[Federal Register: February 3, 1995 (Volume 60, Number 23)]
[Rules and Regulations]               
[Page 6671-6685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03fe95-12]


=======================================================================
-----------------------------------------------------------------------

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 Ten Plants and Threatened Status for Two Plants 
From Serpentine Habitats in the San Francisco Bay Region of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act) for 10 plants: Castilleja affinis ssp. neglecta (Tiburon 
paintbrush), Ceanothus ferrisae (coyote ceanothus), Cirsium fontinale 
var. fontinale (fountain thistle), Clarkia franciscana (Presidio 
clarkia), Cordylanthus tenuis ssp. capillaris (Pennell's bird's-beak), 
Dudleya setchellii (Santa Clara Valley dudleya), Eriophyllum latilobum 
(San Mateo woolly sunflower), Pentachaeta bellidiflora (white-rayed 
pentachaeta), Streptanthus albidus ssp. albidus (Metcalf Canyon 
jewelflower), and Streptanthus niger (Tiburon jewelflower). The Service 
also determines threatened status for two plants, Calochortus 
tiburonensis (Tiburon mariposa lily) and Hesperolinon congestum (Marin 
dwarf-flax). These species are restricted to serpentine soil outcrops 
in the area near San Francisco Bay, California. The 12 plants have been 
variously affected and are threatened by one or more of the following: 
urbanization, pedestrian, and off-road vehicular traffic, the invasion 
of alien plants, road maintenance, soil erosion and slipping, 
unauthorized dumping, livestock grazing, seed predation by beetles, and 
stochastic extinction by virtue of the small, [[Page 6672]] isolated 
nature of the remaining populations. This rule implements the Federal 
protection and recovery provisions afforded by the Act for these 
plants.

EFFECTIVE DATE: March 6, 1995.

ADDRESSES: The complete file for this rule is available for public 
inspection, by appointment, during normal business hours at the U.S. 
Fish and Wildlife Service, 2800 Cottage Way, Room E-1803, Sacramento, 
California 95825-1846.

FOR FURTHER INFORMATION CONTACT: Elizabeth Warne at 916/978-4866 at the 
above address.

SUPPLEMENTARY INFORMATION:

Background

    Cordylanthus tenuis ssp. capillaris, Calochortus tiburonensis, 
Castilleja affinis ssp. neglecta, Streptanthus niger, Clarkia 
franciscana, Cirsium fontinale var. fontinale, Eriophyllum latilobum, 
Hesperolinon congestum, Pentachaeta bellidiflora, Ceanothus ferrisae, 
Dudleya setchellii, and Streptanthus albidus ssp. albidus are endemic 
to serpentine soils in the region of the San Francisco Bay in 
California. Serpentine soils are derived from ultramafic rocks such as 
serpentinite, dunite, and peridotite, which are found in discontinuous 
outcrops in the Sierra Nevada and in the Coast Ranges from Santa 
Barbara County, California to British Columbia. The chief constituent 
of the parent rock is some variant of iron-magnesium silicate. Most 
serpentine soils are formed in place over the parent rock, and are, 
therefore, shallow, rocky, and highly erodible. Serpentine soils, 
because of the parent material, tend to have high concentrations of 
magnesium, chromium, and nickel and low concentrations of calcium, 
nitrogen, potassium, and phosphorus (Kruckeberg 1984). These 
characteristics make serpentine soil inhospitable for the growth of 
most plants. Nevertheless, some plants have adapted to the rigors of 
life on serpentine soils. In fact, serpentine soils often support a 
high diversity of plants including many rare species (McCarten 1988). 
Over 200 taxa in California are endemic (restricted) to serpentine 
soils (Kruckeberg 1984).
    Serpentine soils in the San Francisco Bay region are derived from 
intrusive igneous rocks associated with fault zones in the sedimentary 
Franciscan formation. Outcrops occur south of the Bay in the Coyote 
Valley of Santa Clara County; west of the Bay at Edgewood County Park, 
near Crystal Springs Reservoir, at Stanford University's Jasper Ridge 
Preserve in San Mateo County, and at the Presidio in San Francisco 
County; east of the Bay in the Oakland Hills of Alameda County and at 
Mt. Diablo in Contra Costa County; and north of the Bay on the Tiburon 
Peninsula in eastern Marin County and at Mt. Tamalpais, Carson Ridge, 
and near Nicasio Reservoir in western Marin County, as well as in 
Sonoma and Napa Counties. Serpentine soils are variable in soil 
chemistry, texture, and water availability, both within and between 
sites (McCarten 1987b). This variability and the variety of micro-
climates in the San Francisco Bay region have a profound effect upon 
the local flora. Several serpentine plant communities are found in the 
San Francisco Bay region (McCarten 1987b). Grassland and annual forb 
communities (serpentine bunchgrass grasslands and serpentine wildflower 
fields) tend to occur on level ground or on gentle slopes with soils to 
1 meter (m) (3 feet (ft)) or more in depth. Shrub communities 
(Franciscan serpentine coastal scrub, mixed serpentine chaparral, and 
Sargent cypress woodlands) tend to occur on steep rocky slopes with 
shallow soils. In some areas, soil development is minimal and parent 
rock is extensively exposed. These serpentine barrens support a 
distinctive community composed of only a few species, usually growing 
at low densities. Another unique habitat on serpentine soils occurs 
near seasonal springs and seeps, which support species requiring moist 
soil.
    Most of the 12 species in this rule occur in the serpentine 
bunchgrass grassland and serpentine wildflower field communities. 
Cirsium fontinale var. fontinale occurs in serpentine seep areas. 
Cordylanthus tenuis ssp. capillaris and Ceanothus ferrisae occur in 
chaparral, as do a few populations of Hesperolinon congestum. Dudleya 
setchellii and Streptanthus albidus ssp. albidus are found on 
serpentine barrens. Eriophyllum latilobum grows on serpentine-
influenced soil in the coast live oak woodland community.
    Serpentine endemics may have limited or widespread distributions. 
Some species are restricted to a single outcrop; others occur on 
serpentine soils within a particular region; a few species occur 
throughout almost the entire range of serpentine soils in California 
(Kruckeberg 1984). Of the taxa considered in this rule, (Calochortus 
tiburonensis) is thought to always have been restricted to the single 
outcrop on which it occurs. Others, including Cordylanthus tenuis ssp. 
capillaris, Streptanthus niger, Eriophyllum latilobum, Dudleya 
setchellii, and Streptanthus albidus ssp. albidus, have a known 
historical range of only a few miles or less. The widest ranging 
species in historic times was Pentachaeta bellidiflora, which occurred 
from Marin County to Santa Cruz County. It is now restricted to a 
single population as a result of habitat destruction.
    The human population of the San Francisco Bay region has grown 
rapidly over the last several decades. Urban development (including 
highway construction) has reduced the amount of serpentine habitat by 
nearly 20 percent in the past 20 years (McCarten 1987b). The 
construction of roads, houses, recreational facilities, and waste 
disposal sites continues. The increasing numbers of people also place 
an ever greater strain on undeveloped wildlands, through activities 
such as pedestrian and off-road vehicle traffic, unauthorized garbage 
dumping, and changes in the pattern of wildland fires. Serpentine 
habitats, because of their often limited vegetative cover, may appear 
to the uninitiated as unoccupied space, and so they are especially 
likely to be subject to disturbances. Recreational activities may 
directly impact plants; or may result in increased erosion and 
facilitate the invasion of alien species including many introduced 
annual grasses common in California. Competition with introduced 
species is a serious threat to serpentine natives (McCarten 1987b). The 
destruction of serpentine habitats due to urban development also has 
increased the fragmentation of rare plant populations, thus, increasing 
the risks of extinction due to chance events such as fire, pest or 
disease outbreaks, reproductive failure, or other natural or human-
caused disaster.
    The land that supports these 12 taxa is owned by local, State, and 
Federal agencies, parks, and private parties.
Discussion of the Twelve Species
North Bay Species
    Cordylanthus tenuis ssp. capillaris (Pennell's bird's-beak) was 
collected by Herbert Mason about 3.2 kilometers (km) (2 miles (mi)) 
north of Occidental in Sonoma County, California, in 1946. Francis 
Whittier Pennell described the plant as Cordylanthus capillaris in 
1950, using Mason's specimen as the type (Pennell 1950). Pennell was 
misled by an erroneous label to think that the plants had been 
collected in Merced County (Bacigalupi 1966), which may have affected 
his treatment of the taxon (Chuang and Heckard 1986). Artificial 
hybridization studies of C. brunneus and C. capillaris (Chuang and 
Heckard 1975) showed a close relationship between the two plants. The 
name C. brunneus ssp. capillaris was proposed [[Page 6673]] for C. 
capillaris by Chuang and Heckard (Heckard 1977), but was never formally 
published. In 1986, Chuang and Heckard published a revision of the 
genus, in which both C. brunneus and C. capillaris were treated as 
subspecies of C. tenuis (Chuang and Heckard 1986).
    Cordylanthus tenuis ssp. capillaris is a branching herbaceous 
annual of the snapdragon family (Scrophulariaceae). The plant grows 30 
to 40 centimeters (cm) (12 to 16 inches (in)) tall, with yellow-green 
hairless herbage that becomes purplish with age. The leaves are entire, 
or those of the primary stem three-parted, and threadlike. The floral 
bracts are three-parted up to two-thirds of their length, with fine 
marginal hairs on bracts and calyx. The tubular corolla is 1.5 cm (0.6 
in) long and garnet-brown laterally, paler dorsally. Each capsule 
contains 10 to 16 seeds. The three-lobed outer bracts of Cordylanthus 
tenuis ssp. capillaris distinguish it from its nearest relative (C. 
tenuis ssp. brunneus) and from C. pilosus, another Cordylanthus found 
in the area. A further distinguishing character is that C. pilosus is 
densely hairy throughout.
    Cordylanthus tenuis ssp. capillaris is known only from two 
locations: the type locality in western Sonoma County and a second 
occurrence a few miles to the west. A third population may occur on 
property adjacent to the second location, but permission for botanical 
surveys on that property has been consistently refused (Betty Guggolz, 
Milo Baker Chapter, California Native Plant Society, pers. comm., 
1992). The total number of plants fluctuates from year to year, as is 
typical of annual plants. C. tenuis ssp. capillaris is threatened with 
potential residential development, garbage dumping, and roadside 
maintenance.
    Calochortus tiburonensis (Tiburon mariposa lily) was discovered in 
1971 by Robert West on Ring Mountain on the Tiburon Peninsula in Marin 
County, California. Albert Hill collected the type specimen on Ring 
Mountain the following year and published the description in 1973 (Hill 
1973).
    Calochortus tiburonensis is a bulbous perennial of the lily family 
(Liliaceae) with a single persistent, basal, linear-oblong leaf 30 to 
60 cm (1 to 2 ft) long. The flowering stem, about 50 cm (20 in) tall, 
is usually branched and bears erect flowers in twos or threes at the 
ends of the branches. The three petals and three sepals are light 
yellow-green with reddish or purplish-brown markings. The capsule is 
triangular in cross-section and about 4 cm (2 in) long. The long 
slender hairs on the upper surface and margins of the petals and the 
lack of wings on the capsule distinguish C. tiburonensis from the other 
two Calochortus species found on the Tiburon Peninsula, C. umbellatus 
and C. luteus.
    Calochortus tiburonensis is known only from its type locality, 
where it grows on rocky serpentine slopes among annual and perennial 
herbs and grasses. The population, estimated at 40,000 individuals in 
1991 (Larry Serpa, The Nature Conservancy, pers. comm., 1992), occurs 
on land that has been owned and managed by The Nature Conservancy since 
1982. The occurrence of this plant in a single population, its 
proximity to human population centers, and intensive development 
activities renders it vulnerable to catastrophic events such as fire, 
disease or pest outbreak, severe drought, or other natural or human-
caused disasters.
    The type specimen of Castilleja affinis ssp. neglecta (Tiburon 
paintbrush) was collected by Katherine Brandegee in the early 1900s. 
The plant was described by Zeile in 1925 in Willis Jepson's Manual of 
the Flowering Plants of California.
    Castilleja affinis ssp. neglecta is a semi-woody perennial of the 
snapdragon family (Scrophulariaceae), with erect, branched stems 30 to 
60 cm (1 to 2 ft) tall and a sparse covering of soft, spreading hairs. 
The lance-shaped leaves have one or two pairs of narrow lobes. The 
conspicuous floral bracts are yellowish and sometimes red-tipped; the 
flowers are yellow to red and 18 to 20 millimeters (mm) (0.7 to 0.8 in) 
long. The simple (unbranched) hairs and the lack of glands below the 
inflorescence distinguish C. affinis spp. neglecta from other species 
of Castilleja on the Tiburon Peninsula (C. latifolia var. rubra and C. 
foliosa) (Howell 1970).
    Castilleja affinis ssp. neglecta occurs in serpentine bunchgrass 
communities on north to west facing slopes. It is known from four 
populations in Marin County, three of which occur on the Tiburon 
Peninsula, one population in Napa County, and one population in Santa 
Clara County. The range of this plant is approximately 50 km (30 miles) 
from east to west and 112 km (70 miles) from north to south. Population 
sizes are small, ranging from 13 plants at a location in Santa Clara 
County (Roxanne Bittmann, California Natural Diversity Data Base, pers. 
comm., 1993) to 600 plants at Ring Mountain Preserve on the Tiburon 
Peninsula (Hunter 1989a). A total of approximately 1,500 plants exist. 
The Marin County populations are threatened by residential development, 
foot traffic, grazing, and soil slumping; the Napa County population is 
threatened by gravel mining and grazing.
    Streptanthus niger (Tiburon jewelflower) was described by Edward L. 
Greene, from a type specimen he had collected at St. Hilary's Church in 
the town of Tiburon in Marin County (Greene 1886a). Greene later 
redefined the limits of Euclisia, formerly a subgenus of Streptanthus, 
treating it as a genus in its own right (Greene 1904). S. niger, as a 
member of the Euclisia group, was thus referred to as E. niger. Jepson 
(1925) returned Euclisia to subsection status and later authors 
followed his treatment. Munz treated S. niger as a subspecies of S. 
glandulosus in A California Flora (1959), and then returned it to S. 
niger in his supplement (1968), following Kruckeberg (1958).
    Streptanthus niger is an annual herb of the mustard family 
(Brassicaceae) that reaches 30 to 60 cm (1 to 2 ft) in height. The 
lower leaves are toothed, the upper leaves less toothed or not at all. 
The sepals are a very dark purple; the petals have a purple claw and a 
white blade with a purple midvein. The zig-zag inflorescence pattern 
and the lack of hairs distinguish S. niger from its near relative S. 
glandulosus.
    Streptanthus niger is found on shallow rocky serpentine soils on 
southwest-facing slopes on the Tiburon Peninsula of Marin County. Two 
populations are known from the southern end of the peninsula where they 
occur within 3 km (2 miles) of one another. Populations number from 50 
to 2,000 plants (Hunter 1989b, Andrew Allen, Belvedere-Tiburon 
Landmarks Society, in litt., 1991). The plant is threatened by 
residential development, foot traffic, and road construction.

Central Bay Species

    The type specimen of Clarkia franciscana (Presidio clarkia) was 
collected by Peter Raven in 1956. C. franciscana was described by 
Harlan Lewis and Peter Raven (1958).
    Clarkia franciscana is a slender, erect, herbaceous annual of the 
evening-primrose family (Onagraceae), 40 cm (16 in) tall with few, very 
small, and narrow leaves. The lavender-pink petals have a lighter basal 
portion and a reddish-purple basal spot. The slender capsule is 2 to 4 
cm (1 to 2 in) long. C. franciscana can be distinguished from C. 
rubicunda, a related species that may occur in the same area, by its 
petals that have irregular teeth on the apical margin. C. rubicunda has 
petals that are rounded at the apex.
    Clarkia franciscana is restricted to serpentine soils in grassland 
communities in San Francisco and Alameda Counties. Two populations are 
known from the Presidio in San Francisco. Three populations are known 
[[Page 6674]] from the Oakland Hills in Alameda County, 27 km (17 mi) 
east of San Francisco, all within 1.0 km (0.6 mi) of each other. A 
fourth population in the Oakland Hills was reported in 1988 (California 
Department of Fish and Game, Natural Diversity Data Base) but could not 
be relocated during a search conducted in 1991 (David Bigham, East Bay 
Chapter, California Native Plant Society, in litt., 1991). Population 
sizes fluctuate greatly; the upper limit to the total numbers of plants 
reported in recent years is approximately 8,000 plants. The first of 
the Alameda County populations was discovered in 1980 at the Redwood 
Regional Park. Because this discovery occurred so long after the 
original discovery of the plant and because this population was 
relatively far from the previously known population at the Presidio, it 
was suggested that this population might not be a natural occurrence. 
This suggestion gained credence because seed collected from the type 
location in 1964 had been sown in the East Bay Regional Parks Tilden 
Botanic Garden and plants had grown there for several years (Roof 
1971). Seed collected from plants at the botanic garden had been sown 
in several sites at the Presidio in 1972 (Roof 1972). It was thought 
that seed might also have been sown at Redwood Regional Park in Alameda 
County. However, an electrophoretic comparison of the San Francisco and 
Alameda populations ``strongly suggests that the Oakland Hills 
population did not originate by seed transfer from San Francisco and it 
must be regarded as indigenous to its present locality'' (Gottlieb and 
Edwards 1992). C. franciscana is threatened by potential development, 
roadside maintenance, foot traffic, mowing, competition from alien 
plants, and shade from native and introduced shrubs and trees.
    Cirsium fontinale var. fontinale (fountain thistle) was first 
described as Cnicus fontinalis (Greene 1886b). In 1892, Greene 
reassigned the plant to the genus Carduus (Greene 1892). Willis Jepson, 
in his Flora of Western Middle California (1901), put the taxon in the 
genus Cirsium. In 1938, John Thomas Howell described a close relative 
of the fountain thistle, Cirsium fontinale var. obispoense (Chorro 
Creek bog thistle) (Howell 1938). According to the rules for botanical 
nomenclature, when a new variety is described in a species not 
previously divided into infraspecific taxa, a ``type'' variety is 
automatically created. In this case, the type variety is C. fontinale 
var. fontinale.
    Cirsium fontinale var. fontinale is an herbaceous perennial of the 
aster family (Asteraceae) with several stout, erect reddish stems 30 to 
60 cm (1 to 2 ft) high. The basal leaves are 10 to 20 cm (4 to 8 in) 
long with spine-tipped lobes; the leaves on the stems are smaller. The 
flowers are dull white to pinkish, becoming brown with age. The egg-
shaped, recurved bracts beneath the flower head distinguish C. 
fontinale var. fontinale from the most similar thistle in the area, 
brownie thistle (C. quercetorum). The nearest relative of C. fontinale 
var. fontinale is C. fontinale var. obispoense, found further south in 
San Luis Obispo County.
    Cirsium fontinale var. fontinale is restricted to perpetually moist 
clay openings in riparian or serpentine chaparral. Historically, this 
plant occurred in both San Mateo and Santa Clara Counties, but it is 
now found in only three locations in San Mateo County. One population 
of 1,000 to 2,800 plants occurs east of Crystal Springs Reservoir, on 
both sides of Interstate 280. A second population of 100 to 200 plants 
occurs 10 km (6 miles) to the south in the ``Triangle area,'' a 
triangular piece of land west of Edgewood County Park that is bounded 
by Interstate 280 to the east, Edgewood Road on the north, and Canada 
Road on the west. A single plant was found in Edgewood County Park in 
1987. In 1992, only one plant remained in this location (Susan Sommers, 
Santa Clara Valley Chapter, California Native Plant Society, pers. 
comm., 1992). The taxon is threatened by proposed recreational 
development, competition with alien plant species, garbage dumping, and 
roadside maintenance.
    Eriophyllum latilobum (San Mateo woolly sunflower) was first 
collected by Elmer in 1903. The type specimen was collected by A.A. 
Heller in 1907. The plant was described by Per Axel Rydberg (1915). E. 
latilobum is believed to have originated as a hybrid between E. 
confertiflorum and E. lanatum var. arachnoideum (Munz 1959, John 
Mooring, Santa Clara University, pers. comm., 1992).
    Eriophyllum latilobum is a bushy perennial of the aster family 
(Asteraceae) with leafy stems 30 to 40 cm (12 to 16 in) high. The upper 
surfaces of the deeply three-cleft leaves are a smooth dark green and 
the lower surfaces are covered with densely interwoven white hairs. The 
golden flower heads are borne in loose clusters. E. latilobum differs 
from E. confertiflorum in having eight ray flowers rather than five, 
larger flower heads, and a more open inflorescence. E. lanatum var. 
arachnoideum differs from the other two species in having 13 ray 
flowers and shallowly cleft leaves.
    Eriophyllum latilobum is found in shaded moist sites on steep 
grassy or sparsely wooded slopes of serpentine-influenced soil. The 
single remaining occurrence of E. latilobum consists of a few hundred 
plants scattered along 4 km (2.5 miles) of Crystal Springs Road in San 
Mateo County. These subpopulations are probably the fragments of a 
once-continuous population. E. latilobum has also been reported from 
southern San Mateo County, on Pescadero Road southwest of La Honda, but 
this report is most likely erroneous. At least one of the specimens 
collected at this site (in 1929) is actually E. confertiflorum (Barry 
Prigge, University of California, Los Angeles herbarium, pers. comm., 
1992), and searches in recent years have found only E. confertiflorum 
(Toni Corelli, Santa Clara Valley Chapter, California Native Plant 
Society, pers. comm., 1992). The plant is threatened by erosion and 
soil slippage, road maintenance, garbage dumping, and recreational 
development.
    Henry Nicholas Bolander collected the type specimen of Hesperolinon 
congestum (Marin dwarf-flax) in 1863 in Marin County, while working on 
the State Geological Survey. Asa Gray described the new species as 
Linum congestum, including it in the section Hesperolinon that he 
described in the same paper (Gray 1865). J.K. Small (1907) established 
Hesperolinon as a distinct genus in 1907. Jepson (1925) treated 
Hesperolinon as a section of the genus Linum and treated H. congestum 
as a subspecies of L. californicum. Helen K. Sharsmith (1961) conducted 
an extensive study of Hesperolinon and concluded that it definitely 
warrants distinction as a separate genus. She also returned H. 
congestum to the status of a species.
    Hesperolinon congestum is an herbaceous annual of the flax family 
(Linaceae) with slender, threadlike stems, 10 to 40 cm (4 to 16 in) 
tall. The leaves are linear. The flowers are borne in congested 
clusters; the pedicels are 0.2 to 2 mm (.01 to .08 in) long. The sepals 
are hairy and the five petals are rose to whitish. The anthers are deep 
pink to purple; this character helps distinguish H. congestum from H. 
californicum, found in the same geographic area, which has white to 
rose anthers, as well as hairless sepals. Two other species that are 
found in the same region are H. micranthum and H. spergulinum. They 
differ from H. congestum in having hairless sepals and a long, open 
inflorescence, with pedicels 2 to 25 mm (.08 to 1 in) long.
    Hesperolinon congestum is endemic to serpentine soils from Marin 
County [[Page 6675]] south to San Mateo County, a range of 80 km (50 
miles). Two populations are found in serpentine chaparral; the others 
occur in serpentine bunchgrass habitat. Six populations are known from 
Marin County, one from San Francisco County, and seven from San Mateo 
County. Populations fluctuate in size from hundreds to thousands of 
plants (Robison and Morey 1992a). The species is threatened with 
residential and recreational development, foot traffic, and competition 
with alien species.
    Pentachaeta bellidiflora (white-rayed pentachaeta) was first 
collected in 1853-54 near Corte Madera by John Milton Bigelow, surgeon 
and botanist for a railway route exploration (Van Horn 1973). The plant 
was described as P. bellidiflora (Greene 1885). Keck (1958) transferred 
the entire genus to Chaetopappa. Van Horn (1973) studied Chaetopappa 
and Pentachaeta and concluded that the two genera are not closely 
related. Based on differences in floral and vegetative morphology and 
chromosome number, Van Horn reinstated the genus Pentachaeta.
    Pentachaeta bellidiflora is a small annual plant of the aster 
family (Asteraceae) with one or a few branches that bear narrow, linear 
leaves. Each flower head has numerous yellow disk florets and 5 to 16 
white to purplish ray florets. The fruits are tawny, coarse-haired 
achenes (dry one-seeded fruits). Related species in the San Francisco 
Bay area (P. exilis ssp. exilis and P. alsinoides) differ from P. 
bellidiflora in that they have no ray flowers.
    Pentachaeta bellidiflora is known only from one location, in a 
serpentine bunchgrass community in San Mateo County. Historically, P. 
bellidiflora was known from at least nine sites in Marin, San Mateo, 
and Santa Cruz Counties. The other populations have been destroyed by 
urbanization, off-road vehicles, or highway construction over the past 
50 years (Robison and Morey 1992b). As is common among annual plants, 
the size of this population fluctuates dramatically from year to year. 
Numbers have ranged from 10,000 to just under 100 million in the last 
10 years, with about 1.5 million plants growing in each of the last 2 
years (Zoe Chandik, Santa Clara Valley Chapter, California Native Plant 
Society, pers. comm., 1992). The species is threatened by recreational 
development.

