. The numbers of The larger population of P. napensis and grasslands. This species was populations of this species are declining near Myrtledale Hot Springs occurs in a considered extinct until 1993, when a due to competition from nonnative 100 sq m (1,100 sq ft) area, with an single plant was discovered in Sonoma plant species, trampling and grazing by additional small population of 100 County. Seeds from this individual were cattle, and low regeneration. The plants just across an adjoining road collected and T. amoenum currently species is also threatened by inadequate (CDFG 1979). Both remaining exists only in cultivation. The land that regulatory mechanisms. Two attempts to populations of P. napensis are most recently supported this taxon is reintroduce the species in the Point dependent on moisture derived from privately owned. Habitat of this species Reyes National Seashore failed. One adjacent hot springs or overland runoff. has been lost to land conversion for attempt was destroyed by a flash flood Any development that would alter the urbanization or agriculture, livestock (CNDDB 1992; V. Norris, pers. comm. hydrology or flow from these hot grazing, wetland drainage, waste 1993). springs would be detrimental to these disposal, and competition with John Bigelow collected the type populations (CDFG 1979). ‘‘The trend aggressive species. specimen of Carex albida in 1854 on for Napa bluegrass is one of decline’’ On May 7, 1955, Peter Rubtzoff (1961) Santa Rosa Creek, Sonoma County, (CDFG 1991). Poa napensis is collected Alopecurus aequalis var. California. Liberty Bailey described the threatened by recreational activities, sonomensis in Guerneville Marsh, species in 1889. Specimens of the plant airport maintenance, urbanization, Sonoma County, California. He subsequently collected by John T. inadequate regulatory mechanisms, and described the species in 1961. Howell and John W. Stacey in 1937 in stochastic events. The two extant Specimens of this taxon collected as Pitkin Marsh were described by them as populations are on private land and are early as 1880 in Sonoma and Marin C. sonomensis (Stacey 1937). Howell not protected. counties had been identified as (1957) later stated that the herbarium Alopecurus aequalis Sobol., a specimen of C. albida had been Coastal Species circumboreal foxtail grass found as far misinterpreted by Stacey and others and Alopecurus aequalis var. sonomensis, south as Mendocino County. These that C. sonomensis is a synonym of C. Carex albida, Lilium pardalinum ssp. specimens, however, deviated albida. pitkinense, and Sidalcea oregana ssp. considerably from typical A. aequalis Carex albida is a loosely tufted valida are restricted to permanent and were identified by Rubtzoff as A. perennial herb in the sedge family freshwater wetlands in or near Pitkin aequalis var. sonomensis. (Cyperaceae). The stems are triangular, Marsh, north of San Francisco Bay, Alopecurus aequalis var. sonomensis 4 to 6 dm (1.3 to 2.0 ft) tall, erect, and California. Clarkia imbricata is is a tufted perennial in the grass family longer than the leaves. The leaves are restricted to a very narrow range in open (Poaceae) that reaches 30 to 75 cm (12 flat and 3 to 5 cm (1 to 2 in.) wide with grasslands near Pitkin Marsh. The Pitkin to 30 in.) in height. The stems are closed sheaths. The inflorescence Marsh area, in which several disjunct mostly erect and either straight or consists of 4 to 7 ovoid or obovoid to and restricted species are found, is weakly bent near the base. The leaf oblong spikelets 8 to 18 mm (0.3 to 0.7 contained in the Franciscan area, blades are up to 7.5 mm (0.3 in.) wide. in.) long. The achenes (fruits) are three- described by Jepson (1925b) as a portion The panicle is 2.5 to 9.0 cm (1.0 to 3.5 sided when mature. The sacs (perigynia) of the Coast Ranges that supports a high in.) long and 4 to 8 mm (0.1 to 0.3 in.) surrounding the achenes are light green degree of plant endemism. The Coast wide. The spikelets are usually tinged to yellow-green when mature and 3.0 to Ranges in this area, south of the city of violet-gray near the tip. The awn is 4.5 mm (0.1 to 0.2 in.) long. Several Healdsburg, are lower in elevation in straight, and exceeds the lemma body by traits distinguish C. albida from other comparison to areas north of 1.0 to 2.5 mm (0.04 to 0.1 in.). This closely related sedges. Carex albida has Healdsburg, thus increasing the variety is distinguished from A. aequalis with staminate flowers Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39317 above the pistillate flowers, especially Clarkia imbricata is an erect, annual Lilium pardalinum ssp. pitkinense is on the terminal inflorescence, lateral herb in the evening-primrose family an herbaceous, rhizomatous perennial spikelets, and leaves that are shorter (). The stems grow to 6 dm in the lily family (Liliaceae). The than the stems and 3 to 5 mm (0.1 to 0.2 (2.5 ft) tall, unbranched or with slender, erect stems reach 1 to 2 m (3 in.) wide. numerous short branches in the upper to 6 ft) in height. Leaves are yellow- Carex albida, which was thought to be parts. This plant is densely leafy, with green, up to 14 cm (5.5 in.) long, and 1 extinct, is currently known from only entire, lanceolate leaves 2.0 to 2.5 cm to 2 cm (0.4 to 0.8 in.) wide. The leaves one population, discovered in 1987. The (0.8 to 1.0 in.) long and 4 to 7 mm (0.2 are generally scattered along the stem, population contains approximately 800 to 0.3 in.) broad that are ascending and but in some plants occur in 2 or 3 to 1,000 plants on privately owned overlapping. The showy inflorescences whorls of 3 to 6 leaves near the middle property in Sonoma County (CDFG appear from June through July. The of the stem. The inflorescence is a 1993a, CNDDB 1993). Carex albida was flowers are grouped closely together and terminal . The flowers are large, known historically from four other each flower has a conspicuous funnel- showy, and nodding. The petals, which locations: the type locality on Santa shaped tube at its base. Each flower has are reflexed from the middle, are red at Rosa Creek, one site in Perry Marsh, and four fan-shaped, lavender petals 2.0 to the outer edge changing to yellow at the two sites in Pitkin Marsh, all in Sonoma 2.5 cm (0.8 to 1.0 in.) long with a V- center with small, deep maroon dots County. The marsh habitat containing C. shaped purple spot extending from the mostly within the yellow zone. Anthers albida at the Santa Rosa Creek site was middle to the upper margin of the petal. are purple-brown. The fruit is an destroyed in the 1960s by Clarkia purpurea ssp. viminea is the elliptical capsule containing many channelization and other alterations to only other Clarkia taxon with which C. rounded seeds (CDFG 1993b). The Santa Rosa Creek (B. Guggolz, in litt. imbricata can be confused. Clarkia species flowers from June to July. Lilium 1993). The Perry Marsh site has been purpurea ssp. viminea has a much pardalinum ssp. pitkinense is used for cannery waste disposal shorter, funnel-shaped tube and does distinguished from L. pardalinum ssp. beginning in 1971, causing the probable not have the relatively broad, ascending, pardalinum by generally shorter petals loss of the population (CNDDB 1993). overlapping leaves of C. imbricata. and anthers. One of the Pitkin Marsh populations has Historically, Clarkia imbricata has Lilium pardalinum ssp. pitkinense not been seen since 1951. Permission for never been common. This taxon is only grows only in permanently saturated, access to the second Pitkin Marsh site known from two populations found in sandy soils in freshwater marshes and grasslands on acidic sand in Sonoma wet meadows that are 35 to 60 m (115 has been denied since 1976. The County. The type locality is presumed to 200 ft) in elevation. Only three occurrence has not been confirmed to have been extirpated by changing populations of L. pardalinum ssp. since that time. Pitkin Marsh, which has land uses (CNDDB 1994, B. Guggolz, in pitkinense were recorded historically. become drier in recent years because of litt. 1993). The remaining natural All the sites are found in Sonoma the addition of wells and other population was the source population County on privately owned land. The construction that have altered marsh for cuttings that were transplanted into three populations, located over a hydrology, likely no longer supports the a preserve in 1974. The elevational distance of 13 km (8 mi), are presumed species (B. Guggolz, in litt. 1993). The range for the two extant populations is extant. Since 1975, access to one of the known remaining population of C. 60 to 75 m (200 to 250 ft). The two sites has been denied by the landowner albida is found in a sphagnum bog near populations are 1.2 km (0.75 mi) apart (CNPS 1988a). As a result, the status of Pitkin Marsh, between 45 and 60 m (150 and occur on privately owned land. The this population has not been confirmed. and 200 