40954 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Pub. L. 100–17 and sec. 1048, Pub. L. 102–

240); 49 CFR 1.51.

2. Section 661.11 is amended by

adding Appendices A, B and C to read

as follows:

§ 661.11 Rolling stock procurements.

* * * * *

Appendix A to § 661.11—General

Waivers

(a) The provisions of § 661.11 of this

part do not apply when foreign sourced

spare parts for buses and other rolling

stock (including train control,

communication, and traction power

equipment) whose total cost is 10

percent or less of the overall project

contract cost are being procured as part

of the same contract for the major

capital item.

(b) [Reserved]

Appendix B to § 661.11—Typical

Components of Buses

The following is a list of items that

typically would be considered

components of a bus. This list is not allinclusive.

Engines, transmissions, front axle

assemblies, rear axle assemblies, drive shaft

assemblies, front suspension assemblies, rear

suspension assemblies, air compressor and

pneumatic systems, generator/alternator and

electrical systems, steering system

assemblies, front and rear air brake

assemblies, air conditioning compressor

assemblies, air conditioning evaporator/

condenser assemblies, heating systems.

passenger seats, driver’s seat assemblies,

window assemblies, entrance and exit door

assemblies, door control systems, destination

sign assemblies, interior lighting assemblies,

front and rear end cap assemblies, front and

rear bumper assemblies, specialty steel

(structural steel tubing, etc.) aluminum

extrusions, aluminum, steel or fiberglass

exterior panels, and interior trim, flooring,

and floor coverings.

Appendix C to § 661.11—Typical

Components of Rail Rolling Stock

The following is a list of items that

typically would be considered

components of rail rolling stock. This

list is not all inclusive.

Car shells, main transformer, pantographs,

traction motors, propulsion gear boxes,

interior linings, acceleration and braking

resistors, propulsion controls, low voltage

auxiliary power supplies, air conditioning

equipment, air brake compressors, brake

controls, foundation brake equipment,

articulation assemblies, train control systems,

window assemblies, communication

equipment, lighting, seating, doors, door

actuators, and controls, couplers and draft

gear, trucks, journal bearings, axles,

diagnostic equipment, and third rail pick-up

equipment.

Issued On:July 25, 1997.

Gordon J. Linton,

Administrator.

[FR Doc. 97–20109 Filed 7–30–97; 8:45 am]

BILLING CODE 4910–57–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AD39

Endangered and Threatened Wildlife

and Plants; Final Rule for 13 Plant

Taxa From the Northern Channel

Islands, California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) determines

endangered status for Arabis hoffmannii

(Hoffmann’s rock-cress), Arctostaphylos

confertiflora (Santa Rosa Island

manzanita), Berberis pinnata ssp.

insularis (island barberry), Castilleja

mollis (soft-leaved paintbrush), Galium

buxifolium (island bedstraw), Gilia

tenuiflora ssp. hoffmannii (Hoffmann’s

slender-flowered gilia), Malacothamnus

fasciculatus ssp. nesioticus (Santa Cruz

Island bushmallow), Malacothrix

indecora (Santa Cruz Island

malacothrix), Malacothrix squalida

(island malacothrix), Phacelia insularis

ssp. insularis (island phacelia), and

Thysanocarpus conchuliferus (Santa

Cruz Island fringepod) and threatened

status for Dudleya nesiotica (Santa Cruz

Island dudleya) and Helianthemum

greenei (island rush-rose) pursuant to

the Endangered Species Act of 1973, as

amended (Act). The 13 plant taxa from

the northern Channel Islands, California

and their habitats have been variously

affected or are currently threatened by

one or more of the following: soil loss;

habitat alteration by mammals alien to

the Channel Islands (pigs, goats, sheep,

donkeys, cattle, deer, elk, bison); direct

predation by these same alien mammals;

habitat alteration by native seabirds;

habitat alteration due to vehicular

traffic; overcollection for scientific or

recreational purposes; competition with

alien plant taxa; reduced genetic

viability; depressed reproductive vigor;

and the chance of random extinction

resulting from small numbers of

individuals and populations. A notice of

withdrawal of the proposal to list

Dudleya blochmaniae ssp. insularis

(Santa Rosa Island dudleya), Dudleya

sp. nov. ‘‘East Point’’ (munchkin

dudleya), and Heuchera maxima (Island

alum-root) which were proposed (July

25, 1995, 60 FR 37993) for listing along

with the 13 taxa considered in this rule,

is published concurrently with this final

rule.

DATES: This rule becomes effective

September 2, 1997.

ADDRESSES: The complete file for this

rule is available for inspection by

appointment during normal business

hours at the Ventura Field Office, U.S.

Fish and Wildlife Service, 2493 Portola

Road, Suite B, Ventura, California

93003.

FOR FURTHER INFORMATION CONTACT: Tim

Thomas or Connie Rutherford,

Botanists, Ventura Field Office (see

ADDRESSES section) (telephone number

805/644–1766; facsimile 805/644–3958).

SUPPLEMENTARY INFORMATION:

Background

Arabis hoffmannii (Hoffmann’s rockcress), Arctostaphylos confertiflora

(Santa Rosa Island manzanita), Berberis

pinnata ssp. insularis (island barberry),

Castilleja mollis (soft-leaved

paintbrush), Dudleya nesiotica (Santa

Cruz Island dudleya), Galium

buxifolium (island bedstraw), Gilia

tenuiflora ssp. hoffmannii (Hoffmann’s

slender-flowered gilia), Helianthemum

greenei (island rush-rose),

Malacothamnus fasciculatus ssp.

nesioticus (Santa Cruz Island

bushmallow), Malacothrix indecora

(island malacothrix), Malacothrix

squalida (Santa Cruz Island

malacothrix), Phacelia insularis ssp.

insularis (island phacelia), and

Thysanocarpus conchuliferus (Santa

Cruz Island fringepod) are California

Channel Island endemics. The only

species in this group that is not

restricted to the four northern islands

(Anacapa, Santa Cruz, Santa Rosa, and

San Miguel) is the island rush-rose, with

one population known from Santa

Catalina Island.

Located offshore and south of Santa

Barbara County, the four northern

islands are the highest points on a 130

kilometer (km) (80 mile (mi)) long

seamount (Dibblee 1982). They are

included within the boundaries of the

Channel Islands National Park (CINP).

Anacapa Island is the smallest of the

four northern islands and includes three

smaller islands referred to as East,

Middle, and West Anacapa, that total

2.9 square (sq) km (1.1 sq mi); it is the

closest island to the mainland at a

distance of 20 km (13 mi). East and

Middle Anacapa islands are flat-topped,

wave-cut terraces largely surrounded by

steep cliffs. West Anacapa is the highest

of the three, reaching 283 meters (m)

(930 feet (ft)) above sea level. Santa Cruz
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40955

Island is the largest of the California

Channel Islands at 249 sq km (96 sq mi)

with the highest point being 753 m

(2,470 ft) above sea level. Santa Rosa

Island is 217 sq km (84 sq mi) in area

and 475 m (1,560 ft) at its highest point.

San Miguel Island, the westernmost of

the northern group, is 37 sq km (14 sq

mi) in area and 253 m (830 ft) in height.

Santa Catalina Island, on which one

population of Helianthemum greenei

occurs, lies about 113 km (70 mi) to the

southeast of the northern island group;

it is 194 sq km (75 sq mi) in area and

its highest elevation is 648 m (2,125 ft)

(Power 1980).

The northern Channel Islands are

managed primarily by Federal agencies.

Anacapa Island is managed by the

National Park Service (NPS) with an

inholding for the U.S. Coast Guard

lighthouse. The western 90 percent of

Santa Cruz Island is privately owned

and managed by The Nature

Conservancy (TNC). The remaining 10

percent of the island is Federal land

managed by the NPS. Santa Rosa Island

is managed by the NPS. San Miguel

Island is under the jurisdiction of the

U.S. Department of the Navy (Navy), but

the NPS has operational jurisdiction

through a Memorandum of Agreement.

Except for the City of Avalon, Santa

Catalina Island is privately owned and

managed by the Catalina Island

Conservancy.

Anacapa was set aside (with Santa

Barbara Island to the south) as a

National Monument in 1938. In 1980,

the U.S. Congress abolished the

National Monument and incorporated

its lands, waters and interests into

National Park status, adding Santa Cruz

Island and Santa Rosa Island (at that

time privately owned) within the

boundaries. The NPS acquisition of

Santa Rosa Island in 1986 was

accomplished by outright fee purchase

from the Vail and Vickers Ranching

Company. A cattle ranching operation

and a subleased commercial deer and

elk hunting operation on Santa Rosa

Island are operating under 5-year

renewable special use permits,

renewable until the year 2011.

TNC acquired an easement for 4,800

hectares (ha) (12,000 acres (ac)) of Santa

Cruz Island in 1978 and took ownership

of nine-tenths of the island in 1987.

TNC’s general goals for preserve

management include the preservation,

protection, restoration, and

understanding of the natural resources

(Rob Klinger, TNC, Santa Cruz Island,

pers. comm. 1994). Although a specific

management plan for the Santa Cruz

Island Preserve has not been developed,

TNC has developed a strategic direction

that will focus on managing feral pigs

(Sus scrofa), fennel (Foeniculum

vulgare), and fire. These activities

include long-term monitoring of specific

plant communities and rare plant

populations; trial programs in feral pig

removal, herbicide treatment of alien

plant species, controlled burns in

grassland and island pine communities;

and research on specific species and the

response of plant communities to

removal of non-native mammals. A 5-

year trial feral pig removal program was

successful in removing all but a few pigs

from a 2,400-ha (6,000-ac) exclosure on

the south side of the island. The number

of pigs fluctuates depending on

precipitation and acorn crop. TNC also

took immediate steps to remove cattle

(Bos taurus) and sheep (Ovis

domesticus) upon acquiring the

property, but has been unable to manage

the rapid spread of the alien plant,

fennel, that resulted from the release of

grazing pressure. TNC is exploring

options for implementing island-wide

feral pig removal and other management

activities; these options may include

developing an agreement with NPS for

that agency to manage the island. Pig

numbers are increasing on Santa Cruz

Island (E. Painter in litt. 1997).

Subsequent to the relocation by

missionaries of the native Chumash

Indian populations from the islands to

the mainland by 1814 (Hobbs 1983),

land use practices on the islands

focused on the introduction of a variety

of livestock including sheep, goats

(Capra hircus), cattle, pigs, burros

(Equus asinus), and horses (E. caballus).

Other alien mammal species were also

introduced, including deer (Odocoilius

hemionus), elk (Cervus canadensis

roosevelti), bison (Bison bison), rabbits

(Oryctolagus cuniculus), wild turkey

(Melegris gallopavo), California quail

(Callipepla californica), and chukar

(Alectoris chuckar) for ranching and

hunting purposes (Hochberg et al.

1980a, Minnich 1980, Jones et al. 1989).

The introduction of alien herbivores

to the islands has had catastrophic

effects on island vegetation. Pigs had

been released on Santa Cruz Island by

1854 (Hobbs 1983). Records for Santa

Cruz Island indicate that sheep had

been introduced in the early 1830’s; by

1875, sheep stocking was around 50,000

head (Hobbs 1983). In 1890, perhaps as

many as 100,000 sheep grazed on Santa

Cruz Island (Hochberg et al. 1980a).

Droughts, exacerbated by overgrazing,

occurred in 1864, 1870–72, 1877, 1893–

1904, 1923–24, 1935, 1946–48, 1964,

(Dunkle 1950, Johnson 1980) and most

recently 1986–91 (Halvorson 1993).

These episodes resulted in losses of

livestock and other herbivores due to

starvation (Johnson 1980, Sauer 1988).

Manipulation of the vegetation by over

150 years of intensive grazing and

browsing has resulted in the

replacement of native plant

communities with non-native grasslands

(Minnich 1980, Hobbs 1983).

Several alien weedy plants have

invaded the disturbed habitats of the

islands. One of the most obvious

problem species is fennel on Santa Cruz

Island. Fennel and other aggressive nonnative weed species displace native

species and further threaten the

ecological integrity of the island

ecosystems (Smith 1989, Simberloff

1990). Research methods and results to

date for the control of fennel were the

topics of several presentations at the

fourth Channel Islands symposium

(Brenton and Klinger 1994, Dash and

Gliessman 1994, Gliessman 1994).

Some progress has been made toward

eliminating alien animals from the

islands. TNC has eliminated the cattle

and sheep from the western portion of

Santa Cruz Island, and continues to

prevent sheep from invading from the

eastern portion of the island (Kelley

1997). The NPS purchased the east end

of the Santa Cruz Island in February

1997 and initiated a sheep control

program. The NPS has removed all the

pigs from Santa Rosa Island. A program

to control goats and pigs is being

implemented on western Santa Catalina

Island. However, no action has been

taken to eliminate deer and elk from

Santa Rosa Island, or pigs from the

majority of Santa Cruz Island, or bison

which have been introduced to Santa

Catalina Island.

The floristics of the islands are

composed of elements that have a

variety of origins, and include relict

populations of formerly wider-ranging

species such as the endemic island

ironwoods (Lyonothamnus floribundus)

and disjunct species such as the Torrey

pine (Pinus torreyana). Such species

typically occur in canyons and on

slopes with more moderate

environments than those that prevail in

surrounding areas. Island endemics,

including all of the species in this final

rule, have been discussed by Raven

(1967), Philbrick (1980), and Wallace

(1985). Fifty-four island endemic plant

species are known from the northern

Channel Islands; 15 species are single

island endemics (Halvorson et al. 1987).

Some of the most striking examples of

extinction have occurred from islands

around the world; from the Channel

Islands, notable extinctions include the

Santa Barbara Island song sparrow

(Melospiza melodia cooperi) and Santa

Cruz Island monkeyflower (Mimulus

brandegei). Nine plant species have

been extirpated from various islands
40956 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

within the northern island group: three

from Santa Cruz (Malacothrix incana,

Mimulus brandegei, and Sibara filifolia),

two from Santa Rosa (Berberis pinnata

ssp. insularis, and Helianthemum

greenei), and four from San Miguel

(Grindelia latifolia, Ceanothus

megacarpus ssp. insularis, Rhamnus

pirifolia, and Ericameria ericoides)

(Philbrick 1980, Halvorson et al. 1987,

Clark et al. 1990).

The main habitat types on the islands

include coastal dune, coastal bluff,

coastal sage scrub, grasslands, chaparral,

oak and ironwood woodlands, riparian

woodlands, and conifer forest; various

subdivisions of these types have been

described by Dunkle (1950), Philbrick

and Haller (1977), Minnich (1980), Clark

et al. (1990), and Coonan et al. (1996).

Coastal beach and associated dune

habitats occur in the windiest sandy

locations on the three westernmost

islands. These coastal habitats appear to

be relatively undisturbed compared to

mainland sites where development and

recreation have largely eliminated them.

Coastal bluff habitat has provided a

refugium for many plants from grazing

by non-native animals (Minnich 1980,

Halvorson et al. 1992).

The upland habitats were formerly

mostly shrub-dominated and included

coastal sage scrub and chaparral

habitats. Historic reports indicate that

these brushlands were impenetrable

(Hochberg et al. 1980a). Historical

photographs reveal a significant loss of

woody vegetation from the islands

during the last 100 years (Hobbs 1980,

Minnich 1980). Coastal sage habitat is

composed of soft-leaved, soft-stemmed

plants that are easily broken by

trampling and palatable to both

browsers and grazers. The original

coastal sage scrub habitat has been

reduced by overgrazing to the extent

that it persists only in locations

inaccessible to grazing and browsing

animals, such as bluffs and marginal

habitat in patches of cactus (Minnich

1980, Hobbs 1983, Painter in litt. 1997).

Coastal sage scrub habitat has increased

in importance on Anacapa and San

Miguel Islands where grazing has been

removed (Johnson 1980).

The structure of the remnant

chaparral habitats has also been

modified by grazing and browsing, such

that shrubs form arborescent (treelike)

shapes or extremely low, prostrate

forms. Continued browsing by deer and

elk on Santa Rosa Island has created an

open ‘skeleton’ community reticulated

by game trails that provide access to

nearly 100 percent of the habitat

(Hochberg et al. 1980a; Tim Thomas,

U.S. Fish and Wildlife Service

(USFWS), pers. obs., 1993).

Grasslands are largely composed of

non-native annual species and have

greatly expanded at the expense of most

other habitat types (Hobbs 1983, Cole

and Liu 1994). The pre-grazing

importance of cactus in the island

communities will never be known.

Overgrazing has resulted in the spread

of cactus to areas denuded by livestock.

Overgrazing on Santa Cruz Island

facilitated the spread of cactus to the

point that over 40 percent of the

rangeland was rendered useless

(Hochberg et al. 1980a). Cactus habitats

on Santa Cruz and Santa Rosa Islands

have been dramatically reduced to

improve cattle operations by the

introduction of biological controls

(Hochberg et al. 1980a).

