[Federal Register: August 12, 1998 (Volume 63, Number 155)]
[Rules and Regulations]               
[Page 43100-43116]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au98-15]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD09

 
Endangered and Threatened Wildlife and Plants; Final Rule Listing 
Five Plants From Monterey County, CA, as Endangered or Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines 
endangered status pursuant to the Endangered Species Act of 1973, as 
amended (Act), for four plants: Astragalus tener var. titi (coastal 
dunes milk-vetch), Piperia yadonii (Yadon's piperia), Potentilla 
hickmanii (Hickman's potentilla), and Trifolium trichocalyx (Monterey 
clover); and threatened status for Cupressus goveniana ssp. goveniana 
(Gowen cypress). The five taxa are found primarily along the coast of 
northern Monterey County, California, with one species also occurring 
in San Mateo County and historical populations of another occurring in 
Los Angeles and San Diego counties. The five plant taxa are threatened 
by one or more of the following: alteration, destruction, and 
fragmentation of habitat resulting from urban and golf course 
development; recreational activities; competition with alien species; 
and disruption of natural fire cycles due to fire suppression 
associated with increasing residential development around and within 
occupied habitat. Astragalus tener var. titi and Potentilla hickmanii 
are also more susceptible to extinction by random events due to their 
small numbers of populations or individuals. This rule implements the 
Federal protection and recovery provisions afforded by the Act for 
these plant taxa. A notice of withdrawal of the proposal to list the 
black legless lizard (Anniella pulchra nigra), which was proposed for 
listing along with the five plant taxa considered in this rule, is 
published concurrently with this rule.

DATES: This rule is effective September 11, 1998.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours at the U.S. Fish and 
Wildlife Service, 2493 Portola Road, Suite B, Ventura, California, 
93003.

FOR FURTHER INFORMATION CONTACT: Carl Benz, Assistant Field Supervisor, 
Ventura Fish and Wildlife Office (see ADDRESSES section) (telephone 
number 805/644-1766; facsimile 805/644-3958).

SUPPLEMENTARY INFORMATION:

Background

    The Monterey Peninsula on the central California coast has been 
noted for a high degree of species endemism (Axelrod 1982, Howitt 
1972). Species with more northern affinities reach their southern 
limits on the Peninsula; species with more southern affinities reach 
their northern limits there as well (Howitt and Howell 1964). The 
Monterey Peninsula is influenced by a maritime climate that is even 
more pronounced due to the upwelling of cool water from the Monterey 
submarine canyon. Rainfall amounts to only 38 to 51 centimeters (cm) 
(15 to 20 inches (in)) per year, but summer fog-drip is a primary 
source of moisture for plants that would otherwise not be able to 
persist with such low rainfall. Some taxa, such as the coastal closed-
cone pines and cypresses are relicts, i.e., stands of species that once 
had a more continuous, widespread distribution in the more mesic 
climate of the late Pleistocene period, but then retreated to small 
pockets of cooler and wetter conditions along the coast ranges during 
the hotter and drier xerothermic period between 8,000 and 4,000 years 
ago (Axelrod 1982).
    In 1602, the Spanish government commissioned Sebastian Viscaino to 
map the coastline; he traveled as far north as the Mendocino coast. In 
his journal, he made note of the ``pine covered headlands'' and the 
``great pine trees, smooth and straight, suitable for the masts and 
yards of ships'' that he saw while anchored in Monterey Bay (Larkey 
1972). During the early 1900s, Willis L. Jepson characterized the 
forests on the Monterey Peninsula as the ``most important silva ever,'' 
and encouraged Samuel F.B. Morse of the Del Monte Properties Company to 
explore the possibilities of preserving the unique forest communities. 
Morse believed that developing recreational facilities would allow 
income to be derived from the property while maintaining the forest 
intact (Larkey 1972).
    Maps compiled by the U.S. Forest Service (FS) to show plant 
associations that were similar in ``fire-hazard characteristics and in 
uses or qualities of economic importance'' portray the bulk of the 
Monterey Peninsula as Monterey pine (Pinus radiata) forest with a 
discrete stand of Bishop pine (Pinus muricata) in the center of the 
Peninsula (FS 1941). The coastline was fringed with either ``barren'' 
stretches, grassland, or ``sagebrush,'' and a stretch of ``cypress 
species'' extending east along the coast from what is known as Cypress 
Point. By 1930, however, the construction of three golf courses likely 
resulted in the removal of some stands of Monterey pines.
    Only three native Monterey pine stands remain in California, one on 
the Monterey Peninsula, a second near Ano Nuevo Point in northern Santa 
Cruz and southern San Mateo counties, and a third near Cambria, in San 
Luis Obispo County. The Monterey Peninsula stand is not only the most 
extensive of the three, it is also unique in its association with Pinus 
muricata, Cupressus goveniana ssp. goveniana (Gowen cypress), and 
Cupressus macrocarpa (Monterey cypress). While P. radiata grows well on 
a variety of soils, it does not do well on the acidic, poorly-drained 
soils found on Huckleberry Hill centrally located on the Monterey 
Peninsula (Griffin 1972). Here, the less aggressive C. goveniana ssp. 
goveniana and P. muricata are spared competition from P. radiata. Some 
of the chaparral species associated with these forest stands include 
Arctostaphylos hookeri ssp. hookeri (Hooker's manzanita), 
Arctostaphylos tomentosa var. tomentosa (shaggy-barked manzanita), 
Adenostema fasciculata (chamise), and Vaccinium ovatum (huckleberry) 
(Jones and Stokes Assoc. 1994b; Vogl et al. 1988).
    Much of what the FS mapped in 1941 as grassland or ``barren'' 
(which most likely included coastal dunes) on the peninsular coastline 
has been subsequently converted to golf courses. Remnant dunes support 
a coastal dune scrub community and the southernmost occurrences for 
Erysimum menziesii (Menzies wallflower), Lupinus tidestromii 
(Tidestrom's lupine), and

[[Page 43101]]

Gilia tenuiflora ssp. arenaria (dune gilia), all federally endangered 
species (U.S. Fish and Wildlife Service (USFWS) 1992). It is uncertain 
what species characterized the grasslands mapped by the FS. Aside from 
harboring small populations of several of the species that are included 
in this final rule, these patches of herbaceous vegetation now support 
a large number of alien grasses and succulents (Ferreira 1995). As for 
the patches mapped by the FS as ``sagebrush,'' these most likely 
matched what is currently called coastal sage scrub, a community 
dominated by Artemisia californica (California sagebrush). For the most 
part, these patches occurred within what are now urbanized portions of 
the cities of Monterey and Pacific Grove and the Pacific Grove 
Municipal Golf Course.

Discussion of the Five Taxa

    Astragalus tener var. titi (coastal dunes milk-vetch) was first 
collected by Mrs. Joseph Clemens in 1904 along 17-Mile Drive on the 
Monterey Peninsula ``near an old hut composed of abalone shells and 
coal-oil cans.'' Alice Eastwood named the plant Astragalus titi in 
honor of Dr. F. H. Titus (Eastwood 1905). Subsequently, John Thomas 
Howell (1938), while comparing a specimen of A. tener that was 
collected by David Douglas near Salinas, Monterey County, remarked that 
although ``Astragalus titi Eastwood has generally been regarded as the 
same as Astragalus tener,  * * * the two plants are not the same and 
Astragalus titi seems worthy of varietal, if not specific 
recognition.'' Rupert Barneby published the combination A. tener var. 
titi in 1950, noting the difference in flower size, habitat, and 
geographic range between it and A. tener var. tener (Barneby 1950).
    Astragalus tener var. titi is a diminutive annual herb of the pea 
family (Fabaceae). The slender, slightly pubescent stems reach 1 to 2 
decimeters (dm) (4 to 8 in) in height; the pinnately compound leaves 
are 2 to 7 cm (0.8 to 2.7 in) long with 7 to 11 leaflets, each having a 
slightly bilobed tip. The tiny lavender to purple flowers are 5 to 6 
millimeters (mm) (0.3 in) long and are arranged in subcapitate racemes 
of 2 to 12 flowers. The seed pods are straight to sickle-shaped and 7 
to 14 mm (0.3 to 0.6 in) long (Barneby 1964).
    Two historical locations from Los Angeles County (Hyde Park in 
Inglewood and Santa Monica) and two from San Diego County (Silver 
Strand and Soledad) were annotated by Barneby as Astragalus tener var. 
titi (Barneby 1950). It is unlikely that suitable habitat remains at 
the Los Angeles locations, since the area has been heavily urbanized. 
In San Diego County, the Silver Strand area is owned by the Department 
of Defense (Miramar Naval Weapons Center), and a portion has been used 
for amphibious vehicle training exercises. Another portion of Silver 
Strand has been leased by the Navy to the California Department of 
Parks and Recreation (CDPR) for development of a campground and 
recreational facilities. Numerous unsuccessful searches for the plant 
have been made in these locations since 1980 (Ferreira 1995; Natural 
Diversity Database (NDDB) 1997).
    The only known extant population of Astragalus tener var. titi 
occurs along 17-Mile Drive on the western edge of the Monterey 
Peninsula on land owned by the Pebble Beach Company and the Monterey 
Peninsula Country Club. Colonies of the milk-vetch occur on a 
relatively flat coastal terrace within 30 meters (m) (100 feet (ft)) of 
the ocean beach and 8 m (25 ft) above sea level. The loamy fine sands 
that comprise a series of shallow swales on the terrace surface support 
standing water during wet winter and spring seasons. Individual plants 
are found on the bottoms or sides of the swales growing in association 
with other low growing grasses and herbs, including the alien Plantago 
coronopus (cut-leaf plantain). In the 1980s and early 1990s, from 15 to 
1,000 individuals had been counted in this population (Ferreira 1995). 
In 1995, four additional colonies of this taxon were located in 
similarly moist habitats within 400 m (1,300 ft) of the previously 
known plants. A thorough survey of surrounding patches of suitable 
habitat was made and a total of 4000 individuals were counted in 1995 
in 11 scattered colonies (Jones and Stokes Assoc. 1996).
    The 11 colonies are bisected by 17-Mile Drive, and occur in remnant 
patches of habitat that are bounded by roads, golf greens, equestrian 
trails and a bank covered by the alien plant, Carpobrotus edulis (fig-
marigold) (Ferreira 1995, Jones and Stokes Assoc. 1996). Astragalus 
tener var. titi is currently threatened with alteration of habitat from 
trampling associated with recreational activities, such as hiking, 
picnicking, ocean viewing, wildlife photography, equestrian use, and 
golfing. Due to the fragmented nature of its habitat and the human uses 
that surround it, the species is also more vulnerable to extinction 
from random events. Astragalus tener var. titi may also be threatened 
by competition from the alien plants, C. edulis and Plantago coronopus. 