ft) in elevation. The original natural population contains 2,000 to Currently, 200 individual plants remain habitat of all populations occurred 5,000 plants and occurs on an open, flat on the two known sites (CDFG 1993b; B. within an area of approximately 10 sq grassland surrounded by a variety of Guggolz, pers. comm. 1993). The extent km (4 sq mi). The species occurs in introduced trees and shrubs. The of the two populations has declined conjunction with Lilium pardalinum planted population, located in a 0.6 ha from loss of habitat from urbanization ssp. pitkinense, spikerush (Eleocharis (1.5 ac) preserve, has fluctuated between and competition with blackberries spp.), rush (Juncus spp.), and 200 and 300 plants. The preserve is (Rubus spp.) (CDFG 1993b). Collection Himalayan blackberry (Rubus discolor). owned and managed by the California of plants, seeds, and bulbs for Carex albida is threatened by potential Native Plant Society. The planted horticultural use, competition from alteration of hydrology from changes in population recently has expanded its invasive plant species, potential land use or potential disturbance from range onto the adjacent private parcel disturbance from a proposed a proposed wastewater treatment east of the preserve, where 70 to 100 subdivision, grazing, stochastic events, project, inadequate regulatory plants were found in 1993. Both inadequate regulatory mechanisms, and mechanisms, competition from populations are threatened variously by low plant numbers threaten this species nonnative species, stochastic events, agricultural land use conversion, (Lynn Lozier, The Nature Conservancy small population size, and potential inadequate regulatory mechanisms, (TNC), in litt. 1990). disturbance from repair or alteration of stochastic events, and damage Edward L. Greene (1897) first a nearby State highway. associated with trespassers collecting described Sidalcea oregana ssp. valida Frank H. Lewis and Margaret Lewis other rare plants found in the preserve in June, 1894, based on material he (1953) described Clarkia imbricata from (B. Guggolz, in litt. 1993). collected from Knight’s Valley, Sonoma specimens they collected on July 10, Lawrence Beane and Albert M. County, California. Since then, this 1951, along the roadside of Vine Hill Vollmer first collected Lilium taxon has been known as S. maxima Road, near Pitkin Ranch. Searches for pardalinum ssp. pitkinense on July 20, (Baker), S. oregana var. spicata (Jepson), this plant at the type locality have been 1954, in Pitkin Marsh, Sonoma County, S. eximia (Baker), and S. spicata ssp. made since 1974, but no plants have California. Beane (1955) described the valida (Wiggins) (CNPS 1988c). Charles been observed (CNDDB 1994). plant as Lilium pitkinense. The plant Hitchcock (1957) treated the Currently, C. imbricata is known from subsequently was treated as a Sidalcea and recognized four two populations in southern Sonoma subspecies of L. pardalinum (Skinner subspecies, including S. oregana ssp. County. 1993). valida. 39318 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules

Sidalcea oregana ssp. valida is a to 16 mm (0.5 to 0.6 in.) long and occur Federal Register (41 FR 24523) to perennial herb in the mallow family in dense, round or ovoid heads, 2 to 3 determine approximately 1,700 vascular (). The plants are 1 to 2 m (3 cm (0.8 to 1.2 in.) long. Flowers appear plant species to be endangered species to 6 ft) tall. The leaves are rounded. from April to June. Trifolium amoenum pursuant to section 4 of the Act. The list Lower leaves have 5 to 7 shallow lobes; is similar in appearance to T. macraei, of 1,700 plant taxa was assembled on upper leaves are generally smaller and but is generally larger and the flowers the basis of comments and data received divided into 3 to 5 entire, lanceolate lack subtending bracts. by the Smithsonian Institution and the segments. The compound inflorescence In 1993, Peter Connors, Bodega Service in response to House Document consists of densely flowered, spike-like Marine Laboratory, discovered a single No. 94–51 and the July 1, 1975, Federal 2 to 5 cm (0.8 to 2.0 in.) long. Trifolium amoenum plant in Sonoma Register publication. Astragalus Petals are 1.0 to 1.5 cm (0.4 to 0.6 in.) County. The species was previously clarianus, Carex albida, Clarkia long, notched at the apex, and deep considered extinct. The land on which imbricata, Lilium pardalinum ssp. pink-mauve. The flowers appear from this plant was found is privately owned pitkinense, Poa napensis, and Trifolium late June to September. Sidalcea and is currently for sale (P. Connors, amoenum were included in the June 16, oregana ssp. valida differs from S. Bodega Marine Laboratory, pers. comm. 1976, Federal Register document. oregana ssp. eximia in having a hairless 1994; CNDDB 1994). This property General comments received in calyx. currently is not being used. If it is sold, relation to the 1976 proposal were Sidalcea oregana ssp. valida has it may be converted to residential use, summarized in an April 26, 1978, never been recorded as abundant and similar to other land parcels Federal Register publication (43 FR only two occurrences, both located on surrounding this site (P. Connors, pers. 17909). The Endangered Species Act privately owned land, have ever been comm. 1994). In 1994, Dr. Connors grew Amendments of 1978 required that all known. Sidalcea oregana ssp. valida 18 plants in cultivation from seed proposals over 2 years old be inhabits freshwater marshes produced by the single plant found in withdrawn. A 1-year grace period was approximately 150 m (490 ft) in 1993 (Connors 1994). These plants were given to those proposals already more elevation, at Kenwood Marsh and grown to produce seed for later than 2 years old. In the December 10, Knight’s Valley, Sonoma County, reintroduction efforts (P. Connors, pers. 1979, Federal Register (44 FR 70796), California. The two sites are located comm. 1994). The soil seed bank in the the Service published a notice of approximately 29 km (18 mi) apart. The remaining natural habitat within the withdrawal of the June 6, 1976, Knight’s Valley population covers less species’ historical range may contain T. proposal, along with four other than 0.1 ha (0.25 ac). This population amoenum seed. Should T. amoenum be proposals that had expired. was reported to have fewer than 100 found in these areas, the species would The Service published a Notice of plants in 1979 (CDFG 1987) and likely be threatened by urbanization, Review for plants on December 15, 1980 approximately 60 plants in 1993 (N. competition with nonnative plants, land (45 FR 82480). This notice included Wilcox, State Water Resources Control conversion to agriculture, livestock Alopecurus aequalis var. sonomensis, Board, pers. comm. 1993). The grazing, stochastic events, and Astragalus clarianus, Carex albida, Kenwood Marsh population contained inadequate regulatory mechanisms. Clarkia imbricata, Lilium pardalinum approximately 70 individuals in 1993 ssp. pitkinense, Plagiobothrys strictus, Previous Federal Action (A. Howald, CDFG, pers. comm. 1993). Poa napensis, Sidalcea oregana ssp. Both populations are adversely affected Federal government actions on these valida, and Trifolium amoenum as by trampling and reduced seed set nine species began as a result of section Category 1 candidate species. Category 1 resulting from cattle grazing. Potential 12 of the Endangered Species Act of taxa are those for which the Service has alteration of the hydrology of Kenwood 1973, as amended (16 U.S.C. 1531 et on file substantial information on Marsh due to urbanization and water seq.) (Act) which directed the Secretary biological vulnerability and threats to withdrawal threatens the species (A. of the Smithsonian Institution to support preparation of listing proposals. Howald, pers. comm. 1993). The plants prepare a report on those plants On November 28, 1983, the Service may also suffer from competition by considered to be endangered, published a supplement to the Notice of common tule (Scirpus acutus) and threatened, or extinct in the United Review in the Federal Register (48 FR yellow star-thistle (Centaurea States. This report, designated as House 53640). This supplement changed solstitialis), and from periodic Document No. 94–51, was presented to Alopecurus aequalis var. sonomensis, maintenance of the Sonoma Aqueduct Congress on January 9, 1975, and Astragalus clarianus, Plagiobothrys located in Kenwood Marsh (A. Howald, included Astragalus clarianus, Carex strictus, Poa napensis, Sidalcea oregana pers. comm. 1993). This species is also albida, Clarkia imbricata, Lilium ssp. valida, and Trifolium amoenum threatened by stochastic events and pardalinum ssp. pitkinense (as L. from Category 1 to Category 2 inadequate regulatory mechanisms. pitkinense), Plagiobothrys strictus, Poa candidates. Category 2 taxa are those for Edward L. Greene described Trifolium napensis, and