Island woodlands are dominated by

unique endemic species and have also

been heavily affected by grazing,

browsing, and rooting animals seeking

summer shelter and food (Clark et al.

1990, Halvorson 1993). Riparian

woodlands are heavily modified

physically and structurally, and in some

areas they have been completely

eliminated (Hochberg et al. 1980a,

Minnich 1980). Normally, a canyon

with year-round water will have welldeveloped riparian vegetation that

includes willows (Salix spp.),

sycamores (Platanus racemosa),

cottonwoods (Populus spp.) and oaks

(Quercus spp.). This vegetation would

typically support a rich diversity of

organisms, especially neo-tropical

migratory bird species, but years of

overutilization by introduced mammals

have considerably reduced this formerly

resource-rich habitat.

The bishop pine forests that are

protected from grazing have welldeveloped foliar cover and pine

reproduction (Hobbs 1978). In contrast,

Clark et al. (1990) reported that bishop

pine forests that are subjected to grazing

lack the protective nutrient layer of

ground litter and exhibit no

reproduction.

Pigs, cattle, deer, elk, goats, sheep,

and bison continue to threaten and

further degrade whole ecosystems on

the islands (Sauer 1988, Halvorson

1993). Many of the taxa in this rule

survive only in areas that are

inaccessible to the alien ungulates and

then only on sites that are marginally

suitable making their persistence

tenuous (Painter in litt. 1997).

Discussion of the Taxa Included in This

Rule

The current and historic distribution

of the taxa included in this rule are

shown in Table 1. Seven of these taxa

are known only from one island,

although two of these have been

extirpated from other islands on which

they occurred historically. The

remaining six taxa currently occur on

only two islands, although two of these

six have been extirpated from a third

island from which they were known

historically. All but 3 of the 13 taxa are

known from five or fewer populations.

Arabis hoffmannii (Hoffmann’s rockcress) was described by Philip

Alexander Munz as Arabis maxima var.

hoffmannii in 1932 based on specimens

collected by Ralph Hoffmann at the ‘‘sea

cliffs east of Dick’s Harbor,’’ now known

as Platts Harbor, on Santa Cruz Island in

1932 (Rollins 1936). T.S. Brandegee had

collected this rock-cress as early as 1888

from an unspecified location on Santa

Cruz Island. In 1936, Reed Clark Rollins

elevated the taxon to species status by

publishing the name Arabis hoffmannii.

This nomenclature was retained in the

most recent treatment of the genus

(Rollins 1993).

Arabis hoffmannii is a slender,

herbaceous, monocarpic (flowering once

then dying) perennial in the mustard

(Brassicaceae) family. The one to several

stems reach 0.6 m (2.0 ft) high, and have

slightly toothed basal leaves. The white

to lavender flowers, comprised of four

petals 1 centimeter (cm) (0.4 inch (in))

long, are found at the tips of the stems.

The slightly curved fruits are borne on

long stalks (siliques). The only other

rock-cress that occurs on the islands,

Arabis glabra var. glabra, is a taller

plant with cream-colored flowers.

TABLE 1

Scientific name Growth form Number of

populations

Distribution

mA wA CR RO MI CA

Arabis hoffmannii ................................. Perennial ................. 4 h x x

Arctostaphylos confertiflora ................. Shrub ...................... <10 x

Berberis pinnata ssp. insularis ............ Shrub or vine .......... 3 h x h
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40957

TABLE 1—Continued

Scientific name Growth form Number of

populations

Distribution

mA wA CR RO MI CA

Castilleja mollis .................................... Perennial ................. 2 x h

Dudleya nesiotica ................................ Succulent ................ 1 x

Galium buxifolium ................................ Sub-shrub ............... 10 x x

Gilia tenuiflora ssp. hoffmannii ............ Annual ..................... 3 x

Helianthemum greenei ......................... Sub-shrub ............... 14 x h x

Malacothamnus fasciculatus ssp.

nesioticus.

Shrub ...................... 2 x

Malacothrix indecora ............................ Annual ..................... 2 x x h

Malacothrix squalida ............................ Annual ..................... (3) x x x

Phacelia insularis ssp. insularis ........... Annual ..................... 1(5) x x

Thysanocarpus conchuliferus .............. Annual ..................... (8) x

NOTE.—Growth form, estimated number of populations within the past five or ten (in parentheses) years, and distribution (x) of the thirteen

plant taxa; mA=middle Anacapa, wA=west Anacapa, CR=Santa Cruz, RO=Santa Rosa, MI=San Miguel, CA=Santa Catalina, h=historic distribution.

Since Brandegee’s collection was

made in 1888, few collections of Arabis

hoffmannii have been made. On Santa

Cruz Island, Moran made a collection

from the ‘‘Central Valley’’ in 1950, and

McPherson collected the plant near

Centinela Grade, possibly the same

location, in 1967 (Steve Junak, pers.

comm. 1993). It was not until 1985 that

Steve Junak relocated a population at

this location (Schuyler 1986). For many

decades, Hoffmann’s original collection

site, near Platts Harbor on Santa Cruz

Island, was in ‘‘an area of intense feral

animal (sheep) disturbance,’’ and no

plants could be found (Hochberg et al.

1980a). In fact, in 1983, the Service

published in the Federal Register (48

FR 53640) a notice of review that

considered this species to be extinct.

However, surveys conducted by TNC in

1985 were successful in relocating the

plant near Platts Harbor (Schuyler

1986).

According to Moran’s field notes, he

collected Arabis hoffmannii from

Anacapa Island in 1941 ‘‘on the slopes

above Frenchy’s Cove’’ (S. Junak, pers.

comm. 1993). However, no specimens

from this collection have been found in

herbaria with known collections of

island species, and recent surveys have

failed to relocate the plant on Anacapa

Island (S. Junak, pers. comm. 1993).

Hoffmann reported the plant from ‘‘the

bank above Water Canyon’’ on Santa

Rosa Island in 1930, but numerous

recent surveys have failed to locate any

plants from that location (S. Junak, pers.

comm. 1993). In 1996, a new population

of the plant was discovered near the

mouth of Lobo Canyon on Santa Rosa

Island (McEachern 1996, Wilken 1996).

The population consists of eight plants,

three of which were flowering and the

remaining five were vegetative rosettes.

The plants are located on a rocky shelf

overhanging the canyon, and are

associated with giant coreopsis

(Coreopsis gigantea), Greene’s dudleya

(Dudleya greenei), Indian pink (Silene

laciniata), and non-native grasses. The

canyon bottom below the shelf is

heavily grazed and trampled by deer,

cattle, and elk.

In addition to the lone population on

Santa Rosa Island, Arabis hoffmannii is

also currently known from three small

populations that collectively cover less

than 0.4 hectare (1 acre) on Santa Cruz

Island. One of these three populations,

near Platts Harbor is located on rocky

volcanic cliffs along a north-facing

canyon on lands owned by TNC.

Because of inaccessibility, and the loose

structure of the volcanic rock, the cliff

site has not been thoroughly surveyed.

Only a few dozen plants have been

directly observed, but the cliffs may

support additional individuals. A

second population, near Centinela

Grade, is growing on Santa Cruz Island

volcanics and is associated with giant

coreopsis (Coreopsis gigantea), Santa

Cruz Island buckwheat (Eriogonum

arborescens), and coastal prickly pear

(Opuntia littoralis), on lands owned and

managed by TNC. When Junak relocated

this population, approximately 30

individuals were seen. TNC has

monitored this population since 1990,

with fewer than 30 plants observed each

year (Klinger 1994a). The third

population on Santa Cruz Island was

located in 1995 near Stanton Ranch, and

consists of 16 plants as of 1996 (Wilken

1996).

Recent research by Wilken (1996) on

reproductive strategies of Arabis

hoffmannii shows that individual plants

in cultivation may reproduce within 2

years following establishment, with

some plants surviving for at least 5

years. Individual rosettes are

monocarpic, but some plants have more

than one rosette. Arabis hoffmannii

does not appear to be dependent upon

pollinators for seed set, and individual

plants may produce as many as 3,000 to

4,000 seed. However, the small sizes of

natural populations indicate that

establishment success of new plants is

low. Monitoring results at two sites on

Santa Cruz Island (Centinela and

Stanton) suggest poor establishment

success because of a lack of favorable

seed germination sites, a high rate of

seedling mortality, or a combination of

both factors (Wilken 1996). At these two

sites, surviving plants tend to be found

in the shade of shrubs where there is a

low cover of annual species, suggesting

that Arabis hoffmannii cannot tolerate

competition with a high cover of annual

species. Fewer than 100 plants in total

were present in the three studied

populations (Wilken 1996).

The major threats to Arabis

hoffmannii are loss of soil, habitat

degradation, trampling of potential seed

germination sites by non-native

ungulates, predation resulting from feral

pig rooting, and competition with

annual plants.

Arctostaphylos confertiflora (Santa

Rosa Island manzanita) was described

by Eastwood in 1934 from a collection

made by Hoffmann 4 years earlier ‘‘in a

sheltered dell south of Black Mountain’’

on Santa Rosa Island (Eastwood 1934).

Munz (1958) published the new

combination Arctostaphylos subcordata

var. confertiflora. However, in

subsequent treatments of the genus

Wells (1968, 1993) has continued to use

the original taxonomy.

Arctostaphylos confertiflora is a

perennial shrub in the heath (Ericaceae)

family that grows 0.1 to 2.0 m (4 in to

6.5 ft) high (Wells 1993). The plant has

smooth, dark red-purple bark, densely

hairy branchlets, bracts, and pedicels,

and light green, round-ovate leaves. The

flowers are borne in numerous dense
40958 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

panicles that mature into flattened

reddish-brown fruits (McMinn 1951).

The only other manzanita that occurs on

Santa Rosa Island, Arctostaphylos.

tomentosa, forms a fire-resistant burl at

the base of the stems. Arctostaphylos

confertiflora is not burl-forming and is

considered an obligate seeder, requiring

fire for regeneration. It occurs in

prostrate and upright forms, the former

most likely due to climatic and

herbivorous influences (McMinn 1951).

Arctostaphylos confertiflora is known

only from two areas on Santa Rosa

Island. All but a few plants occur in the

northeast portion of the island near, and

east of, Black Mountain. Individual

plants have been observed at scattered

sites from upper Lobo Canyon east to

the Torrey pine groves along Beechen’s

Bay, a distance of about 5 km (3 mi).

Junak estimated that total habitat for the

plant comprises only a few acres (S.

Junak, pers. comm. 1994); Clark et al.

(1990) noted that it occurs in low

numbers. During 1994 surveys, three

small patches were mapped within the

Torrey pine groves, two in canyons on

the north side of Black Mountain, and

one plant near South Point (Rindlaub

1995). Additional surveys of potential

habitat were begun in 1996 by United

States Geological Survey Biological

Resources Division (BRD) staff, but to

date, few shrubs have been found

(McEachern 1996). Observed shrubs

have had recent twig growth browsed

off by deer, and no seedlings or young

plants have been observed. Ungulates

have access to more than 90 percent of

the plants (McEachern 1996). Fewer

than 400 plants are estimated to occur,

all restricted to nearly vertical canyon

walls in eight populations in the Black

Mountain vicinity (McEachern and

Wilken 1996). Despite the steepness of

the slopes, deer and elk are capable of

traveling along trails which provide

access to various portions of the

populations. A few individuals are also

known from Johnson’s Lee on the south

side of the island (Rindlaub 1994).

The plant is found on sedimentary

substrates of Monterey shales and soft

volcanoclastic sediments derived from

San Miguel volcanics (Weaver et al.

1969). Near the southern tip of the

island, a few individuals are scattered

on the slopes above South Point on

sandstone outcrops. The taxon occurs as

a component of mixed chaparral, mixed

woodland, Torrey pine woodland, and

island pine woodland communities.

Researchers observed that elk and deer

bed down in the shade of larger shrubs,

including Arctostaphylos confertiflora,

causing compaction and erosion of soils,

and exposing the roots of the plants

(McEachern and Wilken 1996).

Arctostaphylos confertiflora is

threatened by soil loss, low

reproductive success, and herbivory by

elk and deer that has contributed to

reproductive failure. The seed bank is

either absent or so depleted as a result

of soil loss that a catastrophic fire could

eliminate the species because

recruitment is dependent upon fire

treated seed.

Berberis pinnata ssp. insularis (island

barberry) was described by Munz (Munz

and Roos 1950) based on a specimen

collected by Wolf in 1932 ‘‘west of

summit of Buena Vista Grade (also

known as Centinela Grade), interior of

Santa Cruz Island.’’ In 1981, Roof

included this taxon in the genus

Mahonia because the leaves are

compound, in contrast with the simple

leaves of Berberis (Roof 1981). However,

Moran (1982) made the case that this

one character was insufficient to defend

Mahonia as a distinct natural group, and

many subsequent treatments have

included all North American taxa

previously referred to Mahonia as

Berberis. This taxon has been treated as

Berberis pinnata ssp. insularis by Munz

(1974), Smith (1976), and Williams

(1993).

Berberis pinnata ssp. insularis is a

perennial shrub in the barberry family

(Berberidaceae). The plant has

spreading stems that reach 2 to 8 m (5

to 25 ft) high, with large leaves divided

into five to nine glossy green leaflets.

Clusters of yellow flowers at the branch

tips develop into blue berries covered

with a white bloom (waxy coating).

Because new shoots can sprout from

underground rhizomes, many stems

may actually represent one genetic

clone (Hochberg et al. 1980b, California

Native Plant Society (CNPS) 1984,

Williams 1993). Recent research

indicates that, although the plant is

genetically self-compatible, it requires

insect visitation for pollination. Each

flower produces from 2 to 3 seeds, but

in seed germination experiments only 8

out of 40 seedlings survived long

enough to produce secondary leaves

(Wilken 1996). Observations on the one

plant in upper Can ̃ ada Christy indicated

that, of over 100 flowers that were in

bud in January 1996, only 7 immature

fruit had developed by May, 1996

(Wilken 1996).

In a letter to Hoffmann in 1932

concerning Berberis pinnata ssp.

insularis, Munz remarked that,

‘‘Brandegee says of B. pinnata, that it is

‘‘common’’ on S.C. [Santa Cruz]’’ (S.

Junak, in litt. 1994). Berberis pinnata

ssp. insularis is currently known from

three small populations in moist,

shaded canyons on Santa Cruz Island.

Hoffmann found several individuals ‘‘in

Elder canyon that runs from west into

Can ̃ ada de la Casa’’ on Santa Rosa Island

in 1930 (California Natural Diversity

Data Base (CNDDB) 1993). No plants

have been found on Santa Rosa Island

since that time despite surveys by staff

from the Service, NPS, BRD, and Santa

Barbara Botanic Garden between 1993

and 1996. Dunkle collected Berberis

pinnata ssp. insularis on West Anacapa

Island in 1940, but the plant was not

found there again until 1980, when one

clone was found in Summit Canyon

associated with chaparral species,

including poison oak (Toxicodendron

diversilobum), monkeyflower (Mimulus

aurantiacus), coyote bush (Baccharis

sp.), goldenbush (Hazardia detonsus),

island alum-root (Heuchera maxima)

and wild cucumber (Marah

macrocarpus). In 1994, Junak,

Halvorson, and Chaney visited this site

and found that the clone had died

(Chaney 1994), and the plant is

therefore believed to be extirpated from

Anacapa Island.

The three known populations of

Berberis pinnata ssp. insularis occur on

Santa Cruz Island. One population on

the north slope of Diablo Peak

comprises 24 large stems and 75 small

stems (Klinger 1994c); this number of

stems may represent one or several

clonal individuals. In 1979, a second

population near Campo Raton (Can ̃ ada

Cristy) was estimated to be fewer than

10 individuals, but in 1985, only one

plant was seen (CNDDB 1994). Habitat

for the plant was systematically

searched recently in the Campo Raton

area and two individuals were located.

Both plants were in danger of uprooting

from erosion and only one plant

flowered but it did not set fruit (Wilken

in litt. 1997). The size of the third

known population, at Hazard’s Canyon,

has not been determined due to

inaccessibility, but Schuyler estimated

that there were between one and seven

plants at this location (Wilken 1996).

Berberis pinnata ssp. insularis is

threatened by soil loss and habitat

alteration caused by feral pig rooting.

Although ex-situ clones have been

established from vegetative cuttings,

populations in the field show no signs

of successful sexual reproduction.

Castilleja mollis (soft-leaved

paintbrush) was described by Pennell as

Castilleja mollis in 1947, based on

material collected on Santa Rosa Island

in 1939 (Ingram 1990, Heckard et al.