    Cupressus goveniana ssp. goveniana was first collected by Karl 
Hartweg from Huckleberry Hill (Monterey Peninsula) in 1846 (Sargent 
1896, Wolf and Wagener 1948). The plant was described as Cupressus 
goveniana by British horticulturalist George Gordon in 1849 who named 
it after fellow horticulturalist James R. Gowen (Sargent 1896). Sargent 
(1896) described the tree as being widely distributed ``from the plains 
of Mendocino County to the mountains of San Diego County'' as he 
included taxa now recognized as distinct in his definition of C. 
goveniana. John G. Lemmon published the name C. goveniana var. pigmaea 
in 1895 to refer to the stands found on the ``White Plains'' of 
Mendocino County, also referred to as pygmy cypress or Mendocino 
cypress. As a result of this segregation, the material from the 
Monterey area would be treated as C. goveniana var. goveniana. The 
taxon is currently treated as C. goveniana ssp. goveniana (Bartel 
1993).
    Cupressus goveniana ssp. goveniana (Gowen cypress) is a small 
coniferous tree or shrub in the cypress (Cupressaceae) family. Most of 
the 10 taxa in the genus Cupressus found in California currently have 
relatively small ranges (Vogl et. al. 1988). Of the three coastal 
cypresses, native stands of C. macrocarpa (Monterey cypress) and C. 
goveniana ssp. goveniana are both restricted to the Monterey Peninsula 
and Point Lobos in Monterey County.
    Cupressus goveniana ssp. goveniana generally reaches a height 
between 5 and 7 m (17 to 23 ft) (Munz 1968), though Griffin noted one 
individual that was 10 m (33 ft) high at Huckleberry Hill (Griffin and 
Critchfield 1976). The sparsely branched tree forms a short, broad 
crown with a spread of 2 to 4 m (7 to 13 ft). The bark is smooth brown 
to gray, but becomes rough and fibrous on old trees. The scale-like 
foliage is a light rich green, with leaves 1 to 2 mm long (0.04 to 0.08 
in). The female cones are subglobose (nearly spherical), 10 to 15 mm 
(to 0.1 in) long, and produce 90 to 110 seeds (Wolf and Wagener 1948). 
The cones, which typically mature in 2 years, remain closed for many 
years while attached to the tree. Seeds can be released upon mechanical 
removal from the tree or, more typically, upon death of the tree or 
supporting branch. Cupressus goveniana ssp. goveniana is distinguished 
from its close relative C. goveniana ssp. pigmaea (pygmy or Mendocino 
cypress) by its much taller stature, the lack of a long, whip-like 
terminal shoot, and light to yellow-green rather than dark dull green 
foliage (Bartel 1993).

[[Page 43102]]

    Like other closed-cone cypresses, Cupressus goveniana ssp. 
goveniana is a fire adapted species. It possesses cones which, after 
seed has matured, remain sealed and attached to the trees, typically 
until heat from fires breaks the cones' resinous seal and allows seeds 
to escape. Adequate sunlight and bare mineral soils are also needed by 
C. goveniana ssp. goveniana for seedling establishment; in areas with 
herbaceous cover seedling mortality is higher due to fungal infections 
(Vogl et al. 1988).
    Only two natural stands of Cupressus goveniana ssp. goveniana are 
known to exist, although individuals can be found locally in 
cultivation. Cupressus goveniana ssp. goveniana is associated with 
Pinus radiata, Pinus muricata, and several taxa in the heath family 
(Ericaceae) (e.g., Vaccinium, Gaultheria, Arctostaphylos) on poorly 
drained, acidic, soils (Griffin and Critchfield 1976). The largest 
stand, referred to here as the Del Monte Forest stand, is near 
Huckleberry Hill on the western side of the Monterey Peninsula. This 
stand covers approximately 40 hectares (ha) (100 acres (ac)), with 
individuals scattered within a kilometer (km) (0.6 mile (mi)) of the 
main stand. Wolf and Wagener (1948) reported that patches of crowded, 
poorly developed individuals, referred to as ``canes,'' were cut for 
posts, making it difficult to determine the original extent of the 
grove.
    At least three fires have burned portions of the Del Monte Forest 
stand in the last 100 years. A large fire burned most of the stand in 
1901 (Coleman 1905, and Dunning 1906, in Vogl et al. 1988). The 
northern portion of the stand apparently burned in 1959 (NDDB 1997). 
The most recent fire burned the south central portion of the population 
in 1987. In each case, regeneration of C. goveniana ssp. goveniana has 
occurred.
    The Del Monte Forest stand is on lands owned by the Pebble Beach 
Company and the Del Monte Forest Foundation (DMFF). The purpose of the 
DMFF, originally established as the Del Monte Foundation in 1961 by the 
Pebble Beach Company, is to ``acquire, accept, maintain, and manage 
lands in the Del Monte Forest which are dedicated to open space and 
greenbelt'' (DMFF, in litt. 1992). A large portion of the Del Monte 
Forest stand is within a 34-ha (84-ac) area designated as the Samuel 
F.B. Morse Botanical Reserve (Morse Reserve) in the 1960s and donated 
to DMFF in 1976. In the early 1980s, development of the Poppy Hills 
Golf Course removed 840 trees of C. goveniana ssp. goveniana outside of 
the reserve and surrounded other small patches with fairways (G. 
Fryberger, Pebble Beach Company, pers. comm. 1992). The majority of the 
remaining portion of this stand is on lands owned by Pebble Beach 
Company that are designated as ``forested open space'' in the 
Huckleberry Hill Open Space area, through a conservation easement held 
by the DMFF. Scattered groups of trees that radiate out from this stand 
are located on Pebble Beach Company lands within their most recently 
proposed residential developments (EIP Associates 1995).
    A second smaller stand of Cupressus goveniana ssp. goveniana 16 to 
32 ha (40 to 80 ac) in size occurs 10 km (6 mi) to the south at Point 
Lobos State Reserve near Gibson Creek on a 60-ha (150-ac) parcel 
acquired by the CDPR in 1962. The very western edge of the stand is on 
lands recently purchased by the Big Sur Land Trust from a private 
owner. This parcel was to be transferred to the CDPR in 1997 (Big Sur 
Land Trust, in litt. 1997). In this stand, C. goveniana ssp. goveniana 
is associated with Pinus radiata and chaparral species (Griffin and 
Critchfield 1976; Vogl et al. 1988). Due to the physical 
inaccessibility of the Point Lobos stand and the Reserve's mandate to 
protect sensitive plant taxa, the Point Lobos stand exhibits fewer 
signs of human disturbance than the Del Monte Forest stand.
    Despite measures taken to protect the Cupressus goveniana ssp. 
goveniana stand at the Del Monte Forest, such as establishing the Morse 
Reserve, the opportunities for maintaining a viable long-term 
population of this taxon may be compromised by the site's proximity to 
urbanization. Although the lands on which the majority of the remaining 
cypress grow will not be developed, the residential development that is 
occurring on all sides of the stand reduces the opportunity for the 
continuation of ecosystem processes, such as periodic fire, which are 
needed for stand regeneration. This species is threatened by habitat 
alteration due to the influence of continued urban development in 
Pebble Beach and to the disruption of natural fire cycles that are 
likely to result from fire suppression activities. In addition, stands 
of Cupressus goveniana var. goveniana at both locations have been 
invaded by aggressive alien species, including Cortaderia jubata 
(pampasgrass), Genista monspessulana (French broom), and Erechtites 
spp. (fireweeds) (Forest Maintenance Standard 1990; K. Gray, State 
Parks, pers. comm. 1997). Invasion of alien plants alters the 
composition of the plant community and may adversely affect C. 
goveniana ssp. goveniana.
    Piperia yadonii (Yadon's piperia) was first collected by Leroy 
Abrams in 1925 in open pine forest near Pacific Grove. At that time, it 
was identified as Piperia unalascensis, a polymorphic, wide-ranging 
species in the western United States (Morgan and Ackerman 1990), 
although at least two naturalists who collected from the Monterey 
region in the 1920s (George Henry Grinnel and Leroy Abrams) noted the 
uniqueness of the plants from the Monterey area (Morgan and Ackerman 
1990, Coleman 1995). In a recent treatment of the genus Piperia, 
Ackerman (1977) segregated out several long-spurred taxa from the P. 
unalascensis complex, but attempted no analysis of the short-spurred 
forms. Subsequently, Morgan and Ackerman (1990) segregated out two new 
taxa from the P. unalascensis complex. One of these, P. yadonii, was 
named after Vernal Yadon, previous Director of the Museum of Natural 
History in Pacific Grove, Monterey County.
    Piperia yadonii is a slender perennial herb in the orchid family 
(Orchidaceae). Mature plants typically have two or three lanceolate to 
oblanceolate basal leaves 10 to 15 cm (4 to 6 in) long and 2 to 3 cm 
(0.8 to 1.2 in) wide. The single flowering stems are up to 50 cm (20 
in) tall with flowers arranged in a dense narrow-cylindrical raceme. 
The flowers consist of three petal-like sepals and three petals 
(together referred to as tepals). The upper three tepals are green and 
white and the lower three white. The lowermost tepal is specialized 
into a lip that is narrowly triangular and is strongly decurved such 
that the tip nearly touches the spur of the flower (Morgan and Ackerman 
1990). Piperia yadonii may occur with P. elegans, P. elongata, P. 
michaelii, and P. transversa, but is distinguished from them in flower 
by its shorter spur length, particular pattern of green and white 
floral markings, and its earlier flowering time (Morgan and Ackerman 
1990, Coleman 1995).
    As in other orchids, germination of P. yadonii seeds probably 
involves a symbiotic relationship with a fungus. Following germination, 
orchid seedlings typically grow below ground for one to several years 
before producing their first basal leaves. Plants may produce only 
vegetative growth for several years, before first producing flowers 
(Rasmussen 1995). In mature plants of P. yadonii the basal leaves 
typically emerge sometime after fall or winter rains and wither by May 
or June, when the plant produces a single flowering stem. Allen (1996) 
has observed that only a small percentage of the P. yadonii plants in a 
population may flower in any year. This is consistent with what is 
known of other orchid species (James Ackermann, Universidad de Puerto 
Rico, in litt. 1997). As in some other

[[Page 43103]]

plant taxa, individual orchids that flower in one year may not have the 
necessary energy reserves to flower in the following year, so size and 
flowering are not necessarily age-dependent (Wells 1981, Rasmussen 
1995).
    Piperia yadonii is found within Monterey pine forest and maritime 
chaparral communities in northern coastal Monterey County. Its center 
of distribution is the Monterey Peninsula where plants are found 
throughout the larger undeveloped tracts of Monterey pine forest. To 
the north, the range of P. yadonii extends to the Los Lomas area, near 
the border of Santa Cruz County (Allen 1996; Vern Yadon, Pacific Grove 
Museum of Natural History, in litt. 1997). Searches north into Santa 
Cruz County have uncovered little suitable habitat and no P. yadonii 
(Randall Morgan, biological consultant, pers. comm. 1996; Allen 1996), 
nor do regional herbaria contain collections from Santa Cruz County (R. 
Morgan, pers. comm. 1996). Since preparation of the proposed rule, P. 
yadonii has been found at one location about 25 km (15 mi) south of the 
Monterey Peninsula near Palo Colorado Canyon in maritime chaparral 
(Jeff Norman, biological consultant, in litt. 1995). Maritime chaparral 
is uncommon along this region of the Big Sur coastline, but a few 
scattered patches do occur south to Pfieffer Point, located about 40 km 
(25 mi) from the Peninsula (J. Norman, pers. comm. 1997). P. yadonii 
has been found only 6 to 10 km (4 to 6 mi) inland (Allen 1996; V. 
Yadon, in litt. 1997) despite searches of lands farther east (Allen 
1996). Toro Regional Park, 16 km to 24 km (10 to 15 mi) inland, was 
searched and four unidentified Piperia were found, but the habitat was 
reported to not be similar to that favored by P. yadonii (Allen 1996).
    Piperia yadonii has been found in Monterey pine forest with a 
herbaceous, sparse understory and in maritime chaparral along ridges 
where the shrubs, most often Arctostaphylos hookeri (Hooker's 
manzanita), are dwarfed and the soils shallow (Morgan and Ackerman 
1990, Allen 1996). As in other orchid species, P. yadonii does not 
appear to be an early successional species but is able to colonize 
trails and roadbanks within the dwarf maritime chaparral or Monterey 
pine forest once a decade or more has passed and if light and moisture 
regimes are favorable (Allen 1996; V. Yadon, in litt. 1997).
    The Pebble Beach Company funded intensive surveys for Piperia 
yadonii, focusing on the Monterey Peninsula in 1995, and beyond the 
Peninsula in western Monterey County in 1996. Approximately 84,000 P. 
yadonii plants on about 140 ha (350 ac), were counted at all known 
sites throughout the range of this species since 1990 (R. Morgan, in 
litt. 1992; Uribe and Associates 1993; J. Norman, in litt. 1995; Allen 
1996; Jones and Stokes Assoc. 1996). Plants are often densely 
clustered, and may reach densities of 100 to 200 plants in a few square 
meters (10 to 20 plants in a few square feet) (Robert Hale, in litt. 
1997). Because size and flowering are not always age-dependent, the age 
structure of these populations is not known.
    During these surveys, the greatest concentrations of Piperia 
yadonii, approximately 57,000 plants or 67 percent of all known plants 
were found scattered throughout much of the remaining Monterey pine 
forest owned by the Pebble Beach Company and the Del Monte Forest 
Foundation on the Monterey Peninsula (Allen 1996). About 8,500 of these 
plants are in open space areas there (Allen 1996). Another 2,000 plants 
(2 percent of all known) occur on remnant patches of Monterey pine 
forest in parks and open space areas of Pacific Grove and Monterey 
(Allen 1996; Department of the Army, in litt. 1996; Jones and Stokes 
Assoc. 1996). Inland to the north, about 18,000 P. yadonii plants, (21 
percent of all known plants) have been found on the chaparral covered 
ridges north of Prunedale (Allen 1996). About 8,000 of these are on 
lands that receive some protection at Manzanita County Park and The 
Nature Conservancy's Blohm Ranch; the remainder are on private lands 
that are not protected. South of the Peninsula about 7,500 plants have 
been found on CDPR properties at Pt. Lobos Ranch, on surrounding lands 
that are to be turned over to CDPR in the future (Big Sur Land Trust, 
in litt. 1997) and in a smaller parcel that is in private ownership.
    Considering the current abundance of Piperia yadonii in the 
remaining large tracts of Monterey Forest, this species probably 
occurred throughout the Peninsula when Monterey pine forests were much 
more extensive. Many historic collections were made from the Pacific 
Grove area (R. Morgan, in litt. 1992), which has since been urbanized. 
Continued fragmentation and destruction of habitat due to urban and 
golf course development are currently the greatest threats to P. 
yadonii. Other threats include exclusion by alien species, roadside 
mowing, and potentially an increase in deer grazing of flowering stems.
    Potentilla hickmanii (Hickman's potentilla) was originally 
collected by Alice E. Eastwood (1902) in 1900 ``near the reservoir 
which supplies Pacific Grove, [Monterey County] California, along the 
road to Cypress Point.'' The reference to a reservoir could refer to 
Forest Lake in Pebble Beach but more likely refers to the Pacific Grove 
reservoir (Ferreira 1995). Eastwood (1902) described the species 2 
years later, naming it after J. B. Hickman who was her guide on that 
collecting trip.
    Potentilla hickmanii is a small perennial herb in the rose family 
(Rosaceae) that annually dies back to a woody taproot. The leaves are 
pinnately compound into generally six paired, palmately cleft leaflets 
each 2 to 8 mm (0.1 to 0.3 in) long and 1 to 3 mm (to 0.1 in) wide. 
Several reclining stems 5 to 45 cm (2 to 16 in) long support two to 
four branched cymes (flowering stems) each of which has fewer than 10 
flowers. The flowers consist of 5 yellow obcordate petals 6 to 10 mm 
(0.2 to 1.0 in) long and 5 mm (0.2 in) wide, with typically 20 stamens 
and about 10 styles (Abrams 1944, Ertter 1993). Potentilla hickmanii is 
separated from two other potentillas that occur on the Monterey 
Peninsula (P. anserina var. pacifica and P. glandulosa) by a 
combination of its small stature, size and shape of leaflets, and color 
of the petals.
    Only three historical locations for the plant are known, two in 
Monterey County and one in San Mateo County (NDDB 1997c). A collection 
was made by Ethel K. Crum in 1932, apparently in the vicinity of 
Eastwood's original collection on the Monterey Peninsula. Ferreira 
(1995) surveyed the area surrounding the Pacific Grove reservoir in 
1992, but found no Potentilla hickmanii plants or suitable habitat for 
the species. An extant population is known from the western edge of the 
Monterey Peninsula on lands owned by Pebble Beach Company. This species 
was collected from one other location, at ``Moss Beach'' near Half Moon 
Bay, San Mateo County in 1905 by Katherine Brandegee and in 1933 by 
Mrs. E. C. Sutliffe (Ertter 1993). At the time the proposed rule was 
written this population was presumed extirpated, but it was 
rediscovered in 1995 by biologists from the California Department of 
Transportation (Caltrans) surveying for a highway project (R. Vonarb, 
Caltrans, in litt. 1995).
    Potentilla hickmanii is currently known to be extant at one 
location in San Mateo County and one in Monterey County. On the 
Monterey Peninsula, P. hickmanii grows in an opening within Monterey 
pine forest. Loamy fine sandy soils support a meadow community of alien 
grasses and several introduced and native herbs. Twenty-four 
individuals of P. hickmanii were located during 1992 surveys (Ferreira 
1995). In 1995, the site was surveyed on two occasions and no

[[Page 43104]]

more than 21 plants were found (Jones and Stokes Assoc. 1996). Sampling 
in a portion of this occurrence indicated that neither recruitment of 
new individuals nor mortality of existing individuals had occurred in 
the sampled area in the past 2 years (T. Morosco, University of 
California Berkeley, in litt. 1997). The San Mateo County population 
grows on grassland slopes on private lands. It was estimated to have 
between 2000 and 3000 individuals in 1995 and 1996 (R. Vonarb, in litt. 
1995; T. Morosco in litt. 1997).
    The Pebble Beach Company has maintained management responsibilities 
for the Monterey population, located in an open space area called 
Indian Village, although ownership of the land has been transferred to 
the Del Monte Forest Foundation. Indian Village is available for use by 
residents and has been developed as an outdoor recreation area. 
Although a fence was constructed in the 1970s to limit access by 
recreationists, the fenced area contained only a portion of the 
population, and recreation impacts continued through the mid 1990s 
(Ferreira 1995, Jones and Stokes Assoc. 1996). In 1996, the Pebble 
Beach Company installed additional fencing to protect this population 
from recreational activities (M. Zander, Zander and Associates, in 
litt. 1996). Potentilla hickmanii is currently threatened by a proposed 
residential development in the Del Monte Forest which could alter 
hydrology at the Monterey site (EIP Associates 1995). At both the 
Monterey and San Mateo sites invasive alien species may be competing 
with P. hickmanii (Ferreira 1995; Jones and Stokes Assoc. 1996; B. 
Ertter in litt. 1997). The extremely small number of individual plants 
remaining at the Monterey site also make P. hickmanii vulnerable to 
extirpation from random events, such as genetic drift, poor years of 
reproduction and tree fall.
    Trifolium trichocalyx (Monterey clover) is a member of the pea 
family (Fabaceae). The genus Trifolium is well-represented in North 
America, with approximately 50 species recognized in California (Munz 
1959). Members of this herbaceous genus are characterized by their 
palmately three-foliate leaves (hence the name Trifolium) and flowers 
in spheroid or oblong heads.
    Trifolium trichocalyx was first collected by Amos A. Heller ``in 
sandy pine woods about Pacific Grove'' in 1903, and described by him 
the following year (Heller 1904). Laura F. McDermott (1910) considered 
the taxon a variety of T. oliganthum in her treatment of the genus, but 
this was not recognized in subsequent floras. Axelrod (1982) deferred 
to Gillett's suggestion that T. trichocalyx is a sporadic hybrid 
between T. microcephalum and T. variegatum and recommended removing it 
from the list of taxa considered Monterey endemics. This view was 
challenged by Vernal Yadon (in litt. 1983) who had grown T. trichocalyx 
and observed that it consistently produces up to seven seeds per pod, 
while both purported parents were two-seeded taxa. Trifolium 
trichocalyx has continued to be recognized as a distinct taxon by 
Abrams (1944), Munz (1959), Howitt and Howell (1964) and, most 
recently, Isely (1993).
    Trifolium trichocalyx is a much-branched prostrate annual herb with 
leaflets that are obovate-cuneate, 0.4 to 1.2 cm (0.2 to 0.5 in) long, 
truncate or shallowly notched at the ends. The numerous flowers are 
clustered into heads subtended by a laciniate-toothed involucre. The 
calyces are 7 mm (0.3 in) long, toothed, and conspicuously pilose; the 
purple corollas scarcely equal the length of the calyx; the deciduous 
seed pods enclose up to seven seeds. The plant can be quite 
inconspicuous, as the prostrate branches may be only 3 to 4 cm (1.2 to 
1.6 in) long. With favorable conditions, however, branches may reach a 
length of 20 to 30 cm (8 to 12 in) (Abrams 1944; V. Yadon, in litt. 
1983). Branches from one large plant may spread through the forest 
litter and give the appearance of many plants. Of the four species of 
Trifolium growing on Huckleberry Hill, all except T. trichocalyx 
contain two seeds per pod.
    Trifolium trichocalyx is known from only one area, Huckleberry 
Hill, covering approximately 16 ha (40 ac) (Ferreira 1995) on the 
Monterey Peninsula. The plant occurs in openings within Monterey pine 
forest on poorly drained soils consisting of coarse loamy sands. 
Trifolium trichocalyx appears to be a fire-follower, taking advantage 
of the reduced forest cover for the first few years after a fire, and 
then becoming scarce, persisting primarily as a seedbank in the soil, 
as shade and competition increase during recovery of the forest 
community. Heller's collection in 1903 was made 2 years after a fire in 
the area. Only scattered individuals were reported by Theodore Niehaus 
in 1973 and 1979 and by Yadon in 1980 in forest openings or edges (NDDB 
1997d). One of these sites is presumed to have been extirpated when 
Poppy Hills Golf Course was developed in 1980; the other two are within 
the boundaries of the Morse Reserve.
    Surveys for Trifolium trichocalyx were conducted in 1988. No plants 
were found at the three sites reported earlier by Niehaus and Yadon. 
However, several hundred to 1,000 plants were scattered in an 80-ha 
(200-ac) area that had burned in 1987, near Huckleberry Hill (M. 
Griggs, in litt. 1988; V. Yadon, in litt. 1992). During surveys 
conducted in 1996 of this burned area, two sites were located with a 
total of 22 plants (Jones and Stokes Assoc. 1996). A seedbank is 
expected to occur in the soil in those locations where the plants were 
found in 1988 (Forest Maintenance Standard 1990, Jones and Stokes 
Assoc. 1996).
    Threats to the continued existence of Trifolium trichocalyx include 
alteration of natural fire cycles and a proposed development within the 
largest area known to support clover in 1988. It is also vulnerable to 
random events due to the small amount of its remaining habitat and the 
ephemeral nature of the plant's reappearance after fires.

Previous Federal Action

    Federal government action on the five plants began as a result of 
section 12 of the Act of 1973, which directed the Secretary of the 
Smithsonian Institution to prepare a report on those plants considered 
to be endangered, threatened, or extinct in the United States. That 
report, designated as House Document No. 94-51, was presented to 
Congress on January 9, 1975. In that report, Astragalus tener var. 
titi, Potentilla hickmanii, and Trifolium trichocalyx were recommended 
for endangered status. On July 1, 1975, the Service published a notice 
in the Federal Register (40 FR 27823) of its acceptance of the report 
as a petition within the context of section 4(c)(2) (now section 
4(b)(3)(A)) of the Act, and of its intention to review the status of 
the plant taxa named therein. The above three taxa were included in the 
July 1, 1975, notice. 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 document. Astragalus tener var. 
titi, Potentilla hickmanii, and Trifolium trichocalyx were included in 
the June 16, 1976, Federal Register proposal.
    General comments received in relation to the 1976 proposal were 
summarized in an April 26, 1978, Federal Register publication (43 FR 
17909). The Act Amendments of 1978 required that all proposals over 2 
years old be withdrawn. A 1-year grace period

[[Page 43105]]

was given to those proposals already more than 2 years old. In the 
December 10, 1979, Federal Register (44 FR 70796), the Service 
published a notice of withdrawal of the portion of the June 6, 1976, 
proposal that had not been made final, along with four other proposals 
that had expired.
    The Service published an updated notice of review for plants on 
December 15, 1980 (45 FR 82480). This notice included Astragalus tener 
var. titi, Potentilla hickmanii, and Trifolium trichocalyx as category-
1 species. Category-1 species were taxa for which data in the Service's 
possession was sufficient to support proposals for listing. On November 
28, 1983, the Service published in the Federal Register a supplement to 
the Notice of Review (48 FR 53640); the plant notice was again revised 
September 27, 1985 (50 FR 39526). In both of these notices, Astragalus 
tener var. titi, Potentilla hickmanii, and Trifolium trichocalyx were 
included as category-2 species. Category-2 species were taxa for which 
data in the Service's possession indicated listing may be appropriate, 
but for which additional data on biological vulnerability and threats 
were needed to support a proposed rule. In the 1985 notice, Cupressus 
goveniana ssp. goveniana (as Cupressus goveniana) also was included for 
the first time as a category-2 species. On February 21, 1990 (55 FR 
6184), the plant notice was again revised, and Astragalus tener var. 
titi, Potentilla hickmanii, and Trifolium trichocalyx were included as 
category-1 species, primarily because of additional survey information 
supplied by the NDDB, which indicated that the extremely limited 
populations of these taxa made them particularly vulnerable to impacts 
from a number of human activities and natural random events. Those 
three species also appeared as category-1 species in the 1993 notice of 
review (58 FR 51144). Cupressus goveniana ssp. goveniana was retained 
as a category-2 species in the 1990 and 1993 notices of review. On 
February 28, 1996, the Service published a Notice of Review in the 
Federal Register (61 FR 7596) that discontinued the designation of 
category-2 species as candidates.
    Section 4(b)(3)(B) of the Act requires the Secretary to make 
findings on certain pending petitions within 12 months of their 
receipt. Section 2(b)(1) of the 1982 amendments further requires that 
all petitions pending on October 13, 1982, be treated as having been 
newly submitted on that date. This was the case for Astragalus tener 
var. titi, Potentilla hickmanii, and Trifolium trichocalyx because the 
1975 Smithsonian report was accepted as a petition. On October 13, 
1983, the Service found that the petitioned listing of these species 
was warranted but precluded by other pending listing actions, in 
accordance with section 4(b)(3)(B)(iii) of the Act; notification of 
this finding was published on January 20, 1984 (49 FR 2485). Such a 
finding requires the petition to be recycled, pursuant to section 
4(b)(3)(C)(I) of the Act. Annually, in October of 1984 through 1992, 
the Service found that the petitioned listing of Astragalus tener var. 
titi, Potentilla hickmanii, and Trifolium trichocalyx was warranted, 
but that the listing of these species was precluded by other pending 
proposals of higher priority. Piperia yadonii did not appear in earlier 
notices of review. Piperia yadonii first appeared as a candidate in the 
1993 notice of review (58 FR 51144) in category-1. A reevaluation of 
the existing data on the status of Cupressus goveniana ssp. goveniana 
and threats to its continued existence provided sufficient information 
to propose to list this species as threatened.
    A proposed rule to list Astragalus tener var. titi, Piperia 
yadonii, Potentilla hickmanii and Trifolium trichocalyx as endangered 
and Cupressus goveniana ssp. goveniana as threatened was published in 
the Federal Register on August 2, 1995 (60 FR 39326). Also included in 
this proposed rule was a proposal to list the black legless lizard 
(Aniella pulchra nigra) as endangered. Based upon new information 
received since publishing the proposed rule, the proposed listing of 
the black legless lizard has been withdrawn by the Service as announced 
in a separate Federal Register notice published concurrently with this 
final rule.
    The Service published Listing Priority Guidance for Fiscal Years 
1998 and 1999 on May 8, 1998 (63 FR 25502). The guidance clarifies the 
order in which the Service will process rulemakings giving highest 
priority (Tier 1) to processing emergency rules to add species to the 
Lists of Endangered and Threatened Wildlife and Plants (Lists); second 
priority (Tier 2) to processing final determinations on proposals to 
add species to the Lists, processing new proposals to add species to 
the Lists, processing administrative findings on petitions (to add 
species to the Lists, delist species, or reclassify listed species), 
and processing a limited number of proposed or final rules to delist or 
reclassify species; and third priority (Tier 3) to processing proposed 
or final rules designating critical habitat. Processing of this final 
rule is a Tier 2 action.

Summary of Comments and Recommendations

    In the August 2, 1995, proposed rule and associated notifications, 
all interested parties were requested to submit factual reports or 
information that might contribute to a final listing decision. 
Appropriate Federal and State agencies, County and local governments, 
scientific organizations, and other interested parties were contacted 
and requested to comment. During that comment period the Service 
received a request to hold a public hearing on the proposal. Due to the 
Federal moratorium on final listing actions, imposed on April 10, 1995, 
the public hearing could not be scheduled during the initial comment 
period, which closed on October 9, 1995. Once the moratorium was lifted 
on April 26, 1996, listing actions were prioritized and the public 
hearing was scheduled. The public hearing was held on August 20, 1996, 
and its associated public comment period ran from June 26, 1996 to 
August 30, 1996. During the hearing and public comment period 
substantial new information was submitted on the abundance of Piperia 
yadonii. To allow the public to comment on this new information and to 
permit submission of any new information that had become available on 
the other taxa in the package, the comment period was reopened for 30 
days from April 2, 1997, to May 2, 1997. Newspaper notifications were 
published in the Monterey Herald and the Santa Cruz Sentinel during the 
initial comment period, and in the Monterey Herald, Half Moon Bay 
Review, and Pacifica Tribune for the 1997 comment period.
    During the public comment periods and public hearing 20 agencies, 
groups, and individuals commented on the plant taxa included in the 
proposed rule, some of them multiple times. The majority of comments 
received concerned the proposal to list the black legless lizard; these 
comments are addressed in the concurrently published withdrawal for 
that taxon. Only those issues relevant to the listing of the five plant 
taxa are included in this final rule. Several comments contained 
significant data and information concerning the biology, ecology, 
range, and distribution of the subject taxa. This information was 
evaluated and incorporated into the final determination as appropriate. 
The 12 issues raised by the commenters that are relevant to the listing 
of the plant taxa and the Service's response to each are summarized as 
follows:
    Issue 1: One commenter concluded that the Service had not provided 
a thorough rationale for why the potential

[[Page 43106]]

loss of habitat threatens the viability of the species. Specifically, 
the commenter suggested that insufficient evidence was presented on the 
effects of alteration of natural fire frequencies and of alien species 
on the proposed taxa.
    Service Response: The Service has discussed the role of fire in the 
life history of Cupressus goveniana ssp. goveniana and Trifolium 
trichocalyx within this rule under the ``Background'' section and under 
Factor E of the ``Summary of Factors Affecting the Species'' section. 
With a large human population residing on the Peninsula, wildfires have 
been and will necessarily be suppressed to protect human life and 
property. Prescribed burns have been suggested as a management tool to 
replace wildfires at the Morse Reserve and Pt. Lobos State Reserve 
which support these taxa (Forest Maintenance Standard 1990; Jones and 
Stokes Assoc. 1996). While fire is desirable from a land management 
perspective, prescribed burns on Huckleberry Hill present a risk that 
is not currently accepted by surrounding residents and entities who 
authorize such activities (Forest Maintenance Standard 1990; R. 
Andrews, Pebble Beach Community Services District, pers. comm. 1997). 
With increased development close to the Cupressus groves, homeowner 
opposition to prescribed burns is likely to increase. The proximity of, 
and risk to, adjacent residences also will influence the manner in 
which burns would be implemented. For example, to facilitate control, 
vegetation may be crushed or chipped prior to burning or burns may be 
conducted in early spring, when moisture levels are high (Greenlee 
1977, Green 1982). These methods, which may not mimic the fire regime 
under which the taxa evolved, can alter the ability of the vegetation 
community to regenerate. For example, cool season burns may not provide 
sufficient heat to crack seed coats and promote germination of some 
species, or conversely, early spring burns may be detrimental to 
herbaceous species if the seeds in the soil have already imbibed water 
when the fire occurs. The Service concludes that increasing urban 
development reduces the likelihood that fire will occur in a manner 
sufficient to ensure the continued viability of these taxa.
    The invasive nature and competitive ability of the alien species, 
Genista monspessulana, Cortaderia jubata, Carpobrotus edulis, and alien 
grasses such as Phalaris aquatica (Harding grass) and Lolium 
multiflorum (Italian ryegrass) which threaten the taxa in this rule are 
well-documented (Mooney et al. 1986, Zedler and Scheid 1988). 
Documented links between encroachment by alien plant taxa and the 
disappearance of native California taxa in wildlands are also well-
established in the literature. This issue is discussed in greater 
detail under factors A and E in the ``Summary of Factors Affecting the 
Species'' section.
    Issue 2: Several commenters suggested that the Service has not 
given sufficient consideration to the regulatory mechanisms already in 
place to protect the proposed plants; one suggested that the Coastal 
Act already provides substantial protection for the taxa included in 
the rule that occur on Pebble Beach Company lands.
    Service Response: The Service has analyzed available information 
and concluded that existing regulatory mechanisms, including the 
Coastal Act, have not been sufficient to adequately protect the taxa 
included in this rule. The discussion of existing regulatory mechanisms 
has been expanded since the proposed rule and is included under Factor 
D in the ``Summary of Factors Affecting the Species'' section.
    Issue 3: Several commenters stated that the information the Service 
used in the proposed rule for Piperia yadonii was dated and incomplete 
and that the Service, therefore, was not relying on the best scientific 
information available. Two commenters suggested that the better our 
search methods and understanding of this species, the more of it we are 
likely to find; they concluded that the current population sizes for 
this species indicate that it is not in danger of extinction throughout 
a significant portion of its range.
    Service Response: In preparing the proposed rule, the Service used 
the best information available on the distribution and abundance of 
Piperia yadonii. The information supplied by the Pebble Beach Company 
in 1992, when the preparation of the proposed rule began, estimated the 
population of P. yadonii in the Del Monte Forest to be about 400 plants 
(G. Fryberger, in. litt. 1992). The 1995 surveys, funded by the Pebble 
Beach Company, were not completed and made available to the Service 
before publication of the proposed rule in August 1995.
    Data from the surveys in 1995 and 1996 support the range as stated 
in the proposed rule with the exception of the Lobos Ranch and Palo 
Colorado populations which represent a range extension south of the 
Monterey Peninsula. Regions to the north and east of the known range of 
this species have been searched without success and the appropriate 
dwarf maritime chaparral and Monterey pine forest habitats are absent 
or uncommon there (R. Morgan, pers. comm. 1996; Allen 1996). Additional 
colonies within the range of this species may be discovered on private 
lands, but large expanses of unsurveyed habitat with protected status 
and appropriate habitat do not exist. Those portions of Fort Ord 
identified for protection of natural resources are the largest 
protected tracts of land within the range of P. yadonii. Surveys have 
been conducted at Fort Ord and have located and identified P. yadonii 
in only one location with fewer than 50 plants (Jones and Stokes Assoc. 
1996; Allen 1996). Fort Ord appears to have little of the stunted 
maritime chaparral habitat in which this species is found (D. Allen, 
Biological Consultant, pers. comm. 1997).
    The 1995 and 1996 surveys revealed that population sizes in the 
proposed rule had been vastly underestimated because they were based on 
counts of flowering specimens. Although P. yadonii is now known to be 
more abundant than stated in the proposed rule, the Service's decision 
to list this species is based on significant threats from direct loss 
and fragmentation of its remaining habitat in the foreseeable future. 
The Service has considered all new information received during public 
comment periods in making this final determination and has incorporated 
it into this final rule.
    Issue 4: Several commenters suggested that Piperia yadonii plants 
can be distinguished from other Piperia species with which it may occur 
only by their flowers; therefore, those population estimates based on 
counts of basal leaves may have overestimated the true population sizes 
of P. yadonii by including colonies of other Piperia species.
    Service Response: The Service agrees that flowers are needed for a 
positive identification of Piperia yadonii. The surveys conducted in 
1995 and 1996 relied primarily on counts of basal leaves for population 
estimates. In most populations, however, the surveyors caged plants 
when making initial counts of basal leaves and noted leaf 
characteristics if they appeared to differ from those of P. yadonii. 
Populations were revisited during June and July when P. yadonii is in 
flower to confirm identification. In the few cases where no flowering 
plants were found, the plants were not assigned to species; in cases 
where a mix of species was found the estimates were based on leaf 
characteristics and, in some cases, habitat type (Allen 1996). The 
principle surveyor was noted to be a careful observer (V Yadon, in 
litt. 1997). While acknowledging the potential for

[[Page 43107]]

overestimates, the Service has accepted the information and focused on 
comparative population size and status, rather than specific counts.
    Issue 5: One commenter submitted the results of experimental 
transplantation of Piperia yadonii. The commenter suggested that there 
existed suitable habitat for P. yadonii that was not at carrying 
capacity and that transplantation and the dispersal of seeds to 
unoccupied sites ``. . .offers a means of reducing the threat posed by 
development.''
    Service Response: The commenter submitted 1 year of data on the 
results of transplantation experiments on Piperia yadonii. Survival on 
four sites 10 months after early April transplanting ranged from 11 
percent to 69 percent and averaged less than 50 percent. The proportion 
of transplanted plants flowering on these sites ranged from 0 to 7 
percent. Of the 113 plants transplanted in October, 73 percent survived 
to the following February's monitoring date. Of these plants, 20 
percent formed floral spikes (Allen 1997; M. Zander, in litt. 1997).
    Two possible explanations exist for the absence of Piperia yadonii 
from areas of seemingly suitable habitat in the Del Monte Forest. 
Either a lack of seed dispersal has limited the ability of P. yadonii 
to colonize these areas or the habitat is not suitable for the 
establishment and maintenance of a viable population of this species. 
P. yadonii has light-weight, wind-dispersed seeds, capable of long-
distance dispersal, making the former explanation less likely, although 
still possible. In the latter case, many habitats which may initially 
appear suitable may not be able to support a viable population of 
Piperia yadonii over the range of environmental conditions that can be 
expected to occur through time. For example, an introduced population 
that may persist during a period of normal rainfall may perish during 
an extended drought. To demonstrate that an area of currently 
unoccupied habitat is capable of supporting a viable self-sustaining 
population of Piperia yadonii could take several decades. The 
population would have to persist through the range of environmental 
conditions common to the region where it occurs. The Service is not 
aware of any evidence that demonstrates the existence of unoccupied 
habitat suitable for the growth and persistence of any of the species 
in this rule, including P. yadonii. The Service does not accept 
transplantation or manual seed dispersal as alternatives to protecting 
naturally occurring populations with proven ability to persist through 
the environmental extremes.
    Issue 6: One commenter concluded that the discovery of the 
population of Potentilla hickmanii in San Mateo County raises the 
potential that other populations may be discovered and that the 
Service's listing is therefore ``. . .premature and. . .unwarranted.'' 
The commenter also contends that the Service must now conduct further 
surveys for this species to determine if listing is warranted.
    Service Response: The discovery of the population in San Mateo 
County does not substantially change the status of this species. 
Potentilla hickmanii is known from only two locations. The San Mateo 
County site that was recently discovered matches the general location 
of historical collections from the 1930s. Following the discovery of 
this population, intensive surveys have been conducted for this species 
from Pillar Point near Half Moon Bay to Mori Point near Pacifica, San 
Mateo County. No additional populations have been found (T. Morosco, in 
litt. 1997). In 1990, Ferreira (1995) searched the historical 
collection location near the Pacific Grove reservoir without success. 
As discussed under Factor A in the ``Summary of Factors Affecting the 
Species'' section, the Monterey population has fewer than 25 plants and 
is potentially threatened by hydrologic changes due to proposed 
development. The Service is neither required nor funded to conduct 
further surveys for this species, and concludes that the best available 
information is sufficient to support the listing of this species under 
the Act.
    Issue 7: One commenter concluded that listing will not provide any 
additional protection to Trifolium trichocalyx because most of the 
seedbank of this species is located in the Huckleberry Hill Open Space 
area and the Morse Reserve. The commenter also concluded that the 
Service has ignored existing regulatory mechanisms which protect most 
of the seedbank of T. trichocalyx.
    Service Response: In 1987, a wildfire on Huckleberry Hill burned 
the central and southern portions of the habitat of Trifolium 
trichocalyx. Following that fire, the largest colony of T. trichocalyx 
was found on lands owned by the Pebble Beach Company outside of and 
within the southern border of the Huckleberry Hill Open Space area 
(maps by M. Griggs, in litt. 1988; V. Yadon, in litt. 1988). Much of 
this site is now within the boundaries of one of the residential 
subdivisions proposed by the Pebble Beach Company (EIP Associates 
1995). A comparison of the maps of occupied habitat submitted to the 
California Department of Fish and Game in 1988 (maps by M. Griggs, in 
litt. 1988; V. Yadon, in litt. 1988) to the proposed footprint of the 
proposed development (EIP Associates 1995), show that existing lots and 
a 30-m (100-ft) setback will extend over about one-quarter of the 
clover habitat occupied in 1988 (Jones and Stokes Assoc. 1996). Other 
maps produced in 1988 and used in the environmental document, however, 
indicate that the lots and setback extend up to, but do not cover, 
habitat occupied in 1988 (EIP Associates 1995). As proposed in the 
environmental document, the habitat containing the seedbank outside of 
the lot boundaries and setback, would be designated forested open space 
(EIP Associates 1995). The Service believes that existing and proposed 
residential development either adjacent to, or partially over, the 
existing clover seedbank substantially diminishes the potential for the 
use of fire as a management tool to maintain this species. The Service 
discusses existing regulatory mechanisms in more detail under Factor D 
of the ``Summary of Factors Affecting the Species'' section.
    Issue 8: Two commenters concluded that Cupressus goveniana ssp. 
goveniana is already protected due to its inclusion in the Huckleberry 
Hill Open Space and the Morse Botanical Reserve and is therefore 
unlikely to become endangered in the foreseeable future. One commenter 
stated that it is likely that fire would be used as a management tool 
in the future in Del Monte Forest.
    Service Response: As discussed in the ``Background'' section, 
Cupressus goveniana ssp. goveniana is adapted to regenerate after a 
fire. While some regeneration following mechanical clearing has 
occurred along a fire road (EIP Associates 1995; Patterson et al. 
1995), periodic fire is the most effective and efficient method of 
promoting forest regeneration. The lands on which most of the cypress 
grows are included in the Morse Botanical Reserve and, therefore, will 
not be developed. However, the periodic fires that create conditions 
necessary for regeneration of the grove, are less likely to occur as 
residential development encroaches on the Reserve and the Huckleberry 
Hill Open Space area. At least three of the subdivisions proposed for 
development by the Pebble Beach Company are to be located within 300 m 
(984 ft) of the Morse Reserve. One of these proposed subdivisions, 
would be directly adjacent to the Cupressus stands in the Morse Reserve 
and C. goveniana ssp. goveniana occurs within its northern boundary 
(EIP Associates

[[Page 43108]]

1995). The 1990 Forest Maintenance Standard prepared for the 
Huckleberry Hill Open Space stated that agencies which have the 
authority to permit prescribed burns in the area recommended against 
it. As with Trifolium trichocalyx (see Issue 7) the Service concludes 
that existing and proposed adjacent residential development 
substantially diminish the potential for the use of fire as a 
management tool to maintain this species. Existing regulatory 
mechanisms are discussed in more detail under Factor D of the ``Summary 
of Factors Affecting the Species'' section.
    Issue 9: One commenter concluded that the Service should designate 
critical habitat and disputed the Service's reasoning that to do so 
would not be prudent due to the potential for vandalism and the lack of 
benefit. The commenter suggested that vandals interested in the plants' 
locations could get them from the Service by requesting them under the 
Freedom of Information Act (FOIA).
    Service Response: The Service has concluded that designating 
critical habitat for these species is not prudent for the reasons 
discussed in the ``Critical Habitat'' section of this rule. Critical 
habitat designation primarily affects Federal activities on lands on 
which there is, or is likely to be, some involvement by a Federal 
agency. All but one of these plants occur only on non-Federal lands 
where there is no foreseeable Federal involvement. A few small 
populations of Piperia yadonii occur on Federal land at the Department 
of the Army's Presidio of Monterey, at the Naval Post-Graduate School 
in Monterey, and on the former Fort Ord. The site on the former Fort 
Ord is to be transferred to a local management entity, permanently 
protected, and managed for the conservation of plants and wildlife.
    There may be some small benefit that results from public 
notification if critical habitat is designated, but this benefit is 
largely duplicative with the public notification that is part of the 
listing process itself. Moreover, any benefit that results from public 
notification must be weighed against the potential for increasing the 
degree of threat to the species and also against the potential for 
making cooperative recovery efforts more difficult. The Service also is 
concerned about the potential for overcollecting of Piperia yadonii if 
critical habitat descriptions and precise maps of plant locations were 
to be published in the Federal Register. An international trade exists 
in orchid species and the attractiveness of P. yadonii to 
horticulturalists may be enhanced by its listing as an endangered 
species. At its present population size on the Peninsula, an increase 
in collection is not likely to substantially affect this species in 
itself, but combined with further expected habitat loss and 
fragmentation, the collection of flowering individuals could be 
deleterious to this species. By publishing maps identifying the precise 
locations of this plant species, the Service could be contributing to 
its decline. Although these maps may be available through a FOIA 
request, anyone intending to vandalize these species or their habitat 
is unlikely to request this information in such a public and documented 
way. The Service believes that any small benefit from critical habitat 
designation is outweighed by the increased threat to Piperia yadonii 
species from overcollection and vandalism. A more detailed discussion 
of all aspects of critical habitat discussion for these five taxa is 
provided in the ``Critical Habitat'' section.
    Issue 10: One commenter stated that the Service has violated the 
Administrative Procedures Act by not notifying the County of San Mateo 
of the proposed rule, since a population of Potentilla hickmanii occurs 
in San Mateo County.
    Service Response: At the time the proposed rule was prepared, the 
population of Potentilla hickmanii in San Mateo County had not been 
discovered (R. Vonarb, in litt. 1995). Since none of the species in the 
rule were known to be extant in any county other than Monterey, no 
additional county governments were included on the address list. The 
County of San Mateo was included in the notification provided during 
the most recent comment period.
    Issue 11: One commenter requested that the Service prepare an 
environmental impact report (EIR) for this listing action.
    Service response: Because the Service is a Federal agency its 
actions are regulated by the National Environmental Policy Act (NEPA), 
which would require preparation of an Environmental Impact Statement 
(EIS). This action is not regulated under the California Environmental 
Quality Act (CEQA) which would require preparation of an EIR. The 
Service has previously determined (48 FR 49244) that rules issued 
pursuant to section 4(a) of the Act do not require the preparation of 
an EIS.
    Issue 12: One commenter was concerned that urban and golf course 
development and recreational and military activities would be curtailed 
by the listing of these species because these activities were 
identified as threats in the proposed rule.
    Service Response: In some cases, the activities described above may 
be modified if they are likely to adversely affect a federally listed 
species. Federal listing provides some protection to plant species on 
Federal lands, and elsewhere if a Federal permit or authorization is 
required for a proposed action. Federal listing also provides a 
significant degree of recognition by State and local agencies and 
private landowners which may result in increased protection. Of the 
activities addressed above, those of the military would require 
consultation with the Service to ensure that military activities would 
not jeopardize the continued existence of listed taxa. Greater detail 
on the prohibitions and protections afforded listed plant species is 
found in the ``Available Conservation Measures'' section.

Peer Review

    In accordance with policy promulgated July 1, 1994 (59 FR 34270), 
the Service solicited the expert opinions of independent specialists 
regarding pertinent scientific or commercial data and assumptions 
relating to the population biology and supportive biological and 
ecological information for the species under consideration for listing. 
The purpose of such review is to ensure listing decisions are based on 
scientifically sound data, assumptions, and analyses, including input 
of appropriate experts and specialists.
    Three peer reviewers were asked specific questions relating to the 
conclusions and assumptions included in the proposal for Cupressus 
goveniana ssp. goveniana, Piperia yadonii, and Potentilla hickmanii. 
Their comments have been incorporated into the final rule as 
appropriate and are summarized below.
    One reviewer commented that most Piperia species are pollinated by 
moths. The reviewer hypothesized that the species has a mixed breeding 
system that involves both outcrossing and inbreeding (either through 
self-fertilization or breeding with neighboring plants that are likely 
to be related). The reviewer agreed that because Piperia have wind-
dispersed seed, physical obstructions, such as houses, may affect seed 
dispersal. The reviewer suggested that the effects of development and 
habitat fragmentation on the pollinators of Piperia yadonii may be of 
greater concern than the effects on seed dispersal or germination, 
particularly if the species is primarily pollinated by insects of 
restricted distribution. The same reviewer also

[[Page 43109]]

concluded that knowledge of the partitioning of genetic variation in 
Piperia yadonii could influence the conservation strategy for this 
taxon. Recent research results suggest that widespread tropical orchid 
species have much of their genetic variation within populations and 
fewer differences between populations, while in outcrossing species 
with restricted distributions gene flow may be similarly restricted and 
thus the genetic variability found in one population may differ 
substantially from that of another. If this is true in the genus 
Piperia, then species with restricted distributions, such as P. 
yadonii, would be more likely to differ genetically between 
populations. Therefore, to preserve the variability found within the 
species, as many populations as possible would need to be preserved.
    Both reviewers of the Piperia information agreed that the habitat 
information provided by Allen (1997) was consistent with what they know 
of the species and genus. Mowing of flowering stalks and herbivory by 
deer were threats discussed by one reviewer.
    The reviewer who commented on Cupressus goveniana ssp. goveniana 
agreed with the Service's conclusion that changes in the fire cycle 
were a threat to this taxon. The reviewer noted that opposition to 
prescribed burning in the Del Monte Forest still exists, although less 
so than in the past. The reviewer noted that vegetation removal along 
fire roads in the Cupressus stands on the Peninsula has been a problem 
and that erosion has increased due to fire road construction and 
maintenance.
    Two reviewers commented on the reproductive biology of Potentilla 
hickmanii; one reviewer concluded that the species was self-compatible 
while the other reviewer noted that self-pollinated plants in a recent 
controlled experiment did not produce seed. Very few potential 
pollinating insects have been noted on P. hickmanii, despite focused 
observations by one of the reviewers. One reviewer specifically noted 
that seed set is generally low. One reviewer responded to the Service's 
query about distribution of this species by providing information on 
recent searches that have been conducted specifically for P. hickmanii. 
No additional populations have been located, and very few unsearched 
areas that may have appropriate habitat remain to be searched. Both 
reviewers agreed that nonnative species are a threat to this species at 
both locations where it is known to occur.

Summary of Factors Affecting the Species

    Section 4 of the Endangered Species Act (16 U.S.C. 1533) and 
regulations (50 CFR part 424) promulgated to implement the listing 
provisions of the Act set forth the procedures for adding species to 
the Federal Lists. A species may be determined to be an endangered or 
threatened species due to one or more of the five factors described in 
section 4(a)(1). These factors and their application to Astragalus 
tener Gray var. titi (Eastw.) Barneby (coastal dunes milk-vetch), 
Cupressus goveniana Gord. ssp. goveniana (Gowen cypress), Piperia 
yadonii Morgan & Ackerman (Yadon's piperia), Potentilla hickmanii 
Eastw. (Hickman's potentilla), and Trifolium trichocalyx Heller 
(Monterey clover) are as follows:

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

    Two of the plant taxa, Astragalus tener var. titi and Trifolium 
trichocalyx, occur only on the Monterey Peninsula. The largest of the 
two Cupressus goveniana ssp. goveniana stands occurs on the Monterey 
Peninsula, as does one of only two populations of Potentilla hickmanii. 
The Monterey Peninsula is also the center of distribution of, and 
supports the largest concentration of, Piperia yadonii. Habitat for all 
five plant taxa has been altered, destroyed, or fragmented by 
residential development and conversion to golf courses and other 
recreational facilities.
    Recent estimates of the loss of Monterey pine forest in California 
indicate that 40 percent (Huffman and Assoc. 1994) to 50 percent (Jones 
and Stokes Assoc. 1994a) of the Monterey pine forest once found in the 
Monterey region has been eliminated. On the Monterey Peninsula itself, 
the proportion destroyed is much greater; on those marine terraces and 
old dune soils that underlie most of the Peninsula, less than 20 
percent of the historical Monterey pine forest is estimated to remain, 
much of it in fragmented and increasingly isolated stands (Jones and 
Stokes Assoc. 1994a). The Pebble Beach Company's lot development 
program includes proposed construction of 15 residential subdivisions, 
the Del Monte Forest's 8th 18-hole golf course, and associated 
recreational facilities on 277 ha (685 ac). This development would 
eliminate or degrade 165 ha (412 ac) of Monterey pine forest and 
associated maritime chaparral habitat on the Peninsula, including the 
Peninsula's second largest contiguous block of forest habitat (EIP 
Associates 1995). Most populations of each species in this rule occur 
within this remnant block of forest or closely associated meadow and 
terrace habitats. Habitat loss, fragmentation, and alteration resulting 
from previous and proposed developments pose significant threats to all 
five plant taxa in this rule.
    Habitat fragmentation, by reducing native vegetation to ``islands'' 
within a matrix of roads, residences, and golf courses, leads to 
population declines and extirpations in several ways. As habitats are 
reduced to smaller parcels, natural ecosystem processes that act over 
large areas, such as hydrologic or fire regimes, are altered. The edges 
of habitat ``islands'' and the species within them may experience 
changes in light level, wind velocity (leading to blowdown of trees), 
moisture availability and an increase in alien species. When the 
habitat fragments are small, these ``edge effects'' may influence the 
entire remnant habitat. As species composition of these remnant 
habitats change, pollination and herbivory may be affected (Harris and 
Silva-Lopez 1992). Other influences from the surrounding environments, 
such as drifting of pesticides, trampling by humans, dumping of yard 
waste, and cutting of vegetation for fire control, also can have 
significant deleterious effects on the survival of native species.
    Astragalus tener var. titi is believed extirpated in San Diego and 
Los Angeles counties due to habitat destruction. The only known 
occurrence is composed of eleven colonies, bisected by two roads, a 
golf green, and an 8-foot wide horse trail on the Monterey Peninsula. 
Development of the marine terrace habitat of this species has led to 
actual and potential problems with invasive alien species, trampling, 
and potential genetic changes, discussed under Factor E.
    Cupressus goveniana ssp. goveniana is restricted to only two sites 
in western Monterey County. The occurrence on the Monterey Peninsula is 
located in the Morse Botanical Reserve and Huckleberry Hill Open Space 
area. As development has surrounded this location, the edges and 
outlying stands of this occurrence have been eliminated or diminished. 
For example, portions of this occurrence were lost during construction 
of the Poppy Hills golf course in the 1980s (J. Vandevere, California 
Native Plant Society (CNPS), in litt. 1992; G. Fryberger, pers. comm. 
1992). Trees planted as mitigation for that loss and a small stand of 
naturally occurring C. goveniana ssp. goveniana and Pinus muricata were 
left in a 19.5-ac habitat patch of Monterey pine forest and chaparral, 
bounded by golf green.

[[Page 43110]]

As proposed for the most recent subdivision and development, this site 
would be converted to a 21-lot residential area, eliminating most of 
the naturally occurring cypress and leaving the remaining cypress in a 
portion of 2.8 ha (7 ac) of Forested Open Space bounded by roads, a 
golf green and houses (EIP Assoc. 1995). At least three of the proposed 
subdivisions are within 300 m (1000 ft) of the C. goveniana ssp. 
goveniana stands in the Morse Reserve and one proposed residential 
development abuts the Reserve's southwest corner (EIP Assoc. 1995). The 
proximity of these residential areas diminishes the opportunity to use 
prescribed fire as a management tool within the reserve. In addition, 
due to concern about potential wildfire, 12-ft wide fire roads have 
been maintained throughout the Reserve and Huckleberry Hill Open Space, 
removing individual Cupressus trees and causing erosion in some places 
(Forest Maintenance Standard 1990, V. Yadon in litt. 1997). These fire 
roads provide a suitable path for alien plants to enter and spread 
through the stands.
    Potentilla hickmanii on the Monterey Peninsula is known from one 
occurrence of about 25 plants that grow in a meadow area designated as 
open space and used for recreation. In the 1970s, habitat occupied by 
P. hickmanii was lost and degraded by fill brought in for a ball field 
(Ferreira 1995); habitat trampling during recreational activities was 
noted as recently as 1995 (Jones and Stokes Assoc. 1996). In 1996, the 
Pebble Beach Company built an additional wood fence to exclude 
recreational activities from the remainder of the population (M. 
Zander, in litt. 1996). Currently, development of an 18-ac, 21-lot 
residential subdivision is proposed in Monterey pine forest within 100 
m (330 ft) of the occurrence (EIP Associates 1995). This subdivision 
could negatively affect P. hickmanii both by increasing the amount of 
human use in the area and by altering the hydrology of the site; a 
small watercourse and freshwater marsh that likely influence the meadow 
habitat of P. hickmanii are located about 400 m (1300 ft) upslope from 
the occurrence and are within the proposed lot development area. 
Mitigation proposed to reduce this threat is the elimination of the 
three lots that cover and border the marsh and riparian areas (EIP 
Associates 1995). Nevertheless, runoff into the meadow may be affected 
by upslope development.
    The Monterey Peninsula appears to be the center of distribution of 
Piperia yadonii. The Peninsula provides the greatest amount of 
remaining contiguous habitat and supports about 70 percent of known 
plants. The Del Monte Forest includes over half (73 ha (184 ac)) of the 
acreage estimated to still be extant for this species (EIP Associates 
1995, Allen 1996). Based on the distribution of plants found in 
remaining Monterey pine forest, historical collections from Pacific 
Grove, and the amount of Monterey Pine forest which the Peninsula 
historically supported, the distribution of P. yadonii today is likely 
only a fraction of the historical extent of this species on the 
Peninsula. In the habitat that remains, P. yadonii is found in 13 of 
the proposed subdivisions. The 245-ac site of the proposed golf course 
supports about 16,000 individuals of this species and is the second 
largest contiguous stand of Monterey pine forest left on the Peninsula. 
The development currently proposed by the Pebble Beach Company would 
result in the loss or alteration of habitat supporting about 46,000 
plants of Piperia yadonii on about 60 ha (149 ac) (EIP Associates 
1995). This is about 80 percent of known plants on the Peninsula.
    Including the 7,500 plants in the Huckleberry Hill Reserve (Richard 
Nichols, EIP Associates, pers. comm. 1997), about 10,800 plants of 
Piperia yadonii would fall within proposed forested open space (EIP 
Associates 1995). Other open space areas are located at the ends or 
borders of the proposed subdivisions or in some cases are encircled by 
the proposed lots. The effects of habitat fragmentation are likely to 
result in the eventual extirpation of colonies in these areas. In the 
nearby La Mesa housing development, for example, Genista monspessulana, 
an alien shrub, has invaded and is expected to engulf remnant habitats 
that support Piperia yadonii (Uribe & Assoc. 1993). Trampling by 
recreationists is a noted problem in remnant habitats that support P. 
yadonii at two city parks (D. Allen, pers. comm. 1997). Mowing for 
roadside fire control, which shears off the flowering stalks of P. 
yadonii, thereby preventing reproduction, also occurs in remnant open 
space habitats on the Peninsula (V. Yadon, in litt. 1997).
    Beyond the Monterey Peninsula, over 60 percent of the known Piperia 
yadonii plants are on privately owned lands without protection, most of 
these in the Prunedale area. Two residential developments of over 16 ha 
(40 ac), each of which support potential maritime chaparral habitat, 
have been approved in this area in the last 2 years (L. Osorio, 
Monterey County Planning and Building Inspection, pers. comm. 1997). A 
third property, known to support several thousand P. yadonii, has been 
subdivided, but construction has not yet begun (M. Silberstein, Elkhorn 
Slough Foundation, pers. comm. 1997).
    Trifolium trichocalyx is known only from Monterey pine forest on 
the Monterey Peninsula. Because this species appears to persist 
primarily as a seedbank until fire causes a flush of establishment, 
only a few colonies of living plants have been seen recently within and 
south of the Huckleberry Hill Open Space area in a region that burned 
in 1987 (Jones and Stokes Assoc. 1996). Of locations mapped for this 
species since the mid-1980s, about one-half of the area where plants 
have been recorded is in the Huckleberry Hill Open Space area and Morse 
Reserve, and approximately one-half occurs to the south and east. The 
mapped location of one colony is now a golf green (Ferreira 1995). The 
development lots and vegetation clearance zones for one of the proposed 
subdivisions appear to extend over a part of the largest occurrence 
mapped after the 1987 fire (Yadon in litt. 1988, Jones and Stokes 
Assoc. 1996), although other documents depict the lots adjacent to, but 
not over, previously mapped occupied habitat (EIP Associates 1995, M. 
Zander, in litt. 1996). In either case, the construction of residences 
over or directly adjacent to this occurrence is likely to preclude the 
use of fire as a management tool to promote its continued existence in 
the future.

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

    Overutilization is not currently known to be a factor for the five 
plant taxa, but unrestricted collecting for horticultural purposes or 
excessive visits by individuals interested in seeing rare plants is a 
potential threat to these taxa. Piperia yadonii, like many other 
orchids and showy-flowered monocots, may be particularly vulnerable to 
collecting by amateur and professional horticulturalists due to the 
plant's unusual flower and its tuberous growth habitat which increases 
the ease with which it can be moved.
    Vandalism is a potential threat for Potentilla hickmanii and 
Astragalus tener var. titi. The sites that these plants inhabit could 
be easily vandalized, resulting in the destruction of a significant 
portion of the population. The sites where A. tener var. titi exist are 
small and easily accessible, increasing their susceptibility to 
destruction.

[[Page 43111]]

C. Disease or Predation

    Disease is not known to be a factor affecting the five plant taxa 
being proposed as endangered. Several references discuss diseases that 
affect cypresses (Peterson 1967, Wagener 1948). However, diseases, such 
as the oak root fungus (Armillariella mellea) and the canker-producing 
strain of Cornyeum, primarily seem to attack cypresses planted outside 
of their native range and in nursery settings (Wagener 1948). No signs 
of disease or predation have been noted by biologists familiar with the 
two Cupressus goveniana ssp. goveniana groves (J. Griffin, Hastings 
Natural History Reservation, pers. comm. 1992; V. Yadon, pers. comm. 
1992).
    Increased predation (herbivory) by deer due to an elevated deer 
population on the Peninsula is a potential threat to Piperia yadonii. 
During surveys in 1995 and 1996 a sample of plants both on and off of 
the Peninsula were placed under cages to protect them from large 
herbivores. About 13 percent of the caged plants flowered, while in 
unprotected plants only about 2 percent could be found with flowering 
stems (Allen 1996), a reduction of 85 percent. Severe herbivory of 
leaves, also likely from deer, has been noted as well (V. Yadon, in 
litt. 1997). Although the Service is not aware of any quantitative data 
on deer populations on the Peninsula, anecdotal evidence, such as 
sightings and reports of health, suggest that the number of deer on the 
Peninsula is high (T. Palmisano, California Department of Fish and Game 
(CDFG), pers. comm. 1997; Mary Ann Matthews, CNPS, in litt. 1996; D. 
Steeck, USFWS, pers. obs. 1996). If the loss of 85 percent of flowering 
stems calculated by Allen (1996) is close to actual herbivory rates on 
the Peninsula, predation could have a substantial effect on the 
reproductive success of the species, particularly as populations are 
reduced by large scale habitat loss and fragmentation due to 
development.

D. The Inadequacy of Existing Regulatory Mechanisms

    Existing regulatory mechanisms that may provide some protection for 
taxa in this rule include--(1) the California Endangered Species Act 
(CESA); (2) the California Environmental Quality Act (CEQA); (3) the 
California Coastal Act; and (3) local land use laws, regulations, and 
policies.
    Under the CESA (California Fish and Game Code section 2050 et seq.) 
and the Native Plant Protection Act (California Fish and Game Code 
section 1900 et seq.), the California Fish and Game Commission has 
listed Astragalus tener var. titi, Potentilla hickmanii, and Trifolium 
trichocalyx as endangered. Piperia yadonii and Cupressus goveniana ssp. 
goveniana are on List 1B of the CNPS Inventory (Skinner and Pavlik 
1994), indicating that, in accordance with section 1901 of the CDFG 
Code, they are eligible for State listing. Although the CESA prohibits 
the ``take'' of State-listed plants (section 1908 and section 2080) not 
all projects comply and the law is not always enforced. California 
Senate Bill 879, passed in 1997 and effective January 1, 1998, requires 
individuals to obtain a section 2081(b) permit from CDFG to take a 
listed species incidental to otherwise lawful activities, and requires 
that all impacts be fully mitigated and all mitigation measures be 
capable of successful implementation.
    These requirements have not been tested and several years will be 
required to evaluate their effectiveness.
    The 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 
the project. Required biological surveys are not always adequate to 
identify sensitive species, however. For example, in the northern 
portion of the range of Piperia yadonii a 40-acre residential 
development was recently approved in an area that contains maritime 
chaparral habitat and is located within 5 miles of a known site of P. 
yadonii. The biological survey was conducted in September 1995, when no 
above-ground parts of P. yadonii are present. When sensitive species 
are identified, proposed mitigation for significant impacts often 
involves transplantation of sensitive plants (EIP Associates 1995) 
which has poor success rates (Fiedler 1991, Allen 1994, M. Zander, in 
litt. 1997). Furthermore, when the effects of a proposed project cannot 
be mitigated to a level of insignificance, the County lead agency may 
still cite overriding considerations and approve the project.
    All of the taxa in this rule occur, in part, in that portion of the 
Monterey Peninsula included in the California Coastal Zone. The Del 
Monte Forest Land Use Plan of 1984 (Del Monte Forest LUP) was developed 
to comply with the Coastal Act's requirement that all counties prepare 
a plan for those portions of the Coastal Zone within their 
jurisdiction. Once the Del Monte Forest LUP was certified by the 
Coastal Commission, development permits within the Del Monte Forest 
Coastal Zone became the responsibility of the County of Monterey. The 
County planning process does not appear to be implemented in a manner 
that will maintain the standards developed in the Del Monte Forest LUP, 
in some cases. For example, the Coastal Act defines Environmentally 
Sensitive Habitat Areas (ESHAs) as ``...any area in which plant or 
animal life or their habitats are either rare or especially 
valuable...and which could be easily disturbed or degraded by human 
activities and developments.'' County policy identifies ESHAs as those 
identified in the 1984 LUP. Because Piperia yadonii was not recognized 
taxonomically in 1984, its location in the Del Monte Forest is not 
addressed as an ESHA in the recent County environmental impact report 
for the Pebble Beach Company's proposed development (EIP Associates 
1995). It therefore does not receive the protections afforded by the 
Coastal Act (EIP Associates 1995).
    Sites which support the other species in this rule, Cupressus 
goveniana ssp. goveniana, Piperia hickmanii, part of the occurrence of 
Trifolium trichocalyx and Astragalus tener var. titi, were designated 
ESHAs in the Del Monte Forest LUP. The LUP and appended Management Plan 
for Del Monte Forest Open Space Property specifies that these sites 
will remain in undeveloped open space and will be managed to protect 
the sensitive plant species which occur there. In managing these areas, 
the Pebble Beach Company has constructed fencing around part of the P. 
hickmanni and A. tener var. titi occurrences and has a program for 
control or eradication of alien species within those ESHAs under their 
management. The DMFF, which manages the Morse Reserve and Huckleberry 
Hill Open Space area, also has a control program for alien species. 
Despite these protections, adjacent areas identified for development 
have negatively affected, and likely will continue to, affect these 
areas. For example, the C. goveniana ssp. goveniana stands that 
extended outside the boundaries of the Morse Reserve were removed 
during the development of Poppy Hills golf course, and wetlands upslope 
from the Potentilla hickmanni occurrence are likely to be influenced by 
a proposed housing development (EIP Associates 1995). While the Coastal 
Act and resulting Del Monte Forest LUP provide some protection for the 
occurrences of these plant taxa located in the Coastal Zone, the 
Service

[[Page 43112]]

concludes that it is not adequate to preclude the need to list these 
taxa at this time.
    A management plan for Point Lobos State Reserve states that the 
major effort within the Reserve will be ``management toward the 
pristine state, that is, the state the ecosystem(s) would have achieved 
if European man had not interfered,'' but also to provide limited 
public access to the Cupressus goveniana ssp. goveniana area (CDPR 
1979). The stand is currently protected from human disturbance by 
virtue of its isolation. With surrounding parcels to be transferred to 
the Reserve over the next decade, more active management of the area, 
particularly prescribed burning, is likely (K. Gray, pers. comm. 1997).
    The Service concludes that existing regulatory mechanisms have 
provided some protection for these taxa, but the implementation of the 
regulations has not been adequate to preclude the need to list these 
taxa.

E. Other Natural or Manmade Factors Affecting Their Continued Existence

    Alien plant taxa threaten or are a potential threat to four of the 
taxa included in this rule. Two of the five plant taxa occur in meadow 
habitat containing a high percentage of alien plants. Along 17-Mile 
Drive, Astragalus tener var. titi occurs with the alien Plantago 
coronopus (cut-leaf plantain) and Carpobrotus edulis. Carpobrotus 
edulis, in particular, spreads rapidly and competes aggressively with 
native species for space. The Pebble Beach Company has an active C. 
edulis eradication program in, and adjacent to, the exclosure on the 
ocean side of 17-Mile Drive (M. Zander, in litt. 1997). However, C. 
edulis has been planted and is being maintained within a few feet of 
the unfenced portion of the habitat of A. tener var. titi on the inland 
side of 17-Mile Drive owned by the Monterey Peninsula Country Club 
(Zander 1996). Plantago coronopus, a prolific seeder, appears to be 
crowding out native species on both sides of 17-Mile Drive (Ferreira 
1995).
    Both populations of Potentilla hickmanii may be threatened by alien 
species. The population on the Monterey Peninsula occurs at Indian 
Village where Ferreira (1995) noted four alien grass taxa associated 
with it: Aira caryophylla, Bromus mollis, Festuca arundinacea, and 
Lolium multiflorum. The Festuca may have been introduced in a ``meadow 
mix'' used on adjacent fairways; its stature and invasiveness appear to 
compete with P. hickmanii. Plantago coronopus, also an alien, is 
present at this site and may be competing with P. hickmanii. Alien 
grasses, such as Phalaris aquatica, are also found at the San Mateo 
site, and Genista monspessulana, an invasive alien shrub, occurs there 
on the surrounding slopes (T. