[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Rules and Regulations]
[Pages 4172-4183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2059]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88


Endangered and Threatened Wildlife and Plants; Determination of 
Endangered Status for Two Plants and Threatened Status for Four Plants 
From Southern California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status for Astragalus brauntonii (Braunton's milk-vetch) and 
Pentachaeta lyonii (Lyon's pentachaeta) and threatened status for 
Dudleya abramsii ssp. parva (Conejo dudleya), Dudleya cymosa ssp. 
marcescens (marcescent dudleya), Dudleya cymosa ssp. ovatifolia (Santa 
Monica Mountains dudleya), and Dudleya verityi (Verity's dudleya). 
These taxa occur in grassland, chaparral, or coastal sage scrub 
habitats in the mountains surrounding the Los Angeles basin, 
California. The six plants are threatened by one or more of the 
following--urban development, recreational activities, alteration of 
fire cycles and fire suppression activities, overcollecting, habitat 
fragmentation and degradation, and competition from invasive weeds. 
Several of the plants are also threatened by naturally occurring events 
by virtue of their small numbers and population sizes. This rule 
implements the protection and recovery provisions provided by the 
Endangered Species Act (Act) for these plants.

EFFECTIVE DATE: February 28, 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: Carl Benz, Assistant Field Supervisor, 
Ventura Field Office (see ADDRESSES section) (telephone: 805/644-1766; 
facsimile: 805/644-3458).

SUPPLEMENTARY INFORMATION:

Background

    Astragalus brauntonii (Braunton's milk-vetch), Pentachaeta lyonii 
(Lyon's pentachaeta), Dudleya abramsii ssp. parva (Conejo dudleya), 
Dudleya cymosa ssp. marcescens (marcescent dudleya), Dudleya cymosa 
ssp. ovatifolia (Santa Monica Mountains dudleya), and Dudleya verityi 
(Verity's dudleya) are located around the Los Angeles basin, 
California. The lowland plains are bounded by mountains and hills that 
expose Mesozoic or older basement rocks and sedimentary and igneous 
rocks of late Cretaceous to late Pleistocene age. The southern portion 
of the Transverse Ranges forms the northern and western boundary of the 
basin and includes the San Gabriel Mountains, the Santa Monica 
Mountains, and the Simi Hills. The Santa Ana Mountains at the northern 
end of the Peninsular Ranges border the southern region of the basin.
    Strong substrate preferences are exhibited by all of the taxa 
included in this rule. Populations of Astragalus brauntonii are only 
known to occur on small limestone outcrops. Pentachaeta lyonii is found 
on clay soils in ecotonal areas between grasslands and shrublands. All 
of the dudleyas occur on volcanic or sandstone rock outcrops with 
specific microhabitat characteristics. Dudleya verityi and Dudleya 
abramsii ssp. parva occur exclusively on the outcrops and soils derived 
from the Miocene Conejo volcanics at the western end of the Simi Hills 
and the Santa Monica Mountains. Dudleya cymosa ssp. marcescens occupies 
the lower slopes of volcanic cliffs in canyons that have perennial 
moisture. Dudleya cymosa ssp. ovatifolia is found on rock outcrops with 
forms specific to sedimentary conglomerate or volcanic breccia (Nakai 
1987, Natural Diversity Data Base (NDDB) 1994).
    Most of the major habitat types in which these rare plants occur 
are considered sensitive by the botanical community in California. 
Large scale loss of habitat, fragmentation, and alteration of natural 
ecosystem processes have resulted from development, fire suppression 
activities, cattle grazing, and vegetation type conversion by 
agricultural practices (Schoenherr 1989). Astragalus brauntonii is 
associated with the fire-dependent chaparral habitat dominated by 
Adenostoma fasciculatum (chamise), Yucca whipplei (yucca), and the rare 
Cupressus forbesii (Tecate cypress). Dudleya abramsii ssp. parva 
commonly occurs in a cactus-dominated coastal sage scrub, which 
provides nesting habitat for the rare Bell's sage sparrow (Amphispiza 
belli belli) and rufous-crowned sparrow (Amophila ruficeps). Most of 
the coastal sage scrub where Dudleya verityi occurs is dominated by 
Artemisia californica (coastal sagebrush), Eriogonum fasciculatum (wild 
buckwheat), Salvia leucophylla (purple sage), and occasionally 
Coreopsis gigantea (giant coreopsis). Dudleya verityi is associated 
with the rare Eriogonum crocatum (Conejo buckwheat) and Dudleya 
blochmaniae ssp. blochmaniae (Blochman's dudleya). A unique lichen 
flora of over 70 species is associated with Dudleya verityi and coastal 
sage scrub habitat on Conejo Mountain (Riefner 1992). The grassland 
habitat in which Pentachaeta lyonii occurs is largely dominated by 
introduced old world grass and herb genera such as Avena, Brassica, 
Bromus, Centaurea, and Erodium. Several native plant species are 
present in these grasslands, including the bunch grass Nassella 
pulchra.

Discussion of the Six Plant Taxa

    Astragalus brauntonii was first collected in 1901 by Ernest 
Braunton near Sherman (now called West Hollywood), Los Angeles County. 
Samuel B. Parish described it two years later as Astragalus brauntonii. 
In 1929, Per Axel Rydberg published the name Brachyphragma brauntonii 
in his revision of the genus; however, this name was not recognized by 
most botanists. Rupert Barneby recognized the name Astragalus 
brauntonii in his Atlas of North American Astragalus (Barneby 1964). 
Astragalus brauntonii is included in the current edition of The Jepson 
Manual (Spellenberg 1993).
    Astragalus brauntonii is a robust, short-lived perennial in the pea 
family (Fabaceae). It is one of the tallest members of the genus, 
reaching a height of 15 decimeters (dm) (60 inches (in.)) and is 
covered with woolly hairs. A thick taproot and woody basal stem gives 
rise to several to many stems. The 4 to 16 centimeter (cm) (1.5 to 6.5 
in.) long leaves are pinnately compound with 25 to 33 oblong-ovate, 
abruptly pointed leaflets. The light purple flowers are clustered in 
35- to 60-flowered racemes 4 to 14 cm (1.5 to 5.5 in.) long. The 
beaked, slightly curved pods are oblong-ovoid and 6.5 to 9 millimeters 
(mm) (2.5 to 3.5 in.) long. Astragalus brauntonii is readily 
distinguished from the only other perennial species of Astragalus in 
the

[[Page 4173]]