1991). Hoover (1970) and Munz and

Keck (1973) included plants of coastal

sand dunes of San Luis Obispo County

in the description of this taxon.

However, the taxon is now considered

to be endemic to Santa Rosa Island

(Ingram 1990, Heckard et al. 1991).
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40959

Castilleja mollis is a partially parasitic

perennial herb in the figwort

(Scrophulariaceae) family. The most

likely host in this case is goldenbush

(Isocoma menziesii var. sedoides)

(Painter 1995, Wetherwax 1995). The

plant has semi-prostrate branches that

reach 40 cm (16 in) in length, with

bracts and upper leaves that are grayish,

fleshy, broad and rounded and crowded

at the apex, and the bract and calyx are

yellow to yellowish green above

(Heckard et al. 1991). Ingram (1990)

identified several morphological

differences between Castilleja mollis

and the similar Castilleja affinis,

including the indument (covering) of

distinctive branched hairs and rounded

stem leaves in the former taxon.

Observations by Rindlaub (1994) and

NPS staff (NPS 1996) indicate that

individuals at higher elevations at one

site (Carrington Point) may represent

hybrids between Castilleja affinis and

Castilleja mollis.

Two specimens collected from Point

Bennett on San Miguel Island by Elmore

in 1938 are possibly Castilleja mollis

(Wallace 1985; Heckard et al. 1991).

Despite recent searches, the taxon has

not been seen on the San Miguel Island

since then (S. Junak, pers. comm. 1994).

Castilleja mollis is currently known

only from two areas on Santa Rosa

Island, Carrington Point in the northeast

corner of the island, and west of Jaw

Gulch and Orr’s Camp along the north

shore of the island. At Carrington Point,

the plant occurs in stabilized dune

scrub vegetation dominated by

goldenbush (Isocoma menziesii var.

sedoides), lupine (Lupinus albifrons),

and Pacific ryegrass (Leymus pacificus).

At Jaw Gulch, the paintbrush occurs

with alien iceplants (Carpobrotus spp.

and Mesembryanthemum spp.), native

milk-vetch (Astragalus miguelensis),

and alien grasses.

In 1993, the Jaw Gulch population

was estimated to have up to 1,000

individuals covering an area of less than

2 ha (5 ac) (C. Rutherford and T.

Thomas, USFWS, pers. obs. 1993), an

estimate confirmed in recent field

studies (McEachern and Wilken 1996).

During Ingram’s field studies in 1990,

the Carrington Point population

consisted of only 20 individuals (Ingram

1990). The current estimate for the

Carrington population is several

hundred plants (McEachern and Wilken

1996).

In 1994, Rindlaub gathered

abundance and density data for the two

populations: on Carrington Point,

population density averaged 0.9 plants/

sq m, and at Jaw Gulch, population

density averaged 2.0 plants/sq m.

Demographic plots were established in

1995 in both populations. Although

analysis of 1995 and 1996 data is not

complete, initial analysis indicates that

approximately 50 percent of Castilleja

mollis stems were broken, either

through browsing or trampling. Trailing

and deer droppings have been observed

at the Carrington Point population, and

cattle, deer, and elk droppings were

observed at the Jaw Gulch population

between 1994 and 1996 (McEachern

1996). The Jaw Gulch population was

also used as a bedding area for deer

during the fall of 1993 (Dan Richards,

CINP, pers. comm. 1994).

The most severe threat to Castilleja

mollis is deer and elk browsing and

grazing. Other threats to Castilleja

mollis are soil loss, habitat alteration

and herbivory by cattle, deer bedding,

and competition with alien plant taxa.

Castilleja mollis is also known to be

hemi-parasitic, or partially dependent

on a host plant for water and dissolved

substances (Chuang and Heckard 1993).

Therefore, loss of the probable host

plant, goldenbush, through these same

mechanisms also reduces the ability of

Castilleja mollis to reproduce (E.

Painter, in litt. 1997, M. Weatherwax, in

litt. 1995).

Dudleya nesiotica (Santa Cruz Island

dudleya) was described by Moran

(1950b) as Hasseanthus nesioticus based

on a specimen collected from a ‘‘flat

area near edge of sea bluff, Fraser

Point,’’ on the west end of Santa Cruz

Island in 1950. Three years later, Moran

(1953) transferred the species to the

genus Dudleya, as Dudleya nesiotica.

Dudleya nesiotica is a succulent

perennial in the stonecrop family

(Crassulaceae). The plant has a cormlike stem with 8 to 16 oblanceolate

leaves in a basal rosette from which

several flowering stems 3 to 10 cm (1.2

to 4.0 in) tall arise. The white fivepetaled flowers and resulting fruits are

erect to ascending. Recent research by

Wilken (1996) indicates that the number

of flowers per plant ranges from 6 to 12.

Dudleya nesiotica is known only from

one population, the type locality at

Fraser Point on the west end of Santa

Cruz Island (Vivrett in litt. 1996). The

population is situated on the lowest

marine terrace in coastal scrub and

grasslands (Junak et al. 1995). The west

end of the population is associated with

sagebrush (Atriplex californica),

iceplant (Mesembryanthemum

nodiflorum), alkali heath (Frankenia

salina), goldfields (Lasthenia

californica), and pickleweed (Salicornia

subterminalis). The east end of the

population is associated with Australian

saltbush (Atriplex semibaccata), brome

(Bromus hordeaceus), goldfields

(Lasthenia californica), purple

needlegrass (Nasella pulchra), and

vulpia (Vulpia myuros).

Since the time the proposed rule was

prepared, more accurate information on

location, extent, and size of populations

has been gathered by Wilken (1996).

Within the general area near Fraser

Point, where a total of 13 ha (32 ac) are

occupied by the plant, four sites of high

densities were sampled. From 1994 to

1996, estimates of absolute population

size ranged from 30,000 to 60,000 plants

(Wilken in litt. 1997) which is a

substantial increase in the numbers

believed to exist during the preparation

of the proposed rule.

The Nature Conservancy has

calculated density, cover, and height of

plants within 30 randomly selected

plots at this location since 1991. Annual

variation in density has ranged from

16.9 to 29.1 plants/sq m (20.2 to 34.8/

sq yard), annual variation in cover has

ranged from 8.7 to 16.1 percent, and

annual variation in height of rosettes

has ranged from 1.27 to 1.68 cm (0.50

to 0.66 in) (Klinger 1995).

Dudleya nesiotica remains vulnerable

to soil loss, herbivory by feral pigs, and

disturbance by pig rooting. Like many

dudleyas, Dudleya nesiotica is also

vulnerable to collecting for botanical or

horticultural use (Moran 1979).

Galium buxifolium (island bedstraw)

was described by Greene in 1886 based

on specimens collected on Santa Cruz

Island (Ferris 1960). In 1958, Dempster

included the taxon as a variety of

Galium catalinense. Ferris (1960)

suggested that the taxon was

subspecifically distinct from Galium

catalinense. In 1973, Dempster

recognized the taxon as a separate

species based on differences in the

nutlet hairs between it and Galium

catalinense.

Galium buxifolium is a small, stout

woody shrub in the bedstraw

(Rubiaceae) family. The plant grows to

12 decimeters (dm) (4 ft) in height, and

has swollen nodes bearing numerous

leafy branches. The leaves are larger

than those of most other Galium taxa,

and have conspicuous lateral veins with

stout hairs on the lower surface

(Dempster 1973). The relatively broad

leaves and the tiny upward-curved hairs

that cover the fruits are unique

characteristics that distinguish it from

the six other species of Galium that

occur on the islands (Hochberg et al.

1980b).

A putative collection of Galium

buxifolium was made from the ‘‘Torrey

Pine grove, Santa Rosa Island,’’ in 1941

by Moran; apparently this was a

misidentified collection of Galium

nuttallii (York, in litt. 1987). Therefore

no collections of this taxon are known
40960 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

from Santa Rosa Island. Galium

buxifolium is currently known from

Santa Cruz and San Miguel Islands

where it occurs on north-facing sea

cliffs. Eight populations occur on TNC

lands on Santa Cruz Island. In 1980,

Hochberg et al. (1980b) noted that two

of these populations had fewer than 50

individuals each, and the remaining

populations had less than six

individuals each. No recent status

information is available for the Santa

Cruz Island populations. Two

populations were located on San Miguel

Island in 1993, one with about 200

individuals, and the other having fewer

than ten plants. Five other historical

collections have been made from the

island, but no plants have been seen at

these other localities for almost 30

years. The plant occurs on ‘‘bluffs and

rocky slopes’’ (Dempster 1973) in

coastal sage scrub and island pine

forest.

Galium buxifolium is threatened by

soil loss, and habitat alteration and

herbivory from feral pig rooting and

sheep grazing.

Gilia tenuiflora ssp. hoffmannii

(Hoffmann’s slender-flowered Gilia) was

described as Gilia hoffmannii by

Eastwood in 1940 based on collections

made by Hoffmann ‘‘in sandy soil at

East Point’’ on Santa Rosa Island ten

years earlier (Eastwood 1940). Eastwood

remarked that, although the taxon is

related to Gilia tenuiflora, no variation

of the latter included the leafy stems

and terminal congested inflorescence of

Gilia hoffmannii (Eastwood 1940).

Nevertheless, Jepson (1943) included

the taxon in the description of Gilia

tenuiflora var. tenuiflora in his flora of

California, as did Abrams (1951) in his

flora of the Pacific states. In 1959, Munz

included the varieties of tenuiflora as

subspecies, including ssp. hoffmannii,

as per a 1956 treatment by the Grants

(Munz and Keck 1973). This

nomenclature was used in the latest

treatment of the genus (Day 1993). Of

the four subspecies of Gilia tenuiflora,

the subspecies hoffmannii is the only

one that occurs in southern California.

Two other Gilia species occur on Santa

Rosa Island, but G. tenuiflora ssp.

hoffmannii is distinguished from them

by the presence of arachnoid woolly

pubescence at the base of the stem.

Gilia tenuiflora ssp. hoffmannii is a

small, erect annual herb in the phlox

(Polemoniaceae) family. The central

stem grows 6 to 12 cm (2.4 to 4.7 in) tall,

arising from a rosette of densely hairy,

strap-shaped, short-lobed leaves. The

flowers are purplish and funnel-shaped

below, widening to five pinkish corolla

lobes.

Gilia tenuiflora ssp. hoffmannii

historically has only been collected

from two locations on Santa Rosa

Island. A collection was made by Reid

Moran from the ‘‘arroyo between Ranch

and Carrington Point’’ in 1941

(Rutherford and Thomas 1994). In 1994,

Rindlaub located a population of 88

individuals covering 2 sq m that

reasonably corresponds to Moran’s site

and is grazed by cattle (Rindlaub 1994).

The other historical location is at the

type locality near East Point on Santa

Rosa Island, where it is still found.

Here, it occurs as a component of dune

scrub vegetation with sand verbena

(Abronia maritima), silver beach-weed

(Ambrosia chamissonis), saltgrass

(Distichlis spicata), miniature lupine

(Lupinus bicolor), plantain (Plantago

erecta), and sand-dune bluegrass (Poa

douglasii) (T. Thomas, in litt. 1993). In

1994, this population consisted of about

2,000 plants (Rindlaub 1994). During

1994 surveys, a third population

comprised of three colonies was found

at Skunk Point. This population

comprised approximately 3,000 to 3,500

individuals that had been obviously

grazed by cattle (Rindlaub 1994).

Gilia tenuiflora ssp. hoffmannii is

threatened by soil damage, habitat

alteration and herbivory by cattle, elk

and deer. A sandy service road used by

NPS and ranchers bisects the East Point

population. NPS constructed a fence to

exclude cattle from a portion of the

largest population; however, a

considerable portion of the population

has had increased trampling by cattle

and greater impacts from vehicles as a

result of the fence construction and

continued use of the road.

Helianthemum greenei (Island rushrose) was described by Robinson as

Helianthemum greenei in 1895 (Abrams

1951). The type locality was described

as ‘‘a dry summit near the central part

of the island of Santa Cruz’’ (Abrams

1951). This nomenclature was retained

in the most recent treatment for the

genus (McClintock 1993).

Helianthemum greenei is a small

shrub in the rock-rose (Cistaceae)

family. The plant grows to 0.5 m (18 in)

tall and has alternate leaves covered

with star-shaped hairs. The reddish,

glandular stalks support yellow-petaled

flowers to 2.5 cm (1 in) wide. The fruit

is a pointed capsule 0.6 cm (0.25 in)

long. A more abundant species found on

the islands, Helianthemum scoparium,

is similar in appearance, but is not

glandular-hairy and has greenish stalks

and smaller fruits (Hochberg 1980b).

McMinn (1951) and later Thorne

(1967) reported seeing Helianthemum

greenei on San Miguel Island, but no

collections exist from that island in

herbaria (Hochberg et al. 1980b, Wallace

n.d.). Two collections of the plant were

made from Santa Rosa Island by Epling

and Erickson and Dunn in the 1930’s

(Wallace 1985), but no collections on

Santa Rosa Island have been made since

that time, despite recent surveys.

Helianthemum greenei was reported

from the northeast side of Black Jack

Mountain on Santa Catalina Island by

Thorne (1967) in 1966. No collections

have been made at this locality but a

population of three individuals was

recently reported from there (Janet

Takara, Catalina Island Conservancy,

pers. comm. 1994). Habitat for the plant

on Santa Catalina Island is being grazed

by goats, mule deer, and bison, and is

being rooted by pigs.

In addition to the one population on

Santa Catalina Island, Helianthemum

greenei is currently known from 14

populations on Santa Cruz Island. The

taxon is found in open, exposed areas in

chaparral, coastal sage scrub, and island

pine forest. In 1980, prior to sheep

removal from TNC lands on Santa Cruz

Island, Hochberg et al. (1980b) found

that, of ten populations, two had several

dozen individuals, and six others has

fewer than six individuals. Hochberg et

al. (1980b) indicated that the plant is

eliminated by intense feral animal

disturbance, and noted that the

population recorded by Abrams and

Wiggins in 1930 at Pelican Bay has not

been relocated. The BRD sponsored

surveys in 1995 and 1996 reported 14

populations, ten of which had nine as

the mean number of plants and four had

populations that ranged from 500 to

1,000 (McEachern and Wilken 1996).

The number of individuals was clearly

related to recent fire history with the ten

sites having few individuals being

unburned, and four populations with a

mean number of 663 having burned in

1994 (McEachern and Wilken 1996).

Helianthemum greenei is vulnerable

to soil damage, altered fire frequencies

and intensities, and rooting by feral

pigs.

Malacothamnus fasciculatus var.

nesioticus (Santa Cruz Island

bushmallow) was described by

Robinson in 1897, as Malvastrum

nesioticum, based on material collected

by Greene in 1886 (Robinson 1897).

This taxon has been placed in several

different genera, as Malacothamnus

nesioticus (Abrams 1910), Sphaeralcea

nesiotica (Jepson 1925), Sphaeralcea

fasciculata var. nesiotica (Jepson 1936),

and Malvastrum fasciculatum var.

nesioticum by McMinn (Kearney 1951).

Kearney (1951) published the

combination Malacothamnus

fasciculatus var. nesioticus. Bates (1993)

did not recognize var. nesioticus as
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40961

being distinct noting that

Malacothamnus fasciculatus is a highly

variable species ‘‘with many indistinct

and intergrading local forms.’’ Of var.

nesioticus, Bates (1993) notes that the

taxon is essentially indistinguishable

from the mainland var. nuttallii.

However, recent studies on the genetics

of Malacothamnus have determined that

var. nesioticus is a distinct variety

(Swenson et al. 1995), and it is

recognized as such in the Flora of Santa

Cruz Island (Junak et al. 1995).

Malacothamnus fasciculatus var.

nesioticus is a small soft-woody shrub

in the mallow (Malvaceae) family. The

plant reaches up to 2 m (6 ft) tall, and

has slender branches covered with starshaped hairs. The palmately shaped

leaves are dark green on the upper

surface and gray on the lower surface.

The rose-colored flowers are up to 3.75

cm (1.5 in) broad and scattered along

the ends of the branches (Hochberg et al.

1980b). It is differentiated from the

mainland var. nuttallii by its bicolored

leaves and genetic distinction (Swenson

et al. 1995).

Malacothamnus fasciculatus var.

nesioticus was already rare by the turn

of the century when Greene wrote that

the plant was ‘‘rare; only two bushes

seen, and these under the protection of

large opuntias; perhaps thus kept from

the sheep’’ (Hochberg et al. 1980a).

Malacothanmus fasciculatus var.

nesioticus is currently known from two

small populations on Santa Cruz Island

where it occurs within a coastal sage

scrub community (Wilken 1996). One

population of less than 50 individuals

(10 clones) is located on the west shore

of the island near the historic Christy

Ranch. The second population was

discovered in 1993 in the Central Valley

near the University of California Field

Station. Recent genetic analyses of the

Central Valley population indicated

that, although there are 19 individual

shrubs, they consist of only 3 genotypes

or 3 clones (Swensen et al. 1995).

