42692 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

2. Section 721.3764 is revised to read

as follows:

§ 721.3764 Fluorene substituted aromatic

amine.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified

generically as a fluorene substituted

aromatic amine (PMN P–91–43) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section.

(2) The significant new uses are:

(i) Protection in the workplace.

Requirements as specified in § 721.63

(a)(1), (a)(2)(iii), (a)(3), (a)(4), (a)(5)(iii),

(a)(5)(iv), (a)(5)(v), (a)(5)(vi), (a)(6)(i), (b)

(concentration set at 1.0 percent), and

(c). However, these requirements do not

apply after the PMN substance is

adhered onto film or incorporated into

prepreg form (resin impregnated

substrate).

(ii) Hazard communication program.

Requirements as specified in § 721.72

(a), (b), (c), (d), (e) (concentration set at

1.0 percent), (f), (g)(1)(iv), (g)(2)(i),

(g)(2)(ii), (g)(2)(iii), (g)(2)(iv), (g)(2)(v),

(g)(3)(i), (g)(3)(ii), (g)(4)(iii), and (g)(5)

during manufacture.

(iii) Industrial, commercial, and

consumer activities. Requirements as

specified in § 721.80(l).

(iv) Release to water. Requirements as

specified in § 721.90 (a)(1), (b)(1), and

(c)(1).

(b) Specific requirements. The

provisions of subpart A of this part

apply to this section except as modified

by this paragraph.

(1) Recordkeeping. Recordkeeping

requirements as specified in § 721.125

(a) through (i) and (k) are applicable to

manufacturers, importers, and

processors of this substance.

(2) Limitations or revocation of

certain notification requirements. The

provisions of § 721.185 apply to this

section.

3. Section 721.5225 is amended by

revising paragraph (a)(2)(v) to read as

follows:

§ 721.5225 Naphthalene, 1,2,3,4-

tetrahycro(1-phenylethyl) (specific name).

(a) Chemical substance and

significant new uses subject to reporting.

* * *

(2) * * *

(v) Release to water. Requirements as

specified in § 721.90 (a)(4), (b)(4), and

(c)(4) (where n = 1).

* * * * *

4. Section 721.7046 is amended by

revising paragraph (a)(1) to read as

follows:

§ 721.7046 Formaldehyde, polymer with

substituted phenols, glycidyl ether.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

formaldehyde, polymer with substituted

phenols, glycidyl ether (PMN P–93–955)

is subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section. The

requirements of this section do not

apply once the substance is a

component of a highly densified tablet

formulation of an epoxy molding

compound.

* * * * *

5. Section 721.7210 is amended by

revising paragraph (a)(1) to read as

follows:

§ 721.7210 Epoxidized copolymer of

phenol and substituted phenol.

(a) Chemical substance and

significant new uses subject to reporting.

(1) The chemical substance identified as

epoxidized copolymer of phenol and

substituted phenol (PMN P–91–598) is

subject to reporting under this section

for the significant new uses described in

paragraph (a)(2) of this section. The

requirements of this section do not

apply once the substance is a

component of a highly densified tablet

formulation of an epoxy molding

compound.

* * * * *

6. Section 721.8350 is amended by

adding paragraph (a)(2)(iv) to read as

follows:

§ 721.8350 2-Propenoic acid, 7-

oxabicyclo[4.1.0]hept-3-ylmethyl ester.

(a) Chemical substance and

significant new uses subject to reporting.

* * *

(2) * * *

(iv) Release to water. Requirements as

specified in § 721.90 (a)(1), (b)(1), and

(c)(1).

* * * * *

[FR Doc. 97–20980 Filed 8–7–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AD37

Endangered and Threatened Wildlife

and Plants; Determination of

Endangered Status for Three Plants

From the Channel Islands of Southern

California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Fish and Wildlife Service

(Service) determines Cercocarpus

traskiae (Catalina Island mountainmahogany), Lithophragma maximum

(San Clemente Island woodland-star),

and Sibara filifolia (Santa Cruz Island

rockcress) to be endangered throughout

their respective historical ranges on the

Channel Islands of southwestern

California, pursuant to the Endangered

Species Act of 1973, as amended (Act).

Cercocarpus traskiae is found primarily

in coastal scrub habitats on Santa

Catalina Island. Lithophragma

maximum is found in rock crevices

within coastal bluff scrub on San

Clemente Island. Sibara filifolia is found

on talus slopes in coastal scrub on San

Clemente Island and may still occur on

Santa Catalina Island, although the last

sighting of the species on that island

was in 1973. These plants are

threatened by a variety of factors

including grazing, fire, competition

from non-native plant species, erosion,

and hybridization. This rule implements

the Federal protection provisions

afforded by the Act for these three plant

species.

DATES: Effective September 8, 1997.

ADDRESSES: The file for this rule is

available for inspection, by

appointment, during normal business

hours at the U.S. Fish and Wildlife

Service, Carlsbad Field Office, 2730

Loker Avenue West, Carlsbad, California

92008.

FOR FURTHER INFORMATION CONTACT: Gail

Kobetich, Field Supervisor, at the above

address (telephone 760/431–9440;

facsimile 760/431–9624).

SUPPLEMENTARY INFORMATION:

Background

Cercocarpus traskiae (Catalina Island

mountain-mahogany), Lithophragma

maximum (San Clemente Island

woodland-star), and Sibara filifolia

(Santa Cruz Island rockcress) are

endemic to the Channel Islands of

southern California. These three species

are restricted primarily to San Clemente

and Santa Catalina Islands. Cercocarpus

traskiae is currently known only from

Santa Catalina Island, although a single

plant was discovered in the Santa

Monica Mountains in 1993.

Lithophragma maximum occurs on San

Clemente Island. Sibara filifolia occurs

on San Clemente and Santa Catalina

Islands. Sibara filifolia was also

historically found on Santa Cruz Island.

The Channel Islands are composed of

igneous and sedimentary rocks that

have been uplifted and folded by

tectonic activity (Raven 1963, Thorne
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42693

1967, Schaffer 1993). The maritime

climate of the islands is characterized

by hot, dry summers and mild, wet

winters with periodic severe droughts

and frequent fog (Minnich 1980,

Johnson 1980). The archipelago is made

up of two chains of islands. The

northern Channel Islands include the

islands of San Miguel, Santa Rosa, Santa

Cruz and Anacapa. The southern

Channel Islands are San Nicholas, Santa

Barbara, Santa Catalina and San

Clemente (Raven 1967).

The Channel Islands are rich in

endemic species as a result of their age

and geographic isolation. A number of

species have persisted on the islands,

although their mainland counterparts

have been extirpated by climatic change

and other factors over geologic time

(Raven 1963).

The decline of insular endemic

species, including the three plants

discussed herein, began before thorough

botanical studies on the islands were

completed. The original range and

distribution of these endemics are

speculative because their original

habitats are now dominated by nonnative plants. Although the Channel

Islands have been occupied by humans

for at least 10,000 years, non-native

plants have only become naturalized on

the islands since their introduction by

Euro-Americans during the last 200

years. Overgrazing and trampling of

native vegetation by domestic animals

facilitated the spread of these nonnative plants (Raven 1963, Raven 1967,

Thorne 1967, Philbrick 1980). Severe

erosion resulting from overgrazing was

exacerbated by a series of droughts in

the 1860’s, the first of several periods of

severe stripping of vegetation and soil

on the islands (Johnson 1980).

San Clemente Island is the

southernmost of the Channel Islands in

California. Its terrain is marked by a

broad, high plateau surrounded by

deeply incised cliffs. The highest

elevation on the 145 square kilometer

(sq km) (56 square mile (sq mi)) island

is 600 meters (m) (1,965 feet (ft)) (Power

1980). San Clemente Island contains the

entire historical range of Lithophragma

maximum and one of two known

populations of Sibara filifolia.