South Bay Species

    Ceanothus ferrisae (coyote ceanothus) was collected in 1917 by 
LeRoy Abrams, professor of botany at Stanford University, on Madrone 
Springs Road above Coyote Creek, in Santa Clara County. The species was 
described in 1933 by Howard E. McMinn (McMinn 1933), professor of 
botany at Mills College and author of An Illustrated Manual of 
California Shrubs.
    Ceanothus ferrisae is an erect evergreen shrub of the buckthorn 
family (Rhamnaceae) that grows 1 to 2 m (3 to 6 ft) high, with long 
stiff divergent branches. Its round leaves are dark green and hairless 
on the upper surface and lighter green with minute hairs below. The 
leaf margins have short teeth or sometimes no teeth at all; the leaf 
base is abruptly tapering or rounded. The small white flowers are borne 
in clusters 1.3 to 2.5 cm (0.5 to 1 in) long. The seed capsules are 7 
to 9 mm (.3 to .35 in) in width and have three conspicuous apical 
horns. The related C. cuneatus has entire leaves with wedge-shaped (not 
rounded) bases and seed capsules only 5 to 6 mm (0.2 in) wide.
    Ceanothus ferrisae grows on dry slopes in serpentine chaparral. It 
is known from only three locations, all within 6 km (4 miles) of each 
other, in Santa Clara County. Fewer than 6,000 plants are known to 
exist. It was thought at one time to occur in both San Mateo and Santa 
Cruz Counties as well, but these reports have been found to be 
erroneous (Corelli 1991). The existing populations are threatened by 
residential and recreational development, unauthorized dumping, and 
lack of natural recruitment.
    The type specimen of Dudleya setchellii (Santa Clara Valley 
dudleya) was collected by Willis L. Jepson in 1896 on Tulare Hill in 
Santa Clara County. He described it as Cotyledon laxa var. setchellii 
(Jepson 1901). At the same time, he described Cotyledon caespitosa var. 
paniculata, which he had collected from Morrison Canyon near what is 
now Fremont. Britton and Rose (1903) elevated both taxa to full species 
and transferred them to the newly-created genus Dudleya. Subsequently, 
Dudleya setchellii was variously treated as Cotyledon setchellii (Fedde 
1904), Echeveria setchellii (Nelson and Macbride 1913), and E. laxa 
var. setchellii (Jepson 1936). Reid Moran (1959) combined the material 
referred to as D. setchellii and D. paniculata in D. cymosa ssp. 
setchellii. Kei Nakai (1987) separated the two entities into D. cymosa 
ssp. paniculata and D. cymosa ssp. setchellii on the basis of leaf 
shape, inflorescence branching patterns, and pedicel length. According 
to Jim Bartel (U.S. Fish and Wildlife Service, pers. comm., 1992), D. 
setchellii should not be placed within D. cymosa and is, in fact, 
intermediate to D. cymosa and D. abramsii. His treatment of Dudleya 
retains Nakai's D. cymosa ssp. paniculata and resurrects Britton and 
Rose's D. setchellii for the Santa Clara Valley dudleya (Bartel 1993).
    Dudleya setchellii is a low-growing perennial of the stonecrop 
family (Crassulaceae) with fleshy, glabrous leaves. The oblong to 
triangular, slightly glaucous leaves are 3 to 8 cm (1 to 3 in) long and 
7 to 15 mm (0.3 to 0.6 in) wide. Two or three flowering stems ascend to 
heights of 5 to 20 cm (2 to 8 in) in mid to late spring. The pale 
yellow petals are 8 to 13 mm (0.3 to 0.5 in) long. There are two 
related species in the area. D. cymosa ssp. cymosa has bright yellow to 
red petals rather than pale yellow and is, therefore, easily 
distinguished from D. setchellii with its pale yellow flowers. D. 
cymosa ssp. paniculata can be distinguished from D. setchellii by its 
oblong to oblanceolate leaves (in contrast to the oblong-triangular 
leaves of D. setchellii), its greater degree of rebranching of the 
inflorescence branches, and its longer pedicels.
    Dudleya setchellii is restricted to rocky outcrops within 
serpentine grasslands in Santa Clara County. It is found only in the 
Coyote Valley area, from San Jose south about 30 km (20 miles) to San 
Martin, at elevations of 100 to 300 m (300 to 900 ft). D. cymosa ssp. 
paniculata ranges from Contra Costa County to Fresno and Monterey 
Counties; the reports of Moran's combination D. cymosa ssp. setchellii 
from Alameda, Contra Costa, and San Benito Counties (Munz 1959, Olson 
and Lake 1991) reflect the distribution of D. cymosa ssp. paniculata 
and do not refer to D. setchellii, as now recognized. Fourteen sites 
and a total of approximately 33,000 plants are known to exist. The 
plant is threatened by development, unauthorized dumping, and off-road 
vehicles.
    Streptanthus albidus ssp. albidus (Metcalf Canyon jewelflower) was 
first collected in 1887 by Volney Rattan, a botany teacher and author 
of an early California flora, from hillsides a few miles south of San 
Jose. Edward Greene described S. albidus ssp. albidus in 1887 (Greene 
1887); later he redefined the limits of Euclisia, formerly a subgenus 
of Streptanthus, treating it as a genus in its own right (Greene 1904). 
S. albidus ssp. albidus, as a member of the Euclisia group, was 
included in this change. Jepson (1925) returned Euclisia to subsection 
status, and later authors followed his treatment. Jepson (1925) also 
treated S. albidus ssp. albidus as a subspecies of S. glandulosus. 
Kruckeberg published a revision of the Streptanthus glandulosus complex 
in which he recognized the close relationships among S. glandulosus, S. 
[[Page 6676]] albidus, and S. niger (Kruckeberg 1958). In this paper, 
he notes that the ``sharp genetic discontinuity between S. albidus and 
all other populations, coupled with the morphological distinctness and 
regional restriction of S. albidus, warrant the restoration of this 
Greeneian species.'' He recognized two subspecies: S. albidus ssp. 
albidus and S. albidus ssp. peramoenus (Kruckeberg 1958).
    Streptanthus albidus ssp. albidus is an annual herb of the mustard 
family (Brassicaceae) that reaches up to 1 m (3 ft) in height. It has 
bristly hairs at the base and pale green, strongly glaucous stem and 
leaves. The flowers are borne in leafless terminal racemes. The upper 
three of the white to yellow to whitish-green sepals are fused with the 
lower (fourth) sepal free and spreading. The four petals, 8 to 11 mm 
(.3 to .4 in) long, are whitish with light purple veins. The erect 
flattened pods are 3 to 8 cm (1 to 3 in) long. The only Streptanthus 
species likely to co-occur with S. albidus ssp. albidus is its close 
relative Streptanthus albidus ssp. peramoenus. S. albidus ssp. 
peramoenus is distinguished by its dark purple sepals.
    Streptanthus albidus ssp. albidus always has been rare. It is 
endemic to serpentine outcrops with little soil development. It can be 
locally abundant but its range is limited, extending less than 30 km 
(20 miles) from San Jose south to Anderson Lake, which lies northeast 
of Morgan Hill. Furthermore, the serpentine outcrops on which S. 
albidus ssp. albidus occurs are patchily distributed and comprise only 
a small percentage of the area within its range. Nine populations and a 
total of 20,000 to 25,000 plants have been recorded (McCarten 1992b). 
The plant is threatened by urbanization and off-road vehicles.

Previous Federal Action

    Federal government actions on the 12 plants began as a result of 
section 12 of the Endangered Species Act of 1973, as amended (Act), 
which directed the Secretary of the Smithsonian Institution to prepare 
a report on those plants considered to be endangered, threatened, or 
extinct in the United States. This report, designated as House Document 
No. 94-51, was presented to Congress on January 9, 1975, and included 
Cordylanthus tenuis ssp. capillaris (listed as Cordylanthus brunneus 
ssp. capillaris), Calochortus tiburonensis, Ceanothus ferrisae, Cirsium 
fontinale var. fontinale, Clarkia franciscana, Hesperolinon congestum, 
Streptanthus albidus ssp. albidus, and Streptanthus niger as endangered 
species and Castilleja neglecta (now known as Castilleja affinis ssp. 
neglecta) and Eriophyllum latilobum as threatened taxa. The Service 
published a notice in the July 1, 1975, Federal Register (40 FR 27823) 
of its acceptance of the report of the Smithsonian Institution as a 
petition within the context of section 4(c)(2) (petition provisions are 
now found in section 4(b)(3) of the Act) and its intention thereby to 
review the status of the plant taxa named therein. The above 10 taxa 
were included in the July 1, 1975, notice. As a result of that review, 
on June 16, 1976, the Service published a proposal in the Federal 
Register (41 FR 24523) to determine approximately 1,700 vascular plant 
species to be endangered species pursuant to section 4 of the Act. The 
list of 1,700 plant taxa was assembled on the basis of comments and 
data received by the Smithsonian Institution and the Service in 
response to House Document No. 94-51 and the July 1, 1975, Federal 
Register publication. Calochortus tiburonensis, Ceanothus ferrisae, 
Cirsium fontinale var. fontinale, Clarkia franciscana, Cordylanthus 
tenuis ssp. capillaris (listed as Cordylanthus brunneus ssp. 
capillaris), Hesperolinon congestum, Streptanthus albidus ssp. albidus, 
and Streptanthus niger were included in the June 16, 1976, Federal 
Register document.
    General comments received in response to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The Endangered Species Act Amendments of 1978 required that all 
proposals over 2 years old be withdrawn. A 1-year grace period was 
given to those proposals already more than 2 years old. In the December 
10, 1979, Federal Register (44 FR 70796), the Service published a 
notice of withdrawal of the June 16, 1976, proposal, along with four 
other proposals that had expired.
    The Service published an updated notice of review for plants on 
December 15, 1980 (45 FR 82480). This notice included Calochortus 
tiburonensis, Castilleja neglecta, Ceanothus ferrisae, Cirsium 
fontinale var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp. 
capillaris, Hesperolinon congestum, Pentachaeta bellidiflora, 
Streptanthus albidus ssp. albidus, and Streptanthus niger as category-1 
candidates for Federal listing and Eriophyllum latilobum as a category-
2 candidate. Category-1 taxa are those for which the Service has on 
file substantial information on biological vulnerability and threats to 
support preparation of listing proposals. Category-2 taxa are those for 
which data in the Service's possession indicate listing is possibly 
appropriate, but for which substantial data on biological vulnerability 
and threats are not currently known or on file to support proposed 
rules. On November 28, 1983, the Service published in the Federal 
Register a supplement to the Notice of Review (48 FR 39526). This 
supplement changed Ceanothus ferrisae, Cirsium fontinale var. 
fontinale, Pentachaeta bellidiflora, and Streptanthus albidus ssp. 
albidus from category-1 to category-2 candidates.
    The plant notice was again revised on September 27, 1985 (50 FR 
39526). Calochortus tiburonensis, Castilleja neglecta, Clarkia 
franciscana, Eriophyllum latilobum, Hesperolinon congestum, and 
Streptanthus niger were included as category-1 candidates; Ceanothus 
ferrisae, Cirsium fontinale var. fontinale, Cordylanthus tenuis ssp. 
capillaris, Pentachaeta bellidiflora, and Streptanthus albidus ssp. 
albidus were included as category-2 candidates. Another revision of the 
plant notice was published on February 21, 1990 (55 FR 6184). In this 
revision, Castilleja neglecta, Ceanothus ferrisae, Cirsium fontinale 
var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp. 
capillaris, Dudleya setchellii, Eriophyllum latilobum, Hesperolinon 
congestum, Streptanthus albidus ssp. albidus, and Streptanthus niger 
were included as category-1 candidates; Calochortus tiburonensis and 
Pentachaeta bellidiflora were included as category-2 candidates. Since 
the publication of that notice, additional information was received on 
Pentachaeta bellidiflora that elevated it to category-1 status. The 
Service also re-evaluated the information available for Calochortus 
tiburonensis and elevated it to category 1-status. The Service, 
therefore, determines that sufficient information is now available to 
support the listing of these two species.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
certain findings on pending petitions within 12 months of their 
receipt. Section 2(b)(1) further requires that all petitions pending on 
October 13, 1982, be treated as having been newly submitted on that 
date. That was the case for Calochortus tiburonensis, Ceanothus 
ferrisae, Cirsium fontinale var. fontinale, Clarkia franciscana, 
Cordylanthus tenuis ssp. capillaris, Hesperolinon congestum, 
Streptanthus albidus ssp. albidus, Streptanthus niger, Castilleja 
neglecta, and Eriophyllum latilobum, because the 1975 Smithsonian 
report had been accepted as a petition. On October 13, 1982, the 
Service found that the petitioned listing of these species was 
warranted, but precluded by other [[Page 6677]] pending listing 
actions, in accordance with section 4(b)(3)(B)(iii) of the Act; 
notification of this finding was published on January 20, 1984 (49 FR 
2485). Such a finding requires the petition to be recycled, pursuant to 
section 4(b)(3)(c)(i) of the Act. The finding was reviewed in October 
of 1984 through 1991. There are no pending petitions for Pentachaeta 
bellidiflora or Dudleya setchellii.
    A proposed rule to list Castilleja neglecta, Ceanothus ferrisae, 
Cirsium fontinale var. fontinale, Clarkia franciscana, Cordylanthus 
tenuis ssp. capillaris, Dudleya setchellii, Eriophyllum latilobum, 
Pentachaeta bellidiflora, Streptanthus albidus ssp. albidus, and 
Streptanthus niger as endangered and Calochortus tiburonensis and 
Hesperolinon congestum as threatened was published in the Federal 
Register on December 14, 1992 (57 FR 59053). This proposal was based 
primarily on information supplied by reports from the Natural Diversity 
Data Base and observations by botanists.

Summary of Comments and Recommendations

    In the December 14, 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. The public comment period ended on February 12, 1993. 
Appropriate State agencies, county and city governments, Federal 
agencies, scientific organizations, and other interested parties were 
contacted and requested to comment. Newspaper notices were published in 
The Napa Register on January 5, 1993, The Oakland Tribune, January 2, 
1993, San Jose Mercury News, January 3, 1993, San Francisco Chronicle, 
December 31, 1992, and Santa Rosa Press Democrat, no date recorded, 
which invited general public comment. No public hearing was requested 
or held.
    Fifteen written comments were received from 14 individuals. Among 
the 11 commenters supporting the listing were The California Native 
Plant Society, Sierra Club, and Missouri Botanic Garden. Three comments 
were neutral. One commenter opposed the listing of one species. Several 
commenters provided detailed information on the location and size of 
newly recorded populations and the condition of previously recorded 
populations. This data has been incorporated into this rule. The 
opposing comment and other comments questioning the rule have been 
organized into specific issues. These issues and the Service's response 
to each are summarized as follows:
    Issue 1. One commenter stated that the serpentine soils in the 
Santa Clara Valley between the City of San Jose and Anderson Lake have 
not been adequately surveyed for Dudleya setchellii; therefore, the 
current level of knowledge does not warrant listing of this species as 
endangered.
    Service Response: The Santa Clara Valley is the only known habitat 
for this edaphically restricted species, first collected on Tulare Hill 
in 1896. Many surveys have been done in this area, particularly in 
recent years (Entomological Consulting Services 1990; City of San Jose 
1991; City of San Jose 1992; CH<SUP>2M Hill 1992; City of San Jose 
1993). The Service uses the best information available at the time of 
listing to make the determination of endangered status. Current 
information indicates that the majority of known populations are 
located on private land and are threatened imminently with 
urbanization. Three proposed projects, which include residential 
development, a school, a church, roads, and a golf course, in the Santa 
Clara Valley are planned to be built on sites containing populations of 
Dudleya setchellii. Although more populations of this species may be 
discovered, the amount of remaining suitable habitat is limited and 
close to rapidly expanding urban areas. Santa Clara County, which 
contains the Santa Clara Valley from San Jose south to Anderson Lake, 
grew by 1.5 percent from 1991 to 1992 and is predicted to grow by 12.0 
percent by year 2000 (Calif. Dept. of Finance 1992). Any newly found 
sites, therefore, likely will be subject to the same threats as known 
populations. In support of the contention that unrecorded populations 
of D. setchellii exist in the Valley, the commenter included a list of 
11 new populations that he had submitted for addition to the CNPS rare 
plant inventory. Only two of these sites have been accepted by CNPS as 
new populations (R. Bittmann, pers. comm., 1993). In addition, the 
largest of the sites noted by the commenter is an extension of a 
previously known population and is threatened by the proposed Cerro 
Plata Residential and Golf Course Project (CNDDB 1993, City of San Jose 
1993).
    Issue 2. The Director of Public Works, County of San Mateo, voiced 
a concern that the responsibility of maintaining roads for the well 
being and safety of citizens may be in conflict with the Act when road 
crews remove soil and debris containing plants and seeds of Eriophyllum 
latilobum.
    Service Response: Acts prohibited under section 9(a)(2)(B) of the 
Act are described in detail in Available Conservation Measures. The 
Service is concerned over the loss of this species during regular road 
maintenance and continuing soil slippage that results in plant loss; 
however, removal from roadways of debris containing E. latilobum plants 
or seeds that has fallen by natural causes into the roadway is not a 
violation of the Act.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Castilleja affinis (Hook and 
Arn.) ssp. neglecta (Zeile) Chuang and Heck. (Tiburon paintbrush), 
Ceanothus ferrisae McMinn (coyote ceanothus), Cirsium fontinale Jeps. 
var. fontinale (fountain thistle), Clarkia franciscana Lewis and Raven 
(Presidio clarkia), Cordylanthus tenuis Gray ssp. capillaris (Penn.) 
Chuang and Heck. (Pennell's bird's-beak), Dudleya setchellii (Santa 
Clara Valley dudleya), Eriophyllum latilobum Rydb. (San Mateo woolly 
sunflower), Pentachaeta bellidiflora Greene (white-rayed pentachaeta), 
Streptanthus albidus Greene ssp. albidus (Metcalf Canyon jewelflower), 
and Streptanthus niger Greene (Tiburon jewelflower) should be 
classified as endangered species and that Calochortus tiburonensis Hill 
(Tiburon mariposa lily) and Hesperolinon congestum (A. Gray) Small 
(Marin dwarf-flax), should be classified as threatened species. 
Procedures found at section 4 of the Endangered Species Act (16 U.S.C. 
1531 et seq.) and regulations (50 CFR part 424) promulgated to 
implement the listing provisions of the Act were followed. A species 
may be determined to be endangered or threatened due to one or more of 
the five factors described in section 4(a)(1). These factors and their 
application to Calochortus tiburonensis Hill (Tiburon mariposa lily), 
Castilleja affinis (Hook and Arn.) ssp. neglecta (Zeile) Chuang and 
Heck. (Tiburon paintbrush), Ceanothus ferrisae McMinn (coyote 
ceanothus), Cirsium fontinale Jeps. var. fontinale (fountain thistle), 
Clarkia franciscana Lewis and Raven (Presidio clarkia), Cordylanthus 
tenuis Gray ssp. capillaris (Penn.) Chuang and Heck. (Pennell's bird's-
beak), Dudleya setchellii (Santa Clara Valley dudleya), Eriophyllum 
latilobum Rydb. (San Mateo woolly sunflower), Hesperolinon congestum 
(A. Gray) Small (Marin dwarf-flax), Pentachaeta bellidiflora Greene 
(white-rayed pentachaeta), Streptanthus albidus Greene ssp. 
[[Page 6678]] albidus (Metcalf Canyon jewelflower), and Streptanthus 
niger Greene (Tiburon jewelflower) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. The destruction of habitat through 
residential or recreational development is the greatest threat faced by 
these species. All 12 plants are limited to serpentine soils. 
Serpentine outcrops in the San Francisco Bay area are limited; 20 
percent of those outcrops have already been eliminated as plant habitat 
due to development (McCarten 1987b). The pressure to build more houses, 
roads, and other facilities for humans is great in all the counties 
under consideration. In the 3 counties in which 10 of the species are 
found (Marin, San Mateo and Santa Clara), estimated percent population 
growth by year 2000 is 2.8, 6.4, and 12.0 percent, respectively (Calif. 
Dept. of Finance 1992). Sonoma County, which contains one of the 
species, is expected to grow by 21.4 percent by year 2000 (Calif. Dept. 
of Finance 1992). Serpentine habitats also have been fragmented by the 
construction of roads such as Interstate 280. Habitat fragmentation 
increases the risks of extinction due to chance events such as fire, 
flood, landslide, pest or disease outbreaks, severe drought, or other 
natural or human-caused disaster.
    Cordylanthus tenuis ssp. capillaris has never been known from more 
than the two populations that occur today. Ownership of the type 
locality is mixed; part of the population occurs on the Harrison Grade 
Preserve, which is owned and managed by the California Department of 
Fish and Game. Habitat on the preserve is threatened by unauthorized 
activities such as off-road vehicle use. Plants on private parcels are 
threatened with potential development. The second population of 
Cordylanthus tenuis ssp. capillaris occurs on private property a few 
miles to the west of the type locality. Plans for residential 
development of this site have been reviewed by the Sonoma County 
Planning Department (Sigrid Swedenborg, Sonoma County Planning Office, 
pers. comm., 1993). The owner of this property has been working with 
the California Department of Fish and Game to minimize impacts to C. 
tenuis ssp. capillaris (Ann Howald, California Department of Fish and 
Game, pers. comm., 1992). Plans include the donation of 87 hectares 
(ha) (212 acres), including C. tenuis ssp. capillaris habitat, to the 
county for use as a park (S. Swedenborg, pers. comm., 1993). The county 
is considering restricting the park to passive recreation only; 
however, no final policy has yet been determined (Betty Guggolz, pers. 
comm., 1993). This donation may afford protection to part of the second 
population of C. tenuis ssp. capillaris, but since the transfer has not 
yet taken place and final plans have not been made concerning 
protection of the plant, the population still should be considered 
threatened by development.
    Calochortus tiburonensis is, at present, protected from development 
and fenced to reduce the incidence of off-road vehicle use because the 
land on which it occurs is owned and managed by The Nature Conservancy 
(TNC), a group whose management goals are the maintenance of 
biodiversity and the protection of rare and endangered species (Larry 
Serpa, pers. comm., 1992). The preserve is still accessible to 
bicycles, motorbikes, and pedestrians, however, and it is not 
patrolled. The proximity of the preserve to residential areas renders 
it vulnerable to overuse and vandalism. Because TNC cannot completely 
control access to the site or activities on the site, listing is 
needed. Furthermore, this preserve, being on The Nature Conservancy's 
list of potential divestitures, will transfer ownership when a suitable 
organization is found to manage it (Larry Serpa, pers. comm., 1992).
    Castilleja affinis ssp. neglecta has never been widespread. Three 
of the six populations occur on the Tiburon Peninsula in Marin County, 
one occurs in Napa County, and one in Santa Clara County. Two recently 
discovered populations, one on the Golden Gate National Recreation Area 
and one east of Anderson Lake, extend the known range to western Marin 
and Santa Clara Counties, respectively. Each of the three occurrences 
on the Tiburon Peninsula has multiple landowners. The Nature 
Conservancy owns over half of the Ring Mountain occurrence and the town 
of Tiburon owns portions of the occurrence in the Middle Ridge area of 
the peninsula. The remainder of each of these occurrences is privately-
owned. The third occurrence on the peninsula is on private property 
near St. Hilary's Church in Tiburon. Development on the Tiburon 
Peninsula is extensive and rapid; over 60 percent of C. affinis ssp. 
neglecta habitat has already been destroyed by development (Hunter 
1989a). Residential development is ongoing on several parcels of the 
Middle Ridge occurrence and proposed for both parcels of the St. 
Hilary's occurrence (Andrew Allen, pers. comm., 1993). The habitat at 
both of these sites also is threatened by pedestrian traffic. The 
plants on Ring Mountain Preserve are protected from development but are 
threatened by sliding of the slope on which they occur. The toe of the 
slope was removed to accommodate residential development in the 1960s. 
Soil material that slides into the street at the base of the slope is 
removed by the City of Corte Madera, and the slope continues to slump. 
Managers from The Nature Conservancy estimate that approximately one-
third of the population is at risk (Lynn Lozier, The Nature 
Conservancy, pers. comm., 1992). The Napa County population occurs on 
private property near a gravel quarry. Although quarry expansion plans 
that would result in the destruction of more than 80 percent of the 
population are no longer actively being pursued, the potential for 
expansion still exists. The Santa Clara population consists of 13 
plants that may be subject to grazing (R. Bittmann, pers. comm., 1993).
    Streptanthus niger is an extremely narrowly-distributed species; 
its entire range amounts to less than one-third of a square mile. Urban 
development has destroyed over 40 percent of potential S. niger habitat 
(Hunter 1989b). Both of the two known occurrences have multiple 
landowners. The town of Tiburon owns portions of the occurrence on the 
Middle Ridge of the peninsula, and the occurrence at St. Hilary's 
Church in Tiburon is owned in part by the Tiburon Landmark Society. The 
remainder of each of these two occurrences is privately-owned and 
proposed for development. An area containing 20 plants adjacent to one 
of the parcels recently was bulldozed for construction of condominiums 
(Andrew Allen, pers. comm., 1993). Residential development is ongoing 
at several parcels of the Middle Ridge occurrence (Eva Buxton, 
Belvedere-Tiburon Landmark Society, pers. comm., 1993, Andrew Allen, 
pers. comm., 1993).
    Clarkia franciscana was once thought to be restricted to the 
Presidio in San Francisco County but about 10 years ago, a population 
was discovered in Alameda County in the Oakland Hills. The two 
populations in San Francisco County occur at the Presidio, currently 
owned by the National Park Service. These populations are threatened by 
habitat degradation. Pedestrian and mountain bicycle traffic on and 
near casually established ``social trails'' threatens the habitat.
    The three populations of Clarkia franciscana in Alameda County are 
all threatened by alien species (see Factor E). The smallest of the 
three, consisting of 30 plants (Olson 1991c), occurs on an undeveloped 
site adjacent to a proposed 32-unit residential development (Nixon 
[[Page 6679]] Lamb, Oakland Planning Dept., pers. comm., 1993).
    One occurrence of Cirsium fontinale var. fontinale has been 
reported from Santa Clara County, but the site is thought to have been 
destroyed by urbanization (Niehaus 1977). The three remaining 
populations grow in San Mateo County. The largest population occurs to 
the east of Crystal Springs Reservoir and north of State Highway 92, 
along both sides of Interstate 280. It occurs partly on San Francisco 
Water Department land and partly on a California Department of 
Transportation right-of-way. Given its proximity to the roadside, it is 
likely to be affected by any highway projects in the area. Major 
realignments of Highway 92 were planned several years ago but the plans 
have been abandoned due to lack of funding (Richard Vonarb, California 
Department of Transportation, pers. comm., 1992). They could be 
revived, however, if funding becomes available. At present, a smaller 
project to widen Highway 92 east of the reservoir causeway is under 
review. Provision for the removal of water from the increased road 
surface may adversely affect some of the plants. The California 
Department of Transportation is aware of the plant locations and 
vulnerability. The proposed construction of multi-use recreational 
trails on San Francisco Water Department land presents an additional 
threat. Trail construction would threaten the plants through direct 
destruction of the habitat or through modification of hydrologic 
regimes. Because C. fontinale var fontinale is dependent upon seeps and 
springs to provide abundant soil moisture, any disruption in the flow 
of water (such as that caused by road, trail, or drain construction) 
would threaten the plants.
    A second and substantially smaller population of Cirsium fontinale 
var. fontinale occurs in the ``Triangle'' west of Interstate 280. One 
to two hundred plants have been observed on San Francisco Water 
Department lands; an outlying colony of about 25 plants occurs on an 
easement held by the California Department of Transportation. This 
colony occupied a smaller territory in 1992 than it had in previous 
years (Susan Sommers, pers. comm., 1992). The plants on Water 
Department land are threatened by proposed trail construction, as 
discussed for Hesperolinon congestum. In addition, a general management 
plan for the Water Department lands currently is being developed (Ed 
Stewart, San Francisco Water Department, pers. comm., 1992).
    The single specimen of Cirsium fontinale var. fontinale in Edgewood 
County Park occurs in a drainage ditch beside a trail. Clearing of the 
ditch to improve or maintain drainage could damage or destroy this 
plant or any seedlings it may produce.
    Eriophyllum latilobum has been reported from only two locations, 
one of which is likely erroneous (specimen misidentified, according to 
Barry Prigge, pers. comm., 1992). The single remaining population 
consists of about 300 plants that occur along 4 km (2.5 miles) of 
Crystal Springs Road in San Mateo County. Seventy-five percent of the 
plants occur within 9 m (30 ft) of the road, where land ownership is 
poorly defined (McGuire and Morey 1992). The City of Hillsborough, the 
County of San Mateo, and the San Francisco Water Department have 
varying jurisdictions over the land. The steep slopes along Crystal 
Springs Road provide a very unstable habitat for E. latilobum. The 
slopes are subject to erosion and soil slippage. After soil slippage 
occurs, road maintenance crews remove the slumped soil, which may 
contain mature individuals, seedlings, and/or seeds of E. latilobum. 
The road cut is then reshaped, which may damage plants remaining on the 
banks. The proposed construction of the San Mateo Creek Trail (McGuire 
and Morey 1992) would have adverse impacts on the plant if trail design 
does not incorporate plant conservation. The paved trail, which is 3 m 
(10 ft) wide, is expected to run adjacent to Crystal Springs Road from 
Skyline Boulevard to the San Mateo City boundary. Construction of the 
trail could damage or eliminate colonies of E. latilobum, alter site 
hydrology, accelerate soil erosion through increased pedestrian and 
bicycle traffic, and allow for the introduction of aggressive alien 
plant species.
    Fourteen populations of Hesperolinon congestum exist. One Marin 
County population is protected at The Nature Conservancy's Ring 
Mountain Preserve. Two relatively small populations occur on land owned 
by the Marin Municipal Water District. Another small population is 
found in the Golden Gate National Recreation Area above Nicasio 
Reservoir. A fifth population occurs, in part, on a small preserve at 
St. Hilary's Church and, in part, on private land which recently has 
been proposed for development (Robison and Morey 1992a). The sixth 
Marin County site is the Middle Ridge area of the Tiburon Peninsula, on 
which occur a few scattered groups of plants. Some plants grow on land 
designated as open space by the city of Tiburon. The remainder of the 
plants occur on private land and are threatened by ongoing or proposed 
residential development.
    One population of Hesperolinon congestum is known from San 
Francisco County. Footpaths through the population threaten the plants 
with trampling (Robison and Morey 1992a).
    In San Mateo County, three populations of Hesperolinon congestum 
are known to occur on private property. These plants are threatened by 
proposed development and by the consequences of recently completed 
development, such as trampling, trash dumping, and changes in hydrology 
caused by irrigation runoff (Robison and Morey 1992a). Two populations 
occur on land owned by the San Francisco Water Department. Their 
habitat is threatened by the proposed construction of trails in the 
watershed. The construction of these trails and the accompanying fences 
may damage Hesperolinon congestum habitat.
    Pentachaeta bellidiflora historically ranged from Marin County to 
Santa Cruz County. Three populations in Marin County and two in San 
Mateo County were destroyed by urbanization. One Marin County 
occurrence was destroyed by off-road vehicles. Two sites in Santa Cruz 
County no longer support P. bellidiflora (Robison and Morey 1992b). The 
single remaining population of P. bellidiflora was bisected by the 
construction of California Interstate 280 in the late 1960s. The 
largest portion of the population occurs in the Triangle, on land 
administered by the San Francisco Water Department. A small remnant of 
this population is located to the east of Interstate 280, on Edgewood 
County Park. The proposed construction of trails on Water Department 
land threaten the P. bellidiflora habitat (Robison and Morey 1992b).
    Ceanothus ferrisae is known from three populations in Santa Clara 
County. The largest population, consisting of approximately 5,000 
plants, occurs near Anderson Dam, partially on Santa Clara County Park 
property and partially on private property. The county proposes further 
recreational development in the park, which threatens Ceanothus 
ferrisae (Chris Nagano, U.S. Fish and Wildlife Service, pers. comm., 
1992). An outlying population occurs 3.2 km (2 miles) west on land 
leased and managed by a waste management firm. Waste Management, Inc. 
and The Nature Conservancy jointly funded research on C. ferrisae; a 
three-year monitoring program at the Waste Management site has shown no 
evidence of natural recruitment. A fire killed 95 percent of the plants 
in this population in 1992. No seed production or seedlings have been 
observed since that time (Kathy Freas, CH<SUP>2M Hill, in litt., 1993). 
[[Page 6680]] Researchers have found that C. ferrisae is relatively 
easy to propagate from seed, and both Waste Management and the Santa 
Clara Valley Water District have been experimenting with the use of C. 
ferrisae for revegetation projects. The third population, consisting of 
approximately 500 plants (Corelli 1989) occurs on private land 
scheduled for development.
    Dudleya setchellii always has been restricted to the Coyote Valley 
area of Santa Clara County. Eleven of the 14 populations are on private 
land and are subject to various levels of threat due to development. 
The three northernmost populations, which occur in southeastern San 
Jose, and the three southernmost populations, which occur in the area 
around Morgan Hill, approximately 27 km (17 miles) southeast of San 
Jose, are at greatest risk. One of the northern populations is 
threatened with the proposed Cerro Plata Project, consisting of 550 
dwelling units and a 67 ha (164 ac) golf course on a 236 ha (575 ac) 
site. This population contains approximately 20,000 plants, 61 percent 
of all known plants, of which approximately 2,380 would be directly 
eliminated by planned construction activities (City of San Jose 1993). 
All remaining plants would be exposed to human activities during and 
after construction that would result in significant impacts to the 
population. These impacts include potentially harmful runoff from an 
upslope golf course, introduction of weedy species during construction, 
and uncontrolled foot traffic. Another of the northern sites is 
threatened by the proposed construction of the Valley Christian School 
and South Valley Christian Church. This construction would eliminate 74 
percent of the approximately 1,900 D. setchellii plants found on the 
site (City of San Jose 1992). The other four sites also are developing 
rapidly and have been proposed for development at one time or another. 
Two of the central populations also are threatened with imminent 
development including residential development and road construction. 
One central population, due to its proximity to an off-road motorcycle 
park, may be threatened by off-road motorcycle traffic and unauthorized 
dumping. The remaining two populations that occur on private land are 
on the grounds of the IBM Bailey Avenue laboratory. The company 
apparently plans to preserve the habitat (McCarten 1992a). Three 
populations occur on land owned by Santa Clara County. Of these, two 
populations occur in county parks.
    The known historical distribution of Streptanthus albidus ssp. 
albidus is as restricted as its current distribution. It is found only 
in the Coyote Valley area of Santa Clara Valley, primarily on the east 
side of the valley. Of the 13 documented sites, 9 are known to still 
harbor plants. Two populations are known to have been extirpated, one 
by the construction of Anderson Dam, and the other as a result of being 
covered by fill from a housing development. Two occurrences are known 
from herbarium records only. One of these historical sites was 
revisited in 1990, but no plants were found. Streptanthus albidus ssp. 
albidus was last observed at the other historical site in 1895. One 
population consisting of approximately 9,000 plants, approximately 45 
percent of all known plants, occurs on the proposed site of the Cerro 
Plata residential and golf course project (City of San Jose 1993). 
Although no direct destruction of any plants is planned, construction 
activities, human disturbance, and habitat fragmentation would result 
in significant impacts to the population. The proposed construction of 
the Valley Christian School and South Valley Christian Church would 
destroy 61 percent of the 2,700 plants occurring on the site (City of 
San Jose 1992). The remaining seven populations also are threatened by 
impending or potential development.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. Overutilization is not currently known to be a 
factor for any of the 12 plants, but unrestricted collecting for 
scientific or horticultural purposes or excessive visits by individuals 
interested in seeing rare plants could result from increased publicity 
as a result of this final rule. Calochortus tiburonensis is a 
strikingly unusual member of a much-collected genus. Eriophyllum 
latilobum, with its showy golden flowers and proximity to roads and the 
proposed San Mateo Creek trail, might prove to be especially tempting 
to collectors. Dudleya setchellii also is vulnerable because of the 
horticultural appeal of succulents and the slow growth of the plants. 
The remaining plants are usually not spectacular in flower, but may 
nonetheless appeal to collectors because of their rarity.
    C. Disease or predation. Both horses and deer have been reported to 
browse on Cordylanthus tenuis ssp. capillaris but the number of plants 
damaged generally appears to be minimal (Lynn Lozier, pers. comm., 
1992). Cattle grazing has been reported to threaten the western Marin 
population of Castilleja affinis ssp. neglecta (Martin 1991) and a 
portion of the American Canyon occurrence (Hunter 1989a). Another 
source suggests, however, that cattle provide little threat to the 
American Canyon population because the plants occur on a very steep 
slope (Jake Ruygt, Napa Valley Chapter, California Native Plant 
Society, pers. comm., 1992). Grazing threatens one population of 
Streptanthus albidus ssp. albidus in southeast San Jose and three 
populations in the Metcalf Canyon/south Coyote area (McCarten 1992b).
    Seed predation by beetle larvae has been reported for Cirsium 
fontinale var. fontinale (Dean Kelch, University of California, Davis, 
pers. comm., 1992), however, the impact of this seed predation on C. 
fontinale var. fontinale is unknown. Beetle larvae also have been 
observed in seed heads of Eriophyllum latilobum, however, the extent of 
predation is unknown (McGuire and Morey 1992).
    D. The inadequacy of existing regulatory mechanisms. Under the 
Native Plant Protection Act (Division 2, Chapter 10, section 1900 et 
seq. of the Fish and Game Code) and California Endangered Species Act 
(Division 3, Chapter 1.5, section 2050 et seq.), the California Fish 
and Game Commission has listed three of these species (Cirsium 
fontinale var. fontinale, Clarkia franciscana, and Streptanthus niger) 
as endangered, two species (Calochortus tiburonensis and Castilleja 
affinis ssp. neglecta) as threatened, and one species (Cordylanthus 
tenuis ssp. capillaris) as rare. The California Fish and Game 
Commission recently voted to list two other species (Eriophyllum 
latilobum and Pentachaeta bellidiflora) as endangered, and one species 
(Hesperolinon congestum) as threatened. Although both statutes prohibit 
the ``take'' of State-listed plants (Chapter 1.5 section 2080 and 
Chapter 10 section 1908), State law appears to exempt the taking of 
such plants via habitat modification or land use change by the 
landowner. After the California Department of Fish and Game notifies a 
landowner that a State-listed plant grows on his or her property, State 
law requires only that the landowner notify the agency ``at least ten 
days in advance of changing the land use to allow salvage of such 
plant.'' (Chapter 10 section 1913).
    The California Environmental Quality Act (CEQA) requires a full 
public disclosure of the potential environmental impacts of proposed 
projects. 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 other agencies 
concerned with resources affected by [[Page 6681]] 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.'' Species that are eligible 
for listing as rare, threatened, or endangered, but are not so listed, 
are given the same protection as those species that are officially 
listed with the State. Once significant effects are identified, the 
lead agency has the option to require mitigation for effects through 
changes in the project or to decide that overriding considerations make 
mitigation infeasible. In the latter case, projects may be approved 
that cause significant environmental damage, such as destruction of 
endangered species or their habitat. The protection of threatened and 
endangered species through CEQA is, therefore, dependant upon the 
discretion of the lead agency involved and, in practice, statements of 
overriding considerations are commonly prepared.
    Three of the species occur at Edgewood County Park in San Mateo 
County. The park was designated on May 5, 1992, as a natural preserve; 
however, this designation was revoked in August of the same year. The 
park, subsequently, was considered as a site for construction of a golf 
course, although this plan has been rejected and the park will continue 
to be managed as public open space (Richard Silver, San Mateo County 
Board of Supervisors, pers. comm., 1993).
    Section 404 of the Clean Water Act regulates the placement of 
dredge and fill materials into waters of the United States (including 
small acreages above the headwaters of streams). The U.S. Army Corps of 
Engineers (Corps) is the agency responsible for administering the 
section 404 program. The Service, as part of the section 404 review 
process, provides advisory comments on both pre-discharge notices for 
nationwide permits and public notices for individual permits.
    Under section 404, nationwide permits, which undergo minimal public 
and agency review, can be issued for projects involving less than 10 
acres of waters of the United States and adjacent wetlands, unless a 
listed species may be adversely affected. Individual permits, which are 
subject to more extensive review, are required for projects that affect 
greater than 4.1 ha (10 acres). A project proponent planning to fill 
less than 0.4 ha (1 acre) is only required to notify the Corps of their 
intent to fill wetlands. Compensatory mitigation generally is not 
required for projects affecting less than 0.4 ha (1 acre). 
Additionally, the loss of upland watersheds, which are not protected, 
may result in altered wetland hydrology and may adversely affect the 
plants. In practice, the Corps' actions under section 404 would not 
adequately protect Cirsium fontinale var. fontinale, which occurs in 
riparian serpentine seep areas.
    Most projects within the range of Cirsium fontinale var. fontinale 
may require approval from the Corps, as currently described in section 
404 of the Clean Water Act. Federal listing of this species would 
ensure greater consideration of the effects of permitted actions during 
the review process as well as provide the protections of section 7 of 
the Act.
    E. Other natural or manmade factors affecting its continued 
existence. As discussed in the ``Background'' section, the large and 
still increasing numbers of people in the San Francisco Bay area place 
a great strain on undeveloped wildlands, through activities such as 
pedestrian and off-road vehicle traffic, hiking and bicycle trails, and 
unauthorized garbage dumping. Disturbance may directly impact plants; 
it can increase erosion and allow the invasion of alien species such as 
the many introduced annual grasses common in California. Competition 
with introduced species is a serious threat to serpentine natives 
(McCarten 1987b). Edaphic specialists (plants restricted to a certain 
soil type) with small populations such as the serpentine species 
discussed herein, may have low genetic variability (Menges 1991). As a 
result, populations that become subdivided by alterations in habitat 
from road construction and urbanization or from natural catastrophes 
such as disease, fire, or drought, may be at high risk of genetic 
changes that decrease the ability of the populations to survive (Menges 
1991).
    Cordylanthus tenuis ssp. capillaris growing along roadsides is 
threatened by roadside maintenance such as mowing and spraying (Lynn 
Lozier, pers. comm., 1992). Vehicular traffic threatens plants in and 
near the parking area at the Harrison Grade Reserve, which is poorly 
defined and close to the plant population (McCarten 1987a). 
Unauthorized dumping of large items such as bottles, furniture, 
appliances, and cut wood is also a threat. Light disturbance at the 
Harrison Grade Reserve, such as infrequent grading of dirt roads, 
appears to increase the numbers of C. tenuis ssp. capillaris (Lynn 
Lozier, pers. comm., 1992), but higher levels of disturbance may 
facilitate the invasion of alien species (McCarten 1987a) and result in 
a decline of C. tenuis ssp. capillaris. The limited number and isolated 
condition of these populations make this species susceptible to 
stochastic extinction (Menges 1991).
    Calochortus tiburonensis is threatened, by virtue of its occurrence 
in a single population, with chance events such as fire, severe 
drought, pest or disease outbreak, landslides, or other natural or 
human-caused disasters. The proximity of the plant to a large human 
population increases the likelihood that human-caused disasters or acts 
of vandalism could affect the plants or their habitat. The preserve is 
fenced to reduce the incidence of off-road vehicle use, but is still 
accessible to bicycles, motorbikes, and pedestrians, and it is not 
patrolled. Pedestrian traffic threatens both of the Streptanthus niger 
populations.
    The Presidio, which contains one of the two populations of C. 
franciscana, represents a significant natural and cultural resource 
within San Francisco city limits, and is expected to be heavily used by 
visitors since its transfer to the National Park Service (T. Thomas, 
pers. comm., 1992). The heavy use will increase the negative impact of 
traffic on C. franciscana. The species presently is threatened by road 
maintenance (mowing) at the Presidio. Mowing of grasslands before the 
C. franciscana has set seed also threatens the populations. Populations 
at the Presidio also are threatened by the encroachment of alien plant 
species, including Senecio mikanioides (German ivy), Carpobrotus sp. 
(iceplant), Rubus spp. (blackberries), and by natives planted outside 
their natural range, such as Pinus radiata (Monterey pine) (California 
Department of Fish and Game 1988). The population size at the type 
locality increased following removal of alien plant species in the late 
1980s. Constant vigilance and effort is needed to prevent reinvasion.
    At latest report, the largest population of Clarkia franciscana, 
occurring at Redwood Regional Park in Alameda County, consisted of 
4,000 to 5,000 plants (Gottlieb and Edwards 1992, Olson 1991a). The 
East Bay Regional Park District is aware of the Clarkia franciscana 
population and has been taking it into account in their management 
plans (Ray Budzinski, East Bay Regional Park District, pers. comm., 
1992). The habitat is threatened by competition with annual grasses 
(Ray Budzinski, pers. comm., 1992) and other alien plants, including 
Cortaderia selloana (pampas grass) and Cytisus monspessulanus (French 
broom) (Olson 1991a). The two smaller populations in Alameda County, 
consisting of 200 plants (Olson 1991b) and 30 plants (Olson 1991c), 
respectively, also are [[Page 6682]] threatened by alien species 
Cytisus monspessulanus and Cortaderia jubatum. Low viability caused by 
harmful genetic changes may result from inbreeding in small populations 
(Barrett and Kohn 1991). The larger of the two populations occurs on a 
roadcut.
    The Crystal Springs Reservoir population of Cirsium fontinale var. 
fontinale is threatened by several factors, including roadside 
maintenance. The California Department of Transportation is aware of 
the rare plants in this area, and the maintenance division submits 
spraying plans for internal environmental review before spraying in the 
area where plants are known to occur (Richard Vonarb, pers. comm., 
1992). Alien plants such as Cortaderia selloana have established 
themselves near the C. fontinale var. fontinale, and threaten several 
subpopulations (Zoe Chandik, pers. comm., 1992). Dumping of garden 
debris from households on the ridge above the plants covers plants and 
renders the habitat unsuitable for plant establishment and growth. It 
has been suggested that C. fontinale var. fontinale may be threatened 
with hybridization with Cirsium quercetorum, but only one hybrid has 
been collected in recent years, so this is not thought to be a serious 
problem (Dean Kelch, pers. comm., 1992). In addition, seed predation of 
this species has been observed (Dean Kelch, pers. comm., 1992) and may 
add to the vulnerability of the species to elimination by chance 
events.
    Eriophyllum latilobum is threatened by many factors. Dumping of 
garden debris and downhill seepage of pesticides from homeowners living 
above the population may have negative impacts on E. latilobum habitat. 
The plant also is threatened by competition with alien plants; its 
habitat is more densely populated with Carduus sp. and Bromus sp. than 
it was 10 years ago (John Mooring, pers. comm., 1992). Road maintenance 
also threatens E. latilobum. San Mateo County road maintenance crews 
were alerted to the existence of E. latilobum in 1990, and instructed 
to avoid the plants by the San Mateo County Planning Department; 
however, road maintenance activities are not monitored to ensure 
protection (Roman Gankin, San Mateo County Planning Division, pers. 
comm. to Teri McGuire, Botanist, California Department of Fish and 
Game, cited in McGuire and Morey 1992). San Mateo County Department of 
Public Works has eliminated the use of weed sprays along the section of 
road where the species occurs (Robert Sans, Director of Public Works, 
San Mateo Co., in litt., 1993). E. latilobum is not a vigorous 
reproducer; low germination rates and low seedling survival have been 
observed under greenhouse conditions (John Mooring, in litt., 1992; 
McGuire and Morey 1992). Because of the existence of only a single 
population exhibiting low viability and located in an unstable habitat, 
this species is extremely vulnerable to stochastic extinction (Menges).
    Hesperolinon congestum is threatened by the encroachment of native 
shrubs in San Francisco County. In San Mateo County, all three 
populations are threatened by trash dumping as a consequence of 
recently completed development. In addition, a portion of the H. 
congestum population located in Edgewood Park is suffering from foot 
traffic and inadequate trail maintenance (S. Sommers, in litt., 1993).
    Pentachaeta bellidiflora potentially is threatened by competition 
from alien plant species; this competition becomes a problem when the 
soils are disturbed (Robison and Morey 1992b). If proposed trail 
construction occurs on the site, the soil disturbance could result in 
encroachment and competition from non-native species.
    Ceanothus ferrisae is threatened by unauthorized dumping of litter 
and larger debris at the Anderson Dam site. Dumping can degrade or 
threaten a habitat by directly killing the plants, depriving them of 
light, or disturbing the soil, thus promoting erosion and the invasion 
of weedy, competitive species.
    Streptanthus albidus ssp. albidus is threatened by dumping and off-
road motorcycle use. Road maintenance or construction threaten 
populations that occur on roadcuts.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by these species in determining to make this rule 
final. These 12 plants are endemic to a very specific habitat that 
occurs in scattered outcrops. The rapid urban development in the San 
Francisco Bay region offers the greatest threat to these plants. 
Development has eliminated nearly 20 percent of the serpentine habitat 
in the last 20 years (McCarten 1987b). The remaining habitat is 
fragmented from road and urban construction and increasingly will 
become impacted with predicted growth in population centers. The 12 
species are threatened further by the invasion of alien species, 
roadside maintenance, soil erosion and slipping, garbage dumping, 
livestock grazing, seed predation, and small population sizes that 
increase their vulnerability to chance events such as fire, flood, 
drought, pest and disease outbreaks, and other natural and human-caused 
disasters.
    Cordylanthus tenuis ssp. capillaris occurs in only two sites. One 
is threatened by off road vehicle use; the second site, although 
proposed for protection as a county park, is threatened potentially by 
foot traffic. Five of the six populations of Castilleja affinis ssp. 
neglecta are threatened by development, foot traffic, and a nearby 
quarry. The two populations of Streptanthus niger are threatened by 
residential development and road construction. Clarkia franciscana is 
known from five populations that are imperiled by potential 
development, foot traffic and competition from alien plants. Proposed 
trail and road construction threaten the three remaining populations of 
Cirsium fontinale var. fontinale. The single remaining population of 
Eriophyllum latilobum occurs on steep slopes subject to erosion that 
could be accelerated by a proposed bike trail. It is extremely 
vulnerable to extinction from random events. The single remaining 
population of Pentachaeta bellidiflora, which has been bisected by 
Highway 280, is threatened by proposed trail construction. It is also 
extremely vulnerable to random events. Ceanothus ferrisae occurs in 
three populations threatened by proposed residential and recreational 
development; 95 percent of one population was recently destroyed by 
fire. Eleven of the 14 populations of Dudleya setchellii occur on 
private land and are threatened by a proposed golf course and by 
residential, school, church and road construction. Proposed residential 
and golf course construction, and grazing threaten the nine populations 
of Streptanthus albidus ssp. albidus.
    These species are in danger of extinction throughout all or a part 
of their range, and the preferred action is, therefore, to list 
Castilleja affinis ssp. neglecta, Ceanothus ferrisae, Cirsium fontinale 
var. fontinale, Clarkia franciscana, Cordylanthus tenuis ssp. 
capillaris, Dudleya setchellii, Eriophyllum latilobum, Pentachaeta 
bellidiflora, Streptanthus albidus ssp. albidus, and Streptanthus niger 
as endangered. Two species are not now in immediate danger of 
extinction throughout all or a significant portion of their range. The 
single known population of Calochortus tiburonensis is protected by The 
Nature Conservancy, however, its proximity to human population centers 
and surrounding development make it vulnerable to catastrophic events. 
Proposed residential development and foot traffic 
[[Page 6683]] threaten 10 of the 14 populations of Hesperolinon 
conjestum. If appropriate management actions are not taken to protect 
these two species, they are likely to become in danger of extinction in 
the near future. As a result, the preferred action is to list 
Calochortus tiburonensis and Hesperolinon congestum as threatened.
    Alternatives to this action were considered but not preferred. Not 
listing the species or listing Castilleja affinis ssp. neglecta, 
Ceanothus ferrisae, Cirsium fontinale var. fontinale, Clarkia 
franciscana, Cordylanthus tenuis ssp. capillaris, Dudleya setchellii, 
Eriophyllum latilobum, Pentachaeta bellidiflora, Streptanthus albidus 
ssp. albidus, and Streptanthus niger as threatened would not provide 
adequate protection and would not be in keeping with the Act.

Critical Habitat

    Section 4(a)(3) of the Act requires that, to the maximum extent 
prudent and determinable, the Secretary designate critical habitat 
concurrently with determining a species to be endangered or threatened. 
The Service finds that designation of critical habitat is not prudent 
for these species. Because the 12 plants face numerous anthropogenic 
threats (see Factors A and E in ``Summary of Factors Affecting the 
Species'') and occur predominantly 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 and increase enforcement problems. The listing of these species 
as endangered or threatened also publicizes the rarity of these plants 
and, thus, can make them attractive to researchers or collectors of 
rare plants. Furthermore, critical habitat designation is not prudent 
due to lack of benefit to the species. All 12 species discussed herein 
are restricted to serpentine soils. Several of the species, Eriophyllum 
latilobum, Calochortus tiburonensis, Streptanthus niger, and 
Streptanthus albidus ssp. albidus likely have always been confined to 
their present habitat. No areas outside of their present range are 
known to have supported these plants in the past; therefore, no 
additional sites exist that could be considered essential to the 
species' recovery. For these reasons, the Service finds that 
designation of critical habitat for the 12 species is not prudent 
because it would provide no additional benefits to the species beyond 
those they would receive by virtue of their designation as endangered 
or threatened species. The proper agencies have been notified of the 
locations and importance of protecting the habitat of these species.
    Protection of the habitat of these species will be addressed 
through the recovery process and through the section 7 consultation 
process. Therefore, the Service finds that designation of critical 
habitat for these plants is not prudent at this time, because such 
designation likely would increase the degree of threat from vandalism, 
collecting, or other human activities.

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 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 State and requires that recovery actions be 
carried out for all listed species. Such actions are initiated by the 
Service following listing. 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 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)(4) of the Act requires Federal agencies to confer with the 
Service on any action that is likely to jeopardize the continued 
existence of a proposed species or result in destruction or adverse 
modification of proposed critical habitat. If a species is listed 
subsequently, section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or to destroy or 
adversely modify its critical habitat. If a Federal action may affect a 
listed species or its critical habitat, the responsible Federal agency 
must enter into formal consultation with the Service.
    Federal activities potentially affecting 1 or more of the 12 plants 
will likely involve recreation-related projects and perhaps grazing 
practices on Federal land. Populations of 3 of the 12 plants occur on 
Federal land. Two populations of Hesperolinon congestum and one of 
Castilleja affinis ssp. neglecta occur on the Golden Gate National 
Recreation Area. Two populations of Clarkia franciscana occur at the 
Presidio.
    The San Francisco Water Department owns 9,300 ha (23,000 acres) of 
land in San Mateo County. In 1969, a four-party agreement among the 
U.S. Department of the Interior, the State of California, San Mateo 
County, and the City and County of San Francisco established easements 
on the watershed lands to ensure that all future land use would be 
compatible with water quality criteria. These easements were granted to 
the U.S. Department of the Interior and are jointly administered by the 
San Francisco Water Department and the Golden Gate National Recreation 
Area. Populations of Cirsium fontinale var. fontinale, Eriophyllum 
latilobum, Hesperolinon congestum, and Pentachaeta bellidiflora occur 
on Water Department land.
    Hesperolinon congestum, Pentachaeta bellidiflora, Dudleya 
setchellii, and Streptanthus albidus ssp. albidus co-occur with the bay 
checkerspot butterfly (Euphydryas editha bayensis) in San Mateo and 
Santa Clara counties. The bay checkerspot is listed as a threatened 
species under the Endangered Species Act. Permits for incidental take 
of this species granted under section 10(a) of the Act may affect the 
plant species listed above. Preparation of Habitat Conservation Plans 
for the bay checkerspot butterfly may, therefore, require internal 
section 7 consultation with regard to the four species listed above.
    The 12 plants also may be affected by Federal mortgage programs, 
including the Veterans' Administration and the U.S. Department of 
Housing and Urban Development (Federal Home Administration loans), or 
by construction of roads and highways by the Federal Highway 
Administration. The Service is concerned over the loss of Eriophyllum 
latilobum during regular road maintenance and continuing soil slippage 
that results in plant loss; however, removal from roadways of debris 
containing E. latilobum plants or seeds that has fallen by natural 
causes into the roadway is not a violation of the Act.
    At least one proposed project that may affect two of the plants 
also involves wetlands under the jurisdiction of the U.S. Army Corps of 
Engineers.
    Listing these 12 plants will provide for development of a recovery 
plan (or plans) for them. Such plan(s) would bring together both State 
and Federal efforts for conservation of the plants. The plan(s) would 
establish a framework for agencies to coordinate 
[[Page 6684]] activities and cooperate with each other in conservation 
efforts. The plan(s) would set recovery priorities and estimate costs 
of various tasks necessary to accomplish them. They also would describe 
site-specific management actions necessary to achieve conservation and 
survival of the 12 serpentine plant species.
    The Act and its implementing regulations found at 50 CFR 17.61, 
17.62, and 17.63 for endangered species and 17.71 and 17.72 for 
threatened species set forth a series of general prohibitions and 
exceptions that apply to all endangered or threatened plants. With 
respect to the 12 plants from San Francisco Bay area serpentine 
habitats, all prohibitions of section 9(a)(2) of the Act, implemented 
by 50 CFR 17.61 or 17.71, would 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; remove and reduce to possession the 
species from areas under Federal jurisdiction; maliciously damage or 
destroy any such species on any area under Federal jurisdiction; or 
remove, cut, dig up, damage, or destroy any such endangered plant 
species on any other area in knowing violation of any State law or 
regulation or in the course of any violation of a State criminal 
trespass law. Certain exceptions apply to agents of the Service and 
State conservation agencies. 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 plant species 
under certain circumstances. The Service anticipates few trade permits 
would ever be sought or issued for the 12 species because the plants 
are not common in cultivation or in the wild.
    It is the policy of the Service (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 the listing on proposed or ongoing activities. 
Activities affected by the listing were discussed previously in this 
section. The Service does not at this time know of any other activities 
affected by this listing.
    Questions regarding whether specific activities will constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Sacramento Office (see ADDRESSES section). Requests for 
copies of the regulations on listed plants and inquiries regarding them 
may be addressed to the U.S. Fish and Wildlife Service, Ecological 
Services, Permits Branch, 911 N.E. 11th Avenue, Portland, Oregon 97232-
4181 (503/231-6241; FAX 503/231-6243).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment, 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 Act. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

    A complete list of all references cited herein is available, upon 
request, from the Field Supervisor, Sacramento Field Office (see 
ADDRESSES section).

    Author: The primary author of this final rule is Elizabeth 
Warne, U.S. Fish and Wildlife Service, Sacramento 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.

Regulations 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 species, in 
alphabetical order under the families indicated, and by adding a new 
family ``Linaceae--Flax Family,'' in alphabetical order, to the List of 
Endangered and Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
              Species                                                                                           
------------------------------------  Historic range    Status      When listed      Critical      Special rules
 Scientific name      Common name                                                     habitat                   
----------------------------------------------------------------------------------------------------------------
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Asteraceae--Aster                                                                                               
 family:                                                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Cirsium        Fountain thistle  U.S.A. (CA)....  E                      575              NA              NA
     fontinale                                                                                                  
     var.                                                                                                       
     fontinale.                                                                                                 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Eriophyllum    San Mateo woolly  U.S.A. (CA)....  E                      575              NA              NA
     latilobum.     sunflower.                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Pentachaeta    White-rayed       U.S.A. (CA)....  E                      575              NA              NA
     bellidiflora.  pentachaeta.                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Brassicaceae--Mus                                                                                               
 tard family:                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Streptanthus   Metcalf Canyon    U.S.A. (CA)....  E                      575              NA              NA
     albidus ssp.   jewelflower.                                                                                
     albidus.                                                                                                   
    Streptanthus   Tiburon           U.S.A. (CA)....  E                      575              NA              NA
     niger.         jewelflower.                                                                                
                                                                                                                
[[Page 6685]]                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Crassulaceae--Sto                                                                                               
 necrop family:                                                                                                 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Dudleya        Santa Clara       U.S.A. (CA)....  E                      575              NA              NA
     setchellii.    Valley dudleya.                                                                             
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Liliaceae--Lily                                                                                                 
 family:                                                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Calochortus    Tiburon mariposa  U.S.A. (CA)....  T                      575              NA              NA
     tiburonensis.  lily.                                                                                       
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Linaceae--Flax                                                                                                  
 family:                                                                                                        
    Hesperolinon   Marin dwarf-flax  U.S.A. (CA)....  T                      575              NA              NA
     congestum.                                                                                                 
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Onagraceae--Eveni                                                                                               
 ng-primrose                                                                                                    
 family:                                                                                                        
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Clarkia        Presidio clarkia  U.S.A. (CA)....  E                      575              NA              NA
     franciscana.                                                                                               
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                                                                                
Rhamnaceae--Buckt                                                                                               
 horn family:                                                                                                   
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Ceanothus      Coyote ceanothus  U.S.A. (CA)....  E                      575              NA              NA
     ferrisae.                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
Scrophulariaceae-                                                                                               
 -Snapdragon                                                                                                    
 family:                                                                                                        
                                                                                                                
 *                 *                 *                 *                  *                 *                 * 
                                                               *                                                
    Castilleja     Tiburon           U.S.A. (CA)....  E                      575              NA              NA
     affinis ssp.   paintbrush.                                                                                 
     neglecta.                                                                                                  
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
    Cordylanthus   Pennell's bird's  U.S.A. (CA)....  E                      575              NA              NA
     tenius ssp.    beak.                                                                                       
     capillaris.                                                                                                
                                                                                                                
        *                  *                  *                  *                  *                  *        
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

    Dated: December 16, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-2689 Filed 2-2-95; 8:45 am]
BILLING CODE 4310-55-P