Malacothamnus fasciculatus var.

nesioticus is threatened by soil loss,

habitat alteration, and feral pig rooting. Malacothrix indecora (Santa Cruz

Island malacothrix) was described by

Greene (1886) as Malacothrix indecora

based on specimens collected from

‘‘islets close to the northern shore’’ of

Santa Cruz Island (Greene 1886). In

1957, Williams published the

combination Malacothrix foliosa var.

indecora (Ferris 1960). Munz (1974)

subsequently synonymized the taxon

with Malacothrix foliosa. However,

Ferris (1960) and others (Smith 1976,

Davis 1980) continued to recognize the

taxon as a separate species with the

name Malacothrix indecora. The latter

nomenclature was retained in the most

recent treatment of the genus (Davis

1993).

Malacothrix indecora is an annual

herb in the aster (Asteraceae) family.

The 20 to 40 cm (8 to 16 in) tall stems

support numerous broadly lobed fleshy

leaves with blunt tips. The greenish

yellow flowers are in hemispheric heads

surrounded by linear bracts (Hochberg

1980b; Scott in Junak et al. 1995). Two

other annual species of Malacothrix

occur on the same islands as

Malacothrix indecora; however, the

achenes (seeds) of Malacothrix similis

are topped with 18 teeth and 1 bristle

and Malacothrix squalida is topped

with irregular teeth and no bristle,

whereas Malacothrix indecora has

neither of these features (Scott in Junak

et al. 1995).

Historical collections of Malacothrix

indecora were made from several

locations on the northeast shore of San

Miguel Island, and on Prince Island off

of the north shore of San Miguel Island

by Greene, and, later, by Hoffmann

(Hochberg et al. 1979; Davis 1987). In

1978, Hochberg et al. (1979) observed

three populations. Halvorson et al.

(1992) reported finding this species at

one location during surveys in 1988 and

1989, but no collections were made to

confirm identification of the taxon. On

Santa Cruz Island, Malacothrix

indecora was collected near Twin

Harbor by Williams in 1939 (Davis

1987), but this population has not been

relocated.

Malacothrix indecora is currently

known from two populations. Junak

discovered one population in 1980 at

Black Point on the west end of Santa

Cruz Island. Several hundred

individuals were observed at this site by

Junak in 1985 in exposed coastal flats,

where it was associated with Santa Cruz

Island buckwheat (Eriogonum grande

var. rubescens) and iceplant

(Mesembryanthemum nodiflorum)

(CNDDB 1991). On a subsequent trip in

1989, only 50 plants were observed in

the same location (S. Junak, pers. comm.

1994), and fewer than 100 plants in

1996 (Wilken in litt. 1997). The second

population of Malacothrix indecora,

also comprised of fewer than 100 plants,

was discovered on Santa Rosa Island in

1996 at the mouth of Lobo Canyon

(Wilken in litt. 1997).

Malacothrix indecora is threatened by

soil loss, habitat alteration and

herbivory resulting from feral pig

rooting, cattle grazing and trampling,

and seabird activity. Historical habitat

for Malacothrix indecora on San Miguel

Island and Prince Island has been

altered by seabird nesting activity. Malacothrix squalida (island

malacothrix) was described by Greene

in 1886 from specimens collected from

an islet off the northern shore of Santa

Cruz Island (Greene 1886). In 1957,

Williams published the combination

Malacothrix foliosa var. squalida; a year

later, Ferris (1960) published the

combination Malacothrix insularis var.

squalida. In 1959, Munz recognized the

taxon as Malacothrix squalida; however,

14 years later, he synonymized it with

Malacothrix foliosa (Munz 1974). In a

review of insular species of Malacothrix,

Davis (1980) recognized the taxon as

Malacothrix squalida, a treatment he

recently retained (Davis 1993).

Malacothrix squalida is an annual

herb in the aster family. Unlike

Malacothrix indecora, the plant only

reaches 9 cm (3.5 in) tall, and has linear

to widely lanceolate leaves that are

irregularly toothed or lobed. The light

yellow flowers are clustered in

hemispheric heads 12 to 15 millimeters

(mm) (0.5 to 0.6 in) long. Malacothrix

indecora is the only other annual

Malacothrix that occurs on the same

island as Malacothrix squalida;

however, the latter is a much larger

species, and also differs in the achene

characteristics previously mentioned

(Junak et al. 1995).

Malacothrix squalida has been

collected from two locations along the

north shore of Santa Cruz Island; Greene

collected it near Prisoner’s Harbor in

1886, but the species was not seen on

the island again until Philbrick and

Benedict collected it in 1968 near Potato

Harbor where sheep overgrazing is a

major problem (Rutherford and Thomas

1994). On Middle Anacapa Island, the

plant was first collected by Martin Piehl

in 1963, and more recently in 1978 and

1986. The plant was known from several

small colonies atop coastal bluffs on the

east end of the island. Surveys by Junak

and Davis in 1989 failed to find any

individuals, however, this may have

been due to the drought that year (S.

Junak, pers. comm. 1994). Although

Malacothrix squalida has not been seen

in recent years, all historical localities

and potential habitat for the species

have not been inventoried.

All of the historical localities for

Malacothrix squalida are impacted by

soil loss, habitat alteration, sheep

grazing, and feral pig rooting. Any

extant populations are also likely to be

threatened by these factors. Seabird

nesting may have localized impacts to

some populations on Middle Anacapa

Island.

Phacelia insularis ssp. insularis

(island phacelia) was described by

Munz in 1932 based on plants growing

‘‘on sand dunes at northeastern part of

Santa
40962 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Rosa Island’’ (Munz 1932). Jepson

published the new combination

Phacelia curvipes var. insularis in 1943.

After examining specimens from coastal

northern California and determining

their affinity to the island plants,

Howell (1945) re-elevated the taxon to

specific level, separating out the

northern California plants as Phacelia

insularis var. continentis, leaving

Phacelia insularis var. insularis to refer

to the island plants. In 1951, Abrams,

who did not have access to collections

of Phacelia from northern California,

included the taxon in the description of

Phacelia divaricata, a taxon common in

southern California. In 1959, Munz

published the new combination

Phacelia divaricata var. insularis.

Constance agreed with Howell’s

interpretation and has referred to the

taxon as Phacelia insularis var. insularis

(Constance 1979). This nomenclature

was retained in the latest treatment of

the genus (Wilken et al. 1993).

Phacelia insularis ssp. insularis is a

decumbent (reclining), branched annual

of the waterleaf (Hydrophyllaceae)

family. The short-hairy and glandular

stems grow to 1.5 dm (6 in) high from

a basal rosette of leaves. The small

lavender to violet, bell-shaped flowers

are borne in loose cymes. Phacelia

insularis var. insularis can be

distinguished from the other species of

Phacelia on the islands based on the

hastate leaf shape with basal lobes. The

other Phacelia have pinnately divided

or undivided but ovate leaves.

Phacelia insularis ssp. insularis

occurs on Santa Rosa Island and San

Miguel Island. Clifton Smith collected

the species at Carrington Point on Santa

Rosa Island in 1973, where Sarah

Chaney also found the species in 1994.

In subsequent surveys 31 plants were

reported from this site (Rindlaub 1994).

On San Miguel Island, Phacelia

insularis ssp. insularis was collected by

Hoffmann in 1930 and by Munz in 1932.

It was not collected again until 1978,

when four populations were found

(Hochberg et al. 1979). Drost relocated

one of these sites on a bluff above

Cuyler Harbor in 1984 (Halvorson et al.

1992). NPS staff has been watching for

the taxon on San Miguel Island, but it

has not been seen. The population on

Santa Rosa Island is currently the only

known occurrence. Phacelia insularis

ssp. insularis is found within the island

grassland community which is

dominated by alien grasses, including

slender wild oat (Avena barbata), wild

oat (Avena fatua), ripgut (Bromus

diandrus), and soft chess (Bromus

hordeaceus), with scattered native

bunchgrasses, shrubs, and herbs

(Hochberg et al. 1979).

Phacelia insularis ssp. insularis is

threatened by soil damage, competition

with non-native grasses, and habitat

alteration caused by cattle grazing, and

elk and deer browsing.

Thysanocarpus conchuliferus (Santa

Cruz Island fringepod) was described by

Greene in 1886 based on material he

and Brandegee collected where they

found it ‘‘common on mossy shelves

and crevices of high rocky summits and

northward slopes’’ on Santa Cruz Island

(Greene 1886b). Four decades later,

Jepson published the new combination

Thysanocarpus laciniatus var.

conchuliferus as one of three varieties of

Thysanocarpus laciniatus (Jepson

1925). Later, Abrams (1944) treated the

plant as a species. Munz, however,

considered it to be one of six varieties

of Thysanocarpus laciniatus (Munz and

Keck 1973). In the most recent treatment

of the genus, Rollins treated the plant as

a species (Rollins 1993).

Thysanocarpus conchuliferus is a

small delicate annual herb in the

mustard (Brassicaceae) family. The one

to several branches grow 5 to 12.7 cm

(2 to 5 in) high. The narrow, linearly

lobed leaves alternate along the stems,

which terminate in a raceme of minute

pink to lavender flowers. While all

members of this genus have round,

flattened fruits with wings,

Thysanocarpus conchuliferus is the

only species in the genus with a bowlshaped fruit; this taxon is also smaller

in stature than Thysanocarpus

laciniatus, which occurs in the same

habitat (Wilken in litt. 1997).

In 1932, Ralph Hoffmann reported

that Thysanocarpus conchuliferus was

‘‘frequent * * * from the north shore to

the southwest portion of the island’’

(Hochberg et al. 1980a). Fourteen

historical locations are known from

herbarium records. In 1980, eight of

these populations were relocated

(Hochberg et al. 1980b). In 1991, plants

were found at six of these locations, but

no plants were found at five other sites

(Klinger 1994b). In 1993, no individuals

were found at any of the 14 reported

locations. Survey reports indicate that,

in addition to abundant rainfall that

may have increased competition from

alien grasses, rooting by feral pigs was

observed at all 14 locations (Klinger

1994b). No verifiable observations of

this species have been made in over 2

years, but all historic locations have not

been revisited (Wilken in litt. 1997).

Thysanocarpus conchuliferus occurs

on rocky outcrops on ridges and canyon

slopes, and is associated with a variety

of herbs, ferns, grasses, dudleya, and

Selaginella (Santa Barbara Botanic

Garden 1994). All of the historical

localities for Thysanocarpus

conchuliferus are impacted by soil loss,

habitat alteration and predation

resulting from feral pig rooting. Any

extant populations are also likely to be

threatened by these factors.

Because all 13 taxa occur only as

small, isolated populations with few

individuals, these plant species are also

more vulnerable to extinction by such

random events as storms, drought, or

landslide. The small populations and

few individuals may also make these

taxa vulnerable to reduced reproductive

vigor.

Previous Federal Action

Federal action on these plants began

as a result of section 12 of the

Endangered Species Act of 1973, which

directed the Secretary of the

Smithsonian Institution to prepare a

report on those plants considered to be

endangered, threatened, or extinct in the

United States. This report, designated as

House Document No. 94–51, was

presented to Congress on January 9,

1975. In that document, Arabis

hoffmannii, Castilleja mollis, Galium

buxifolium, Gilia tenuiflora ssp.

hoffmannii, and Berberis pinnata ssp.

insularis were considered to be

threatened, and Dudleya nesiotica and

Malacothamnus fasciculatus var.

nesiotica (as Malacothamnus

fasciculatus) were considered to be

endangered. The Service published a

notice in the July 1, 1975, Federal

Register (40 FR 27823) of its acceptance

of the report of the Smithsonian

Institution as a petition within the

context of section 4(c)(2) (petition

provisions are now found in section

4(b)(3) of the Act) and its intention

thereby to review the status of the plant

taxa named therein. On June 16, 1976,

the Service published a proposal in the

Federal Register (42 FR 24523) to

determine approximately 1,700 vascular

plant species to be endangered species

pursuant to section 4 of the Act.

Dudleya nesiotica was included in the

June 16, 1976, Federal Register

document.

General comments received in

relation to the 1976 proposal were

summarized in an April 26, 1978,

Federal Register publication (43 FR

17909). The Endangered Species Act

Amendments of 1978 required that all

proposals over 2 years old be

withdrawn. A 1-year grace period was

given to those proposals already more

than 2 years old. In the December 10,

1979, Federal Register (44 FR 70796),

the Service published a notice of

withdrawal of the portion of the June 6,

1976, proposal that had not been made

final, along with four other proposals

that had expired.
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40963

The Service published an updated

notice of review for plants on December

15, 1980 (45 FR 82480). This notice

included Arabis hoffmannii, Berberis

pinnata ssp. insularis, Castilleja mollis,

Dudleya nesiotica, and Malacothamnus

fasciculatus var. nesiotica as category 1

taxa. Category 1 taxa were those for

which the Service had on file

substantial information on biological

vulnerability and threats to support

preparation of listing proposals.

Arctostaphylos confertiflora, Galium

buxifolium, and Gilia tenuiflora ssp.

hoffmannii were included as category 2

taxa. Category 2 taxa were those for

which data in the Service’s possession

indicate listing is possibly appropriate,

but for which substantial data on

biological vulnerability and threats were

not currently known or on file to

support proposed rules. On February 28,

1996, the Service published a notice of

review in the Federal Register (61 FR

7596) that discontinued the designation

of category 2 species as candidates.

On November 28, 1983, the Service

published in the Federal Register a

supplement to the Notice of Review (48

FR 53640), in which Arabis hoffmannii

was listed as a category 1* taxon, the

asterisk indicating that the species was

believed to be extinct. In the same

notice, Castilleja mollis, Dudleya

nesiotica, Gilia tenuiflora ssp.

hoffmannii, Helianthemum greenei,

Berberis pinnata ssp. insularis (as

Mahonia), Malacothamnus fasciculatus,

Phacelia insularis var. insularis, and

Thysanocarpus conchuliferus were

included as Category 2 candidates.

The plant notice was revised again on

September 27, 1985 (50 FR 39526). In

that notice, all taxa maintained their

previous status. On February 21, 1990

(55 FR 6184), the plant notice was again

revised. In this notice, Arabis

hoffmannii was included as a category

1 candidate, as individuals of this taxon

had been rediscovered since the

previous Notice of Review.

Arctostaphylos confertiflora, Castilleja

mollis, Dudleya nesiotica, Galium

buxifolium, Gilia tenuiflora ssp.

hoffmannii, Helianthemum greenei,

Berberis pinnata ssp. insularis,

Malacothamnus fasciculatus, Phacelia

insularis var. insularis, and

Thysanocarpus conchuliferus were

included as category 2 candidates.

Malacothrix indecora was included in

the February 21, 1990, notice for the

first time as a category 2 candidate.

The plant notice was revised on

September 30, 1993 (58 FR 51144). In

this notice, Arabis hoffmannii,

Arctostaphylos confertiflora, Castilleja

mollis, Galium buxifolium, Gilia

tenuiflora ssp. hoffmannii, Berberis

pinnata ssp. insularis, Malacothamnus

fasciculatus var. nesioticus, Malacothrix

indecora, Phacelia insularis var.

insularis, and Thysanocarpus

conchuliferus were included as category

1 candidates. Dudleya nesiotica and

Helianthemum greenei were included as

category 2 candidates; Malacothrix

squalida was included for the first time

as a category 2 candidate.

On July 25, 1995, the Service

published a proposed rule in the

Federal Register (60 FR 37993) to list

Arabis hoffmannii, Arctostaphylos

confertiflora, Berberis pinnata ssp.

insularis, Castilleja mollis, Dudleya

nesiotica, Galium buxifolium, Gilia

tenuiflora ssp. hoffmannii,

Helianthemum greenei, Malacothamnus

fasciculatus var. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis var. insularis, and

Thysanocarpus conchuliferus as

endangered. Also included in this

proposed rule were Dudleya

blochmaniae ssp. insularis, Dudleya sp.

nov. ‘‘East Point,’’ and Heuchera

maxima as endangered. Based upon

new information received since

publishing the proposed rule, the

proposed listing of the latter three taxa

has been withdrawn by the Service as

announced in a separate Federal

Register notice published concurrently

with this final rule.