Goats (Capra hircus) were present on

San Clemente Island as early as 1827

(Dunkle 1950). The San Clemente Island

Sheep and Wool Company leased that

island from the U.S. Government from

1877 to 1934 (Raven 1963). The

ownership of the island was

subsequently transferred to the

Department of Defense (Navy). Although

the Navy eliminated sheep (Ovis aries)

grazing in 1934, the goat population

proliferated (Kellogg and Kellogg 1994).

In addition, the California Department

of Fish and Game (CDFG) introduced

pigs (Sus scrofa) to the island in 1951

and mule deer (Odocoileus hemionus)

in 1962 (Kellogg and Kellogg 1994).

Populations of feral goats ranged from

15,000 to 20,000 about 1930 (Kellogg

and Kellogg 1994). The Navy removed

all feral goats and pigs by 1992, in an

effort to preserve endemic flora and

fauna (Kellogg and Kellogg 1994).

Santa Catalina Island is the largest of

the southern Channel Islands,

measuring 194 sq km (75 sq mi). The

terrain is rugged and mountainous, with

a maximum elevation of 648 m (2,125 ft)

(Power 1980). Due to its proximity to

the mainland, the flora of Santa Catalina

Island is very similar to the flora of the

mainland (Thorne 1967). Habitats on the

island include oak woodlands,

chaparral, coastal sage scrub, and

grasslands (Minnich 1980). Santa

Catalina supports the only known extant

population of Cercocarpus traskiae and

is part of the historical range of Sibara

filifolia (Thorne 1967, Thorne 1969,

Wallace 1985). The most recent find, the

first in 70 years, of Sibara filifolia on

Santa Catalina was in 1973. The

voucher specimen is at the Rancho

Santa Ana Botanic Garden Herbarium,

but its existence remained unknown

until 1996.

Santa Cruz is the largest of the

northern Channel Islands measuring 250

sq km (96 sq mi) with a maximum

elevation of 753 m (2,470 ft) (Power

1980). The north side of the island is

mountainous and rugged; the

topography of the southern side is

gentle and rolling. The Nature

Conservancy currently owns

approximately 90 percent of Santa Cruz

Island. The remainder is co-owned by

the National Park Service (Schuyler

1987) and a private party. Santa Cruz

Island is a historical location of Sibara

filifolia, although the species has not

been seen on the island since 1936.

Cercocarpus traskiae was first

described by Alice Eastwood (1898)

based on a specimen collected by

Blanche Trask in 1897. Dunkle (1940)

reduced C. traskiae to a variety of C.

betuloides. Although Martin (1950)

subsequently included this taxon as a

variety of C. montanus, Munz and Keck

(1959) retained it as C. betuloides var.

traskiae. Munz (1935, 1968) returned C.

betuloides var. traskiae to species rank,

C. traskiae. Murray (1982) changed the

rank of this taxon to a subspecies of C.

betuloides; however, C. traskiae is

currently recognized at the species level

by both Munz (1974) and Lis (1993).

Cercocarpus traskiae, a member of the

rose family (Rosaceae), is an evergreen

shrub or small tree that flowers from

March to May. The flowers lack petals

and occur in clusters of 4 to 10. The

hypanthium (floral structure derived

from the fused lower portions of sepals,

petals, and stamens) is densely whitewoolly, and is approximately 7 to 14

millimeters (mm) (0.5 inch (in.)) long

(Lis 1993). The fruit is an achene with

a persistent plumose style, which dries

in a spiral, typical of the genus. The

leathery, clustered leaves are simple,

serrate (toothed), and range from 2.5 to

6 centimeters (cm) (1 to 2.5 in.) long.

The upper surface of the leaf is glabrous

(smooth); the lower surface is densely

white-woolly. Cercocarpus betuloides

var. blancheae is relatively common on

Santa Catalina Island, and is distinct

from C. traskiae (Eastwood 1898, Cole

and Lu 1979). It is differentiated from C.

traskiae by the strigose (with stiff, sharp,

appressed hairs) undersides of its leaves

and by the pubescence of the floral tube.

In addition, the leaves of C. betuloides

var. blancheae are not leathery

(Eastwood 1898, Lis 1993).

Cercocarpus traskiae is one of

California’s rarest trees. It is endemic to

a particular soil type, derived from

sausserite gabbro parent material

(Martin 1984). On Santa Catalina Island,

C. traskiae is currently only found in

Wild Boar Gully, a steep-sided, narrow

arroyo located in the southwestern

portion of the island (Thorne 1967,

1969). Cercocarpus traskiae occurs there

in coastal sage scrub containing

Eriogonum fasciculatum (California

buckwheat), Salvia mellifera (black

sage), and Rhus integrifolia (lemonade

berry). The Santa Catalina Island

Conservancy (SCIC), a private

corporation which owns 86 percent of

the land on Santa Catalina Island, owns

all of the habitat occupied by C.

traskiae.

An estimated 50 individuals of

cocarpus traskiaere identified from

Wild Boar Gully when this taxon was

originally discovered (Eastwood 1898).

The population has since been reduced

to six mature trees (Martin 1984,

Rieseberg and Swensen 1996). The SCIC

has planted C. traskiae seedlings in test

plots (Rieseberg et al. 1989). The results

of this planting are unknown at this

time.

In 1993, a single individual of

Cercocarpus traskiae was discovered in

the Santa Monica Mountains by David

Carroll (Rieseberg and Swensen 1996).

Although additional individuals may

exist in the Santa Monica Mountains,

this taxon is not likely to be widespread

or common. The single mainland

specimen may represent a remnant of an

ancestral or sister population of C.

traskiae, or a hybrid between C. traskiae

and the mainland variety, C. betuloides
42694 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

var. betuloides (Rieseberg and Swensen

1996). It is also possible that this

specimen was planted.

Lithophragma maximum was

originally described by Rimo Bacigalupi

(1963) as L. maxima based on a

collection by Mrs. Nell Murbarger in

1936 on San Clemente Island. The

specific epithet was later corrected to L.

maximum (Bacigalupi 1979). Taylor

(1965) was unaware of L. maximum at

the time he published his monograph of

the genus; however, L. maximum has

been recognized by Munz (1968, 1974)

and Elvander (1993).

Lithophragma maximum is a member

of the saxifrage family (Saxifragaceae)

and flowers from April to June. It is a

rhizomatous, perennial herb with basal

leaves and two or three stout flowering

stems from 40 to 60 cm (16 to 24 in.)

high. Each flower-bearing stem

produces 20 or more white,

campanulate (bell-shaped) flowers, each

about 1 cm (0.5 in.) in length

(Bacigalupi 1963). The leaves are

palmately compound and arise from the

base on slender petioles 15 cm (6 in.)

long. Lithophragma maximum is

differentiated from other species of

Lithophragma by its trifoliolate

compound leaves (Munz 1968, Elvander

1993).

Lithophragma maximum was thought

to be extinct until it was rediscovered in

1979 in Bryce and Eagle Canyons by

Mitch Beauchamp and Howard

Ferguson (Bacigalupi 1979). The

number of plants on the island found in

Bryce Canyon has fluctuated from 5 to

15 plants since its rediscovery

(Bacigalupi 1979, Beauchamp 1987,

Mistretta 1992). Three of the 15 plants

originally discovered in Eagle Canyon

are believed to be extant at this time

(Kellogg and Kellogg 1994). Sixteen

additional plants were found in Near

Death Canyon in 1991. There are

currently only 11 known populations,

all from the southeastern part of the

island in deeply incised canyons.

Approximately 200 plants were located

during field surveys for this species in

the spring of 1996 (M. Elvin, Rancho

Santa Ana Botanic Garden, in litt. 1996;

J. Stone, Naval Air Station, North Island,

pers. comm. 1996). These plants were

generally found at or near previously

known sites.