Trifolium amoenum as which data in the Service’s possession amoenum in 1891 from specimens that endangered and Sidalcea oregana ssp. indicate listing is possibly appropriate, he collected near Vanden, Solano valida as threatened. The Service but for which substantial data on County, California, in 1890. Historically, published a notice in the July 1, 1975, biological vulnerability and threats are this species has been found in a variety Federal Register (40 FR 27823) of its not currently known or on file to of habitats including low, wet swales, acceptance of the report of the support proposed rules. grasslands, and grassy hillsides up to Smithsonian Institution as a petition The plant notice was revised again on 310 m (1,020 ft) in elevation. This within the context of section 4(c)(2) September 27, 1985 (50 FR 39526). The annual plant, which is a member of the (petition provisions are now found in candidate status of eight of the plant pea family (Fabaceae), is hairy, erect, Section 4(b)(3) of the Act) and its species remained unchanged in this and grows to 1 to 6 dm (4 to 27 in.) in intention thereby to review the status of notice. Trifolium amoenum was height. The leaves are pinnately the plant taxa named therein. The above included as a Category 2* candidate, compound, widely obovate, and 2 to 3 eight taxa were included in the July 1, indicating that the Service had evidence cm (0.8 to 1.2 in.) long. The flowers, 1975, notice. On June 16, 1976, the that the species might be extinct. which are purple with white tips, are 12 Service published a proposal in the Another revision of the plant notice was Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39319 published on February 21, 1990 (55 FR (Greene) I.M. Johnston (Calistoga public (CDFG 1989). The city of Napa 6184). In this revision, Astragalus allocarya), Poa napensis Beetle (Napa has repaired damage to the fence several clarianus, Plagiobothrys strictus, Poa bluegrass), Sidalcea oregana (Nutt.) times (A. Howald, pers. comm. 1993). napensis, and Sidalcea oregana ssp. Gray ssp. valida (Greene) C.L. Hitchcock Another population of Astragalus valida were returned to Category 1 (Kenwood Marsh checkermallow), and clarianus exists in Bothe Napa Valley status. The Service made no changes to Trifolium amoenum Greene (showy State Park. Plant numbers have ranged the status of any of the nine species in Indian clover) are as follows: from 8 plants in 1988 to 101 plants in the plant notice published on A. The Present or Threatened 1993 on a 1 ha (2 ac) monitoring site (J. September 30, 1993 (58 FR 51144). The Destruction, Modification, or Ruygt, in litt. 1993). The larger portion Service approved Category 1 status for Curtailment of Their Habitat or Range of the population of A. clarianus outside Alopecurus aequalis var. sonomensis on of the monitoring zone occurs sparsely August 26, 1993. However, the status Habitat destruction, including on a 6 ha (15 ac) area. This area has change was inadvertently not published urbanization, land use changes, and been historically protected by placing in the plant notice published on alteration in hydrology of springs poses brush piles next to a foot trail to divert September 30, 1993. Since the the most serious threat to the survival of people away from the population (Bill publication of that notice, additional most of these nine plant species. Grummer, Bothe Napa Valley State Park, information has been received on the Inland Species California Dept. of Parks and Recreation, status of Trifolium amoenum, indicating Astragalus clarianus is known pers. comm. 1993). Although the general its rediscovery. The Service, therefore, plan for the park indicates a believes that sufficient information is currently from three populations in Napa County and one in Sonoma campground to be placed over the larger now available to support the listing of portion of A. clarianus, the Service does these nine species. County (CNDDB 1993, CNPS 1989). The four populations face a variety of threats not consider this plan as an imminent Section 4(b)(3)(B) of the Act requires threat because of lack of funding and the Secretary to make findings on to their continued existence. Historically, one population in Napa possible revisions to the park plan (B. pending petitions within 12 months of Grummer, pers. comm. 1993). Although their receipt. Section 2(b)(1) of the 1982 County occupied a larger area but the creation of Lake Hennessey in the 1940s the campground development may be amendments further requires that all relocated away from the population of petitions pending on October 13, 1982, inundated much of the site (Lynn Lozier, pers. comm. 1993). The city of A. clarianus, the Service considers that be treated as having been newly increased recreational use from an submitted on that date. This was the Napa owns the lake and uses Lake Hennessey as a water source for the additional campground in this park case for Astragalus clarianus, Carex constitutes a potential threat. albida, Clarkia imbricata, Lilium town. Recently, the city of Napa Another population of Astragalus pardalinum ssp. pitkinense, conducted a feasibility study that clarianus occurs nearer to the city of Plagiobothrys strictus, Poa napensis, considered raising the elevation of the Santa Rosa in eastern Sonoma County. Sidalcea oregana ssp. valida, and dam as part of a project to increase Trifolium amoenum because the 1975 water storage for the city. Such an This population, scattered over 6 ha (15 Smithsonian report had been accepted elevation change would have raised the ac), is on privately owned land under a as a petition. The Service found that the lake level, submerging the population of voluntary protection agreement with petitioned listing of those eight taxa was A. clarianus (Jake Ruygt, CNPS, in litt. TNC. Upslope and adjacent to this warranted but precluded by other higher 1993). This increased water-storage population is the 454 ha (1,350 ac) priority listing actions. The finding was project at Lake Hennessey has been approved subdivision, Saddle Mountain reviewed annually in October from 1983 determined by the city of Napa to be too Development. Soil erosion from through 1993. Publication of this costly (Don Ridenhour, Public Works proposed road and pad construction for proposal constitutes the final finding for Dept., city of Napa, pers comm. 1993). house lots potentially threatens this the petitioned action for these eight Any future water storage project that population of A. clarianus (J. Ruygt, in species. would involve increasing the height of litt. 1993). the dam and raising the level of Lake Over 70 percent of the original habitat Summary of Factors Affecting the Hennessey would constitute a threat to of Plagiobothrys strictus has been Species the population of A. clarianus due to its destroyed by urbanization and Section 4 of the Endangered Species proximity to the lakeshore. In December viticulture (CNPS 1990). The two Act and regulations (50 CFR part 424) 1990, this remnant population was remaining populations of P. strictus are promulgated to implement the listing nearly destroyed when dredge spoils threatened by urbanization (CNDDB provisions of the Act set forth the from the lake were placed on top of it 1994, CNPS 1990). One population site procedures for adding species to the (A. Howald, pers. comm. 1993). Eight occurs at the Calistoga Airport. The Federal lists. A species may be plants of A. clarianus were counted at construction of the airport fragmented determined to be an endangered or this site in 1991, 325 plants in 1992, and and reduced this population to fewer threatened species due to one or more 156 plants in 1993 (CDFG 1989; J. than 100 plants. Further development at of the five factors described in Section Ruygt, in litt. 1993). The city of Napa, this site could potentially threaten this 4(a)(1). These factors and their in cooperation with CDFG, removed population (J. Ruygt, in litt. 1993). application to Alopecurus aequalis most of the dredge spoils and fenced the Another population of P. strictus is Sobol. var. sonomensis Rubtzoff 1 ha (2 ac) area, placing a gate in the scattered over a 4 ha (10 ac) area of (Sonoma alopecurus), Astragalus fence for fishing access to the lake. private land near Myrtledale Hot clarianus Jepson (Clara Hunt’s Disturbance associated with dredge Springs. This population has been milkvetch), Carex albida Bailey (white spoils removal resulted in proliferation bisected by an asphalt road. The sedge), Clarkia imbricata Lewis and of nonnative weeds that further threaten landowner has proposed to build a Lewis (Vine Hill clarkia), Lilium the site, as discussed below under convalescent community on this site, pardalinum Kellogg. ssp. pitkinense Factor E. The fenced and gated area but has been unsuccessful due to (Beane and Vollmer) M. Skinner (Pitkin remains a favorite fishing access to the current zoning status (CDFG 1988; J. Marsh lily), Plagiobothrys strictus lake and receives significant use by the Ruygt, in litt. 1993). 39320 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules

Historically, the habitat of each of the maintenance (B. Guggolz, in litt. 1993). on privately owned property that is two remaining populations of Poa Another population of C. imbricata in currently for sale (CNDDB 1994). If this napensis has been reduced by the Sonoma County has been extirpated as property is developed or altered, it may development of health spas and resorts a result of Christmas tree farming and no longer contain suitable habitat for T. in the city of Calistoga and other weed control activities (B. Guggolz, in amoenum. In addition, the human construction activities at the Calistoga litt. 1993). The larger of the two extant population of Sonoma County is Airport (CNPS 1987). The remnant populations of C. imbricata is expected to grow by 21.4 percent by the population of P. napensis at the threatened by changing land use such as year 2000 (California Department of Calistoga Airport was thought to be agricultural land conversion (B. Finance 1992), and any remaining T. extirpated as a result of construction Guggolz, in litt. 1993). amoenum habitat may be converted to activities in 1981, because no plants One population of Lilium pardalinum urban use. were found that year. By 1987, however, ssp. pitkinense was largely destroyed by B. Overutilization for Commercial, 500 plants were counted at the airport urbanization in 1961; however, Recreational, Scientific, or Educational location (CDFG 1979; J. Ruygt, in litt. approximately 200 plants remain (CDFG Purposes 1993). Because Poa napensis and 1993b; B. Guggolz, pers. comm. 1993). Plagiobothrys strictus co-occur at the Although a subdivision is currently One of the two populations of Lilium Calistoga Airport and another site in the planned for the area surrounding a pardalinum ssp. pitkinense has been city of Calistoga, the threats from portion of this population, the nearly extirpated by uncontrolled urbanization, including construction of landowner has agreed to place the L. collection of plants, seeds, and bulbs for a hospital, are similar for both species pardalinum ssp. pitkinense habitat area horticultural use. This species was at these sites (CNPS 1987, 1990; J. in a conservation easement. The abundant historically at the Pitkin Ruygt, in litt. 1993). agreement between CDFG and the Marsh site, but the removal of plants landowner places all sensitive natural and bulbs for horticultural use has Coastal Species resource areas in a conservation reduced this population to two plants The single known population of Carex easement for long-term management, (CDFG 1993b). Similar activities at the albida is located approximately 46 m with CDFG as easement holder (A. remaining site, containing only 200 (150 ft) from State Highway 116, which Buckmann, CDFG, in litt. 1993). plants, would result in the extinction of is a potential source of disturbance. Any Wetland fills at Pitkin Marsh have the species (B. Guggolz, pers. comm. change in hydrology of the area lowered the water table and resulted in 1993). Of the two remaining populations resulting from highway construction or drier soil conditions, which has of Clarkia imbricata, one population is maintenance or change in land use negatively affected L. pardalinum ssp. found in a preserve owned by the would adversely affect the population. pitkinense. This change in habitat California Native Plant Society (CNPS). Draining the wetland would not only quality is considered an ongoing threat Although CNPS has attempted to directly impact the species, but would to the population at Pitkin Marsh, since discourage unauthorized collection by encourage the spread of blackberry there are only two plants remaining fencing the preserve and by not (Rubus spp.). Invading blackberry vines (CDFG 1993b). publicizing the exact location of the site, have become dominant in other parts of The two populations of Sidalcea trespassers have damaged the fence, Pitkin Marsh that have been drained oregana ssp. valida are threatened by trampled the vegetation, and collected (CNDDB 1993; B. Guggolz, in litt. 1993). permitted and apparently unauthorized seed of C. imbricata on several A wastewater treatment project for the water diversions from the unnamed occasions (B. Guggolz, in litt. 1993). Any cities of Forestville and Graton, Sonoma stream that feeds Kenwood Marsh. In occurrences of Trifolium amoenum that County, is proposed to be built 0.3 km the past, unauthorized diversions have may be discovered in the future also (0.2 mi) from the single extant removed all water from the stream may attract collectors of plants or seed population of Carex albida. Potential channel, eliminating one source of because the species was previously impacts from this project include surface water to the marsh (A. Howald, considered to be extinct. Overutilization application of recycled wastewater and pers. comm. 1993). Plant census data is currently not known to be a factor for temporary or permanent removal of from 1991 indicate that the eastern the remaining six species, but wetlands, riparian vegetation, and subpopulation in Kenwood Marsh unrestricted collecting for scientific or special status plants and their habitats declined by approximately 40 percent horticultural purposes or excessive (Environmental Science Associates and the western subpopulation declined visits by individuals interested in seeing (ESA) 1993). From 1,200 to 4,900 cubic by approximately 30 percent compared rare plants could result from increased m (1 to 4 ac-ft) of wastewater per year to 1989 and 1990 data. These figures publicity as a result of this proposal. would be applied on approximately 14 suggest that the Kenwood Marsh to 27 ha (35 to 60 ac) of land. Although population may be experiencing a C. Disease or Predation the population of C. albida would not be delayed response to a drought. The All five populations of Alopecurus directly impacted, the application of effects of the drought may be aequalis var. sonomensis are grazed by this volume of wastewater could result exacerbated by effects of increased cattle (CNDDB 1993), but only two in the alteration of the remaining habitat surface water diversion and result in a populations in Sonoma County, within the historical range of C. albida further decline in the population (John containing a total of 50 plants, are through modification of surface Turner, CDFG, in litt. 1993). currently threatened by cattle grazing drainage patterns (ESA 1993). The Trifolium amoenum has been (CNDDB 1993). One population on the historical ranges of Lilium pardalinum extirpated from all of its 24 historical Point Reyes National Seashore was ssp. pitkinense and Alopecurus aequalis occurrences in 7 counties. Loss of this fenced in 1987 to stop cattle from var. sonomensis also occur within the habitat resulted primarily from overgrazing (V. Norris, in litt. 1993). The project boundaries. urbanization and land conversion to species presently consists of only 200 The type locality of Clarkia imbricata agriculture (Zoe Chandik, CNPS, in litt. known plants. along the roadside at Pitkin Ranch was 1993). The most recently discovered Carex albida is currently not grazed, extirpated prior to 1974, as a probable occurrence, found in 1993 in Sonoma although cattle graze other portions of result of changes in land use or roadside County, consisted of one plant located the parcel on which the species is Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39321 located. A change in management of the only requires that the landowner notify Additionally and equally important, the site to allow grazing near C. albida may the agency ‘‘at least 10 days in advance upland watersheds that contribute adversely affect the species (B. Guggolz, of changing the land use to allow significantly to the hydrology of in litt. 1993). The associated trampling salvage of such a plant’’ (Native Plant marshes are not provided any direct and disturbance of the wet soils would Protection Act, Division 2, Chapter 10, protection under section 404. also be detrimental to the species (J. section 1913). Disturbance to or loss of seep or marsh Mastrogiuseppe, Washington State The California Environmental Quality habitat and alteration of hydrology have Univ., pers. comm. 1993). Act (CEQA) requires a full disclosure of damaged populations and habitat as Sidalcea oregana ssp. valida is the potential environmental impacts of discussed previously under Factor A. adversely affected at both of its proposed projects. The public agency Reductions in water volume or locations by trampling and reduced seed with primary authority or jurisdiction inundation of the sites have the set resulting from cattle grazing (CNDDB over the project is designated as the lead potential to adversely affect the seven 1993). Lilium pardalinum ssp. agency, and is responsible for plant taxa listed above. Thus, as a pitkinense has been enclosed with 2 m conducting a review of the project and consequence of the small size of these (6 ft) high wire fencing at both locations consulting with the other agencies marsh, meadow, and hot spring areas to prevent grazing by cattle, horses, and concerned with the resources affected and lack of protection of associated deer. In spite of this effort, the plants by the project. Section 15065 of the uplands, these types of habitats receive continue to suffer herbivory resulting in CEQA Guidelines requires a finding of insufficient protection under section loss of flowers and seeds (L. Lozier, in significance if a project has the potential 404 of the Clean Water Act. litt. 1990). to ‘‘reduce the number or restrict the The Sonoma County Department of Trifolium amoenum may have range of a rare or endangered plant or Planning has designated Pitkin, disappeared from some of its former animal.’’ Species that are eligible for Cunningham, and Kenwood Marshes as locations due to grazing (Connors 1994). State listing as rare, threatened, or ‘‘critical habitat’’ (Sonoma County This species is a large clover that endangered, but are not so listed, are 1989). The streams within these blooms when many grassland plants given the same protection as those marshes are designated as ‘‘riparian have already turned brown, likely species that are officially listed with the corridors.’’ It is not likely that these making it attractive to grazing State or Federal governments. Once designations will adequately protect the herbivores. Most recent sightings of the significant effects are identified, the species involved. County policies for plant were located outside of fences lead agency has the option to require ‘‘critical habitat’’ designation include 15 along roadsides, suggesting that the mitigation for effects through changes in m (50 ft) setbacks of construction from species survived for a period where it the project or to decide that overriding wetland boundaries and preparation of was protected from grazing (Connors considerations make mitigation biotic resource assessments for 1994). Although no naturally occurring infeasible. In the latter case, projects development of mitigation measures, if populations of this species are currently may be approved that cause significant the planning director determines that a known, any populations that are environmental damage, such as ‘‘critical habitat’’ area will be impacted subsequently discovered on pasture destruction of endangered species. (Sonoma County 1989). A setback may land may be subject to the same grazing Protection of listed species through be waived, however, if the setback is pressure as historical populations. CEQA is, therefore, dependent upon the determined to make the parcel D. The Inadequacy of Existing discretion of the agency involved. unsuitable for construction. The single Hot spring areas and perennial Regulatory Mechanisms population of Carex albida and the freshwater emergent marshes are larger population of Lilium pardalinum The California Fish and Game generally small and scattered, and ssp. pitkinense occur within 15 m (50 ft) Commission has listed Carex albida, treated as isolated wetlands or waters of of streams in Sonoma County (CNDDB Clarkia imbricata, Lilium pardalinum the United States for regulatory 1993). The Sonoma County policy for ssp. pitkinense, Poa napensis, and purposes by the U.S. Army Corps of ‘‘riparian corridors’’ allows the removal Sidalcea oregana ssp. valida as Engineers (Corps) under section 404 of of riparian vegetation as part of a pest endangered species under the California the Clean Water Act. However, this law management program administered by Endangered Species Act (Division 3, by itself does not protect Alopecurus the County Agricultural Commissioner, Chapter 1.5 section 2050 et seq. of the aequalis var. sonomensis, Carex albida, as well as construction of roads and California Fish and Game Code and Lilium pardalinum ssp. pitkinense, Poa summer dams (Sonoma County 1989). Title 14 California Code of Regulations napensis, Plagiobothrys strictus, In addition, agricultural projects that 670.2). The California Fish and Game Sidalcea oregana ssp. valida, and may involve removal of native Commission has also listed Astragalus Trifolium amoenum. Nationwide Permit vegetation, including the proposed clarianus and Plagiobothrys strictus as No. 26 (33 CFR part 330 Appendix B species or alteration of their habitats, are threatened species. Listing by the State (26)) was established by the Corps to considered in Sonoma County to be of California requires individuals to facilitate issuance of permits for ‘‘ministerial’’ (K. Ellison, Sonoma obtain a memorandum of understanding discharge of fill into wetlands up to 4 County Department of Planning, pers. with CDFG to possess or ‘‘take’’ a listed ha (10 ac). For project proposals falling comm. 1993). Ministerial projects are species. Although the ‘‘take’’ of State- under Nationwide Permit 26, the Corps those projects that the public agency listed plants is prohibited (California has been reluctant to withhold must approve after the applicant shows Native Plant Protection Act, Division 2, authorization unless a listed threatened compliance with certain legal Chapter 10, section 1908 and California or endangered species is known to be requirements. They may be approved or Endangered Species Act, Division 3, present, regardless of the significance of carried out without undertaking CEQA Chapter 1.5, section 2080), State law other wetland resources. Section 404 review. exempts the taking of such plants via regulations require an applicant to Only a few measures have been taken habitat modification or land use changes obtain an individual permit to fill to protect some of the species in this by the owner. After CDFG notifies a isolated wetlands or waters greater than proposed rule. In 1989, the landowners landowner that a State-listed plant 4 ha (10 ac). In either case, candidate of the two confirmed populations of grows on his or her property, State law species receive no special consideration. Lilium pardalinum ssp. pitkinense 39322 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules entered into voluntary protection authorized’’ (Clark and Fellers 1987). threatened by competition from French agreements with TNC (CDFG 1993b). Fowler and Fellers (1985) state that broom (Genista monospessulana), a Since that time, TNC and the California grazing has been a serious threat to nonnative aggressive shrub (CNDDB Conservation Corps have jointly built Alopecurus aequalis var. sonomensis 1993). and maintained cattle exclosures in an occurrences located on the Seashore. The potential for loss of the Kenwood attempt to protect the plants at both Marsh population of Sidalcea oregana E. Other Natural or Manmade Factors sites. Some plants, however, continue to ssp. valida from stochastic events, Affecting Their Continued Existence suffer herbivory from livestock and because of the small population size, is wildlife, resulting in loss of flowers and Alopecurus aequalis var. sonomensis exacerbated by drought and water seeds (L. Lozier, in litt. 1990). A suffers from competition from diversions. In addition, this population Memorandum of Understanding is aggressive emergent wetland species, is being encroached upon by aggressive currently in effect between CDFG and including rushes (Juncus spp.) and weeds, including yellow star-thistle and the Berry Botanic Garden, Portland, sedges (Cyperus spp.) at one location. blackberry (Rubus spp.) (A. Howald, Oregon, for research on germination and These wetland plants have nearly pers. comm. 1993). One of the Kenwood recovery of this species (CDFG 1993b). extirpated A. aequalis var. sonomensis Marsh subpopulations was driven over Additionally, TNC obtained a voluntary from that site (V. Norris, in litt. 1993; by Sonoma County personnel during agreement in 1990 with private CNDDB 1993). Additionally, A. aequalis maintenance of the Sonoma Aqueduct, landowners to protect one population of var. sonomensis is not readily which passes through Kenwood Marsh. Astragalus clarianus. CDFG is propagated. Two attempts to The maintenance activity occurred late proposing to purchase approximately 37 reintroduce the species from seed to in the season when the soil was ha (90 ac) of the Kenwood Marsh as an suitable habitat within its range have relatively dry, resulting in minimal ecological preserve (A. Howald, pers. failed. Naturally occurring floods also damage to the plants. If maintenance comm. 1993). The date for acquisition of may be an ongoing threat. One activities occur during a time when the the preserve, however, is dependent on reintroduction failed due to a flash flood soil is saturated, they pose a threat to cooperation with the current in 1993 (V. Norris, pers. comm. 1993). the plants (A. Howald, pers. comm. landowners. The