Section 4(b)(3)(B) of the Act requires

the Secretary to make certain findings

on pending petitions within 12 months

of their receipt. Section 2(b)(1) of the

1982 amendments further requires that

all petitions pending on October 13,

1982, be treated as having been newly

submitted on that date. This was the

case for Arabis hoffmannii, Castilleja

mollis, Dudleya nesiotica, Galium

buxifolium, Gilia tenuiflora ssp.

hoffmannii, Berberis pinnata ssp.

insularis, and Malacothamnus

fasciculatus var. nesioticus because the

1975 Smithsonian report had been

accepted as a petition. On October 13,

1983, the Service found that the

petitioned listing of these species was

warranted, but precluded by other

pending listing actions, in accordance

with section 4(b)(3)(B)(iii) of the Act;

notification of this finding was

published on January 20, 1984 (49 FR

2485). Such a finding requires the

petition to be recycled, pursuant to

section 4(b)(3)(C)(I) of the Act. The

finding was reviewed in October of 1984

through 1993. Publication of the

proposed rule constituted the warranted

finding for these species.

The processing of this final rule

follows the Service’s fiscal year 1997

listing priority guidance published in

the Federal Register on December 5,

1996 (61 FR 64475). The guidance

clarifies the order in which the Service

will process rulemakings following two

related events: (1) the lifting, on April

26, 1996, of the moratorium on final

listings imposed on April 10, 1995

(Public Law 104–6), and (2) the

restoration of significant funding for

listing through the Omnibus Budget

Reconciliation Act passed on April 26,

1996, following severe funding

constraints imposed by a number of

continuing resolutions between

November 1995 and April 1996. The

guidance calls for giving highest priority

to handling emergency situations (Tier

1) and second highest priority (Tier 2)

to resolving the listing status of

outstanding proposed listings. This final

rule falls under Tier 2.

Summary of Comments and

Recommendations

In the July 25, 1995 proposed rule and

associated notifications, all interested

parties were requested to submit factual

reports or information that might

contribute to the development of a final

rule. Appropriate Federal agencies,

State agencies, local governments,

scientific organizations, and other

interested parties were contacted and

requested to comment. Newspaper

notices inviting public comment were

published on August 5, 1995 in the

Santa Barbara News-Press and on

August 11, 1995 in the Los Angeles

Times. The comment period closed on

October 9, 1995. A second comment

period was opened from January 22,

1997 to February 21, 1997 (62 FR 3263)

because of substantive changes in the

status and conservation efforts for the

benefit of several of the taxa in the rule.

In compliance with Service policy on

information standards under the Act (59

FR 34270: July 1, 1994), the Service

solicited the expert opinions of three

appropriate and independent specialists

regarding pertinent scientific or

commercial data and assumptions

relating to the taxonomy, population

status, and supportive biological and

ecological information for the 16

proposed plants. Comments from these

reviewers included corrections to the

range of the species, the acceptance of

the taxonomic determination for one of

the species, and additional information

on populations and status for several of

the species in the rule. These revisions

have been incorporated into this final

rule.

The Service received 15 letters

concerning the proposed rule during the

comment periods, including those of

one State agency and 14 individuals or

groups. Eleven commenters supported
40964 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

the listing proposal, one opposed it, and

three were neutral.

The Service has reviewed all of the

written comments received during both

comment periods. Some specific

comments were received pertaining to

the three taxa (Dudleya blochmaniae

ssp. insularis, Dudleya sp. nov. ‘‘East

Point,’’ and Heuchera maxima) being

withdrawn in a separate Federal

Register notice published concurrently

with this rule. These comments were

incorporated into the notice of

withdrawal. General comments received

on all 16 taxa included in the proposed

rule are addressed here. Several

comments dealt with matters of opinion

or legal history that were not relevant to

the listing decision. Several commenters

provided additional information that,

along with other clarifications, has been

incorporated into the ‘‘Background’’ or

‘‘Summary of Factors’’ sections of this

final rule. Opposing and technical

comments on the rule have been

organized into specific issues. These

issues and the Service’s response to

each issue are summarized as follows:

Issue 1: One commenter asserted that

the proposed action would result in a

taking of private property, that the Vail

and Vickers’ rights to graze on Santa

Rosa Island would be compromised, and

that the Service must consider the

economic impact, including the cost of

purchasing the remaining portion of the

25 year lease, if the plants are listed.

Service Response: Santa Rosa Island

has been the property of the United

States Government since its acquisition

in 1986. The National Park and

Recreation Act of 1978, as amended (16

U.S.C. 410ff–1(d)(1)) states that the

owner of a property acquired for a

National Park may retain the right of use

and occupancy of all or a portion of

such property as the owner may elect.

The warranty deed of sale between the

Federal government and Vail and

Vickers specifies a right reserving to the

grantors (Vail) the right of the

residential use and occupancy for a

period of 25 years under the terms and

conditions set forth in Exhibit ‘‘A.’’ The

reserved premises were defined in

Exhibit ‘‘A’’ as three rectangular areas,

including the ranch house, totaling 3 ha

(7.6 ac) that shall be used only for noncommercial residential purposes (NPS

1987). The conditions of 16 U.S.C. 410–

1(d)(2) state that any property to which

a right of use and occupancy was not

reserved by the former owner may be

leased by the Secretary at the request of

the former owner so long as the use of

the property is compatible with the

administration of the park and with the

preservation of the resources therein. No

lease agreement exists between Vail and

Vickers and the NPS, and no grazing

rights were retained by the grantors in

the deed of sale or in any documents or

communications provided to the Service

by the NPS. Grazing has been allowed

through the issuance of discretionary

renewable 5-year Special Use Permits

that are separate and distinct from the

conditions of sale. Uner 16 U.S.C. 410–

1(d)(1), the Secretary was allowed to

tender to the prior owner the amount

equal to the fair market value of that

portion which remains unexpired for

only the lands in the area specified in

the conditions of use and occupancy.

The specified conditions of use and

occupancy will not be affected by this

listing action.

In addition, under section 4(b)(1)(A)

of the Act, a listing determination must

be based solely on the best scientific

and commercial data available about

whether a species meets the Act’s

definition of a threatened or endangered

species. The legislative history of this

provision clearly states the intent of

Congress to ‘‘ensure’’ that listing

decisions are ‘‘based solely on biological

criteria and to prevent non-biological

considerations from affecting such

decisions,’’ H. R. Rep. No. 97–835, 97th

Cong. 2d Sess. 19 (1982). As further

stated in the legislative history,

‘‘Applying economic criteria * * * to

any phase of the species listing process

is applying economics to the

determinations made under section 4 of

the Act and is specifically rejected by

the inclusion of the word ‘‘solely’’ in

this legislation,’’ H. R. Rep. No. 97–835,

97th Cong. 2d Sess. 19 (1982). Because

the Service is precluded from

considering economic impacts in a final

decision on a proposed listing, the

Service has not examined such impacts.

Issue 2: One commenter stated that

the proposed listing action during the

listing moratorium was illegal.

Service Response: The listing

moratorium prohibited the Service from

funding any actions for final listing

determinations. It did not affect the

preparation and publication of proposed

rules. The Service adhered strictly to the

conditions of the moratorium and

ceased related listing activity once the

proposed rule process was finished.

Issue 3: Two commenters stated that

the Service did not give proper credence

to data presented by ranchers, other

land managers, and experts and that the

Service gave more weight to information

provided by California Native Plant

Society volunteers.

Service Response: Starting in 1992,

the Service requested from the public,

in writing and in meetings, information

on the status of the plants and any data

that would assist the Service in making

a determination in this action. All data

provided prior to and during the public

comment periods or in the public

meetings were included in the analysis

to prepare the proposed rule and this

final rule. The Service is not aware of

any field data collected by the California

Native Plant Society.

Issue 4: Two commenters stated that

abrupt termination of livestock grazing

would be extremely harmful to the

ecosystems and plant communities of

Santa Rosa Island, specifically by

increasing the potential for weed

invasion.

Service Response: The Service has

never advocated and is not proposing

the abrupt termination of livestock

grazing on Santa Rosa Island. A

Conservation Strategy Team (Team)

composed of Service, NPS, and BRD

biologists have prepared a Conservation

Strategy for Santa Rosa Island that

recommends a gradual reduction of

cattle and horses, with total removal by

2011, the expiration date of the reserved

right of use and occupancy (Coonan et

al. 1996). Santa Rosa Island has the

smallest proportion of weed species to

native species ratio of any of the

Channel Islands and the NPS has been

actively managing the aggressive

invasive aliens. Santa Rosa Island has

98 non-native plants and Santa Cruz

Island has 170 non-native plants (Junak

1996). The life history and reproductive

characteristics of the weedy species on

Santa Rosa Island are adaptations that

allow them to take advantage of freshly

disturbed sites, such as those that are

created by the current domestic

livestock management on the island.

Surveys conducted by the NPS show

that the weed distribution corresponds

with the areas that have the highest

cattle use. It was the conclusion of the

Team that the removal of the non-native

grazers and browsers (including deer

and elk) from the island would decrease

the amount of open habitat available for

weed invasion and would therefore

result in a decline in weed numbers

(Coonan et al. 1996). An additional

benefit to the island ecosystem from the

reduction and eventual elimination of

grazing and browsing is that shrub

would reoccupy the introduced

grasslands that are artificially

maintained by current grazing practices

(Coonan et al. 1996).

Issue 5: One commenter claimed that

the proposed rule seemed to imply that

all grazing is overgrazing. The

commenter objected to the statement

that ‘‘the ultimate control on population

sizes for livestock on islands has been

starvation’’ and asserted that the rule

characterized cattle grazing as a disease

or predation rather than utilization.
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40965

Service Response: The Service did not

refer to all grazing as overgrazing.

Grazing during drought conditions has

resulted in severe damage to the native

vegetation and could be considered

overgrazing, especially when livestock

starvation has occurred. Such events are

described and documented in the

‘‘Background’’ section of this rule.

The listing provisions of the Act

provide that a species may be

determined to be endangered or

threatened species due to one or more

of the five factors described in section

4(a)(1) of the Act. One of the factors is

‘‘Disease or Predation’’ and the Service

normally addresses the effects of

herbivory by any animal, including

livestock, in the discussion of this

factor.

Issue 6: One commenter stated that

there was a lack of evidence of the

relationship between grazing and the

plants in question.

Service Response: The Service has

used over 100 references in preparing

the final rule. Three levels of

information are available: (i) An

extensive body of literature on the

impacts of non-native mammals to

insular vegetation and plant species, (ii)

the results of long-term vegetation

monitoring by the NPS, and, (iii)

specific observations on specific plants,

e.g., deer and elk impacts to Castilleja

mollis and others cited in the ‘‘Factors

Affecting the Species’’ section of this

rule. This rule also cites information

concerning how the condition of the

habitat upon which these species

depend has been degraded by grazing

and browsing.

In addition, international

conservation biologists familiar with

island biology recognized the damage

that non-native mammals cause to

insular biota when the Society for

Conservation Biology unanimously

passed a resolution to promote the

elimination of non-native mammals

from all of the islands off the coast of

western North America (Tershy et al.

1994).

Issue 7: One commenter was

concerned that the rule stated that

increased sedimentation resulted from

livestock grazing but that current

sedimentation rates were not presented.

Service Response: Data on current

sedimentation rates has been added to

the rule. A sediment and pollen analysis

has documented both the increase in

sedimentation and the type conversion

of habitat from brush to grass since

grazing was introduced to the island.

The current sedimentation level is an

order of magnitude greater than that

prior to the introduction of grazing.

Please see the Factor A discussion

under the ‘‘Factors Affecting the

Species’’ section for further details.

Issue 8: One commenter stated that an

existing range management plan was

designed to protect resources and that

the Service claimed that the range

management plan currently in use for

Santa Rosa Island ‘‘does not address

protection of the proposed taxa.’’

Service Response: The Service

maintains that the range management

plan does not address protection of the

proposed taxa. Although the plan

suggests that monitoring and studies

should occur, the Service does not

consider potential or actual studies as a

management action that would provide

protection for the taxa under

consideration.

Issue 9: Two commenters expressed

concern that the Service is not

proposing critical habitat for the taxa

that occur on Santa Rosa Island.

Service Response: The Service has

considered the designation of critical

habitat for these species and determined

that it is not prudent to establish critical

habitat. Because of the few, small

populations of each of the species on

Federal land, any determination of

adverse modification would also result

in jeopardy. Thus, the establishment of

critical habitat would provide no

additional benefit over that of the

jeopardy standard contained in section

7 (a)(2) of the Act. Please see the

‘‘Critical Habitat’’ section of this rule for

further information.

Issue 10: One commenter suggested

that the listing of these species will

severely limit management options.

Service Response: The Service

believes that an array of management

options are available to the NPS that are

consistent with NPS regulations, policy,

and guidelines.

Issue 11: One commenter raised the

concern that the Service was required to

comply with the National

Environmental Policy Act (NEPA) and

must also prepare a Takings Implication

Assessment, as directed by Presidential

Executive Order 12630, before issuing a

final rule.

Service Response: NEPA is addressed

under the section entitled ‘‘National

Environmental Policy Act’’ in this rule,

as it was in the proposed rule. The

Attorney General has issued guidelines

to the Department of the Interior

(Interior) on implementing Executive

Order 12630 (Governmental Actions and

Interference with Constitutionally

Protected Property Rights). Under these

guidelines, a special rule applies when

an agency within Interior is required by

law to act without exercising its usual

discretion, that is, to act solely upon

specified criteria that leave the agency

no choice. In the present context, the

Service’s action cannot consider

economic information in reaching a

listing decision.

In such cases, the Attorney General’s

guidelines state that Taking

Implications Assessments (TIAs) shall

be prepared after, rather than before, the

agency makes the decision in which its

discretion is restricted. The urpose of

the TIAs in these special circumstances

is to inform policy makers of areas

where unavoidable taking exposures

exist. Such TIAs must not be considered

in the making of administrative

decisions that must, by law, be made

without regard to their economic

impact. In enacting the Endangered

Species Act, Congress required that

listings be based solely on scientific and

commercial data showing whether or

not the species are in danger of

extinction. Thus, by law and by U.S.

Attorney General guidelines, the Service

is forbidden to conduct TIAs prior to

listing.

Issue 12: One commenter indicated

that the Service must undertake a more

comprehensive study of the proposed

taxa on Santa Rosa Island.

Service Response: Section 4(b)(1)(A)

of the Act requires that a listing

determination on whether a species

meets the Act’s definition of a

threatened or endangered species be

based on the best scientific and

commercial data available. The Service

has considered all available information

regarding the past, present, and future

threats faced by the taxa in this rule,

including that submitted during the

public comment periods, in making this

listing determination.

Issue 13: Two commenters inquired

about the justification for a second

public comment period. One commenter

stated that the Service did not have the

statutory authority to consider

comments and information after the

statutory deadline for issuing a final

determination on the proposed plants.

One commenter suggested that the

Service should have published a more

detailed account of the new

information.

Service Response: The processing of

this final rule follows the Service’s

listing priority guidance published in

the Federal Register on December 5,

1996 (61 FR 64475). The processing of

a final listing is a Tier 2 action under

this guidance (61 FR 64479). The

Service explained in the Federal

Register notification for reopening of

the comment period that there was

significant new information regarding

the status of several of the taxa under

consideration for listing that may affect

the determination of their listing. The
40966 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Congressional moratorium on funding

for final rule determinations prevented

the Service from conforming to statutory

deadlines. The Federal Register notice

provided an opportunity for the public

to request any information that would

assist them in preparing a response. The

Service is obligated to consider the best

available scientific and commercial

evidence in deciding whether to list a

species.

Summary of Factors Affecting the

Species

After a thorough review and

consideration of all information

available, the Service has determined

that Arabis hoffmannii (Munz) Rollins,

Arctostaphylos confertiflora Eastw.,

Berberis pinnata Lag. ssp. insularis

Munz, Castilleja mollis Pennell, Galium

buxifolium Greene, Gilia tenuiflora

Benth. ssp. hoffmannii (Eastw.) A.D.

Grant & V.E. Grant, Malacothamnus

fasciculatus (Torr. & A.Gray) Greene

ssp. nesioticus (B.L. Rob. in A. Gray)

Kearney, Malacothrix indecora Greene,

Malacothrix squalida Greene, Phacelia

insularis Munz var. insularis, and

Thysanocarpus conchuliferus Greene

should be classified as endangered

species, and that Dudleya nesiotica

Moran and Helianthemum greenei B.L.

Rob. in A. Gray should be classified as

threatened species. Section 4 of the

Endangered Species Act (16 U.S.C. 1531

et seq.) and regulations (50 CFR part

424) promulgated to implement the

listing provisions of the Act set forth the

procedures for adding species to the

Federal lists. A species may be

determined to be an endangered or

threatened species due to one or more

of the five factors described in section

4(a)(1).

These factors and their application to

the 13 plant taxa in this rule are as

follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of Its Habitat or Range

The primary threat to the species

included in this rule is the ongoing loss

of soils, because the soils are the

foundation for the unique island

ecosystems and their endemic species.