Sibara filifolia was first collected by

E. L. Greene in 1886 and described as

Cardamine filifolia (Greene 1887a).

Greene (1887b) later transferred it to

Arabis filifolia. Greene (1896) proposed

the new genus Sibara to accommodate

this species. Sibara has been retained by

Munz and Keck (1959), Munz (1968,

1974), and Rollins (1993).

Sibara filifolia is a slender annual

herb in the mustard family

(Brassicaceae) that flowers in April

(Munz 1974). It is 13 to 38 cm (5 to 15

in.) tall. The flowers are pink to

purplish with spoon-shaped petals 3 to

6 mm (1/8 to 1/4 in.) in length. The

pinnately lobed leaves are 2.5 to 5 cm

(1 to 2 in.) long, with narrow linear

lobes. The fruit is a slender pod

(silique), 1.5 to 3 cm (3/5 to 1 in.) long,

that contains many wingless seeds.

Sibara filifolia is distinct from S.

virginica, which has narrowly winged

seeds, and from S. rosulata and S.

deserti, which have white petals. No

other species of Sibara occur on the

Channel Islands.

The type locality for Sibara filifolia is

Santa Cruz Island (Greene 1887a). It was

last seen on Santa Cruz Island in 1936

and was not relocated during the 1985

survey of the island. The species is

thought to have once been common as

well as wide ranging, because it was

collected on two distant islands, Santa

Catalina and Santa Cruz. Trask collected

S. filifolia in 1901 on Santa Catalina

Island where she reported it to be

common in two locations (Thorne

1967). A more recent (1973) collection

of S. filifolia from Santa Catalina Island

came to light in 1996. Although the

status of the population on Santa

Catalina is not precisely known, the

species has not been reported from there

since 1973. M. Hoefs (Wrigley Botanical

Garden, Catalina, pers. comm. 1996),

one of the original collectors, did not

relocate any specimens at the original

site during a search for Sibara filifolia

but noted that the habitat and associated

species appear to be in good condition.

Although Sibara filifolia has not been

observed on Santa Catalina Island for 24

years, its extirpation has not been

confirmed, and for that reason the

Service believes there is a possibility

that it still may be present there.

Sibara filifolia, originally known from

historical collections on Santa Cruz

Island and Santa Catalina Island, had

never been known to occur on San

Clemente Island until 1986 when two

plants were discovered near Pyramid

Head by Beauchamp (1987). Prior to this

discovery, the species was thought to be

extinct. The extent of its original range

on San Clemente Island is unknown.

Sibara filifolia presently exists on San

Clemente Island only on a sea terrace on

the southern part of the island, near

Pyramid Head. It grows on volcanic rock

scree (talus) in association with Opuntia

prolifera (cholla), Selaginella bigelovii

(spike-moss), and Lotus argophyllus var.

adsurgens (San Clemente Island birdsfoot trefoil) (Beauchamp 1987, Elvin, in

litt. 1996). This location conflicts with

records of historical localities indicating

that S. filifolia ‘‘* * * is to be sought in

shady places on the northward slope’’

on Santa Cruz Island (Greene 1887a).

There were fewer than 40 of these plants

located on San Clemente Island in the

1996 season (Elvin, in litt. 1996; Stone,

pers. comm. 1996). These plants were

found on a dry rocky saddle with thin

soil.

Previous Federal Action

Federal government action on all

three of the plant taxa considered in this

rule 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. This

report, designated as House Document

No. 94–51, and presented to Congress

on January 9, 1975, recommended

Cercocarpus traskiae for endangered

status, Sibara filifolia as threatened and

Lithophragma maximum as extinct. The

Service published a notice in the July 1,

1975, Federal Register (40 FR 27823), of

its acceptance of the report as a petition

within the context of section 4(c)(2) of

the Act (petition provisions are now

found in section 4(b)(3)(A)), and of the

Service’s intention to review the status

of the plant taxa named therein,

including C. traskiae, L. maximum and

S. filifolia. On June 16, 1976, the Service

published a proposal (41 FR 24523) to

list approximately 1,700 vascular plants

as endangered species pursuant to

section 4 of the Act. Cercocarpus

traskiae and Lithophragma maximum

were included in this Federal Register

notice. Because the list contained only

proposed endangered species, Sibara

filifolia was not included.

General comments received in

response to the 1976 proposal were

summarized in an April 26, 1978,

Federal Register notice (43 FR 17909).

A revision of the Smithsonian report

was published in April 1978 as a book:

Endangered and Threatened Plants of

the United States, Smithsonian

Institution and World Wildlife Fund,

Washington, DC Acknowledgment of

the Service’s acceptance of this

document as a petition was included in

a notice of findings on certain petitions

published in the Federal Register on

February 15, 1983 (48 FR 6752). This

document recommended endangered

status for Sibara filifolia, Cercocarpus

traskiae, and Lithophragma maxima

[sic]. Lithophragma maximum was

included, although it was considered

extinct, because of the possibility it

would be rediscovered. The 1978

amendments to the Endangered Species

Act amendments required all proposals
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42695

over two years old to be withdrawn,

although a one-year grace period was

given to those proposals already more

than two years old. In the December 10,

1979, Federal Register (44 FR 70796),

the Service published a notice of

withdrawal for that portion of the June

16, 1976, proposal that had not been

made final, along with four other

proposals that had expired.

The Service published a notice of

review for plants in the Federal Register

on December 15, 1980 (45 FR 82480).

This notice listed the status of

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia as

category 1 taxa. Category 1 taxa were

taxa for which the Service presently had

sufficient data in its possession to

support preparation of listing proposals.

Sibara filifolia was marked with an

asterisk indicating a possibly extinct

species. The status of the three species

remained unchanged until February 21,

1990, when the Service published in the

Federal Register a notice of review for

plant taxa (55 FR 6183) in which Sibara

filifolia was no longer considered

possibly extinct, following its

rediscovery on San Clemente Island.

The status of the three species remained

unchanged in a subsequent notice of

review published by the Service in the

Federal Register (58 FR 51143) on

September 30, 1993. In the notice of

review published by the Service on

February 28, 1996 (61 FR 7595),

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia were

listed as proposed endangered.

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

the Secretary to make 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 Cercocarpus traskiae and

Lithophragma maximum 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 proposals of higher

priority, pursuant to section

4(b)(3)(B)(iii), of the Act. Notification of

this finding was published in the

Federal Register 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

petition was reviewed in October of

1984, 1985, 1986, 1987, 1988, 1989,

1990, 1991, 1992, and 1993.

On July 25, 1995 (60 PR 37988), the

Service published a proposal to list

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia as

endangered species. Publication of the

proposed rule constituted the warranted

finding for these species. The Service

now determines Cercocarpus traskiae,

Lithophragma maximum, and Sibara

filifolia to be endangered species with

the publication of this rule.

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 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

and critical habitat designations

imposed on April 10, 1995 (Pub. L. 104–

6), and (2) the restoration of significant

funding for listing through passage of

the omnibus budget reconciliation law

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 prompt

processing of final rules containing

species facing threats of high

magnitude. All three taxa in this rule

face high magnitude threats.

Summary of Comments and

Recommendations

In the July 25, 1995, proposed rule (60

FR 37987) and associated notifications,

all interested parties were requested to

submit factual reports or information

that might contribute to the

development of a final rule. The

comment period closed on October 9,

1995. Appropriate State agencies,

county and city governments, Federal

agencies, scientific organizations, and

other interested parties were notified for

comment. Public notices announcing

the publication of the proposed rule

were published in the San Diego UnionTribune and The Outlook on August 10,

1995. The Service received one letter of

comment during the comment period.

No request for a public hearing was

received.