owner of one parcel, The population of Astragalus 1993). which contains approximately one half clarianus located on the north shore of Because it is unlikely that Lilium of the Kenwood population, has Lake Hennessey has an infestation of an pardalinum ssp. pitkinense is self- declined to sell her property to the State aggressive and dominating nonnative pollinating, single plants or widely (N. Wilcox, pers. comm. 1994). Purchase weed, yellow star-thistle (Centaurea separated plants in sparse populations of the land as a preserve would prevent solstitialis). This nonnative weed may not set viable seed (Mark Skinner, grazing on the site and would allow infestation was a direct result of ground CNPS, pers. comm. 1993). The two direct management of the plant disturbance associated with the removal remaining plants at Pitkin Marsh are population with possible opportunities of dredge spoils that were placed on top monitored closely by CNPS volunteers to expand the population (A. Howald, of this population as discussed under and have not been observed to have set pers. comm. 1993). The preserve would Factor A (A. Howald, pers. comm. seed for several years (M. Skinner, pers. be comprised of only a small portion of 1993). Competition from this nonnative comm. 1993). Much of Pitkin Marsh has the watershed, however, limiting the annual weed is also considered a threat been invaded by blackberry vines that protection that the preserve could afford to the population of A. clarianus at the compete with L. pardalinum ssp. to the hydrology of the marsh (N. Bothe Napa Valley State Park (J. Ruygt, pitkinense for space, light, and nutrients Wilcox, pers. comm. 1994). TNC also in litt. 1993). A proposed application to (CDFG 1993b). has entered into a verbal conservation build two small agricultural water Grass mowing, vehicle traffic, and agreement with a landowner for the storage reservoirs along a creek in Napa parking have impacted and continue to protection of one of the two populations County would avoid direct impacts to threaten one population of Poa napensis of Clarkia imbricata. However, this another population of A. clarianus, but at the Calistoga Airport site (CNPS 1990; larger population of C. imbricata was ground disturbance would most likely Robert Soreng, Cornell Univ., in litt. mowed before seed set in 1989 and introduce this same nonnative 1993). Grass mowing is done at regular 1991, reducing the seed production and aggressive weed (A. Howald, pers. intervals through the spring and number of plants in the years following comm. 1993). Establishment of yellow summer growing season to reduce fire mowing (B. Guggolz, in litt. 1993). star-thistle from this proposed activity is and aircraft safety hazards. The airport Seed from cultivated Trifolium considered a threat to this population. is used by a spray plane service, amoenum plants is currently being Plant succession may be excluding or recreational gliders, and associated tow collected for future reintroduction reducing the population of Astragalus planes. The service vehicles for the efforts (P. Conners, pers. comm. 1994). clarianus at one site (J. Ruygt, in litt. planes and private vehicle traffic of the In addition, half of the seed that was 1993) where A. clarianus grows customers impact this population of P. recovered from the single plant in 1993 sparingly in the interspaces of the napensis, especially during the spring was deposited for long-term storage at developing manzanita plant community. and summer when airport use increases. the U.S. Department of Agriculture As new manzanita seedlings emerge and The extirpation of all historical National Seed Storage Laboratory in grow and the existing plants grow populations of Trifolium amoenum may Fort Collins, Colorado (Conners 1994). larger, less and less interspace between have partially been a result of Although Point Reyes National plants is available for A. clarianus. Fire competition with weedy, nonnative Seashore (Seashore) is part of the suppression has reduced fire plant species. A recent germination National Park system, 17 cattle and occurrences in the manzanita study of other Trifolium species from dairy ranches are contained within the community. Periodic fire is needed to historical T. amoenum habitat in Seashore boundaries. Grazing and reduce manzanita cover and create Sonoma County suggested that some ranching, which have occurred on the interspaces for this plant. This species, annual Trifolium species germinate in peninsula for more than a century, have therefore, is vulnerable to habitat loss late November, well after many been determined to be ‘‘consistent with from advancing plant succession. introduced species, including redstem the purpose for which the Seashore was Another population of A. clarianus is storkbill (Erodium cicutarium), ripgut Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39323 brome (Bromus diandrus), and these species in determining to propose species are threatened by potential California burclover (Medicago this rule. Cattle grazing or competition alteration of hot springs hydrology, polymorpha) (Connors 1994). By with aggressive plant species threatens stochastic events, and inadequate germinating and growing earlier, it is 3 of the 5 remaining populations of regulatory mechanisms. The two likely that nonnative species have Alopecurus aequalis var. sonomensis, populations of Sidalcea oregana ssp. reduced the numbers of T. amoenum totalling approximately 200 plants. valida are threatened by trampling and plants by occupying available space Efforts to reintroduce this species to reduced seed set resulting from cattle (Connors 1994). sites within its range have failed. grazing, aqueduct maintenance, Small numbers of populations and Alopecurus aequalis var. sonomensis is competition from nonnative plant small population size threaten most of susceptible to extinction due to small species, potential loss of normal the plants proposed herein. There are 5 numbers of populations and individuals hydrology from urbanization, populations of Alopecurus aequalis var. and is threatened by inadequate inadequate regulatory mechanisms, and sonomensis with a total of 200 plants. regulatory mechanisms. If combined, all stochastic events and reduced genetic There are 2 populations of Lilium four populations of Astragalus clarianus fitness because of the small number of pardalinum ssp. pitkinense with a total could fit into a 0.5 ha (1 ac) area and individuals and populations. of 200 plants. There are 2 populations are threatened variously by a potential Trifolium amoenum has been of Sidalcea oregana ssp. valida with water storage project, a potential extirpated from all 24 historical fewer than 100 plants. These three subdivision, competition from occurrences in 7 counties; the species species may be subject to increased nonnative plant species, recreational currently exists as 18 plants in cultivation. This species is threatened genetic drift and inbreeding as a activities, airport maintenance, consequence of their small population by stochastic events due to the small inadequate regulatory mechanisms, sizes (Menges 1991, Ellstrand and Elam number of plants, competition with stochastic events, and elimination 1993). The increased homozygosity aggressive plant species, loss of habitat through plant community succession. results in a loss of genetic fitness from urbanization, livestock grazing, The single Carex albida population, (Ellstrand and Elam 1993). The and inadequate regulatory mechanisms. totaling approximately 800 to 1,000 reduction in genetic fitness affords less These nine species are imminently plants, is located 46 m (150 ft) from a chance of any species to successfully threatened by extinction throughout all State highway and is threatened by adapt to any environmental changes. or a significant portion of their range by potential changes in the site’s hydrology The very small numbers make them the factors summarized above and extremely vulnerable to extirpation from resulting from wetland drainage or fill, therefore meet the definition of stochastic events. competition from aggressive plant endangered in the Act. Based on this In addition to the 3 species listed species, changes in land management by evaluation, the preferred action is to list above, there are only 4 populations of the owner, highway construction or Alopecurus aequalis var. sonomensis, Astragalus clarianus with fewer than maintenance, potential disturbance from Astragalus clarianus, Carex albida, 2,000 plants; 1 population of Carex a proposed wastewater treatment Clarkia imbricata, Lilium pardalinum albida with 800 to 1,000 plants; 2 project, inadequate regulatory ssp. pitkinense, Plagiobothrys strictus, populations of Clarkia imbricata with mechanisms, and stochastic events. The Poa napensis, Sidalcea oregana ssp. fewer than 6,000 plants; 3 populations two remaining populations of Clarkia valida, and Trifolium amoenum as of Plagiobothrys strictus with fewer than imbricata are threatened by changing endangered. 