A significant increase in the rate of soil

loss resulting in substantial alterations

of the natural habitats of these species

began with the introduction of nonnative sheep, goat, cattle, deer, elk,

bison, and pigs on the various islands in

the early 1800’s. Soil erosion continues

to this day at a rate that remains an

order of magnitude greater than that

prior to the introduction of alien

mammals (Cole and Liu 1994). Soil loss

is a significant threat to most existing

populations of, and precludes seedling

establishment for, Arabis hoffmannii,

Arctostaphylos confertiflora, Berberis

pinnata ssp. insularis, Castilleja mollis,

Dudleya nesiotica, Galium buxifolium,

Gilia tenuiflora ssp. hoffmannii,

Helianthemum greenei, Malacothamnus

fasciculatus ssp. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis var. insularis, and

Thysanocarpus conchuliferus.

The deep incision of many canyons

on Santa Rosa Island illustrates the

dramatic loss of sediment and, by

inference, entire riparian systems that

are virtually absent from the island.

These incised arroyos cut into finegrained alluvium built up by thousands

of years of deposition, and those

incisions and the sedimentation have

left a quantitative record of the shift in

geomorphic regimes resulting from large

herbivores denuding the landscape that

continues today (Cole and Liu 1994).

The increased loss of soils and the

consequent changes in vegetation due to

the introduction of alien mammals have

been documented from sediment and

pollen records in a soil core dating back

5,200 years from the Old Ranch Canyon

marsh on eastern Santa Rosa Island

(Cole and Liu 1994). Rates of

sedimentation prior to the introduction

of livestock averaged 0.7 mm/year (yr)

(0.035 in/yr), increased to 23 mm/yr (0.9

in/yr) during the peak sheep grazing era,

and now average 13.4 mm/yr (0.13 in/

yr), 19 times greater than that prior to

grazing (Cole and Liu 1994).

Pollen records demonstrate that the

conversion of brushland to grassland

occurred with the onset of ranching in

the early 1800’s. This change in

vegetation is reflected by an increased

abundance of grass pollen and a

decrease in pollen from the mint and

pea families in the soil core (Cole and

Liu 1994). Coastal sage scrub is

dominated by sage species (mint

family), lupines and deervetch (pea

family). Shallow rooted non-native

grasses now dominate the island and are

much less efficient as slope stabilizers

than the deep-rooted native shrubs they

have replaced.

Continued grazing has prevented the

ability of the shrub species to recover

and reestablish their function as an

important source of erosion control.

Large sediment loads remain a

significant problem as illustrated by the

recent attempts to stabilize soils at

Johnson’s Lee on the south side of Santa

Rosa Island, where rice straw wattles

placed along hillside contours trapped

large volumes of sediment after only one

season of rain (Sellgren 1994).

A comparison of historical

descriptions of island vegetation with

current conditions also indicates that

large-scale habitat alterations caused by

large numbers of non-native mammals

on the islands resulted in significant

loss of soils as well as changes in the

structure, composition, and richness of

plant communities. In 1883, Thompson

and West described the effects of sheep

grazing on Santa Cruz Island—‘‘The

island becomes at some times

overstocked, and may be said to be in

that condition much of the time. The

result is that the grasses, being cropped

so close, die out, and allow the loosened

soil to be removed by wind and rain’’

(Hochberg et al. 1980a). At that time,

however, vegetation elsewhere on the

island was still relatively intact; Greene

described mixed forests of large-leaved

maple (Acer macrophyllum), live oak

(Quercus agrifolia), black cottonwood

(Populus trichocarpa), and willow

(Salix laevigata) thriving in the canyons

(Hochberg et al. 1980a). Another

account was given by Delphine

Adelaide Caire in 1933, who reflected

on the conditions of Santa Cruz Island—

‘‘Its present natural beauty does not

come up to that of the past. The bed of

the stream that skirts the Main Ranch on

its way from Picacho Diablo was much

narrower than it is today; mountain

slopes were heavily wooded and

centuries-old oaks were numerous. In

the course of years, rains have

accomplished their ruinous work,

carrying off a great amount of topsoil,

the innumerable trails cut by sharp

sheep trotters having been a

contributing factor in such devastation’’

(Hochberg et al. 1980a). The historic

and current presence of non-native

herbivores and pigs has reduced leaf

litter and compacted and degraded the

soil structure, resulting in accelerated

rates of erosion (Klinger et al. 1994,

Nishida 1994).

The importance of soils in

maintaining habitat for the taxa is found

not only in their physical properties, but

in their biotic properties as well.

Healthy soils provide habitat for a

complex assemblage of soil organisms,

including fragile microbial components,

that assist in such processes as waterholding capacity, soil fertility, and

nutrient cycling. These processes have

been adversely affected by the activities

of alien mammals. For instance, the loss

of leaf litter from trampling and rooting

changes soil temperatures, increases the

loss of moisture, reduces the humus

layers, and results in a reduced soil

fauna (Bennett 1993). Breakdown of

organic material, transport of fungal

spores, and nutrient recycling by soil

mites have all been documented on

Santa Catalina Island (Bennett 1993).
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40967

Soil mite diversity decreased with

increased disturbance, and resulted in

impoverished nutrient levels in the soil

(Bennett 1993). A feature of arid land

soils, such as those in the islands, is the

presence of a cyanobacterial-lichen

crust that facilitates stabilization of

steep slopes and nutrient cycling

(Belnap 1994). These crusts are

extremely brittle during the dry summer

months and can be eliminated by the

shattering influences of trampling by

non-native herbivores (Belnap 1994).

Mycorrhizal associations are likely to

occur with most of the species in this

rule, and may have been damaged and

therefore function at reduced

efficiencies (Painter in litt. 1997). Such

associations function as extensions of

the root system and are of particular

importance to arid land plant species

such as those in this rule. Damaged

mycorrhizal associations reduce the

health and vigor of their host species.

The large herds of grazing animals

that shatter the crustal integrity of the

soil surface also result in dust coating

the foliage of all the native vegetation.

Dust negatively affects plants by

reducing photosynthesis, respiration,

transpiration, and complicating

pollination efficiency (Painter in litt.

1997). Intense winds blow from the

northwest that can be highly erosive.

When the integrity of the natural habitat

is disturbed there is an accelerated rate

of erosion above that which would

result from just rain alone. No

opportunity for leaf litter or soil to

accumulate exists on the exposed ridge

tops with continual non-native animal

disturbance (Clark et al. 1990).

Even after the agents that initiated

erosion have been removed, loss of soils

continues (Clark et al. 1990, Halvorson

1993). Because both the biotic and

physical properties of the soils have

been degraded or lost altogether, the

soils that remain behind provide poor

conditions for seedlings to germinate

and establish. On Santa Rosa Island, a

grove of island oaks (Quercus

tomentella), a species of special

concern, has shown few signs of

regeneration on soils severely affected

by erosion even after an exclosure was

built to eliminate cattle, elk, and deer

(Danielsen 1989a, 1989b). The zone

below an Arabis hoffmannii population

on Santa Rosa Island is inhospitable to

seed germination because of cattle

trampling and soil churning (McEachern

and Wilken 1996). Seed rain from that

population falls onto areas that are

highly trampled and churned

eliminating any chance for population

expansion from its precarious cliff

location. Arabis hoffmannii is

monocarpic and damage from trampling

may delay flowering, or even preclude

reproduction of trampled individuals.

Flowers produced later in the season

out of synchrony with pollinator

activity results in lower seed

productivity (Painter in litt. 1997).

Wherever shrubs of Arctostaphylos

confertiflora have been browsed to form

a canopy, the understory is heavily

trampled by deer and elk and the

bedrock is eroding away around the

roots (McEachern 1996, McEachern and

Wilken 1996). The soil from around the

roots of Berberis pinnata ssp. insularis

on Santa Rosa Island, Dudleya nesiotica

on Santa Cruz Island, and

Malacothamnus fasciculatus ssp.

nesioticus on Santa Cruz Island, is

actively eroding (Wilken in litt. 1997).

Dudleya nesiotica plants at Fraser Point

on Santa Cruz Island were observed to

have been preferentially rooted by pigs

in 1995 and 1996 (Painter in litt. 1997,

McEachern 1996, Wilken 1996). In 1993,

when perhaps as much as 20 percent of

the Carrington Point populations of

Castilleja mollis was consumed by deer,

individual plants were excavated,

leaving depressions in the sandy soils

where plants had been observed 5

months earlier (Sarah Chaney, NPS,

pers. comm. 1993). More recently

researchers have documented that both

deer and elk are damaging both

populations of Castilleja mollis

(McEachern 1996). Galium buxifolium is

threatened on Santa Cruz Island where

trampling and pig rooting along the

seacliffs increases the likelihood of

slope failure (Hochberg et al. 1980).

Unfenced portions of Gilia tenuiflora

ssp. hoffmannii on Santa Rosa Island are

areas where cattle concentrate and

churn the soil (Painter in litt. 1997). All

Helianthemum greenei habitat is

damaged from rooting by pigs on Santa

Cruz Island (Wilken in litt. 1997). The

recent discovery of Malacothrix

indecora on Santa Rosa Island included

the observation that the prehistoric

midden that the plants were growing on

was being eroded from damage by

livestock (Painter in litt. 1997).

Seabirds occur in historic habitat for

Malacothrix indecora on San Miguel

Island and its offshore islet Prince

Island, and known sites for Malacothrix

squalida on Anacapa Island. Many of

these bird species experienced severe

population declines in the late 1960’s

and early 1970’s as a result of DDTrelated reproductive failures (Ingram

1992). However, monitoring results

indicate that populations of most of

these birds have increased over the past

decade. Seabirds use local vegetation to

construct nests on cliff and blufftop

sites, create localized soil disturbances

that facilitate establishment of alien

plant species, and promote erosion of

coastal bluffs. Seabird activity has been

noted on Middle Anacapa Island within

habitat for Malacothrix squalida (S.

Junak, pers. comm. 1994). The extent to

which such localized disturbance has

affected this plant species is unknown.

Compaction of soils and crushing of

plants by vehicle traffic is an ongoing

threat to Gilia tenuiflora ssp.

hoffmannii. The largest population of

Gilia tenuiflora ssp. hoffmannii is

bisected by a road. Another road

continues to damage habitat and plants

along the fence line established to

protect the western snowy plover;

however, the proposed closure of Old

Ranch Pasture to cattle and horses will

remove the necessity to maintain a fence

at that location (NPS 1997).

B. Overutilization for Commercial,

Recreational, Scientific, or Educational

Purposes

Unrestricted collecting for scientific

or horticultural purposes and excessive

visits by individuals interested in seeing

rare plants constitutes a potential threat

to certain of the taxa in this rule. In

particular, the collection of whole

plants or reproductive parts of those

annual or herbaceous perennial taxa

with fewer than 100 individuals,

including Arabis hoffmannii, Berberis

pinnata ssp. insularis, Malacothamnus

fasciculatus var. nesioticus, Malacothrix

indecora, Malacothrix squalida, and

Thysanocarpus conchuliferus, could

adversely affect the genetic viability and

survival of those taxa. In the

horticultural trade, Dudleya species

have, in particular, been favorite

collection items. Dudleya nesiotica,

though not in the trade, has been

cultivated by Dudleya enthusiasts. The

limited distribution of this taxon,

combined with the additional threats

from non-native annuals and pig

rooting, makes it vulnerable to such

enthusiasts who want the rare species

from the wild.

C. Disease or predation

Diseases are not specifically known to

threaten any of the taxa included in this

rule. All of the taxa included in this

proposal, with the exception of Berberis

pinnata ssp. insularis, have populations

that are subject to predation by one or

more non-native mammals. Apparently,

the roots of Berberis species are often

toxic (Williams 1993), making

consumption by feral pigs unlikely.

Island endemic plant species lack

defensive attributes as protection from

grazing and browsing. The impact of

this predation to the overall status

varies by species, with predation posing

the most signficance to those with the
40968 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

fewest and most accessible populations.

Current research on Santa Cruz Island

has compared similar species from the

mainland and from the island in

livestock feeding preferences. Livestock

consistently preferred the island plants

and the study showed that all mainland

plants possessed at least one protective

characteristic in higher quantity than

the similar island taxa, the quantity of

spines being the most notable quality.

The researcher stated that ‘‘[i]sland

plants possessed reduced levels of

chemical defenses, morphological

defenses, or both, and were more

vulnerable to herbivory’’ (Bowen in litt.

1997).

Historical records document that

overgrazing by sheep in the late 1800’s

and early 1900’s highly degraded the

vegetation of Santa Rosa Island. The

records also point out that sheep died of

starvation due to drought on the island

during this time. During a later drought

in 1948, the island was so overgrazed

that it made the local news, stating that

‘‘[h]ardly a sprig of green is to be seen.

The tiny tufts of grass that have escaped

the hungry mouths of the herd are

stunted and dead. Shrubs have

perished. [There were] * * * starved

looking valley elk * * * [and] * * *

prickly pears were gnawed down to the

earth.’’ (Ainsworth 1948). Drought in

the late 1980’s decimated the elk

population (Vail and Vickers in litt.

1996). Herbivory by non-native

herbivores continues to threaten and

effectively arrest recovery of the native

vegetation and perpetuate the

dominance of non-native grasses and

herbs. Native island plants evolved in

the absence of grazing and browsing and

suffer from reduced productivity and

lower reproductive success due to the

presence of alien herbivores.

In 1875, when sheep stocking on

Santa Cruz Island was around 50,000

head, botanist J.T. Rothrock reported

that the island was so overgrazed that

‘‘it was with difficulty that I could get

even a decent botanical specimen’’

(Hobbs 1983). Although sheep grazing

has been removed as a current threat on

all but eastern Santa Cruz Island, the

decades of overgrazing by sheep have

reduced the reproductive capabilities

and distribution of many of the taxa

included in this rule. A review of

literature pertinent to effects of sheep on

island vegetation is included in

Hochberg et al. (1980a). In addition,

feral pigs, feral goats, feral sheep, deer,

elk, horses, and bison currently occur in

habitats that support some populations

of all of the taxa included in this rule.

The effects of defoliation on plants

include decreased above ground

biomass, fewer stems, lowered seed

production, reduced height of leaves

and stems, decreased root biomass,

reduced root length, decreased

carbohydrate reserves, and reduced

vigor (Heady in Willoughby 1986).

Clark et al. (1990) noted that most

individuals of Arctostaphylos

confertiflora are browsed severely by elk

and deer. During a recent population

survey it was observed that more than

90 percent of all individuals of

Arctostaphylos confertiflora were

accessible to ungulates and were

browsed at the growing tips (McEachern

and Wilken 1996). The shape of

individual shrubs has been modified as

a result of browsing. Short-statured

shrubs have been hedged to the point

that they do not grow above a certain

height. On shrubs that attained a taller

stature before browsing pressure became

severe, all lower limbs and leaves have

been stripped, resulting in a ‘‘lollipop’’

or tree-shaped shrub. Browsing pressure

on this species appears to have affected

its ability to reproduce, since not a

single seedling was observed during a

1988 survey (Ronilee Clark, California

Park Service, pers. comm., 1988). This

species does not have a root crown burl

that allows some mainland species to

tolerate low levels of defoliation, and,

without protection from non-native

mammals, continued recruitment failure

and reduced vigor may prove

catastrophic for this species. This

condition was noted in a 1989 letter to

Dr. Peter Raven from the leading

authority on the genus Arctostaphylos,

Dr. Phillip Wells, who expressed his

concern that the time remaining for the

grazing operation would precipitate the

extinction of Arctostaphylos

confertiflora if some protection from

non-native mammals was not

implemented (Painter in litt., 1997).

Specific examples of browsing or

grazing by alien mammals on other taxa

in this rule have been observed,

including Arabis hoffmannii, Castilleja

mollis, Dudleya nesiotica, Gilia

tenuiflora ssp. hoffmannii,

Helianthemum greenei, and

Thysanocarpus conchuliferus (Hochberg

et al. 1980b, McEachern and Wilken

1996, Wilken 1996, Painter in litt. 1997).

Grazing can completely eliminate

plants and prevent the supplement of

seed to the seed bank. Of the six

collections of Gilia in the herbarium at

the Santa Barbara Botanic Garden, only

the two collections made during April

1941 show no signs of browsing. The

remaining four collections were made

between the months of May and June

between 1963 and 1978, and all show

signs of having been browsed

(Rutherford and Thomas, in litt. 1994).

In 1993, Thomas visited one Gilia

population twice. During the first visit

in April, the Gilia had not been

browsed, but by the second visit in May,

the Gilia had been browsed (Thomas, in

litt. 1993). In response to such browsing,

the annual Gilia forms multiple side

branches, and although a branched

plant may produce a greater number of

flowers, this does not necessarily

increase the fecundity of the plant

(Painter and Belsky 1993). Flowers

produced later in the season out of

synchrony with pollinator activity

results in lower seed productivity

(Painter in litt. 1977).