In accordance with interagency policy

published on July 1, 1994 (59 FR

34270), the Service also solicited the

expert opinions of three independent

specialists regarding pertinent scientific

or commercial data for taxa under

consideration for listing. The purpose of

such review is to ensure listing

decisions are based on scientifically

sound data, assumptions, and analyses,

including input of appropriate experts

and specialists. Lack of response to a

request for review is assumed to

constitute concurrence. No responses

were received from the three

independent specialists solicited.

The single letter of comment received

specifically addressed the two plant

taxa that occur on San Clemente Island.

The comments have been organized into

nine specific issues. The issues and the

Service’s responses are summarized as

follows.

Issue 1: The commenter stated that

Lithophragma maximum and Sibara

filifolia are protected on San Clemente

Island through limited access to their

habitat as well as through active

management.

Service Response: The factors

affecting these species were discussed

in the proposed rule (60 FR 37987).

These included, but are not restricted to,

loss of habitat from erosion induced or

exacerbated by herbivore damage, and

direct decline of the species from

herbivore damage. Other natural or

man-made factors were considered,

including specifically, the presence of

invasive exotic plant species, and fires

induced by military activities which

include bombing.

The Navy has removed the most

destructive herbivores, goats and pigs,

from San Clemente Island. No feral

goats were evident as of June 1992

(Kellogg and Kellogg 1994). This action

enhances the status of the native biota

in general. It also will greatly improve

the prospects for survival of

Lithophragma maximum, Sibara

filifolia, and other sensitive plants.

However, both species remain

threatened by human-caused fires,

bombing, and the spread of invasive

non-native plants. The remaining

population of Sibara filifolia, for

example, lies in close proximity to a

target area where ship-to-shore

bombardment occurs. Limited access to

the two species’ habitat will not

completely alleviate these threats. The

Service has not received any plans for

the active management of these species.

Issue 2: The commenter suggested

that Lithophragma maximum would

benefit from protection afforded the

endangered Castilleja grisea (San

Clemente Island paintbrush) and Lotus

dendroideus var. traskiae (Trask’s Island

lotus) because these species ‘‘* * * are

located in canyons with the San

Clemente Island woodland-star.’’ The

commenter also asserted that similar

protection was afforded Sibara filifolia

because ‘‘Rare taxa, including the cliff

spurge (Euphorbia misera), island

apple-blossom (Crossosoma californica),

and San Clemente Island silver hosackia

(Lotus Argophyllus adsurgens) were

observed nearby.’’

Service Response: According to

Kellogg and Kellogg (1994), Elvin (pers.

comm. 1996) and Stone (pers. comm.

1996), Lithophragma maximum
42696 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

occasionally occurs with Castilleja

grisea, but there is no consistent pattern.

Distribution maps show that patterns of

occurrence of Lithophragma maximum,

Castilleja grisea, and Lotus dendroideus

var. traskiae are not coincident over

significant portions of their ranges

(Kellogg and Kellogg 1994).

Although Sibara filifolia may

occasionally occur near habitats

occupied by rare plant taxa, none of

these other taxa are known to be

restricted to the same habitat as Sibara

filifolia. In addition, none of the rare

plant taxa mentioned are protected

pursuant to the Act and, therefore, do

not provide protection to other species

found in the same area.

Issue 3: The commenter noted that

there are nine historical sightings of

Lithophragma maximum, and

concluded that the Rare Plant Survey for

San Clemente Island, set for 1996,

would provide more definitive

information on the status of the taxa.

The commenter also noted that the

difficulties associated with access to L.

maximum locales and habitat may

compromise status and distribution

assessments of the species.

Service Response: This species

apparently is extant at 11 sites on San

Clemente Island (Stone, pers. comm.

1996). These sites include three newly

discovered sites (Elvin, pers. comm.

1996) and omit a previously reported

site of doubtful validity. Based on the

Rare Plant Survey and other information

available to the Service, the total

recorded range is about 4 km (2.5 mi)

along the east coast of San Clemente

Island, rather than the 7 mi cited by the

commenter. A purported historical

occurrence of Lithophragma maximum

at Lemon Tank, near the middle of the

island, stems from a confusion between

two collections cited by Raven (1963). A

collection of L. maximum made by

Murbarger in 1936 did not identify a

specific locality (Bacigalupi 1963), but

rather ‘‘ * * * a single canyon on the

East side [of the island].’’ Raven (1963)

also listed a collection made by Munz

at Lemon Tank under L. maximum

noting that the specimen, which Munz

called Heuchera in his field notes, was

lost. Elvin (pers. com. 1996) believes

that the habitat within Lemon Tank is

unsuitable for L. maximum. Therefore,

the evidence to support consideration of

Lemon Tank as a historical locality is

insufficient.

Recent field work focused, in part, on

Lithophragma maximum has resulted in

the identification of about 200

individuals on San Clemente Island.

Although, this estimate does not take

into account populations in those

canyons not surveyed in 1996, the

species is known to exist in low

numbers of individuals in a few

scattered localities. The Interim Report,

Sensitive Plant Status Survey by Junak

and Wilken (in litt. 1996) does not

provide any new information regarding

the condition of Lithophragma

maximum, its microhabitat preferences,

or biology. This species occupies grassy

benches in steep canyons, and its

habitat is subject to loss from increased

erosion from natural causes and loss of

vegetation cover from fires.

The number of known populations of

L. maximum is low (11) as is the total

number of individuals. Most plant

populations are genetically

differentiated from one another and

maintenance of this diversity is vital to

the survival of rare plants (Barrett and

Kohn 1991). Lithophragma maximum is,

therefore, likely to be quite susceptible

to genetic stresses (Barrett and Kohn

1991).

Issue 4: The comment was made that

two plants of Sibara filifolia were

discovered on San Clemente Island in

1986 and 50 to 350 plants were found

at the site in 1992.

Service Response: Staff of Rancho

Santa Ana Botanic Garden conducted

field surveys in the Guds region, at the

southeast end of the island, in 1996.

Sites of previously known populations

that had burned in 1995 were surveyed

(Stone, pers. comm. 1996). Although no

individuals were found at known,

previously occupied sites, fewer than 40

plants were found at a new, nearby site.

Because the plants were found in an

area with thin soil, their seeds may not

survive fire (Elvin, pers. comm. 1996).

As evidenced by the drastically lower

number of individuals from the 1992

estimates to the 1996 counts, this

species appears to be susceptible to

environmental events, such as fire.

Currently no estimate of the long-term

effects of small population size or

adverse environmental events exist for

plant species (Huenneke 1991). Further,

there is no evidence that the plants

observed were the result of the

germination of the entire seed bank from

the previous year. Nevertheless, given

the fire history and disturbance pattern

of the island and the small number and

location of extant plants, this species

remains in danger of extinction.

Issue 5: The commenter disagreed that

the abundance of exotic plants

adversely affects the native plant

species of the island and contributes to

their slow recovery. The commenter

pointed out that the Navy has

implemented a native bunchgrass

restoration program. This action has

resulted in a weed eradication

implementation plan. The annual grass,

Avena barbata (slender wild oat) was

mentioned as the eradication target.

Eradication of this species is to be

followed by reseeding with native

bunchgrasses.

Service Response: Exotic plants occur

in abundance on San Clemente Island.

Exotic species such as Amsinkia

intermedia, and Bromus diandrus occur

near Lithophragma maximum and may

compete with this plant for space or

resources, or may otherwise affect the

persistence of this species. Exotic

species are not abundant on the thin

rocky soils currently occupied by Sibara

filifolia, but do occur on other soil types

that historically may have supported

this species. Exotic species such as

Avena barbata could restrict the

expansion of the S. filifolia population,

as they occupy potential habitat for this

species.