10,000 plants; and 3 populations of Poa land use, unauthorized collection, Critical Habitat napensis with fewer than 1,000 plants. inadequate regulatory mechanisms, and Fewer than 18 Trifolium amoenum stochastic events. The 2 remaining Critical habitat is defined in section 3 plants exist in cultivation. The populations of Lilium pardalinum ssp. of the Act as: (i) the specific areas combination of a few small populations, pitkinense, totalling approximately 200 within the geographical area occupied very narrow range, and restricted habitat plants, suffer from uncontrolled by a species, at the time it is listed in makes these nine species susceptible to collection of plants, seeds, and bulbs for accordance with the Act, on which are destruction of all or a significant portion horticultural use, and by grazing. One found those physical or biological of any population from random natural population is potentially threatened by features (I) essential to the conservation events, such as flood, drought, disease, a proposed wastewater treatment of the species and (II) that may require or other natural occurrences (Shaffer project; the other population is special management consideration or 1981, Primack 1993). Such events are potentially threatened by a proposed protection and; (ii) specific areas not usually a concern until the number subdivision. Lilium pardalinum ssp. outside the geographical area occupied of individuals or geographic distribution pitkinense also is threatened by nature by a species at the time it is listed, upon become as limited as is the case with the of its small populations, stochastic a determination that such areas are species discussed herein. Once a plant events, and inadequate regulatory essential for the conservation of the population is reduced due to habitat mechanisms. If combined, the species. ‘‘Conservation’’ means the use destruction and fragmentation, the remaining populations of Plagiobothrys of all methods and procedures needed remnant population has a higher strictus and Poa napensis would occupy to bring the species to the point at probability of extinction from random an area of less than 0.5 ha (1 ac) each which listing under the Act is no longer events. Thus, all nine taxa are and are surrounded by hot springs necessary. threatened by potential loss of genetic resorts or housing. Plagiobothrys strictus Section 4(a)(3) of the Act, as fitness associated with their small and Poa napensis co-occur at two sites amended, and implementing regulations populations or damage and destruction and both species are threatened by (50 CFR 424.12) require that, to the by random natural events across the airport activities, including traffic and maximum extent prudent and entire range of each taxon. vehicle parking on the plants, grass determinable, the Secretary designate The Service has carefully assessed the mowing, and potential development of critical habitat at the time the species is best scientific and commercial remnant habitat, including the determined to be endangered or information available regarding the past, construction of a hospital at this site. threatened. The Service finds that present, and future threats faced by Additionally, all populations of the two designation of critical habitat is not 39324 Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules prudent for these nine plant taxa at this locations in or near cities, any activity destroy or adversely modify its critical time. Service regulations (50 CFR that would adversely modify habitat or habitat. If a Federal action may affect a 424.12(a)(1)) state that designation of destroy plants would likely jeopardize listed species or its critical habitat, the critical habitat is not prudent when one the continued existence of each of these responsible Federal agency must enter or both of the following situations species. Therefore, the Service finds that into formal consultation with the exist—(1) The species is threatened by designation of critical habitat is not Service. taking or other human activity, and prudent for Astragalus clarianus, All nine plant species may be affected identification of critical habitat can be Plagiobothrys strictus, and Poa napensis by Federal mortgage programs, expected to increase the degree of threat because it would not provide additional including those managed by the to the species, or (2) such designation of benefit beyond that provided by listing Veterans Administration and the U.S. critical habitat would not be beneficial for the conservation of the species. Department of Housing and Urban to the species. Additionally, publicity that might Development (Federal Home As required for proposals to designate result in public trespass on privately Administration loans). Since six of the critical habitat, the publication of maps owned sites by individuals seeking the nine taxa proposed herein exist in or and the precise locations of involved plants could reduce the landowners’ near marshes, meadows, perennial plant populations could contribute to willingness to cooperate with public or streams, or thermal hot springs, the the further decline of the nine taxa private agencies in their protection Corps may become involved in proposed herein and increase efforts for the involved taxa (B. Guggolz, regulating fill of these wetland areas enforcement problems, particularly in pers. comm. 1993). Designation would through jurisdiction of section 404 of the case of Lilium pardalinum ssp. provide no additional benefit to any of the Clean Water Act (33 U.S.C. 1344 et pitkinense. This taxon, which is these nine species beyond the benefit seq.). The plants may also be affected by threatened primarily by uncontrolled received by virtue of their designation road and highway construction by the collection for horticultural use, is as endangered species. Protection of Federal Highway Administration. The especially at risk from additional these nine species will be addressed National Park Service may become publicity. Two of the three privately through the recovery process and involved through section 7 consultation owned populations of Alopecurus through the section 7 consultation because of potential grazing impacts to aequalis var. sonomensis are found in process. Alopecurus aequalis var. sonomensis at close proximity to L. pardalinum ssp. Point Reyes National Seashore Available Conservation Measures pitkinense. Although A. aequalis var. (Seashore). The Seashore has twice sonomensis is not collected for Conservation measures provided to attempted to reintroduce A. aequalis horticultural use, any increase in species listed as endangered or var. sonomensis using seed collected publicity of A. aequalis var. sonomensis threatened under the Endangered within the Seashore. In 1987, the could lead to collection or destruction Species Act include recognition, Seashore erected a cattle exclosure fence of that species, as well as increased recovery actions, requirements for to protect this species from grazing (V. collection of L. pardalinum ssp. Federal protection, and prohibitions Norris, in litt. 1993). pitkinense. One of the two populations against certain practices. Recognition Listing Alopecurus aequalis var. of Clarkia imbricata in a preserve through listing results in public sonomensis, Astragalus clarianus, Carex owned by the California Native Plant awareness and conservation actions by albida, Clarkia imbricata, Lilium Society has experienced unauthorized Federal, State, and local agencies, pardalinum ssp. pitkinense, collection, despite a deliberate decision private organizations, and individuals. Plagiobothrys strictus, Poa napensis, not to publicize the preserve’s exact The Act provides for possible land Sidalcea oregana ssp. valida, and location. Thus, the Service finds that acquisition and cooperation with the Trifolium amoenum would provide for designation of critical habitat for State and requires that recovery plans be development of a recovery plan (or Alopecurus aequalis var. sonomensis, developed for all listed species. The plans) for them. Such plan(s) would Clarkia imbricata, and Lilium protection required of Federal agencies bring together both State and Federal pardalinum ssp. pitkinense is not and the prohibitions against certain efforts for conservation of the plants. prudent because of potential vandalism activities involving listed plants are The plan(s) would establish a and uncontrolled collection for discussed, in part, below. framework for agencies to coordinate horticultural use. No Trifolium Section 7(a) of the Act, as amended, activities and cooperate with each other amoenum plants are currently known to requires Federal agencies to evaluate in conservation efforts. The plan(s) exist in the wild, but designation of their actions with respect to any species would set recovery priorities and critical habitat could encourage that is proposed or listed as endangered estimate costs of various tasks necessary vandalism and preclude recovery efforts or threatened and with respect to its to accomplish them. It also would for the species. critical habitat, if any is being describe site-specific management The single Carex albida population designated. Regulations implementing actions necessary to achieve and a portion of one of the two this interagency cooperation provision conservation and survival of the nine populations of Sidalcea oregana ssp. of the Act are codified at 50 CFR part plant species. Additionally, pursuant to valida are adjacent to State highways. 