area, A. trichopodus, by being woolly as opposed to strigose (covered 
with sharp, stiff-appressed hairs) or glabrous (without hairs), and by 
having two-chambered rather than one-chambered pods (Barneby 1964).
    Astragalus brauntonii is considered a limestone endemic; the only 
populations not found on limestone are on down-wash sites (seed drift 
following a fire event), an occurrence along the edge of a fire road in 
Monrovia, and at a location in Chino Hills (Sampson 1985) where the 
substrate type is unknown. Surveys for A. brauntonii during post-fire 
floristic inventories within its known distribution on substrates other 
than limestone have, to date, failed to indicate its presence on non-
limestone soils. The potential occurrence of A. brauntonii on non-
limestone soils should not be discounted; however, it is quite 
conspicuous and would be easily detected. Limestone outcrops are 
extremely rare within the limits of the known distribution of A. 
brauntonii.
    Fire is a natural requirement for the survival of this species. The 
natural frequency of fire in the habitat of Astragalus brauntonii is 
unknown, but estimates range between 20 to over 100 years with an 
average of 70-year intervals (Minnich 1989, O'Leary 1990). Higher fire 
frequencies have resulted from increasing human populations in southern 
California, mostly in the form of arson-caused fires. This species has 
a life span of 2 to 3 years, and depending on fire interval, a given 
population is visible only once in 20 to 50 or more years.
    Astragalus brauntonii is currently known from four general areas in 
Ventura, Los Angeles, and Orange counties. One population is found 
along the south slope of the Simi Hills of eastern Ventura and western 
Los Angeles counties. Two occurrences (one population) are known from 
Santa Ynez Canyon in the Santa Monica Mountains, Los Angeles County, 
which probably represents the type locality from above Sherman (now 
West Hollywood). Two occurrences (one population) are known from Coal 
and Gypsum Canyons in the Santa Ana Mountains, Orange County (NDDB 
1994). Eight individuals were reported during the preparation of the 
Cloverleaf Canyon Specific Plan for the area in 1983 (J. Bitterly, 
biologist, Planning Consortium, in litt., 1992) near where historical 
collections were made south of Clamshell Canyon, north of Monrovia in 
Los Angeles County.
    Because reproduction of Astragalus brauntonii is stimulated by fire 
events, the total number of individuals varies with current fire 
cycles. The largest known population ever recorded was approximately 
400 individuals (Orange County) in 1985 following a fire in 1982. No 
plants remain there today. Nearby habitat for A. brauntonii in the 
Cleveland National Forest was surveyed by endangered plant specialists 
from the Rancho Santa Ana Botanic Garden, but no plants were found 
(Mistretta 1992). The remaining populations contain no more than 
approximately 20 to 30 individuals and the current total number of 
individuals is estimated to be fewer than 100. The seed bank for A. 
brauntonii may have the capability of generating approximately 1,000 
individuals in 4 highly subdivided populations.
    Most of the habitat of Astragalus brauntonii is on private land in 
areas with expanding development. Four public agencies, the California 
Department of Parks and Recreation (DPR), the Conejo Open Space 
Conservation Agency (COSCA), the Rancho Simi Parks and Recreation 
District, and the National Park Service (NPS), have small colonies 
within their jurisdictions that may not be viable. All of the protected 
habitat occurs in the immediate vicinity of urban development. 
Astragalus brauntonii is threatened by direct loss from urban 
development, fragmentation of habitat and reduced capabilities for 
sustained ecologic processes, fragmented ownership of single 
populations resulting in different landscape treatments, alteration in 
fire cycles, and extinction from naturally occurring events due to 
small population sizes and low numbers of individuals (Mistretta 1992, 
NDDB 1994).
    The name Pentachaeta lyonii (Lyon's pentachaeta) was first 
published by Asa Gray in 1886 (Van Horn 1973) based on a plant 
collected by William Lyon ``near Palos Verdes Mountain'' in Los Angeles 
County. David Keck (1958) renamed the plant Chaetopappa lyonii, which 
was subsequently recognized by Munz (1959). Pentachaeta is recognized 
as the accepted genus name based on a monograph on the taxonomic status 
of Pentachaeta and Chaetopappa, in which comparisons of morphology, 
anatomy, and breeding systems demonstrated that the two genera are not 
closely related (Van Horn 1973).
    Pentachaeta lyonii is a 6 to 48 cm (2.4 to 18.9 in.) tall annual in 
the aster family (Asteraceae) with yellow flowers that bloom in late 
spring (April to June). It is distinguished from other members of the 
genus by its hairy phyllaries, larger numbers of pappus bristles, and 
its reddish branches originating from the upper portion of the plant. 
The corollas of the ray flowers are typically curled and the leaves are 
narrowly linear with ciliate margins (Van Horn 1973). There are no 
other members of the genus in the region.
    Pentachaeta lyonii occupies pocket grassland sites that intergrade 
with shrublands, and the edges of roads and trails. Species typically 
associated with P. lyonii include Chorizanthe staticoides (turkish 
rugging), Calochortus catalinae (Catalina mariposa lily), Nassella 
pulchra (purple needle-grass), and annual members of the phlox family 
(Polemoniaceae) (Thomas and Danielsen 1984). Habitat of P. lyonii is 
characterized by a low percentage of total plant cover and exposed 
soils with a microbiotic crust (Belnap 1990), partially assisting in 
reducing competition with other species. Rodents (Perognathus spp. and 
Peromyscus spp.) and harvester ant colonies (Pogonomyrex spp.) also 
control the density of associated vegetation (Thomas and Wishner 1988).
    There are very few collections of Pentachaeta lyonii; the majority 
were made around the turn of the century and from locations where the 
species has been extirpated, including Palos Verdes Peninsula and Santa 
Catalina Island.
    The first record from the Santa Monica Mountains dates from 1926 
from an unknown location in the Malibu Hills (NDDB 1994). It was not 
until 1964, when Peter Raven was collecting for the 1966 Flora of the 
Santa Monica Mountains that P. lyonii was again documented from the 
Santa Monica Mountains (P. Raven, in litt., 1964). That population has 
since been extirpated by conversion to agriculture (NDDB 1994). David 
Verity discovered the easternmost population of P. lyonii in the Santa 
Monica Mountains at Stunt Ranch in 1977 (NDDB 1994).
    Pentachaeta lyonii is currently known from five population units in 
the Santa Monica Mountains and the western Simi Hills, a distance of 
approximately 32 kilometers (km) (20 miles (mi)), distributed in a 
highly fragmented landscape. The East unit consists of 1 occurrence 
with 4,000 individuals; the Mulholland crest unit has 3 occurrences 
with 1,200 individuals; the Central unit has 7 occurrences with 28,000 
individuals; the Conejo Ridge unit has 7 occurrences with 2,900 
individuals; and the North unit has 4 occurrences with 1,000 
individuals. Five of these occurrences are known to exist on public 
lands managed by the NPS, the Las Virgenes Municipal Water District, 
and COSCA. Since publication of the proposed rule, three occurrences on 
public lands (Stunt Ranch, Malibu Creek State Park, and Arroyo Sequit) 
appear to have become extirpated

[[Page 4174]]

(NDDB 1994). The remaining locations are on privately owned land, most 
with active primary and secondary threats from existing or proposed 
development. Primary threats include those that eliminate populations 
during construction. Secondary threats include the influence of the 
project on the surrounding environment in the form of local disturbance 
facilitating the introduction of competitive weeds and alteration of 
ecosystem processes. Other sites containing potential habitat for P. 
lyonii are limited, reducing the likelihood of finding additional 
unthreatened and viable populations of this species.
    In southern California, dudleyas or live-forevers (Dudleya) are 
succulent, rosette-forming perennial plants in the stonecrop family 
(Crassulaceae). Members of this genus frequently inhabit rocky soils or 
rock outcrops, both along the coast and in interior mountain ranges. 
The Santa Monica Mountains represent one of the most diverse 
concentrations of the genus. Because of the patchy and limited 
distribution of such habitats within other plant community types, many 
species of Dudleya tend to be highly localized in their distribution.
    Dudleya abramsii ssp. parva (Conejo dudleya) was first described in 
1923 as D. parva by Joseph Rose and Anstruther Davidson (Moran 1948) 
based on a cultivated collection made a year earlier by Mrs. J. H. 
Bullard from the Conejo Grade in Ventura County. No further mention was 
made of the plant in other regional floras for several decades, 
although Munz listed D. parva as a synonym of Echeveria lanceolata in 
1935 (Moran 1948). In 1960, Reid Moran recognized D. parva in his 
treatment of the genus (Moran in Jacobsen 1960), and it was 
subsequently also recognized by Munz in his Flora of Southern 
California (1974). Jim Bartel (1991) published the combination D. 
abramsii ssp. parva, based on similar floral features between D. parva 
and D. abramsii.
    Dudleya abramsii ssp. parva forms a rosette of oblanceolate leaves 
that are 1.5 to 4 cm (0.6 to 1.6 in.) long, 3 to 6 mm (1.2 to 2.4 in.) 
wide, and that, unlike most taxa in the subsection Dudleya, wither by 
early summer. The inflorescence is 5 to 18 cm (2 to 7.1 in.) long, 
tipped with pale yellow flowers that are often flecked with red on the 
keel. The roots are constricted at irregular intervals (Munz 1974). 
Dudleya abramsii ssp. parva is distinguished from other local Dudleya 
taxa by its flower color, root constrictions and withering leaves.
    Dudleya abramsii ssp. parva is known only from the western terminus 
of the Simi Hills west along the Montclef Ridge to the Conejo Grade, a 
distance of approximately 16 km (10 mi). There are only 11 reported 
populations, with numbers of individuals varying from a few thousand at 
one population to as few as 25. The majority of the populations number 
in the hundreds of individuals. Dudleya abramsii ssp. parva grows at 
the base of scattered rock outcrops of the Conejo volcanics in 
grassland and coastal sage scrub habitats. A portion of the plant's 
habitat is on lands designated as ``open space'' by COSCA; the 
remaining habitat is privately owned. Threats to this taxon include 
recreational activity (hiking and equestrian use), urban development, 
fire management and suppression activities, and collection (NDDB 1994, 
Skinner and Pavlik 1994).
    Dudleya cymosa was first described by Charles Antoine Lemaire in 
1858 as Echeveria cymosa based on a collection sent to him by the 
Belgian horticulturalist Louis de Smet; however, the type locality is 
unknown and the type specimen has been lost (Moran 1951, Nakai 1987). 
In 1903, Britton and Rose renamed the taxon Dudleya cymosa (Moran 
1951). Dudleya cymosa includes seven subspecies that range throughout 
California in the Sierra Nevada, Coast Ranges, Transverse Ranges, and 
the northern portion of the Peninsular Ranges; however, the two 
subspecies discussed in this rule have restricted distributions.
    Dudleya cymosa ssp. marcescens (marcescent dudleya) was first 
observed by Charlotte Hoak in 1932 in Little Sycamore Canyon in the 
Santa Monica Mountains (Rooksby 1936). However, the plant was not 
described until 1951 by Moran, based on a specimen that he collected in 
1948 at the same location (Moran 1951, 1957).
    Dudleya cymosa ssp. marcescens is distinguished from other 
subspecies of D. cymosa by the habit of the rosette leaves withering in 
the summer. The rosette leaves are 1.5 to 4 cm (0.6 to 1.6 in.) long 
and 5 to 12 mm (2.0 to 4.7 in.) wide; the caudex is 2 to 7 mm (0.8 to 
2.8 in.) thick; floral stems are 4 to 10 cm (1.6 to 4 in.) tall; 
corollas are bright yellow to yellow with red markings to bright red 
(Munz 1974). This subspecies typically occurs on the lower reaches of 
sheer volcanic rock surfaces and canyon walls adjacent to perennial 
streams. In most locations, the topographic relief has precluded soil 
formation; therefore, this taxon may be the only vascular plant in a 
microhabitat otherwise dominated by mosses and lichens (NDDB 1994).
    Dudleya cymosa ssp. marcescens is known from seven occurrences in 
the Santa Monica Mountains, from Hidden Valley to Malibu Creek State 
Park, a distance of 24 km (15 mi). Estimates of the number of 
individuals at each occurrence are between 50 and 200 plants; the total 
number of individuals is estimated to be less than 1,000. The 
microhabitat requirements of the plant limit the possibility that any 
additional large populations will be found. Half of the populations 
occur on lands owned and managed by the DPR; two locations are managed 
by the NPS--one on an administrative easement where the landowner has 
drastically altered the native vegetation (pine plantings in a cleared 
oak grove), and another in an area that receives unsupervised 
recreational use (boulder hopping and rock climbing). The remaining 
populations are on lands in private ownership, several of which are 
threatened by development (Skinner and Pavlik 1994, NDDB 1994). On DPR 
and NPS lands, the plant is threatened by recreational use, 
particularly rock climbing, foot traffic, collection, and fire (Skinner 
and Pavlik 1994, NDDB 1994).
    The distinct variation in Dudleya cymosa ssp. marcescens between 
sites has been commented upon (Mark Dodero, graduate student, San Diego 
State University, pers. comm., 1992). Nakai believes that a small 
population at Rattlesnake Canyon in Santa Barbara County shares 
characteristics with this subspecies (Kei Nakai, pers. comm., 1992). 
Bartel (in litt., 1992b) has made a tentative determination of D. 
cymosa ssp. marcescens for a population in the Santa Ana Mountains, 
Orange County. Daryl Koutnik, who has also studied the systematics of 
these taxa, questions these determinations (J. Schwarze, in litt., 
1993). If these additional populations prove to be D. cymosa ssp. 
marcescens, they are unlikely to alter the status of this subspecies 
due to the threats and limited population numbers in the Santa Monica 
Mountains.
    Dudleya cymosa ssp. ovatifolia (Santa Monica Mountains dudleya) was 
first described as D. ovatifolia by Britton in 1903 based on a 
collection made by H.M. Hall the previous year. The type locality is 
listed as ``Sierra Santa Monica,'' thought to be Topanga Canyon in Los 
Angeles County (Moran 1951). The species was subsequently recognized as 
Cotyledon ovatifolia and Echeveria ovatifolia (Fedde 1904 and Berger 
1930 respectively in Moran 1951) when broad generic concepts were 
applied to the family Crassulaceae. Moran published the new combination 
Dudleya cymosa ssp. ovatifolia in 1957.

[[Page 4175]]

    In 1983, Nakai considered the plants he found near Agoura, Los 
Angeles County, to be one of ``two somewhat distinct races'' of Dudleya 
cymosa ssp. ovatifolia. The ovate leaves with a maroon underside 
distinguish the ``Topanga'' race of D. cymosa ssp. ovatifolia from 
other Dudleya, while the glaucous leaves and lemon-yellow flowers 
separate the ``Agoura'' race of D. cymosa ssp. ovatifolia from other 
local species. Four years later, however, Nakai (1987) published the 
new combination D. cymosa ssp. agourensis to refer to ``Agoura'' 
material. Nakai distinguished the new subspecies from D. cymosa ssp. 
ovatifolia by the number and shape of rosette leaves, pedicel length, 
and degree of spreading in petal apices. Bartel (in litt., 1992a) 
concluded that these characters were insufficient to warrant taxonomic 
recognition as a subspecies of D. cymosa. As a result, Bartel (1993) 
lumped D. cymosa ssp. agourensis with D. cymosa ssp. ovatifolia in his 
revision of the genus for The Jepson Manual. For the purposes of this 
rule, Dudleya cymosa ssp. ovatifolia includes D. cymosa ssp. agourensis 
as described by Nakai.
    Like many Dudleya taxa, D. cymosa ssp. ovatifolia has rosette 
leaves that are evergreen rather than withering in the summer. Leaves 
are 2 to 5 cm (0.8 to 2 in.) long and 1.5 to 2.5 cm (0.6 to 1 in.) 
wide; floral stems are 4 to 15 cm (1.6 to 6.0 in.) tall; corollas are 
pale yellow (Munz 1974). Dudleya cymosa ssp. ovatifolia is found 
scattered along exposed north-facing slopes of the Santa Monica 
Mountains from near Westlake Village to Agoura, and in deep canyon 
bottoms along lower Malibu Creek and Topanga Creek. Less than ten 
occurrences have been reported, each consisting of no more than several 
hundred individuals. While future surveys may locate additional 
occurrences of the ``Agoura'' form along the northern slopes of the 
Santa Monica Mountains, the limited amount of habitat available makes 
it unlikely that the total number of individuals will exceed several 
thousand (NDDB 1994).
    Material collected by David Verity (pers. comm., 1992) from 
Modjeska Canyon on the western flank of the Santa Ana Mountains, Orange 
County, in 1951 was included by Uhl and Moran (1953) in their 
cytotaxonomic article on Dudleya as D. ovatifolia. These populations, 
which are not threatened (U.S. Fish and Wildlife Service (USFWS), in 
litt., 1996), represent a range disjunction of approximately 100 km (60 
mi) to the southeast of the Santa Monica Mountains. Boyd et al. (1995) 
reported that the subspecies in the Santa Ana Mountains was ``[l]ocally 
common on north-facing cliffs in chaparral, central Santiago Canyon 
near Fleming Peak to near the summit of the west slope of Modjeska 
Peak.'' Co-author Fred Roberts indicated that ``local and restricted, 
but common where found'' would better describe the distribution (Fred 
Roberts, USFWS, pers. comm., 1996).
    Populations of Dudleya cymosa ssp. ovatifolia in Malibu and Topanga 
Canyons occur largely on lands owned and managed by the DPR. One of 
these populations is relatively inaccessible, however, another 
occurrence is directly adjacent to private property that has been 
bulldozed for development access (Suzanne Goode, Resource Ecologist, 
DPR, Santa Monica Mountains, pers. comm., 1992). Two occurrences are on 
lands designated as open space by COSCA, while the remaining 
occurrences in the Santa Monica Mountains are on several privately 
owned properties zoned for commercial and residential development along 
the north slope of Ladyface Mountain. A cumulative impacts analysis 
from an area project proposal shows at least 74 projected proposed or 
under construction within 6.4 km (4 mi) of the Santa Monica Mountains 
populations (County of Los Angeles, in litt., 1996). This density of 
development threatens the habitat of D. c. ssp. ovatifolia.
    Dudleya verityi (Verity's dudleya) was originally collected in 1944 
by Moran, who treated it as D. caespitosa. In their 1966 Flora of the 
Santa Monica Mountains, Peter Raven and Henry Thompson treated it as D. 
farinosa. In 1983, Nakai described it as Dudleya verityi (Nakai 1983).
    Dudleya verityi is unique among Dudleya taxa in this rule in that 
it forms multiple rosettes, as many as 100 to a colony. Rosette leaves 
are 2 to 5 cm (0.8 to 2 in.) long and 5 to 8 mm (0.2 to 0.4 in.) wide; 
floral stems are 5 to 15 cm (2 to 5.9 in.) tall; corollas are lemon-
yellow with petal tips recurved up to 90 degrees. Nakai (1983) 
distinguished D. verityi from D. caespitosa by its much shorter leaves 
and flowering stems. He separated D. verityi from D. cymosa ssp. 
ovatifolia by its more elongated caudex, multiple dichotomously 
branched rosettes, and paler flowers (Nakai 1983, 1987).
    Dudleya verityi is limited to three populations occurring in a 
narrow band 6.4 km (4 mi) in length along the lower slopes of Conejo 
Mountain, from Long Grade Canyon to U.S. highway 101. The northernmost 
population consists of over a thousand individuals and another is 
considered abundant in the limited habitat it occupies (Envicom 1992, 
NDDB 1994). Historically, the lower slopes of Conejo Mountain have been 
the site for quarrying of construction-grade rock. The land is zoned 
for mineral extraction and there are abandoned, active, and proposed 
quarry operations within the distribution of D. verityi. The majority 
of the distribution of D. verityi is privately owned in a region with 
rapidly increasing development. Only a small portion of habitat is 
owned by a public agency (Ventura County Flood Control District).

Previous Federal Action

    Federal government action on these six 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. This 
report, designated as House Document No. 94-51, and presented to 
Congress on January 9, 1975, recommended Astragalus brauntonii and 
Dudleya abramsii ssp. parva (as Dudleya parva) for threatened status, 
and Dudleya cymosa ssp. marcescens and Pentachaeta lyonii for 
endangered status. 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) (now section 4(b)(3)(A)) 
of the Act, and of the Service's intention thereby to review the status 
of the plant taxa named therein. The above four taxa were included in 
the July 1, 1975, notice. The Service published a proposal in the June 
16, 1976, 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 cymosa ssp. marcescens and Pentachaeta 
lyonii were included in the June 16, 1976, Federal Register.
    General comments received in regard to the 1976 proposal were 
summarized in the April 26, 1978, Federal Register (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 June 6, 1976, proposal along with four other 
proposals that had expired.
    The Service published an updated notice of review for plants in the 
December 15, 1980, Federal Register (45 FR 82480). This notice included 
Astragalus brauntonii, Dudleya cymosa ssp. marcescens, D. parva, and 
Pentachaeta lyonii as category 1 candidate species (species for which

[[Page 4176]]

data in the Service's possession are sufficient to support proposals 
for listing). On November 28, 1983, the Service published in the 
Federal Register a supplement to the Notice of Review (48 FR 39526); 
the plant notice was again revised on September 27, 1985 (50 FR 6184). 
Dudleya abramsii ssp. parva (as D. parva) was included in the 1983 
supplement and the 1985 revision as a category 1 candidate species. 
Astragalus brauntonii, D. cymosa ssp. marcescens, and Pentachaeta 
lyonii were included in both of these revisions as category 2 species 
(species for which data in the Service's possession indicate listing 
may be appropriate, but for which additional biological information is 
needed to support a proposed rule). Dudleya verityi was included for 
the first time in the 1983 supplement, and again in the 1985 revision, 
as a category 2 species. On February 21, 1990 (55 FR 6184), the plant 
notice was again revised, and Dudleya parva and Pentachaeta lyonii were 
included as category 1 taxa, while Astragalus brauntonii, D. cymosa 
ssp. marcescens, and D. verityi were included as category 2 taxa. 
Dudleya cymosa ssp. ovatifolia did not appear in a notice of review. 
Data gathered during the request for information period were sufficient 
to determine that proposed listing was warranted. The proposed rule 
constituted the first Federal action on D. cymosa ssp. ovatifolia.
    Section 4(b)(3)(B) of the Endangered Species Act, as amended in 
1982, requires the Secretary to make findings on certain 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 Astragalus brauntonii, Dudleya abramsii ssp. parva (as 
D. parva), D. cymosa ssp. marcescens, and Pentachaeta lyonii because 
the 1975 Smithsonian report was accepted as a petition. Annually in 
October of 1983 through 1991, the Service found that the petitioned 
listing of these taxa was warranted, but that their listing was 
precluded by other higher priority listing actions. The publication of 
the proposed rule constituted a warranted finding for these taxa, as 
well as for D. verityi and D. cymosa ssp. ovatifolia.
    On November 30, 1992, the Service published a proposed rule in the 
Federal Register (57 FR 56541) to list Astragalus brauntonii and 
Pentachaeta lyonii as endangered and Dudleya abramsii ssp. parva, 
Dudleya cymosa ssp. marcescens, Dudleya cymosa ssp. ovatifolia, and 
Dudleya verityi as threatened.
    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 imposed on April 
10, 1995 (Public Law 104-6), and (2) the restoration of significant 
funding for listing through passage of the omnibus budget 
reconciliation law 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 the outstanding 
proposed listings. This final rule falls under Tier 2. At this time 
there are no pending Tier 1 actions. The Ventura Field Office has 
confirmed that the overall status of the taxa in this final rule has 
not improved since publication of the proposed rule.

Summary of Comments and Recommendations

    In the November 30, 1992, 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. A newspaper notice inviting public comment was published in 
the Los Angeles Times on December 11, 1992. The comment period closed 
on January 29, 1993. Appropriate Federal agencies, State agencies, 
local governments, scientific organizations, and other interested 
parties were contacted and requested to comment.
    The Service received 17 letters concerning the proposed rule during 
the comment period, including those of 1 Federal agency, 1 State 
agency, and 15 individuals or groups. Twelve respondents expressed 
support for the listing proposal, three opposed it, and two were 
neutral. Several commenters provided additional information; this 
information and other clarifications have been incorporated into the 
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, citing data from the Natural Diversity Data Base 
(NDDB), asserted that the proposed rule did not include substantial 
information to justify the listing of Pentachaeta lyonii.

Response

    Under section 4(b)(1)(A) of the Act, the Service must use the best 
scientific and commercial information available when determining 
whether a species is endangered or threatened. This listing is based on 
the best available scientific and commercial information, including 
literature records, Service fieldwork, communication with field 
biologists familiar with the species and its threats, local lead 
agencies, landowners, and NDDB data. Most of the respondent's comments 
referred only to NDDB information. The Service had access to the data 
used to enter information into NDDB records and communicated with the 
field biologists who supplied the data to the NDDB. The Service 
believes that sufficient evidence of threats to Pentachaeta lyonii and 
the other five taxa is presented in this rule to warrant their 
protection under the Act. (See ``Summary of Factors Affecting the 
Species'' below.) The Service maintains that the final decision to list 
Pentachaeta lyonii is based on the best available scientific and 
commercial information.

Issue 2

    One commenter referred to the NDDB's use of the global and state 
ranking system, stating that Pentachaeta lyonii was incorrectly ranked 
and is actually not rare enough to be considered endangered.

Response

    The Service did not base this listing on the global and state 
rarity ranking systems used by the NDDB. The evaluation of rarity by 
the NDDB for the global and state ranking system counts what the NDDB 
considers to be viable occurrences of species. The ranking system 
contained only two and possibly four occurrences of Pentachaeta lyonii 
(Susan Cochrane, Division Chief, Natural Heritage Division, California 
Department of Fish and Game (CDFG), in litt., 1993). The majority of 
these occurrences are actually small, declining, damaged, and/or 
experiencing a high level of threat from habitat loss and therefore are 
not viable in the view of the Service.

Issue 3

    One commenter suggested that the NDDB data for Pentachaeta lyonii 
illustrated the fact that there are numerous populations, the 
population sizes are large, and the status of the species is improving.

[[Page 4177]]

Response

    The NDDB often includes more than one occurrence number to record a 
biological population. A single occurrence may encompass multiple 
property ownerships, resulting in several records of occurrence for a 
single population. This method of recording a population may provide an 
artificially high record for the number of biological populations. The 
text of the rule has been amended to define the distribution of 
Pentachaeta lyonii as occurring in five population units (landscape 
units or metapopulations), each comprising several colonies. The 
Service acknowledges that new populations have been discovered in the 
last two decades; however, the implication that the species' status has 
improved is in error. The commenter indicated having knowledge of four 
additional occurrences; however, no information was submitted to the 
Service to substantiate those claims. The majority of new information 
on the distribution of P. lyonii is a result of early compliance 
surveys for development proposals. The subsequent project redesigns 
have been inadequate to protect the habitat for this species, and 
mitigation measures approved by various local lead agencies have proven 
inadequate for long-term population viability (C. Wishner, biologist, 
Envicom Corp., pers. comm., 1994). The majority of information 
available indicates that populations have declined. Disruptive events, 
such as direct loss of colonies to development and secondary impacts of 
disturbance including displacement by non-native weeds, have also 
resulted in a declining population trend. It is typical for an annual 
plant species to occur locally in large numbers, where hundreds of 
thousands of individuals constitute viable populations. The total 
aggregate number of individuals of P. lyonii is less than 50,000; 
however, the majority of the occurrences each have less than 1,000 
individuals. Extinction from naturally occurring events is possible 
even for the largest known populations of P. lyonii. The Service 
therefore concludes that populations are neither large nor numerous and 
that the status of the species is declining.

Issue 4

    One commenter asserted that the distribution of Pentachaeta lyonii 
is extensive and may still include the Palos Verdes Peninsula and Santa 
Catalina Island.

Response

    The Service does not believe that the distribution of this species 
is extensive. Pentachaeta lyonii is a narrowly localized endemic with a 
highly fragmented and discontinuous distribution in the Santa Monica 
Mountains and the western Simi Hills. The Service has reviewed the 
records of historical distribution for the Palos Verdes Peninsula and 
Santa Catalina Island. The Service has consulted field botanists 
specifically searching for P. lyonii in those locations and determined 
that the species has been extirpated from those localities (CDFG 1989). 
The vast majority of habitat in the region of Palos Verdes has been 
developed, and the open space on Santa Catalina Island has been 
severely overgrazed and altered by the introduction of non-native 
animals and plants.

Issue 5

    One commenter questioned the need to federally list Pentachaeta 
lyonii, stating that the California State Endangered Species Act 
protects the species.

Response

    The failure of existing regulatory mechanisms, including the 
California Endangered Species Act, to adequately protect the plant is 
addressed under Factor D in the ``Summary of Factors Affecting the 
Species'' section (see below).

Issue 6

    Two commenters expressed opinions regarding the ecological function 
of fire and its importance to the integrity of viable habitat for 
Pentachaeta lyonii and Astragalus brauntonii. One commenter stated that 
prescribed fire is not and will never be a feasible management tool in 
the Santa Monica Mountains due to the danger to personal property. One 
commenter questioned the Service's statement that the 15 m (50 ft) 
buffer zone for rare plant reserves currently required as mitigation 
for impacts caused by development is inadequate and, therefore, that 
proposed development constitutes a threat.

Response

    The placement of development adjacent to fire-prone habitats will 
necessarily require fuels modification. Although the development might 
not actually remove sensitive plant species during construction, a 15 m 
(50 ft) buffer falls within the 30 to 60 m (100 to 200 ft) fuels 
modification zone. The removal of vegetation in the fuels modification 
zone adversely changes the basic ecological processes that are part of 
the required habitat of these two species. More information on fire 
management is presented under Factor A in the ``Summary of Factors 
Affecting the Species'' section (see below). Prescribed burns are 
currently conducted by the fire departments of Los Angeles and Ventura 
counties within the Santa Monica Mountains and the Simi Hills. A dual 
purpose plan designed to use prescribed fire for fuels reduction and 
Pentachaeta lyonii habitat management by establishing a fire-safe 
buffer distance could reduce or eliminate the local threats of habitat 
modification by local development.

Issue 7

    Two commenters thought that human-caused disturbance of the soil in 
the habitats of Astragalus brauntonii and Pentachaeta lyonii was not a 
threat to viable populations.

Response

    Although some populations of Astragalus brauntonii and Pentachaeta 
lyonii occur within anthropogenically disturbed areas, no experimental 
data exist on the response of these two species to soil disturbance. 
However, human-induced disturbance causes the destruction and 
modification of the integrity of natural habitats and in the process 
facilitates the establishment of competitive non-native weeds. 
Pentachaeta lyonii populations have apparently been lost and replaced 
by a dense community of weeds near Stunt Ranch and along upper Westlake 
Boulevard.
    The Service solicited the opinions of several appropriate 
specialists regarding pertinent scientific or commercial data and 
assumptions relating to the taxonomy and biological and ecological 
information for these six taxa. All responses received supported the 
proposed rule. Additional data provided by the reviewers have been 
incorporated into this final rule.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Astragalus brauntonii Parish 
(Braunton's milk-vetch) and Pentachaeta lyonii Gray (Lyon's 
pentachaeta) should be classified as endangered species and that 
Dudleya cymosa (Lem.) Britt. & Rose ssp. marcescens Moran (marcescent 
dudleya), Dudleya cymosa (Lem.) Britt. & Rose ssp. ovatifolia (Britt.) 
Moran (Santa Monica Mountains dudleya), Dudleya abramsii Rose ssp. 
parva (Rose & Davids) Bartel (Conejo dudleya), and Dudleya verityi 
Nakai (Verity's dudleya) should be classified as threatened species. 
Procedures found at section 4 of

[[Page 4178]]

the Endangered Species Act (16 U.S.C. 1531) 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 the six plant 
taxa in this rule are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of Its Habitat or Range

    Steep terrain typifies the habitat of Astragalus brauntonii and, 
until the recent increase of urban sprawl, it has remained relatively 
secure. Now that the majority of flat lands have been developed, 
several populations occupying rugged terrain have been destroyed by 
urban development. Within the last 15 years, one colony has been 
extirpated (Monrovia) and two others have incurred significant losses 
related to development (Santa Ynez Canyon and Simi Hills). Another 
location has been approved for development by the City of Anaheim (Coal 
Canyon). There are no known populations that are not facing primary or 
secondary threats to survival. Only a small portion of the Santa Ynez 
Canyon population occurs on public lands (DPR) and a portion of the 
population was bulldozed during fire suppression activities in 1993.
    The City of Anaheim has approved a development that will eliminate 
50 percent of the population of Astragalus brauntonii in the Santa Ana 
Mountains (C. Spenger, President, Friends of the Tecate Cypress, in 
litt., 1993). The County of Ventura has approved a development, with 
mitigation measures, that will eliminate a portion of the habitat for 
A. brauntonii in the Simi Hills. The proposed mitigation efforts are 
strictly experimental, consisting of the movement of limestone soils to 
a rare plant reserve with no limestone substrate. The reserve may not 
be large enough or far enough away from development to allow periodic 
fires. Additionally, there is no contingency in the event that these 
efforts fail to establish a long-term viable population of A. 
brauntonii. A previously approved development has destroyed most 
habitat for this species in Santa Ynez Canyon (S. Goode, pers. comm., 
1992). All of the population areas (Simi Hills, Topanga State Park, 
Monrovia, and the Santa Ana Mountains) have experienced habitat 
destruction and the remaining habitat is threatened by modification of 
natural ecological processes.
    Pentachaeta lyonii continues to be negatively impacted by urban 
development. The Lake Eleanor Hills Project has been approved by the 
City of Westlake Village and will eliminate habitat containing several 
thousand plants (Joseph Edminston, Executive Director, Santa Monica 
Mountains Conservancy, in litt., 1991). The Lake Sherwood Golf Course 
and the Ronald Reagan Presidential Library, both recently approved and 
developed, have eliminated significant habitat for Pentachaeta lyonii. 
Sites that have been set aside as ex situ mitigation areas, with seed 
and soil transported from Pentachaeta lyonii populations destroyed in 
grading operations for development, have failed to successfully 
establish viable populations (C. Wishner and J. Bowland, biologist, 
pers. comms., 1994). The establishment of an in situ management area 
was required as mitigation for the removal of habitat at Lake Sherwood 
Golf Course that supported over 3,000 Pentachaeta lyonii individuals 
(C. Wishner, in litt., 1994). The site was negatively impacted by 
changed hydrology, competition with non-native species, loss of habitat 
for potential pollinators, and elimination of natural fire cycles. 
There was no buffer zone and it failed to maintain a self-perpetuating 
population of P. lyonii.
    Currently only a 15 m (50 ft) buffer for avoidance of rare plant 
populations is required by local permitting agencies (Ventura County, 
City of Thousand Oaks). A 15 m (50 ft) buffer zone falls within the 30 
to 60 m (100 to 200 ft) fuels modification zone required in California 
and is usually maintained by disking and mowing. This practice modifies 
or destroys the habitat characteristics essential to sustaining viable 
populations of Pentachaeta lyonii. Two projects, one with a reported 
10,000 individuals, have been designed with Pentachaeta lyonii habitat 
designated as part of the fuels modification zone (P. Lindsey, 
biologist, Impact Sciences, in litt., 1994). Attempts to avoid or 
compensate for impacts have produced conditions that are not favorable 
for the long-term maintenance of the populations.
    Portions of populations of Dudleya cymosa ssp. ovatifolia and D. 
abramsii ssp. parva have been extirpated by development in the cities 
of Agoura Hills, Thousand Oaks, and Westlake Village. The majority of 
their distribution is on private lands located in a region with 
increasing development pressures. At least 75 projects are proposed, 
approved, or under construction within 6.5 km (4 mi) of Dudleya cymosa 
ssp. ovatifolia habitat (County of Los Angeles, in litt., 1996). 
Dudleya abramsii ssp. parva is also affected by trampling and off-road 
vehicle activities on public and private lands. Weed abatement 
operations along roadsides, which involve scraping with a skiploader, 
destroyed several hundred individuals of D. cymosa ssp. ovatifolia and 
have continued to modify its habitat (T. Thomas, biologist, pers. obs., 
1991). Dudleya verityi survives on cliff habitats at the base of the 
Conejo Grade on land zoned for mineral extraction and with existing 
quarrying operations. The habitat of Dudleya cymosa ssp. marcescens is 
used for rock climbing and rappeling, which destroys the moss substrate 
and individual dudleya plants.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Some plant species have become vulnerable to collecting by 
curiosity seekers as a result of increased publicity following 
publication of a listing rule. Overutilization is probably not 
applicable to Astragalus brauntonii or Pentachaeta lyonii. However, 
because of the large stature and striking appearance of Astragalus 
brauntonii, it may be vulnerable to casual collection, particularly 
along firebreaks adjacent to areas used for recreational activities. 
Virtually all members of the genus Dudleya have been subject to 
collection for horticultural purposes. The four Dudleya taxa in this 
rule have all been collected by professional horticulturalists and 
probably by amateur collectors and gardeners as well.

C. Disease or Predation

    Neither disease nor predation is known to be a factor for any of 
the six plant taxa in the wild. As part of a program to mitigate the 
loss of a substantial population of Pentachaeta lyonii, plants grown 
from seed at Rancho Santa Ana Botanic Gardens were severely damaged by 
a white fly infestation (Orlando Mistretta, Rancho Santa Ana Botanic 
Garden, pers. comm., 1992).

D. The Inadequacy of Existing Regulatory Mechanisms

    The California Fish and Game Commission has listed Dudleya cymosa 
ssp. marcescens as rare and Pentachaeta lyonii as endangered under the 
Native Plant Protection Act (NPPA) (Div. 2, chapter 1.5 sec. 1900 et 
seq. of the CDFG Code) and the California Endangered Species Act (CESA) 
(Div. 3, chapter 1.5 sec. 2050 et seq.). Astragalus brauntonii, Dudleya 
abramsii ssp. parva, Dudleya cymosa ssp. ovatifolia, and Dudleya 
verityi are included on List 1B of the California Native Plant 
Society's Inventory (Skinner and Pavlik 1994),

[[Page 4179]]

indicating that, in accordance with chapter 10 sec. 1901 of the CDFG 
Code, they are eligible for State listing. Although NPPA and CESA both 
prohibit the ``take'' of State-listed plants (chapter 10 sec. 1908 and 
chapter 1.5 sec. 2080), these existing statutes appear 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 CDFG 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 sec. 1913).
    Local lead agencies empowered to uphold and enforce the regulations 
of the California Environmental Quality Act (CEQA) have made 
determinations that have or will negatively impact Pentachaeta lyonii, 
Astragalus brauntonii, Dudleya abramsii ssp. parva and Dudleya cymosa 
ssp. ovatifolia. Mitigation measures used to condition project 
approvals are essentially experimental and fail to adequately guarantee 
protection of sustainable populations. Species relocation attempts have 
failed and project designs have failed to provide an adequate buffer 
zone around populations to permit long-term viability at those 
locations (Diane Hickson, biologist, CDFG, in litt., 1994). A 
mitigation measure approved by Ventura County involves establishing a 
rare plant reserve for Astragalus brauntonii on non-occupied habitat. 
Limestone soils will be scraped from the destroyed site and placed on 
the reserve. Because the small reserve is bordered by development, it 
is unlikely that prescribed fire will be used as a management tool. The 
in situ preserve is a highly altered water tank site that has little 
natural habitat (Rachael Tierney, biological consultant, in litt., 
1990). It is highly doubtful that either measure will support viable 
populations of Astragalus brauntonii.
    Many mitigation attempts do not achieve the goal of securing long-
term protection for plants (Howald 1993). Three ``protected'' sites 
were bulldozed since the publication of the proposed rule--one during a 
fire suppression event in 1993, one during fuelbreak maintenance, and 
another by earthmoving operations related to the expansion of the 
Calleguas Municipal Water District Facility.
    In 1991, the State of California established the Natural 
Communities Conservation Plan Program (NCCP), pursuant to the Natural 
Community Conservation Planning Act. The purpose of the NCCP program is 
to provide long-term, regional protection of natural vegetation and 
wildlife diversity, while allowing appropriate and compatible land 
development (CDFG 1992). The Southern California Coastal Sage Scrub 
NCCP Program is the pilot program, and is focused on the coastal sage 
scrub plant community, although other associated vegetation communities 
are also being addressed in this ecosystem-based planning approach. 
Prepared under conservation planning guidance for the Coastal Sage 
Scrub NCCP Program, the Natural Community Conservation Plan/Habitat 
Conservation Plan was developed for the Central and Coastal Subregion 
of Orange County, and approved by the Service on July 17, 1996. Two of 
the six taxa in this rule occur within the planning area for the 
Central and Coastal Subregional Natural Community Conservation Plan/
Habitat Conservation Plan, including one population of Astragalus 
brauntonii and two populations of Dudleya cymosa ssp. ovatifolia.
    Although discussed early in the planning process for the Central 
and Coastal Subregional Natural Community Conservation Plan/Habitat 
Conservation Plan, Astragalus brauntonii is not considered a 
``covered'' species under the plan, because sufficient information 
regarding the most appropriate protection strategies to adequately 
conserve the species was not available during the planning process 
(USFWS, in litt., 1996). Species ``covered'' under the Central and 
Coastal Subregional Natural Community Conservation Plan/Habitat 
Conservation Plan have been treated as if they were listed under the 
Act, and their conservation and management is provided for in the plan. 
The two occurrences of A. brauntonii in Orange County (Gypsum and Coal 
Canyons in the Santa Ana Mountains) are within the Central/Coastal NCCP 
Reserve System. Potential habitat of A. brauntonii occurs within the 
North Ranch Policy Plan Area in the Central and Coastal Subregion, 
which is a specifically designated area where conservation planning has 
been delayed due to the lack of detailed information on the life 
history of the species in this area. The Central and Coastal 
Subregional Natural Community Conservation Plan/Habitat Conservation 
Plan contains planning policies intended to guide future conservation 
planning in this area, which will focus on protecting regional 
biodiversity values and unique and sensitive resources (USFWS, in 
litt., 1996). Therefore, protection and management of A. brauntonii via 
future preserves and fire management could occur in this area of the 
subregion. Even if this population is protected, however, the overall 
status of the species remains threatened, making its listing 
appropriate.
    Dudleya cymosa ssp. ovatifolia is a covered species under the plan 
and the two Orange County populations are conserved. Under an agreement 
with the participants, CDFG, and the Service, future potential impacts 
for covered species are considered adequately addressed through the 
minimization and mitigation measures specified in the Central/Coastal 
NCCP, including establishment and long-term management of a preserve 
system. Although the two populations in Orange County are protected 
from threats (USFWS, in litt., 1996), the majority of the distribution 
of D. cymosa ssp. ovatifolia, which is outside Orange County, is not 
protected and the overall status of the subspecies remains threatened.
    While the public agencies that manage lands with occurrences of 
these and other sensitive plant taxa have a mandate to protect the 
resources, none of those agencies has specific management plans for the 
taxa in this rule. Dual mandates for recreation and preservation by the 
NPS sometimes result in impacts to sensitive resources. For example, in 
the Rocky Oaks unit of the Santa Monica Mountains National Recreation 
Area (SMMNRA), equestrian trail use has eliminated subpopulations of 
Pentachaeta lyonii. No monitoring of rare plants is being conducted by 
the SMMNRA (D. Hickson, in litt., 1994). When the SMMNRA was authorized 
by Congress in 1978, it was given the authority to comment on projects 
being proposed within the ``sphere of influence'' of the SMMNRA 
planning area. However, such comments made by the SMMNRA are not 
binding upon the project proponent.
    Public agencies reviewing requests for large development projects 
are required by CEQA to conduct surveys of the biological resources of 
a project site. Sensitive species located during surveys are to be 
reported to the NDDB, which is maintained by the CDFG's Natural 
Heritage Division. Occasionally the project proponent considers the 
information proprietary and the consulting biologists may not report 
complete information to the NDDB (USFWS 1994). This has the potential 
to further aggravate the endangerment of those species.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    The grasslands of California have been affected by grazing for 200 
years, resulting in a type-conversion from

[[Page 4180]]

native, annual and perennial grass and herb species to aggressive, non-
native annual species.
    The fire management policy of the last 200 years has been one of 
fire exclusion, which has disrupted natural processes, causing an 
imbalance in ecosystem functioning in grasslands, coastal sage scrub, 
chaparral, and oak woodlands. Most California habitats are highly 
adapted to periodic fires. The disruption of ecological processes has 
not been uniform. In interior blocks of large habitat, the reduction of 
fire frequency (by fire suppression) has resulted in an accumulation of 
fuels in woody vegetation, making fire intensity and duration more 
severe. In contrast, wildlands in proximity to urban areas have been 
subjected to increased fire frequencies. In addition, range management 
practices have used high fire frequencies to change the vegetation type 
from shrub to grass (Biswell 1989). Fire frequencies of one to ten 
years can reduce species diversity by causing the elimination of 
species dependent on longer periods of time between fires to re-
establish seed banks.
    The Nature Conservancy has established a preserve to protect 
habitat for Cupressus forbesii (Tecate cypress) and a portion of the 
local Astragalus brauntonii population. However, the fire management 
required for the protection of the approved developments adjacent to 
habitat for these species poses a conflict. Varied and controversial 
fire management policies have been implemented in southern California, 
generally without any clear understanding of their long-term ecological 
effects. The emphasis on fire suppression during the last century has 
had a significant effect on natural fire frequencies, intensities and 
size. Where fire suppression has been successful, there is a resulting 
fuel overloading and when an ignition event takes place, the resulting 
fires are usually intense and large. Fire frequencies close to the 
urban/wildland interface are often higher, a result of increased arson-
caused ignitions. A vegetation management program was initiated in 1980 
when the governor of California approved Senate Bill 1704, entitled 
``Prescribed Burning: Brush-Covered Lands'' (Biswell 1989). Current 
fire management prescriptions, including wet season burns and crush and 
burn techniques, are questionable management tools for maintenance of 
sensitive species habitats. When soil and fuel moisture are high, 
burning intensity may not be sufficient to induce germination; 
conversely, the crush and burn technique may cause increased intensity 
and destroy species in the seed bank (White 1990). The use of 
prescribed fire as a habitat management tool for Astragalus brauntonii 
and Pentachaeta lyonii will be difficult because approved development 
is situated extremely close to ``protected'' populations (C. Wishner, 
pers. comm., 1994). Fire suppression activities have resulted in the 
extirpation of Astragalus brauntonii habitat during the Old Topanga 
fire of 1993 (S. Goode, pers. comm., 1994) and Pentachaeta lyonii 
habitat during the Greenmeadow fire of 1993 (C. Wishner, pers. comm., 
1994).
    Air pollution impacts to coastal sage scrub have been documented in 
the Santa Monica Mountains as a threat to the viability and functioning 
of the habitat (O'Leary 1990). Niebla ceruchoides, a small cushion 
lichen, apparently functions as a nursery for seedling establishment of 
Dudleya verityi. The population of Niebla on Conejo Mountain is the 
largest on the mainland (it is also known from the California Channel 
Islands). Occurrences of Niebla in coastal sage scrub habitats of 
coastal southern California are being reduced by habitat loss and air 
pollution (Riefner 1992).
    At least two populations of Pentachaeta lyonii have been eliminated 
from the secondary effects of gopher-tilling of the soil, which 
facilitates the growth of competitive non-native weeds. Stable 
populations of Pentachaeta lyonii occur in sites that have a crusty 
soil surface that results in lower spatial competition from non-native 
annual grasses. When the crust is broken, the aggressive non-native 
annual weeds have displaced Pentachaeta lyonii (NDDB 1994).
    Human-caused disturbances, such as roads, trails, and minor 
landform alterations, have functioned to provide a zone where the 
competition from aggressive, non-native annual weeds is reduced, 
thereby allowing Pentachaeta lyonii to grow. This artificial habitat 
contains a zone of highly compacted soils devoid of vegetation 
graduating to a zone of high vegetative cover. Between the zones is a 
narrow strip of habitat of reduced competition where Pentachaeta lyonii 
occasionally occurs. It is not disturbance that is required for viable 
Pentachaeta lyonii habitat, rather it is the reduced competition from 
non-native species such as Avena spp. (wild oats), Bromus spp. (brome 
grass), and Centaurea melitensis (tocalote) (CDFG 1989).
    Changes in the intensity of disturbance have eradicated colonies of 
Pentachaeta lyonii on NPS land. A linear habitat alongside a trail 
supported a small population for several years; however, a significant 
increase in equestrian use changed the character of the minor 
disturbance that foot traffic generated. The soils changed in texture 
from compacted to powder and the width of the tread increased, 
eliminating the narrow band of habitat occupied by Pentachaeta lyonii. 
Another colony on the same parkland was significantly reduced by 
recreational trampling. The colony occurred alongside an artificial 
pond that was used by swimmers and picnickers who spread blankets and 
towels over the site. That colony was fenced in 1988 to prevent further 
impacts, but did not show signs of recovery (CDFG 1989).
    Dudleya cymosa ssp. marcescens is negatively affected at four sites 
by recreational activities, primarily rock climbing. Plants are 
uprooted and destroyed by rappeling and boulder climbing activities. In 
addition, fire has been observed to severely reduce population 
densities and destroy the moss substrate that Dudleya cymosa ssp. 
marcescens requires (M. Dodero, pers. comm., 1992).
    By virtue of the limited number of individuals and/or range of the 
existing populations, at least three (Astragalus brauntonii, Dudleya 
abramsii ssp. parva, Dudleya verityi) of the taxa in this rule are 
threatened with extinction from naturally occurring events. Genetic 
viability is reduced in small populations, making them vulnerable to 
extinction by a single human-caused or natural event. The potential for 
extinction owing to small population size or a highly restricted range 
is exacerbated by natural causes such as fire, drought, rock slides, or 
disease.
    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 final 
rule. Based on this evaluation, the preferred action is to list 
Astragalus brauntonii and Pentachaeta lyonii as endangered, and Dudleya 
cymosa ssp. marcescens, Dudleya cymosa ssp. ovatifolia, Dudleya 
abramsii ssp. parva, and Dudleya verityi as threatened. The six taxa 
are individually threatened by one or more of the following--habitat 
alteration and destruction resulting from urban development; 
recreational activities; alteration of natural fire cycles within the 
coastal sage scrub, chaparral, grassland, and oak woodland communities; 
displacement by non-native weeds; and over-collection. The limited 
distribution of habitat for certain taxa (e.g., Dudleya verityi) and 
their small population size (e.g., Astragalus brauntonii) makes them 
particularly

[[Page 4181]]

vulnerable to extinction from naturally occurring events.
    Because Astragalus brauntonii and Pentachaeta lyonii are in danger 
of extinction throughout all or a significant portion of their ranges, 
they meet the definition of endangered as defined in the Act. The 
Service has determined that threatened status rather than endangered 
status is appropriate for Dudleya abramsii ssp. parva, D. cymosa ssp. 
marcescens, D. cymosa ssp. ovatifolia, and D. verityi because these 
taxa are restricted to habitats that are somewhat less vulnerable to 
the threat of development. Certain populations of D. cymosa ssp. 
marcescens and D. cymosa ssp. ovatifolia occurring on lands owned and 
managed by the DPR are protected from the destruction of habitat by 
development. However, habitat degradation due to recreational 
activities such as rock climbing continues. Management activities, such 
as the establishment of a regional parks system by COSCA, have somewhat 
reduced the potential for habitat destruction for D. abramsii ssp. 
parva. In the case of D. verityi, the County of Ventura has produced a 
study to determine the most feasible portion(s) of Conejo Mountain for 
acquisition as permanent open space. Despite these management 
activities, occurrences of these four taxa receive no protection where 
they occur on private lands and efforts to secure additional protection 
for certain sites have yet to be achieved. These four taxa appear to be 
likely to become endangered species within the foreseeable future. 
Critical habitat is not being proposed for these taxa for reasons 
discussed in the ``Critical Habitat'' section of this final rule.

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 
the 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 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat would not be prudent for 
these six plant taxa. 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 threat to the species, or (2) such 
designation of critical habitat would not be beneficial to the species.
    As discussed under Factor A in the ``Summary of Factors Affecting 
the Species'' section, both Astragalus brauntonii and Pentachaeta 
lyonii face numerous anthropogenic threats and these species occur 
mostly on private land. The publication of precise maps and 
descriptions of critical habitat in the Federal Register would make 
these plants more vulnerable to incidents of vandalism and, therefore, 
could contribute to the decline of these species. As discussed under 
Factor B, A. brauntonii and the four Dudleya taxa are particularly 
threatened by overcollection, an activity difficult to regulate and 
enforce. 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, or 
damaging or destroying in knowing violation of any State law or 
regulation, including State criminal trespass law. Publication of 
critical habitat descriptions and maps would make A. brauntonii and the 
four Dudleya taxa more vulnerable to overcollection and taking.
    Each of the taxa in this rule is known to occur, at least in part, 
on privately owned lands. 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. The limited number of 
populations that occur on Federal lands are managed by the NPS, for 
which management of listed species is a high priority. All Federal and 
State agencies and local planning agencies involved have been notified 
of the location and importance of protecting the habitat of these plant 
taxa. Protection of their habitat will be addressed through the 
recovery process and through the section 7 consultation process. 
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. The taxa in this rule are all confined to 
small geographic areas and each population is composed of so few 
individuals that the determinations for jeopardy and adverse 
modification would be similar. Therefore, designation of critical 
habitat provides no additional benefit beyond those that these taxa 
would receive by virtue of their listing as endangered or threatened 
species and likely would increase the degree of threat from vandalism, 
collecting, or other human activities. The Service finds that 
designation of critical habitat for these plants is not prudent at this 
time.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species 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 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)(2) requires Federal agencies to insure 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.
    Five of the taxa, Astragalus brauntonii, Dudleya cymosa ssp. 
marcescens, D. cymosa ssp. ovatifolia, D. verityi, and Pentachaeta 
lyonii, occur within the current boundaries of the

[[Page 4182]]

SMMNRA. Land acquisition activities for conservation purposes are 
possible within the SMMNRA boundary and could include unprotected 
populations of these plant taxa. Activities that could potentially 
affect these taxa and their habitats on NPS lands are primarily 
recreational activities including hiking, equestrian use, and rock 
climbing. Urban development projects occurring on private lands may 
need permits from Federal agencies, such as section 404 permits from 
the U.S. Army Corps of Engineers.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all threatened and 
endangered plants. All prohibitions of section 9(a)(2) of the Act, 
implemented by 50 CFR 17.61 for endangered plants, and 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. Section 
4(d) of the Act allows for the provision of such protection to 
threatened species through regulation. This protection may apply to 
these taxa in the future if regulations are promulgated. Seeds from 
cultivated specimens of threatened plants are exempt from these 
provisions provided that their containers are marked ``Of Cultivated 
Origin.'' Certain exceptions to the prohibitions apply to agents of the 
Service and State conservation agencies.
    It is the policy of the Service to increase public understanding of 
the prohibited acts that will apply under section 9 of the Act. Four of 
the taxa in this rule (Astragalus brauntonii, Dudleya cymosa ssp. 
marcescens, D. cymosa ssp. ovatifolia, and Pentachaeta lyonii) are 
known to occur on lands under Federal jurisdiction. Collection, damage, 
or destruction of these taxa is prohibited without a Federal endangered 
species permit. Such activities on non-Federal lands would constitute a 
violation of section 9 if conducted in knowing violation of California 
State laws, or in violation of a California State criminal trespass 
law.
    All of the Dudleya taxa in this rule are of horticultural interest; 
however, they are not currently known to be in commercial trade. 
Intrastate commerce (commerce within a State) is not prohibited under 
the Act. However, interstate and foreign commerce (sale or offering for 
sale across State or international boundaries) requires a Federal 
endangered species permit. (Endangered species may be advertised for 
sale provided the advertisement contains a statement that no sale may 
be consummated until a permit has been obtained from the Service).
    The Act and 50 CFR 17.62, 17.63, and 17.72 also provide for the 
issuance of permits to carry out otherwise prohibited activities 
involving endangered or threatened species under certain circumstances. 
Such permits are available for scientific purposes and to enhance the 
propagation or survival of the species. For threatened plants, permits 
are also available for botanical or horticultural exhibition, 
educational purposes, or special purposes consistent with the purposes 
of the Act. It is anticipated that few trade permits would ever be 
sought or issued because the species are not in commercial cultivation 
or common in the wild. Questions regarding whether specific activities 
will constitute a violation of section 9 of the Act should be directed 
to the Assistant Field Supervisor of the Service's Ventura Field Office 
(see ADDRESSES section). Requests for copies of the regulations 
regarding listed species and inquiries about prohibitions and 
regulations may be addressed to the U.S. Fish and Wildlife Service, 
Ecological Services, Endangered Species Permits, 911 NE 11th Avenue, 
Portland, Oregon 97232-4181 (telephone: 503/231-6241; facsimile: 503/
231-6243).

National Environmental Policy Act

    The 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. This rulemaking was not subject to review by the Office 
of Managment and Budget under Executive Order 12866.

References Cited

    A complete list of all references cited herein is available upon 
request from the Service's Ventura Field Office (see ADDRESSES 
section).

Author

    The primary author of this final rule is Tim Thomas, Ventura Field 
Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and 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 to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                                                                                          
-----------------------------------------------------   Historic range          Family             Status        When       Critical      Special rules 
         Scientific name              Common name                                                               listed      habitat                     
--------------------------------------------------------------------------------------------------------------------------------------------------------
        FLOWERING PLANTS                                                                                                                                
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Astragalus brauntonii...........  Braunton's milk-    U.S.A. (CA).......  Pea (Fabaceae)....  E                    606  NA               NA             
                                   vetch.                                                                                                               
                                                                                                                                                        

[[Page 4183]]

                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Dudleya abramsii ssp. parva.....  Conejo dudleya....  U.S.A. (CA).......  Stonecrop           T                    606  NA               NA             
                                                                           (Crassulaceae).                                                              
Dudleya cymosa ssp. marcescens..  Marcescent dudleya  U.S.A. (CA).......  Stonecrop           T                    606  NA               NA             
                                                                           (Crassulaceae).                                                              
Dudleya cymosa ssp. ovatifolia..  Santa Monica        U.S.A. (CA).......  Stonecrop           T                    606  NA               NA             
                                   Mountains dudleya.                      (Crassulaceae).                                                              
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Dudleya verityi.................  Verity's dudleya..  U.S.A. (CA).......  Stonecrop           T                    606  NA               NA             
                                                                           (Crassulaceae).                                                              
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Pentachaeta lyonii..............  Lyon's pentachaeta  U.S.A. (CA).......  Aster (Asteraceae)  E                    606  NA               NA             
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: December 26, 1996.
Jay L. Gerst,
Acting Director, Fish and Wildlife Service.
[FR Doc. 97-2059 Filed 1-28-97; 8:45 am]
BILLING CODE 4310-55-P