While the Service is interested in

providing input to restoration efforts

that may benefit listed or sensitive

species, the Service has not received or

reviewed the Navy native bunchgrass

restoration program or weed eradication

implementation plan mentioned by the

commenter. Such programs may benefit

listed species, however the target weed

species, Avena barbata, does not occur

in the habitat types of Lithophragma

maximum or Sibara filifolia, and neither

species are bunchgrasses. Therefore, the

weed eradication and native bunchgrass

restoration described in the comment

letter are not expected to reduce threats

to L. maximum or S. filifolia.

Issue 6: The commenter noted that the

proposed rule states that Serviceproposed mitigation measures were not

adequately implemented. The

commenter argued that ‘‘[i]n most

instances Service comments result in

direct modification of projects and

implementation of appropriate

mitigation measures.’’ The commenter

further noted that a fire management

plan and a native bunchgrass restoration

program have been implemented.

Service Response: Most of the current

impacts to sensitive plant species on

San Clemente Island are related directly

or indirectly to current human

activities. Prior to 1996, the Navy

avoided sensitive habitats through an

internal site approval process, but did

not coordinate with the Service on some

programs and projects that had potential

effects on listed species. Military

activities associated with ongoing

training could have long lasting effects

on sensitive plant taxa on San Clemente

Island. The potential impacts of these

activities must be adequately assessed

and appropriate mitigation

incorporated.
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42697

Issue 7: The commenter contended

that fire, bombardment, and bulldozing

are minimal threats to Lithophragma

maximum given the fact that the species

grows in canyon bottoms. The

commenter concluded that bulldozer

use is precluded in canyon bottoms and

noted that the shore bombardment area

(SHOBA) is located on the opposite side

of the island. The commenter stated that

the same factors hold true for Sibara

filifolia, although no specific

information was provided. The

commenter further stated that the

Service had misrepresented the threat of

fire to the species because of the

location of the taxa and the low density

of potential fuels.

Service Response: As was discussed

previously under Issue 4, a 1995 fire

may have eliminated the populations of

Sibara filifolia known to be extant on

San Clemente Island prior to 1996.

Based on the history of this species,

even if all currently and previously

known populations are extant, the total

number of individuals present in 1997

would likely be no more than a few

hundred. Although the bombardment

target areas are on the other side of the

island from S. filifolia and L. maximum

populations, the area delineated as the

SHOBA includes the entire southern

end of the island. No bulldozing

activities currently take place or are

planned on the sea terraces near the

Sibara filifolia sites (Stone, pers. comm.

1996), therefore, bulldozing currently

remains a minimal threat to Sibara

filifolia. However, if bulldozing is

employed for access or fire suppression,

the effects of such an action could easily

eliminate the S. filifolia population.

Fires or bulldozing can also lead to

increased erosion above the steep

canyons and induce habitat loss for

Lithophragma maximum. Fires near the

upper ends of the canyons could also

destroy the dense shrub cover of Rhus

integrifolia (lemonade berry) and

Prunus ilicifolia ssp. lyonii (Catalina

cherry) which often provide cover for L.

maximum (G. Allan, in litt. 1996; Elvin,

in litt. 1996).

Issue 8: In response to the threat

posed by military-associated fires, the

commenter contended that the Navy is

actively implementing a fire

management plan and that fuel breaks

had been created around target sites in

the SHOBA. According to the

commenter, although the Fire

Management Plan (FMP) is still being

prepared it will prohibit military

training using pyrotechnics or live firing

during the fire season.

Service Response: The suppression

measures recently proposed by the Navy

should decrease the spread and severity

of wildfires at the southern end of San

Clemente Island. However, wildfires

and prescribed fires will continue to

pose a threat to Sibara filifolia, which

could be destroyed by fire, as evident

from the destructive 1995 fire. Fires

could also cause significant loss of

vegetative cover and result in increased

erosion in the canyon habitats of

Lithophragma maximum. The

development and implementation of a

fire management plan will be an integral

part of any strategy to protect L.

maximum, S. filifolia, and the other

sensitive biota on the island.

Although some of the vegetation on

the island is recovering well after

removal of the feral goats, their removal

may also allow for a general increase in

previously browsed exotic vegetative

cover and thus increase the severity of

any fire in the area. Sibara filifolia

apparently has not increased in

abundance since feral goat removal (O.

Mistretta, Rancho Santa Ana Botanic

Garden, in litt. 1996).

Issue 9: The commenter

recommended postponement of listing

or evaluation until the rare plant survey

is completed to provide more definitive

information on the status of

Lithophragma maximum and Sibara

filifolia on San Clemente Island.

Service Response: Following

publication of the proposed rule and

receipt of the commenter’s letter, Junak

and Wilken (in litt. 1996) conducted the

requested rare plant survey and

provided results and pertinent

discussion to the Service. Based on a

review of the interim rare plant survey

and other information available to the

Service, it is unlikely that finalization of

the document will provide significant

information indicating that

Lithophragma maximum and Sibara

filifolia are more widespread or less

vulnerable than previously believed.

Summary of Factors Affecting the

Species

After a thorough review and

consideration of all information

available, the Service has determined

that Cercocarpus traskiae,

Lithophragma maximum, and Sibara

filifolia should be classified as

endangered species. Procedures found

at section 4 of the Act (16 U.S.C. 1533)

and regulations (50 CFR part 424)

promulgated to implement the listing

provisions of the Act were followed. 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 Cercocarpus

traskiae Eastw. (Catalina Island

mountain-mahogany), Lithophragma

maximum Bacigal. (San Clemente Island

woodland-star), and Sibara filifolia

(Greene) Greene (Santa Cruz Island

rockcress) are as follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of Their Habitat or Range

In general, feral animals have caused

a loss of habitat for endemic species on

all the Channel Islands. Defoliation from

overgrazing caused increased erosion

resulting in loss of topsoil and the

formation of incised canyons (Kellogg

and Kellogg 1994). The loss of soil

organic matter, and reduction of soil

nutrient cycling and water-holding

capacity promoted the invasion of nonnative plants.

The decline of the native flora of

Santa Catalina Island began with the

proliferation of introduced herbivores.

Goats were introduced to the island as

early as 1827 (Thorne 1967). Goats are

known to consume coarse vegetation

such as shrubs and trees, including

Cercocarpus traskiae (Coblentz 1980).

Sheep ranching became important on

the island in the 1850’s (Minnich 1980).

Sheep eat herbaceous vegetation that

would have included Sibara filifolia.

Other non-native herbivores introduced

to Santa Catalina Island included pigs,

bison, and deer. Pigs uprooted seedlings

and soil in some canyons and may have

impacted both Sibara filifolia and

Cercocarpus traskiae (Thorne 1967).

Although the Santa Catalina Island

Company eliminated sheep grazing in

the 1950’s (Thorne 1967), the

population of feral goats and pigs

continued to increase. A goat and pig

management program has reduced the

number of feral herbivores, but the

threat to native species still remains

(Dave Garcelon, Institute For Wildlife,

Santa Catalina Island, pers. comm.

1994) (see Factor C). Pigs continue to

degrade the habitat of Cercocarpus

traskiae on Santa Catalina Island by

preventing surface litter from

accumulating. Surface litter holds

moisture and seeds on the steep slopes.

Pigs also create a network of bare trails

with compacted soils. The vegetation

loses its tiered, overlapping structure

because shrubs become isolated by

surrounding trails (Martin 1984). A

noticeable increase in seedlings of all

types have been observed since the

numbers of pigs and goats have declined

(Rieseberg and Swensen 1996).

San Clemente Island is currently used

as an artillery practice range and as a

ship-to-shore bombing area (Kellogg and

Kellogg 1994). Fires due to natural

events or as a result of military activities

can significantly decrease the plant

cover. This can lead to increased
42698 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

erosion, which is a serious, persistent

problem on the island (Kellogg and

Kellogg 1994). An indirect effect of fire

is the possible alteration of the climax

vegetation components and associated

habitat. The direct effects of fire on the

plant populations is discussed under

Factor E.