402. Section 7(a)(4) of the Act requires section 6 of the Act, the Service would Any specific locality information could Federal agencies to confer with the be more likely to grant funds to affected subject these species to activities that Service on any action that is likely to states for management actions would jeopardize their survival. Thus, jeopardize the continued existence of a promoting the protection and recovery the Service finds that designation of species proposed for listing or result in of these species. critical habitat is not prudent for Carex destruction or adverse modification of The Act and its implementing albida and Sidalcea oregana ssp. valida proposed critical habitat. If a species is regulations set forth a series of general because of potential vandalism. listed subsequently, section 7(a)(2) prohibitions and exceptions that apply Because Astragalus clarianus, requires Federal agencies to ensure that to all endangered plants. All Plagiobothrys strictus, and Poa napensis activities they authorize, fund, or carry prohibitions of section 9(a)(2) of the Act, have very specific known habitat out are not likely to jeopardize the implemented by 50 CFR 17.61, apply. requirements and occur at very few continued existence of the species or These prohibitions, in part, make it Federal Register / Vol. 60, No. 148 / Wednesday, August 2, 1995 / Proposed Rules 39325 illegal for any person subject to the Field Office (see ADDRESSES section). National Environmental Policy Act jurisdiction of the United States to Requests for copies of the regulations import or export, transport in interstate regarding listed plants and inquiries The Fish and Wildlife Service has or foreign commerce in the course of a about prohibitions and permits may be determined that Environmental commercial activity, sell or offer for sale addressed to the U.S. Fish and Wildlife Assessments and Environmental Impact in interstate or foreign commerce, or Service, Ecological Services, Statements, as defined under the remove and reduce the species to Endangered Species Permits, 911 NE authority of the National Environmental possession from areas under Federal 11th Ave., Portland, Oregon 97232–4181 Policy Act of 1969, need not be jurisdiction. In addition, for plants (phone 503/231–2063, facsimile 503/ prepared in connection with regulations listed as endangered, the Act prohibits 231–6243). adopted pursuant to section 4(a) of the the malicious damage or destruction of Endangered Species Act of 1973, as any such species on areas under Federal Public Comments Solicited amended. A notice outlining the jurisdiction and the removal, cutting, The Service intends that any final Service’s reasons for this determination digging up, or damaging or destroying of action resulting from this proposal will was published in the Federal Register such plant species in knowing violation be as accurate and as effective as on October 25, 1983 (48 FR 49244). of any State law or regulation, including possible. Therefore, comments or References Cited State criminal trespass law. Certain suggestions from the public, other exceptions to the prohibitions apply to concerned governmental agencies, the A complete list of all references cited agents of the Service and State scientific community, industry, or any herein is available upon request from conservation agencies. other interested party concerning this the Field Supervisor, Sacramento Field The Act and 50 CFR 17.62 and 17.63 proposed rule are hereby solicited. Office (see ADDRESSES section). also provide for the issuance of permits Comments particularly are sought to carry out otherwise prohibited concerning: Authors activities involving endangered plant (1) Biological, commercial, trade, or species under certain circumstances. other relevant data concerning any The primary authors of this proposed Such permits are available for scientific threat (or lack thereof) to Alopecurus rule are Elizabeth Warne and Kenneth purposes and to enhance the aequalis var. sonomensis, Astragalus Fuller, Sacramento Field Office (see propagation or survival of the species. clarianus, Carex albida, Clarkia ADDRESSES section). The Service anticipates that few permits imbricata, Lilium pardalinum ssp. List of Subjects in 50 CFR Part 17 would ever be sought or issued for eight pitkinense, Plagiobothrys strictus, Poa of the species because they are not napensis, Sidalcea oregana ssp. valida, Endangered and threatened species, common in cultivation or in the wild. and Trifolium amoenum; Exports, Imports, Reporting and Lilium pardalinum ssp. pitkinense, (2) The location of any additional recordkeeping requirements, and however, is collected for horticultural populations of these species and the Transportation. use. reasons why any habitat should or Proposed Regulation Promulgation It is the policy of the Service, should not be determined to be critical published in the Federal Register on habitat pursuant to section 4 of the Act; Accordingly, the Service hereby July 1, 1994 (59 FR 34272), to identify (3) Additional information concerning proposes to amend part 17, subchapter to the maximum extent practicable at the range, distribution, and population B of chapter I, title 50 of the Code of the time a species is listed those size of these species; and Federal Regulations, as set forth below: activities that would or would not (4) Current or planned activities in the constitute a violation of section 9 of the subject area and their possible impacts PART 17Ð[AMENDED] Act. The intent of this policy is to on these species. increase public awareness of the effect Final promulgation of regulations on 1. The authority citation for part 17 of the listing of the nine plant species these species will take into continues to read as follows: on proposed and ongoing activities consideration the comments and any Authority: 16 U.S.C. 1361–1407; 16 U.S.C. within the species’ range. The Service additional information received by the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– believes that activities such as Service, and such communications may 625, 100 Stat. 3500, unless otherwise noted. landscape maintenance, clearing lead to a final regulation that differs vegetation for firebreaks, and livestock from this proposal. 2. Section 17.12(h) is amended by grazing on privately owned lands, not The Endangered Species Act provides adding the following, in alphabetical under Federal funding or authorization, for one or more public hearings on this order under FLOWERING PLANTS, to would not be considered a violation of proposal, if requested. Requests must be the List of Endangered and Threatened section 9 of the Act. Questions regarding received by September 25, 1995. Such Plants to read as follows: whether specific activities would requests must be made in writing and § 17.12 Endangered and threatened plants. constitute a violation of section 9 addressed to the Field Supervisor, should be directed to the Field Sacramento Field Office (see ADDRESSES * * * * * Supervisor of the Service’s Sacramento section). (h) * * *

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

FLOWERING PLANTS

******* Alopecurus Sonoma alopecurus U.S.A. (CA) ...... Poaceae ...... E ...... NA NA aequalis var. sonomensis. 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

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

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

******* Clarkia imbricata Vine Hill clarkia ...... U.S.A. (CA) ...... Onagraceae ...... 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.

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

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

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

*******

Dated: July 5, 1995. threatened status for Cupressus California, 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. plant 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 Plants; 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 species; The Monterey Peninsula 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 Potentilla hickmanii (Hickmann’s concerning this proposal should be sent Monterey submarine canyon. Rainfall potentilla), Trifolium trichocalyx 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