The Nature Conservancy has been

monitoring population sizes for Arabis

hoffmannii on Santa Cruz Island since

1990. In 1993, only 19 individuals were

observed in the Centinela population;

this represented a net loss of 13

individuals from the previous year, with

mortality of nine of those plants

‘‘directly attributed to pig rooting’’

(Klinger 1994a).

D. The Inadequacy of Existing

Regulatory Mechanisms

Under the Native Plant Protection Act

(sec. 1900 et seq. of the Fish and Game

Code) and the California Endangered

Species Act (sec. 2050 et seq.), the

California Fish and Game Commission

has listed Dudleya nesiotica and Galium

buxifolium as rare and Berberis pinnata

ssp. insularis and Malacothamnus

fasciculatus ssp. nesiotica as

endangered. The remaining taxa

included in this listing proposal are on

List 1B of the California Native Plant

Society’s Inventory (Smith and Berg

1988), indicating that, in accordance

with sec. 1901, chapter 10 of the

California Department of Fish and Game

Code, they are eligible for State listing.

Both the Native Plant Protection Act

and the California Endangered Species

Act prohibit the ‘‘take’’ of State-listed

plants on private and State lands, except

under permit (sec. 1908 and sec. 2080

of the Fish and Game Code). Privately

owned lands that support populations

of the taxa in this rule include most of

Santa Cruz Island, 90 percent of which

is owned by TNC; the remaining 10

percent is owned jointly by NPS. On

Santa Catalina Island, habitat for

Helianthemum greenei occurs on land

managed by the Catalina Conservancy, a

private conservancy owned by the

Catalina Island Company. In general,

these State regulatory mechanisms

would not likely be invoked, because

major changes in land use, such as

development projects, are not likely to

be proposed on these properties.

The California Fish and Game

Commission (Commission) also

regulates hunting on private and public
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40969

lands by issuing permits for the take of

a specified number of animals and

taking measures to manage herd sizes.

The Commission issues permits for deer

hunting on Santa Catalina Island. In

1993, the Commission issued 300 tags

for deer hunting on the island. Pigs are

considered livestock if they are fenced

or marked, but considered wild game if

they are unfenced and unmarked. The

Catalina Island Company has entered

into a memorandum of understanding

(MOU) with CDFG to allow eradication

of feral pigs on Catalina Island (Mayer,

pers. comm. 1994). A similar MOU

between CDFG and TNC exists for the

removal of pigs from Santa Cruz Island.

Bison, which occur on Santa Catalina

Island, are considered livestock and

therefore not regulated by any agency.

Apparently, the Commission has no

regulatory authority over hunting or

herd size of deer and elk on Santa Rosa

Island, because these ungulates were

originally transported there under a

game breeder’s permit in the early

1900’s.

Several Federal laws, Interior policies,

and NPS policies and guidelines apply

to the management of NPS lands. These

laws and guidelines include the NEPA,

the Endangered Species Act, NPS

guidelines for natural resources

management (NPS 1991), and the NPS

Statement for Management (NPS 1985).

The 1980 Congressional legislation

enabling purchase of Santa Rosa Island

as a national park from the Vail and

Vickers Company stated that the owner

‘‘may retain for himself a right of use

and occupancy of all or such portion of

the property as the owner may elect for

a definite term of not more than twentyfive years, or ending at the death of the

owner, or his spouse, whichever is later.

The owner shall elect the term to be

reserved. Any such right retained

pursuant to this subsection with respect

to any property shall be subject to

termination by the Secretary upon his

determination that such property is

being used for any purpose which is

incompatible with the administration of

the park, or with the preservation of the

resources therein, and it shall terminate

by operation of law upon notification by

the Secretary to the holder of the right

of such determination and tendering to

him the amount equal to the fair market

value of that portion which remains

unexpired.’’ (Pub. L. 96–199, 94 Stat. 67,

March 5, 1980). The legislation also

directed the Secretary to complete a

natural resources study within 2 years

that would supply an inventory of all

terrestrial and marine species,

indicating their population dynamics,

and probable trends as to future

numbers and welfare, and to

recommend action that should be

adopted to better protect the natural

resources of the park.

Under the conditions of the deed of

sale, the former owners, the Vail and

Vickers Company, chose only to retain

the rights to occupy 3.0 ha (7.6 ac) (NPS

1986). The NPS issues Special Use

Permits for 5-year terms for grazing and

hunting. The first Special Use Permit

issued to Vail and Vickers Company

included a condition that a range

management plan be developed within

5 years. A range management plan was

adopted when the NPS issued the

second special use permit. The plan,

however, does not address protection of

the taxa in this rule (USFWS 1991,

1992, 1993).

In a recent review of the range

management plan, the Service found

that measuring residual dry matter, the

identified means of determining

appropriate stocking rates, is inadequate

to monitor other important indicators of

ecosystem health, including

composition and diversity of species,

and the condition of plant species of

special concern (USFWS 1993). The

monitoring of sensitive resources within

grazed areas is commonly recommended

(NPS 1991, Ruyle 1987, Willoughby

1986), but in this case has not been

included in the range management plan.

Currently, the condition of the

vegetation on Santa Rosa Island is

monitored by assessing the residual dry

matter of grassland vegetation, which is

composed primarily of non-native

species (NPS 1993, NPS 1996).

The NPS has prepared a Resource

Management Plan (Plan) for Santa Rosa

Island to address water quality and rare

plants (NPS 1997). The successful

implementation of the Plan will be

evaluated on a yearly basis to determine

the effects on the species in this rule

that occur on Santa Rosa Island. While

reducing grazing and browsing, the

preferred action will allow impacts to

continue to Arctostaphylos confertiflora,

Castilleja mollis, Gilia tenuiflora ssp.

hoffmannii, Malacothrix indecora, and

Phacelia insularis ssp. insularis and in

historic habitat for Arabis hoffmannii,

Berberis pinnata ssp. insularis and

Helianthemum greenei.

San Miguel Island and adjacent Prince

Island (a small islet) are under the

jurisdiction of the Department of the

Navy (Navy), but NPS assists in the

management of natural, historic, and

scientific values of San Miguel Island

through a memorandum of agreement

(MOA) originally signed in 1963, an

amendment to this MOA signed in 1976,

and a supplemental Interagency

Agreement (IA) signed in 1985. The

MOA states that the ‘‘paramount use of

the islands and their environs shall be

for the purpose of a missile test range,

and all activities conducted by or in

behalf of the Department of the Interior

on such islands, shall recognize the

priority of such use’’ (Department of the

Navy 1963). In addition to San Miguel

Island, four other islands including

Anacapa, Santa Barbara, Santa Cruz,

and Santa Rosa lie wholly within the

Navy’s Pacific Missile Test Center

(PMTC) Sea Test Range. The 1985 IA

provides for the PMTC to have access

and use of portions of those islands, for

expeditious processing of any necessary

permits by NPS, and for mitigation of

damage of park resources from any such

activity (Department of the Navy 1985).

Should the Navy no longer require use

of the islands, NPS would seek

authorization for the islands to be

preserved and protected as units within

the NPS system (Department of the

Navy 1976). To date, conflicts

concerning protection of sensitive

resources on San Miguel Island have not

occurred. Protection and management

for the three taxa in this rule that occur

on the island, Galium buxifolium,

Malacothrix squalida, and Phacelia

insularis ssp. insularis, have not been

addressed, leaving in question which

agency has ultimate responsibility to do

so.

E. Other Natural or Manmade Factors

Affecting Its Continued Existence

Over 180 non-native plant species

have been documented from the

northern island group, and the

disruption of native habitats and

displacement of native species by alien

plants is a major concern for natural

resource managers on the islands

(Hochberg et al. 1979, Halvorson et al.

1987). Numerous aggressive non-native

plants, including Australian fireweed

(Erechtites glomerata), iceplants

(Carpobrotus spp., Mesembryanthemum

spp.), thistles (Centaurea spp., Cirsium

spp., Silybum sp.), German-ivy (Senecio

mikanoides), hoary cress (Cardaria

draba), and Russian thistle (Salsola

tragus) pose threats to most of the taxa

addressed in this rule.

Fennel (Foeniculum vulgare) has

become widespread since the removal of

cattle and sheep from Santa Cruz Island.

Fennel was noticed as a pest species

prior to the removal of sheep as reported

in Hobbs (1983). Sheep kept the plant

from growing to its full height of 2 m (6

ft), and since their removal the plant has

‘‘appeared’’ over large areas of the

island. When it is not grazed and

cropped close to the ground, its bright

green foliage and bright yellow flowers

are very conspicuous. Several papers
40970 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

were presented at a recent symposium

on techniques to control fennel (Brenton

and Klinger 1994, Dash and Gliessman

1994, Gliessman 1994). If left

unchecked, fennel completely

dominates the habitats it occupies to the

exclusion of all other species. This

dominance may be facilitated by a

chemical that prevents other species

from competing for occupied sites

(Gliessman 1994).

Incidental introductions of seed to the

Channel Islands occur continually from

wind-blown seed from the mainland,

introductions from restocking of nonnative animals, and seed carried on

vehicles and in construction materials.

Deliberate introductions of seed have

also occurred as during the 1960’s,

when one pilot reported scattering bags

of commercial wildflower and grass

seed on most of the northern Channel

Islands (Rutherford, in litt. 1994). When

new introductions and established seed

sources occur in areas with disturbance

resulting from grazing, browsing, and

rooting by non-native mammals, the

invasive species can dominate the site.

Over the past decade there has been an

increasing trend in the numbers of nonnative plants invading the Channel

Islands. Santa Rosa Island has

experienced the least increase in

percentage of weed species to native

flora ratio of any of the Channel Islands

with a 2 percent increase to 20 percent

(Junak et al. 1995). Santa Cruz Island

has at least 170 non-native plants

recorded and Santa Rosa Island has 98

non-natives (Junak et al. 1995). These

invasive species have a high probability

of preventing recruitment and causing

habitat displacement of Arabis

hoffmannii, Castilleja mollis, Dudleya

nesiotica, Galium buxifolium,

Helianthemum greenei, Malacothamnus

fasciculatus var. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis ssp. insularis, and

Thysanocarpus conchuliferus.

Many of the known pollinators on the

islands are ground-nesting insects

(Miller 1985, Miller and Davis 1985).

Gilia tenuiflora has been reported to be

pollinated by a ground nesting beefly

(Oligodranes sp.) (Grant and Grant

1965). The habitat of these groundnesting insects has been and is being

degraded by trampling and serious loss

of soils to active erosion on all of the

islands.

The few, small and isolated

populations with few individuals of

most of these taxa increase the potential

for their extinction from random events.

One of the species in this rule, Dudleya

nesiotica, is known from single a

population. Seven other taxa in this

rule, Arabis hoffmannii, Berberis

pinnata ssp. insularis, Castilleja mollis,

Gilia tenuiflora ssp. hoffmannii,

Malacothamnus fasciculatus ssp.

nesioticus, Malacothrix indecora, and

Phacelia insularis ssp. insularis, are

known from only two to five

populations. Although recent surveys

were conducted for Malacothrix

squalida and Thysanocarpus

conchuliferus (S. Junak, pers. comm.

1994,Wilken in litt. 1997), and they

have not been seen in over five years,

the Service believes these species are

still likely to be extant because all

historic locations have not been recently

visited.

Species with few populations and

individuals are subject to the threat of

random events causing extinction in

several ways. First, the loss of genetic

diversity may decrease a species’ ability

to maintain fitness within the

environment, often manifested in

depressed reproductive vigor. From

genetic analyses conducted for the two

populations of Malacothamnus

fasciculatus var. nesioticus, (Swenson et

al. 1995), it was concluded that the

three genotypes represented in each of

the two populations ‘‘probably represent

only a portion of the diversity once

present in var. nesioticus.’’ Elisens

(1994) documented reduced levels of

genetic diversity in Galvesia speciosa, a

Channel Islands endemic species of

special concern, and noted that the

levels were ‘‘likely the result of

decreased population sizes initiated by

human activities and herbivore

introductions.’’

Secondly, species with few

populations or individuals may be

subject to forces that affect their ability

to complete their life cycle successfully.

Arctostaphylos confertiflora, provides

an excellent example of this type of

threat. The only remaining individuals

of this species are of moderate to old

age, and establishment of new

individuals is completely lacking

(McEachern 1996, McEachern and

Wilken 1996, Wilken in litt. 1997). The

effects of browsing animals on critical

portions of its life cycle has resulted in

the inability of Arctostaphylos

confertiflora to establish new

individuals to replenish its population.

The degree of pollination success for

manzanita flowers is unknown, but the

abundance of alien grazing and

browsing animals has likely depressed

the number of native pollinators

available to the native plants. Even if

pollination occurs and results in

successful fruiting, the fruits are eaten

by browsing animals. Seed banks are

absent due to severe soil loss

(McEachern and Wilken 1996). If the

fruits escape predation and seeds do

germinate, the seedlings are either

trampled or eaten by those same

animals. Most of the species in this rule

that occur on Santa Rosa, Santa Cruz,

and Santa Catalina Islands are likely to

be similarly affected. For Berberis

pinnata ssp. insularis the conspicuous

lack of recruitment from seeds likely

represents a threat to its long-term

survival (Wilken 1996). During the

1995–1996 life history study for Arabis

hoffmannii there were only 11 plants

that produced seed in three populations

(Wilken in litt. 1997).

Thirdly, random natural events, such

as storms, drought, fire, or landslides,

could destroy a significant percentage of

a species’ individuals, or the only

known extant population. Arabis

hoffmannii, Galium buxifolium, and

Thysanocarpus conchuliferus are

examples of species that could sustain

losses of individuals and populations

through landslides and soil sloughing as

a result of storm events. If a fire were

to burn through the Arctostaphylos

confertiflora populations in its current

condition with a highly reduced seed

bank, the species would likely go

extinct.

In summary, random events can affect

species on three different levels:

through loss of genetic diversity,

through chance events in survival and

reproduction, and through catastrophic

events. When numbers of populations

and individuals reach critically low

levels, more than one of these three

types of processes may combine to

cause extinction. For instance, a species

with low reproductive success due to

grazing or browsing pressure during a

critical portion of its life cycle may

subsequently be subject to a severe

drought or storm that eliminates the

remaining individuals or populations.

Such random events increase the

vulnerability of all of the taxa in this

rule.

The Service has carefully assessed the

best scientific and commercial

information available regarding the past,

present, and future threats faced by

these taxa in determining to make this

rule final. Based on this evaluation, the

Service finds that Arabis hoffmannii,

Arctostaphylos confertiflora, Berberis

pinnata ssp. insularis, Castilleja mollis,

Galium buxifolium, Gilia tenuiflora ssp.

hoffmannii, Malacothamnus

fasciculatus ssp. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis ssp. insularis, and

Thysanocarpus conchuliferus meet the

definition of endangered species under

the Act. Threats to these 11 taxa include

soil loss, habitat alteration by mammals

alien to the Channel Islands (pigs, goats,

sheep, donkeys, cattle, deer, elk, horses,
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40971

bison) and herbivory by these same

alien mammals, habitat alteration by

native seabirds, habitat alteration due to

vehicular traffic, and competition with

alien plant taxa. The 11 taxa also have

an increased vulnerability to extinction

due to reduced genetic viability,

depressed reproductive vigor, and

random events resulting from few, small

and isolated populations with few

individuals. Because these 11 taxa are in

danger of extinction throughout all or a

significant portion of their ranges, they

fit the definition of endangered as

defined in the Act.

For the reasons discussed below, the

Service finds that Dudleya nesiotica and

Helianthemum greenei are likely to

become endangered in the foreseeable

future throughout all or a significant

portion of their range. Since the time the

proposed rule was published, more

accurate information on the population

status of Dudleya nesiotica has become

available indicating that there are

considerably more individuals than

previously understood and that the

species occupies a larger area than

previously known. An estimated 30,000

to 60,000 individuals are now known to

occur within an area of 13 ha (32 ac)

(Wilken in litt. 1997). While the species

remains vulnerable to soil loss, rooting

from pig activity, and the possibility of

random events, the Service now

believes that the species is not in

immediate danger of extinction.

Helianthemum greenei has been found

to have substantially larger population

sizes than were previously known in

areas that burned in 1994, with a

minimum estimate of between 500 and

1,000 individuals at each of four

locations (Wilken in litt. 1997). There

are now 14 known locations for this

taxon with an estimated total of over

3,000 individuals. While the species

remains vulnerable to loss of soil, pig

rooting, altered fire frequencies and

intensities, and the possibility of

random events, the species is not in

immediate danger of extinction. The

Service finds that Dudleya nesiotica and

Helianthemum greenei meet the

definition of threatened species under

the Act. Critical habitat is not being

proposed for these taxa for reasons

discussed in the ‘‘Critical Habitat’’

section of this proposal.

Critical Habitat

Critical habitat is defined by section

3 of the Act as: (i) the specific areas

within the geographical area occupied

by a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection and; (ii) specific areas

outside the geographical area occupied

by a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures needed

to bring any protected species to the

point at which the measures provided

pursuant to the Act are no longer

necessary (50 CFR 424.02(c)).

Section 4(a)(3) of the Act, as

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, the Secretary specify

critical habitat at the time a species is

proposed for listing. The Service finds

that designation of critical habitat is not

prudent for Arabis hoffmannii,

Arctostaphylos confertiflora, Berberis

pinnata ssp. insularis, Castilleja mollis,

Dudleya nesiotica, Galium buxifolium,

Gilia tenuiflora ssp. hoffmannii,

Helianthemum greenei, Malacothamnus

fasciculatus ssp. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis ssp. insularis, and

Thysanocarpus conchuliferus at this

time. Service regulations (50 CFR

424.12(a)(1)) state that designation of

critical habitat is not prudent when one

or both of the following situations exist:

(1) the species is threatened by taking or

other human activity, and identification

of critical habitat can be expected to

increase the degree of such threat to the

species, or (2) such designation of

critical habitat would not be beneficial

to the species.

Critical habitat designation for Arabis

hoffmannii, Arctostaphylos

confertiflora, Berberis pinnata ssp.

insularis, Castilleja mollis, Dudleya

nesiotica, Galium buxifolium, Gilia

tenuiflora ssp. hoffmannii,

Helianthemum greenei, Malacothamnus

fasciculatus ssp. nesioticus, Malacothrix

indecora, Malacothrix squalida,

Phacelia insularis ssp. insularis, and

Thysanocarpus conchuliferus is not

prudent due to lack of benefit. Dudleya

nesiotica, Helianthemum greenei,

Malacothamnus fasciculatus ssp.

nesioticus, and Thysanocarpus

conchuliferus all occur on private lands

where there is unlikely to be any need

for Federal involvement under section 7

of the Act. Arabis hoffmannii,

Arctostaphylos confertiflora, Berberis

pinnata ssp. insularis, Castilleja mollis,

Galium buxifolium, Gilia tenuiflora ssp.

hoffmannii, Malacothrix indecora,

Malacothrix squalida, and Phacelia

insularis ssp. insularis all either have

fewer than 100 individuals or fewer

than four populations and any action

that would adversely modify occupied

or suitable habitat that might be

considered critical habitat would also

jeopardize the species. Therefore, the

designation of critical habitat would not

provide any benefit to the conservation

of the species beyond that afforded by

listing.

The NPS, the Department of Defense

(DOD), TNC, and other pertinent parties

have been notified of the location and

importance of protecting these species’

habitats. Protection of these species’

habitats will be addressed through the

development of a conservation

agreement with the Park, the recovery

process, and through the section 7

consultation process as a result of listing

these species. The Service believes that

effects of Federal involvement in the

areas where these plants occur can be

identified without the designation of

critical habitat. The Service finds that

designation of critical habitat for these

plants is not prudent at this time,

because such designation would not

increase the degree of protection to the

species beyond the protection afforded

by listing.

Available Conservation Measures

Conservation measures provided to

species listed as endangered or

threatened under the Act include

recognition, recovery actions,

requirements for Federal protection, and

prohibitions against certain practices.

Recognition through listing encourages

and results in conservation actions by

Federal, State, and private agencies,

groups, and individuals. The Act

provides for possible land acquisition

and cooperation with the States and

requires that recovery actions be carried

out for all listed species. The protection

required of Federal agencies and the

prohibitions against certain activities

involving listed plants are discussed, in

part, below.

Section 7(a) of the Act, as amended,

requires Federal agencies to evaluate

their actions with respect to any species

that is listed as endangered or

threatened and with respect to its

critical habitat, if any is designated.

Regulations implementing this

interagency cooperation provision of the

Act are codified at 50 CFR part 402.

Section 7(a)(2) requires Federal agencies

to ensure that activities they authorize,

fund, or carry out are not likely to

jeopardize the continued existence of

such a species or to destroy or adversely

modify its critical habitat. If a Federal

action may affect a listed species or its

critical habitat, the responsible Federal

agency must enter into formal

consultation with the Service.

The NPS has developed a Resources

Management Plan and Environmental
40972 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Impact Statement (EIS) for improvement

of water quality and conservation of rare

species and their habitats on Santa Rosa

Island in response to a Cleanup and

Abatement Order, issued by the Central

Coast Regional Water Quality Control

Board and the proposed listing of the 16

plants from the Northern Channel

Islands. The implementation of the Plan

is intended to improve the status of the

plants in this rule; due to natural

variability in population sizes of the

annual plants in this rule, however, any

evaluation of the success of

implementation will require at least

three years to evaluate. For more longlived species, even an accurate

assessment of survivorship to

reproductive maturity may take

considerably longer.

The Service and NPS have been

cooperating to develop a conservation

agreement (CA) in accordance with an

MOU among several Federal landmanaging agencies to cooperate in the

conservation of species for which listing

may be appropriate (U.S. Department of

the Interior 1994). The Service has been

working with and advising NPS since at

least 1991 including the review of their

range management plans effects on the

species in this rule. The intent of the CA

is to focus on the conservation needs of

the plant and animal species of special

concern from the northern Channel

Islands such that listing for some of

those taxa may be avoided. The CA

would also serve as a template for the

future development of a recovery

strategy for the 13 taxa included in this

rule.

The Service and NPS signed an MOU

in 1995, for the purpose of developing

a conservation strategy (CS) that would

be included as the basis for a portion of

the preferred alternative for the NPS

EIS. A team of biologists from three

agencies (NPS, Service, and BRD) was

assembled to prepare the CS. As a first

step in developing a CS for the northern

Channel Islands, the conservation team

compiled and reviewed available

literature and data relevant to these

species and their plant communities.

Two public meetings were held on

September 8, 1994, and January 9, 1995,

to gather additional scientific data on

the species and their habitats,

distributions, and threats. It was agreed

that the best strategy for recovery of the

species would be a restoration of the

ecosystem processes and habitat

structures that support them. The NPS

selected the CS alternative in the final

EIS (NPS 1997).

Of the 13 taxa in this rule, all except

Dudleya nesiotica, Malacothamnus

fasciculatus ssp. nesioticus, and

Thysanocarpus conchuliferus have

populations or historical habitat located

on Federal lands. Three of the taxa

(Galium buxifolium, Malacothrix

indecora, and Phacelia insularis ssp.

insularis) have populations or historical

habitat on San Miguel Island, which is

owned by the Navy and managed by

NPS through a MOA and IA. Navy

activities that could potentially affect

these taxa and their habitats include

military exercises and equipment testing

and retrieval carried out under the

Executive Order that established the

PMTC Sea Test Range, which includes

Anacapa, San Miguel, Santa Barbara,

Santa Cruz, and Santa Rosa Islands and

their environs.

Two of the taxa (Berberis pinnata ssp.

insularis and Malacothrix squalida)

have populations or historical habitat on

Anacapa Island, which is owned and

managed by the NPS. Eight of the 13

taxa have populations or historical

habitat on Santa Rosa Island, which is

owned and managed by the NPS. Three

of those eight taxa are single island

endemics (Arctostaphylos confertiflora,

Castilleja mollis, Gilia tenuiflora ssp.

hoffmannii). NPS activities that could

potentially affect these taxa and their

habitats include specific management

plans, including those that address

expansion of NPS facilities; expansion

of visitor services; range management

plans, including those that address

cattle ranching and deer and elk

hunting; alien plant removal programs;

and other ecosystem restoration

programs, including prescribed fire

management. Other activities include

the issuing of permits, including Special

Use Permits, that authorize continued

ranching and hunting operations on

Santa Rosa Island. Also included are

permits that authorize activities by other

agencies or organizations, including

rights-of-way to the Department of

Commerce to access lighthouse and

communication facilities.

As mentioned above, there are three

taxa that occur wholly on lands owned

and managed by TNC. Future

management of Santa Cruz Island may

involve NPS as a cooperator, since the

island is within National Park

boundaries. NPS has already developed

a keen interest in the conservation of the

taxa in this rule on Santa Cruz Island,

and the Service would anticipate

coordination with NPS on issues

affecting those taxa.

The Act and its implementing

regulations set forth a series of general

prohibitions and exceptions that apply

to all endangered plants or threatened

plants. All prohibitions of section

9(a)(2) of the Act, implemented by 50

CFR 17.61 for endangered plants, and 50

CFR 17.71 for threatened plants, apply.

These prohibitions, in part, make it

illegal for any person subject to the

jurisdiction of the United States to

import or export, transport in interstate

or foreign commerce in the course of a

commercial activity, sell or offer for sale

in interstate or foreign commerce, or

remove and reduce the species to

possession from areas under Federal

jurisdiction. In addition, for plants

listed as endangered, the Act prohibits

the malicious damage or destruction on

areas under Federal jurisdiction and the

removal, cutting, digging up, or

damaging or destroying of such plants

in knowing violation of any State law or

regulation, including State criminal

trespass law. Certain exceptions to the

prohibitions apply to agents of the

Service and State conservation agencies.

It is the policy of the Service,

published in the Federal Register (59

FR 34272) on July 1, 1994, to identify

to the maximum extent practicable at

the time a species is listed those

activities that would or would not be

likely to constitute a violation of section

9 of the Act. The intent of this policy

is to clarify the potential impacts of a

species listing on proposed and ongoing

activities within its range. Eight of the

13 taxa in this final rule are known to

occur on lands under the jurisdiction of

the NPS or DOD; an additional 4 taxa

historically occurred on these same

Federal lands, and potential habitat may

still exist. Collection, damage, or

destruction of listed species on these

lands is prohibited. However,

authorization to incidentally remove or

destroy such species on Federal lands

may be granted by the Fish and Wildlife

Service for any otherwise legal action

funded, authorized, or implemented by

a Federal agency through section 7 of

the Act. The removal and reduction to

possession of listed species on Federal

lands for research activities may be

authorized by the Service under section

10(a)(1)(A) of the Act.

Section 9 of the Act prohibits

removal, cutting, digging up, damaging,

or destroying endangered plants on

Federal or non-Federal lands in

knowing violation of any law or

regulation of any State or in the course

of any violation of a State criminal

trespass law. As an example, if

individuals of an endangered plant

species were grazed or trampled by

cattle while the livestock were

trespassing on either Federal or nonFederal land, a violation of section 9

may exist. However, if the livestock

grazing occurred under the authority of

a local permit on non-Federal land or

under a section 7 consultation on

Federal land, section 9 would not be

violated. Questions regarding whether
Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations 40973

specific activities would constitute a

violation of section 9 should be directed

to the Field Supervisor of the Service’s

Ventura Field Office (see ADDRESSES

section).

The Act and 50 CFR 17.62 and 17.63

for endangered plants and 50 CFR 17.72

for threatened plants also provide for

the issuance of permits to carry out

otherwise prohibited activities

involving endangered or threatened

plants under certain circumstances.

Such permits are available for scientific

purposes and to enhance the

propagation or survival of the species.

For threatened plants, permits also are

available for botanical or horticultural

exhibition, educational purposes, or

special purposes consistent with the

purposes of the Act. Requests for copies

of the regulations regarding listed

species and inquiries about prohibitions

and permits may be addressed to the

U.S. Fish and Wildlife Service,

Endangered Species Permits, 911 N.E.

11th Avenue, Portland, Oregon 97232–

4181 (telephone 503/231–2063,

facsimile 503/231–6243).

National Environmental Policy Act

The Fish and Wildlife Service has

determined that Environmental

Assessments and Environmental Impact

Statements, as defined under the

authority of the National Environmental

Policy Act of 1969, need not be

prepared in connection with regulations

adopted pursuant to section 4(a) of the

Endangered Species Act of 1973, as

amended. A notice outlining the

Service’s reasons for this determination

was published in the Federal Register

on October 25, 1983 (48 FR 49244).

Required Determinations

The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements.

References Cited

A complete list of all references cited

herein is available upon request from

the Ventura Field Office (see

ADDRESSES section).

Authors: The primary authors of this

final rule are Tim Thomas and Connie

Rutherford, botanists, Ventura Field

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Regulations Promulgation

Accordingly, the Service amends part

17, subchapter B of chapter I, title 50 of

the Code of Federal Regulations, as set

forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.12(h) is amended by

adding the following, in alphabetical

order under FLOWERING PLANTS, to

the List of Endangered and Threatened

Plants to read as follows:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

* * * * * * *

Flowering Plants

* * * * * * *

Arabis hoffmannii ..... Hoffman’s rockcress U.S.A. (CA) ............. Brassicaceae—Mustard.E 623 NA NA

* * * * * * *

Arctostaphylos

confertiflora.

Santa Rosa Island

manzanita.

U.S.A. (CA) ............. Ericaceae—

Manzanita.

E 623 NA NA

* * * * * * *

Berberis pinnata ssp.

insularis.

Island barberry ........ U.S.A. (CA) ............. Berberidaceae—

Barberry.

E 623 NA NA

* * * * * * *

Castilleja mollis ........ Soft-leaved Indian

paintbrush.

U.S.A. (CA) ............. Scrophularia- ...........

ceae—Figwort .........

E 623 NA NA

* * * * * * *

Dudleya nesiotica .... Santa Cruz Island

dudleya.

U.S.A. (CA) ............. Crassulaceae—

Stonecrop.

T 623 NA NA

* * * * * * *

Galium buxifolium .... Island bedstraw ....... U.S.A. (CA) ............. Rubiaceae—Bedstraw.E 623 NA NA

* * * * * * *

Gilia tenuiflora ssp.

hoffmannii.

Hoffmann’s gilia ...... U.S.A. (CA) ............. Polemoniaceae—

Phlox.

E 623 NA NA

* * * * * * *

Helianthemum

greenei.

Island rush rose ...... U.S.A. (CA) ............. Asteraceae—Aster .. T 623 NA NA
40974 Federal Register / Vol. 62, No. 147 / Thursday, July 31, 1997 / Rules and Regulations

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

* * * * * * *

Malacothamnus

fasciculatus ssp.

nesioticus.

Santa Cruz Island

bush-mallow.

U.S.A. (CA) ............. Malvaceae—Mallow E 623 NA NA

* * * * * * *

Malacothrix indecora Santa Cruz Island

malacothrix.

U.S.A. (CA) ............. Asteraceae—Aster .. E 623 NA NA

* * * * * * *

Malacothrix squalida Island malacothrix ... U.S.A. (CA) ............. Asteraceae—Aster .. E 623 NA NA

* * * * * * *

Phacelia insularis

ssp. insularis.

Island phacelia ........ U.S.A. (CA) ............. Hydrophylla- ............

ceae—Waterleaf .....

E 623 NA NA

* * * * * * *

Thysanocarpus

conchuliferus.

Santa Cruz Island

lacepod.

U.S.A. (CA) ............. Brassicaceae—Mustard.E 623 NA NA

* * * * * * *

Dated: July 24, 1997

John G. Rogers,

Director, Fish and Wildlife Service.

[FR Doc. 97–20133 Filed 7–30–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7012–02; I.D.

072597A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bering Sea and Aleutian

Islands

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the 1997

Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), July 25, 1997, until 2400

hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

The 1997 halibut bycatch allowance

specified for the BSAI trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category, which is defined at

§ 679.21(e)(3)(iv)(B)(2), was established

by the Final 1997 Harvest Specifications

for Groundfish of the BSAI (62 FR 7168,

February 18, 1997) as 795 metric tons.

In accordance with § 679.21(e)(7)(iv),

the Administrator, Alaska Region,

NMFS, has determined that the 1997

Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery in the BSAI

has been caught. Consequently, NMFS

is closing directed fishing for species in

the rock sole/flathead sole/‘‘other

flatfish’’ fishery category by vessels

using trawl gear in the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

Classification

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

overharvesting the 1997 Pacific halibut

bycatch allowance specified for the

trawl rock sole/flathead sole/‘‘other

flatfish’’ fishery in the BSAI. Providing

prior notice and an opportunity for

public comment on this action is

impracticable and contrary to public

interest. The fleet will soon take the

Pacific halibut bycatch allowance

specified for the trawl rock sole/flathead

sole/‘‘other flatfish’’ fishery in the BSAI.

Further delay would only result in

overharvest and disrupt the FMP’s

objective of allowing incidental catch to

be retained throughout the year. NMFS

finds for good cause that the

implementation of this action cannot be

delayed for 30 days. Accordingly, under

5 U.S.C. 553(d), a delay in the effective

date is hereby waived.

This action is required by 50 CFR

679.21 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: July 25, 1997.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–20097 Filed 7-25-97; 4:44 pm]

BILLING CODE 3510–22–F