The decline of the flora on Santa Cruz

Island, including extirpated populations

of Sibara filifolia, is primarily due to

overgrazing by sheep and other nonnative herbivores. Sheep, cattle, and

horses were introduced to Santa Cruz

Island in 1853; pigs may have been

introduced at the same time

(Brumbaugh 1980). The population of

sheep has ranged from 20,000 to 50,000

or more (Brumbaugh 1980, Schuyler

1987). Cycles of defoliation and erosion

are evident in the stratigraphic studies

of deposits from debris slides and

correlate with the introduction of sheep

to the island and periods of drought

(Brumbaugh 1980). Most feral

herbivores have been removed, but pigs

remain and sheep currently remain on

the east end of the island (see Factor C).

B. Overutilization for Commercial,

Recreational, or Educational Purposes

Due to their extreme rarity on Santa

Catalina Island, Cercocarpus traskiae

and Sibara filifolia may become

vulnerable to collecting on the island as

a result of increased publicity following

the publication of a listing proposal and

final rule. The rarity of C. traskiae and

S. filifolia suggests that any

unauthorized collection or even

unintentional overutilization could

result in extinction or extirpation. The

focus of many evolutionary biologists on

the biology of islands (Rieseberg and

Swensen 1996) ensures that interest in

these insular species will continue,

necessitating careful control over access

to known or potential localities on the

islands of Santa Catalina and Santa

Cruz. Overutilization is not known to be

applicable for Lithophragma maximum

and Sibara filifolia on San Clemente

Island, where public access is restricted

by the Navy.

C. Disease or Predation

Feral herbivores continue to threaten

the survival of Cercocarpus traskiae

(and, probably, Sibara filifolia) on Santa

Catalina Island and threaten the

possible reappearance of Sibara filifolia

on Santa Cruz Island. Non-native mule

deer and goats likely consume endemic

plants including Cercocarpus traskiae.

Severe browsing may kill plants directly

and prevent successful reproduction by

surviving individuals (Thorne 1967).

The decline of Cercocarpus traskiae is

primarily due to grazing by feral goats

and pigs. Pigs are limiting the recovery

of C. traskiae because they uproot new

seedlings while searching for food.

Previously these animals nearly drove

this taxon to extinction (Rieseberg et al.

1989). Fencing was installed around two

individuals in the late 1970s (Rieseberg

1991). In 1985, this fencing was

improved and enlarged to exclude pigs,

and perimeter fencing was added to

limit access by other non-native animals

(Rieseberg 1991). As a result, seedling

counts increased from 1 in 1984 to 70

seedlings in 1988 (Rieseberg 1991). In

1994, however, a total of only 54

seedlings was found. Most of the C.

traskiae trees do not have individual

pig-proof fencing around them and the

perimeter fencing does not exclude pigs.

Approximately 2,000 pigs remained on

Santa Catalina Island at the time of

publication of the proposed rule. It

appears that the SCIC pig removal

program has waned since 1994; the

current estimate of the numbers of pigs

on Santa Catalina Island is 2,000 to

3,000 animals (Garcelon, pers. comm.

1996).

Although managers for the SCIC have

removed more than 8,000 goats from the

island, 300 to 400 goats remained on the

island at the time of publication of the

proposed rule in 1994. Due, in part, to

decreased management since 1994, the

current estimate of the goat population

on Santa Catalina Island is up to 1,000

to 1,500 animals (Garcelon, pers. comm.

1996). Similarly, populations of

introduced mule deer are increasing,

currently estimated at 500 to 700

animals. Although reduced predation by

goats resulted in successful basal

sprouting of Cercocarpus traskiae, a

continued increase in goat and deer

populations would likely reverse this

trend. Perimeter fencing along Wild

Boar Gully limits the access of deer and

goats to Cercocarpus traskiae, but it

does not entirely exclude them.

Sibara filifolia may have been

extirpated from Santa Cruz Island by

overgrazing. Although some areas have

been fenced, sheep and pigs continue to

re-invade these areas and their numbers

appear to be increasing. Although

Sibara filifolia could be rediscovered on

Santa Cruz Island, grazing by non-native

animals may prevent its reestablishment or proliferation.

D. The Inadequacy of Existing

Regulatory Mechanisms

Existing regulatory mechanisms that

could provide some protection for

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia include:

(1) Listing under the California

Endangered Species Act (CESA); (2) the

California Environmental Quality Act

(CEQA) and the National Environmental

Policy Act (NEPA); (3) the Act in those

cases where these taxa occur in habitat

occupied by other listed species; and (4)

local laws and regulations.

State and Local Laws, Regulations,

and Ordinances: The California Fish

and Game Commission has listed

Cercocarpus traskiae and Lithophragma

maximum as endangered under the

Native Plant Protection Act (NPPA)

(Division 2, chapter 10, section 1900 et

seq. of the California Fish and Game

(CFG) Code) and the CESA (Division 3,

chapter 1.5, section 2050 et seq.).

Although NPPA and CESA prohibit the

‘‘take’’ of State-listed plants (chapter 10,

section 1908 and chapter 1.5, section

2080, CFG Code), these existing statutes

appear to be inadequate to protect

against the taking of such plants via

habitat modification or land use change

by the landowner. After the CDFG

notifies a landowner that a State-listed

plant grows on his or her property, the

CFG Code requires only that the

landowner notify the agency ‘‘at least 10

days in advance of changing the land

use to allow salvage of such plant’’

(chapter 10 section 1913). Sibara

filifolia is not State-listed and has no

protection under these laws.

The CEQA (California Public

Resources Code, section 21000 et seq.)

requires that the potential

environmental impacts of proposed

projects be disclosed to the public. The

public agency with primary authority or

jurisdiction over the project is

designated as the lead agency, and is

responsible for conducting a review of

the project and consulting with the

other agencies concerned with the

resources affected by the project.

Section 15065 of the CEQA Guidelines

requires a finding of significance if a

project has the potential to ‘‘reduce the

number or restrict the range of a rare or

endangered plant or animal.’’ Once

significant impacts are identified, the

lead agency may either require

mitigation or determine that ‘‘overriding

social and economic considerations’’

make mitigation infeasible (California

Public Resources Code, Guidelines,

section 15093). In the latter case,

projects may be approved that cause

significant environmental damage, such

as destruction of endangered plant

species or their habitat. Small projects

on private lands, such as road building

or fence installation, often qualify for

exemption under CEQA as categorically

exempt activities. Also, ‘‘negative

declarations’’ can allow a State agency

to overlook the existence of listed plants

at project sites.

The majority of the occurrences of

these species are on Federal land and
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42699

are not subject to CEQA. Cercocarpus

traskiae and the Santa Catalina Island

occurrence of Sibara filifolia are on

private land owned by the SCIC and

subject to the provisions of CEQA.

Regardless, the Service does not

anticipate future project proposals that

may adversely affect listed species

because SCIC lands are dedicated for

conservation purposes. However, the

current threats posed by the naturally

expanding feral goat, pig, and mule deer

populations on Santa Catalina Island

would not be addressed by CEQA

review.

Federal Laws and Regulations:

Candidate or other sensitive species

may be afforded protection if they exist

with species already listed as threatened

or endangered under the Act. However,

the ‘‘Recovery Plan for the Endangered

and Threatened Species of the

California Channel Islands’ (Service

1984) was prepared prior to the

rediscovery of Sibara filifolia on San

Clemente Island. The plan also did not

include specific measures designed to

protect Lithophragma maximum.

Although Castilleja grisea, a listed

species, occasionally occurs with

Lithophragma maximum, this situation

is not consistent or widespread (Stone,

pers. comm. 1996). The locations of the

extant populations of the three species

which are the subject of this rule do not

consistently coincide with those of

other federally listed plant or animal

species on the islands (Kellogg and

Kellogg 1994; Elvin, pers. comm. 1996).

Therefore, Federal protection under the

Act does not currently extend to these

three species. Although the Navy has

removed herbivores that were adversely

affecting some of the listed taxa from

San Clemente Island, natural threats and

direct and secondary impacts from

activities such as fires, bombing, and

bulldozing continue (Kellogg and

Kellogg 1994; Mistretta, pers. comm.

1996; Elvin, in litt. 1996).

The Service acknowledges the efforts

of the Navy to reduce the likelihood and

spread of wildfires on San Clemente

Island. The primary target area at China

Canyon will be defoliated to reduce fuel

loads on-site to prevent the spread of

fire into San Clemente Island loggerhead

shrike (Lanius ludovicianus mearnsi)

habitat. No incendiary devices will be

used at this site during the period of the

fire season that overlaps with the

breeding season of the shrike. In

addition, a firebreak will be created

upslope from the defoliated target area.

The secondary target area at Pyramid

Cove is used infrequently, but the Navy

will also defoliate a portion of this area.

Only those defoliated areas will be used

during the fire season. These measures,

when fully implemented, will reduce

the chance of wildfires. However, the

number of plants of Sibara filifolia and

Lithophragma maximum are so low that

fire remains a threat to their persistence

and recovery. An existing agreement

between the U.S. Forest Service and the

Navy to provide mutual support to

suppress wildfires will add a level of

protection beyond existing conditions.

The Forest Service will provide aerial

resources for fire fighting; however, the

difficulties associated with getting

firefighting equipment to island

locations and the possible occurrence of

concurrent fires on the mainland,

especially during fire season, may limit

the benefits of this agreement. Details of

the San Clemente Island fire

management plan, as they pertain to

Sibara filifolia and Lithophragma

maximum remain unresolved.

Like CEQA, NEPA requires disclosure

of the environmental effects of projects

under Federal jurisdiction. Sibara

filifolia and Lithophragma maximum

are found on San Clemente Island,

which is federally owned. However,

under NEPA, the Service’s comments

are only advisory. Project proponents

are not required to necessarily avoid,

minimize, or mitigate impacts to these

species under NEPA.

E. Other Natural or Manmade Factors

Affecting Their Continued Existence

As a consequence of habitat

degradation on the islands, the

proportion of invasive exotic plant

species to native and endemic species

has increased. On San Clemente Island,

98 species of alien plants are currently

known (Kellogg and Kellogg 1994). Of

these alien plants, ten were noted in

1886 (Lyon 1886), 66 in 1963 (Raven

1963), and 81 in 1985 (Wallace 1985).

The abundance of exotic plants

continues to adversely affect the

endemic plant species of the island and

contributes to their slow recovery from

previous predation by feral animals

(Kellogg and Kellogg 1994; Mistretta, in

litt. 1996). The disparity between the

reported historical occurrences of

Sibara filifolia on shady north-facing

slopes and the current presence of the

species on grass-free, south-facing

slopes, suggests that alien grasses may

prevent the expansion of S. filifolia into

otherwise suitable habitat (Greene

1887a, Kellogg and Kellogg 1994).

Lithophragma maximum is thought to

have existed on the plateau area of San

Clemente Island before the introduction

of non-native grasses (Kellogg and

Kellogg 1994). The remaining habitat of

L. maximum persists only within steep

canyons. Erosion threatens not only the

individual plants but the entire habitat

that supports them. During the winter of

1979–1980, large portions of canyon

walls were observed to have sloughed

taking large numbers of endemic plants

with them. (Beauchamp and Ferguson

1980).

Fires, some apparently related to

military activities, and erosion have

contributed to the decline of

Lithophragma maximum, Sibara

filifolia, and other native species

endemic to San Clemente Island and

continue to threaten their existence

(Kellogg and Kellogg 1994; Elvin, in litt.

1996; Mistretta, in litt. 1996). The

natural fire frequency of San Clemente

Island is not known and fire is not

definitely known to be the primary

mechanism of natural disturbance on

the island (Kellogg and Kellogg 1994).

Keeley (1982) found that the natural

occurrence of fire increased with

elevation and distance away from the

coast (further inland); two factors that

would point away from natural fire

being a common occurrence on islands.

Considerable fire damage apparently

destroyed the known population of

Sibara filifolia on San Clemente Island

in 1995 (Stone, pers. comm. 1996;

Mistretta, in litt. 1996). Chance fires

could drastically reduce or eliminate all

of the remaining individuals of the

species and destroy the seed bank as

well, preventing reestablishment of the

last confirmed extant population (Elvin,

in litt. 1996).

Fire destroys vegetative cover to

varying degrees, which can lead to

secondary effects such as increased soil

instability and erosion. Degraded plant

communities can result in excessive

erosion (Kellogg and Kellogg 1994),

particularly for areas near canyons

where changes in hydrologic patterns

may result from enlarged bare areas

above canyon walls. Increased runoff

can lead to slope failure and slumping

of material into canyon bottoms. As

stated above, erosion of steep canyons

on San Clemente Island threatens

Lithophragma maximum and may be

exacerbated by fire in the surrounding

areas.

On Santa Catalina Island, Cercocarpus

traskiae would likely suffer high

mortality from fire. Members of the

genus Cercocarpus are long-lived, a trait

typical of shrubs in low fire frequency

areas (Minnich 1980). The effects of a

severe fire on this species would be

significant because so few mature

individuals remain and the species is

not known to be a stump-sprouter

following fire events. On Santa Catalina

Island, grazing by feral herbivores

would inhibit the establishment of any

new shoots which sprout following fire

(Minnich 1980).
42700 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

Cercocarpus traskiae is threatened by

hybridization with the locally common

C. betuloides var. blancheae. Because

only six mature individuals of C.

traskiae are known to exist, genetic

swamping of the species would be the

probable outcome of hybridization. The

uniqueness of the species would be

compromised or lost due to the influx

of genetic variability from the larger

population. Rieseberg et al. (1989) have

recommended elimination of mature

hybrids as a means of preserving the

species.

The Service has carefully assessed the

best scientific and commercial

information available regarding the past,

present, and future threats faced by

these three plant species in determining

to issue this final rule. Based on this

evaluation, the preferred action is to list

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia as

endangered. Cercocarpus traskiae and

Sibara filifolia are known from no more

than two populations and fewer than 40

individuals. Lithophragma maximum

has a dissected distribution pattern of

about 200 known individuals from 11

populations. All three species are

imperiled due to degradation of habitat,

fire, predation by feral animals,

competition with exotic plant species,

erosion, and hybridization. Cercocarpus

traskiae, Lithophragma maximum, and

Sibara filifolia are in danger of

extinction throughout all or a significant

portion of their ranges, and therefore

meet the Act’s definition of endangered.

Critical habitat is not being proposed for

these species at this time for reasons

discussed below.

Critical Habitat

Critical habitat is defined in section 3

of the Act as: (i) The specific areas

within the geographical area occupied

by a species, at the time it is listed in

accordance with the Act, on which are

found those physical or biological

features (I) essential to the conservation

of the species and (II) that may require

special management considerations or

protection; and (ii) specific areas

outside the geographical area occupied

by a species at the time it is listed, upon

a determination that such areas are

essential for the conservation of the

species. ‘‘Conservation’’ means the use

of all methods and procedures needed

to bring the species to the point at

which listing under the Act is no longer

necessary.

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

amended, and implementing regulations

(50 CFR 424.12) require that, to the

maximum extent prudent and

determinable, the Secretary designate

critical habitat at the time a species is

determined to be endangered or

threatened. The Service finds that

designation of critical habitat for

Cercocarpus traskiae, Lithophragma

maximum, and Sibara filifolia is not

prudent 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.

As discussed under Factor B,

Cercocarpus traskiae and Sibara filifolia

on Santa Catalina Island may become

threatened by over-collecting, an

activity difficult to regulate. ‘‘Taking’’ is

only regulated by the Act with respect

to plants in cases of (1) removal and

reduction to possession of federally

listed plants from lands under Federal

jurisdiction, or their malicious damage

or destruction on such lands; and (2)

removal, cutting, digging-up, damaging,

or destroying of federally listed plants

on non-federal lands in knowing

violation of any State law or regulation,

including State criminal trespass law.

All known populations of C. traskiae are

on privately owned lands with little or

no Federal involvement. The SCIC, the

landowner, is aware of the presence of

C. traskiae, supports the proposal to list

the species, and is currently working to

protect the population. In addition, the

publication of precise maps and

descriptions of critical habitat in the

Federal Register, would make the few

remaining plants more vulnerable to

incidents of vandalism or collection and

could contribute to the decline of the

species. Therefore, the designation of

critical habitat for C. traskiae (and S.

filifolia, should its presence on Santa

Catalina Island be confirmed) could

contribute to the decline of the species.

The Service also determines that

designation of critical habitat is not

prudent for Sibara filifolia or

Lithophragma maximum. Critical

habitat designation provides protection

only on Federal lands or on private

lands when there is Federal

involvement through authorization or

funding of, or participation in, a project

or activity. Extant populations of Sibara

filifolia and Lithophragma maximum

occur on Federal lands on San Clemente

Island (except, as noted above, for the

occurrence of Sibara filifolia on Santa

Catalina Island) and are managed by the

Navy. These populations are subject to

section 7 consultation and recovery

planning under the Act. Section 7(a)(2)

of the Act requires Federal agencies, in

consultation with the Service, to ensure

that any action authorized, funded, or

carried out by such agency, does not

jeopardize the continued existence of a

federally listed species, or does not

destroy or adversely modify designated

critical habitat. For those species that

occur wholly or primarily on Federal

lands or in areas subject to Federal

regulation, and that exist in small

numbers and/or have a limited

geographic distribution, any action that

would potentially have a significant

impact to the species may result in a

‘‘jeopardy’’ biological opinion in a

section 7 consultation. Due to the

limited, insular ranges of Sibara filifolia

and Lithophragma maximum and their

small population sizes, determinations

for ‘‘jeopardy’’ and ‘‘adverse

modification’’ likely would involve

similar scopes and analyses. The Navy

has begun meeting with the Service to

discuss management of listed and other

sensitive species on San Clemente

Island, including Lithophragma

maximum and Sibara filifolia

populations. Protection of their habitat

will be addressed through the

consultation and recovery processes.

Therefore, designation of critical habitat

would provide no additional benefits

beyond those that these taxa would

receive by virtue of their listing as

endangered species. All other Federal

and State agencies involved have been

notified of the location and importance

of protecting habitat of these two taxa.

Therefore, due to the increased risk of

vandalism or collection, and the lack of

benefit to the species, the Service finds

that designation of critical habitat is not

prudent at this time for Cercocarpus

traskiae, Sibara filifolia, and

Lithophragma maximum.

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 activities.

Recognition through listing encourages

public awareness and results in

conservation actions by Federal, State,

and local agencies, private

organizations, and individuals. The Act

provides for possible land acquisition

from willing sellers 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
Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations 42701

their actions with respect to any species

that is proposed or listed as endangered

or threatened and with respect to its

critical habitat, if any is being

designated. Regulations implementing

this interagency cooperation provision

of the Act are codified at 50 CFR part

402. Section 7(a)(4) requires Federal

agencies to confer with the Service on

any action that is likely to jeopardize

the continued existence of a species

proposed for listing or result in

destruction or adverse modification of

proposed critical habitat. If a species is

subsequently listed, 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 the species or

destroy or adversely modify its critical

habitat. If a Federal action may affect a

listed species or its critical habitat, the

responsible Federal agency must enter

into consultation with the Service.

The U.S. Army Corps of Engineers

may have jurisdiction under section 404

of the Clean Water Act for some habitats

that support these plants. Nationwide

permits (61 FR 65784) are not valid

where a federally listed endangered or

threatened species would be directly or

indirectly affected by the proposed

project. When a proposed project may

affect a listed species, consultation is

required pursuant to section 7 of the Act

prior to the authorization of any permit.

In addition, the Navy owns San

Clemente Island and administers lands

containing Sibara filifolia and

Lithophragma maximum and

authorizes, funds, or otherwise conducts

activities that may affect these species;

these actions also are subject to review

by the Service under section 7 of the

Act.

The Act and its implementing

regulations set forth a series of general

prohibitions and exceptions that apply

to all endangered plants. All

prohibitions of section 9(a)(2) of the Act,

implemented by 50 CFR 17.61 for

endangered 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, damaging,

or destroying of such plants in knowing

violation of any State law or regulation,

including State criminal trespass law.

Certain exceptions to the prohibitions

apply to agents of the Service and State

conservation agencies.

The Act and 50 CFR 17.62 and 17.63

also provide for the issuance of permits

to carry out otherwise prohibited

activities involving endangered plants

under certain circumstances. Such

permits are available for scientific

purposes and to enhance the

propagation or survival of the species. It

is anticipated that few trade permits

would ever be sought or issued for these

species since they are not in cultivation

or common in the wild.

It is the policy of the Service,

published on July 1, 1994 (59 FR

34272), to identify to the maximum

extent practicable at the time a species

is listed those activities that would or

would not constitute a violation of

section 9 of the Act. The intent of this

policy is to increase public awareness of

the effect of this listing on proposed and

ongoing activities within the species’

range. Sibara filifolia and Lithophragma

maximum are known to occur on lands

under the jurisdiction of the Navy. In

general, the collection, damage, or

destruction of listed species on these

lands is prohibited, except as authorized

under section 7 or section 10(a)(1)(A) of

the Act. Such activities on non-Federal

lands, as would be the case for

Cercocarpus traskiae, and Santa

Catalina Island specimens of Sibara

filifolia, would constitute a violation of

section 9, if activities were conducted in

knowing violation of State law or

regulations or in violation of State

criminal trespass law. The Service is not

aware of any otherwise lawful activities

currently being conducted or proposed

by the public that would be affected by

this listing and result in a potential

violation of section 9.

Questions whether specific activities

would constitute a violation of section

9 should be directed to the Field

Supervisor of the Service’s Carlsbad

Field Office (see ADDRESSES section).

Requests for copies of the regulations

concerning listed plants (50 CFR 17.61

and 17.71) and general inquiries

regarding prohibitions and permits may

be addressed to the U.S. Fish and

Wildlife Service, Ecological Services,

Endangered Species Permits, 911 N.E.

11th Avenue, Portland, Oregon 97232–

4181 (telephone 503/231–6241;

facsimile 503/231–6243).

National Environmental Policy Act

The Fish and Wildlife Service has

determined that Environmental

Assessments or 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 U.S. Fish and Wildlife Service,

Carlsbad Field Office (see ADDRESSES

section).

Author: The primary author of this

document is Dr. Gary D. Wallace,

Carlsbad Field Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of

chapter I, title 50 of the Code of Federal

Regulations, is amended 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:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *
42702 Federal Register / Vol. 62, No. 153 / Friday, August 8, 1997 / Rules and Regulations

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

FLOWERING PLANTS

* * * * * * *

Cercocarpus traskiae Catalina Island

mountain-mahogany.

U.S.A. (CA) ............. Rosaceae ................ E 624 NA NA

* * * * * * *

Lithophragma maximum.San Clemente Island woodlandstar.U.S.A. (CA) ............. Saxifragaceae ......... E 624 NA NA

* * * * * * *

Sibara filifolia ........... Santa Cruz Island

rockcress.

U.S.A. (CA) ............. Brassicaceae .......... E 624 NA NA

* * * * * * *

Dated: July 21, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–20879 Filed 8–7–97; 8:45 am]

BILLING CODE 4310–55–P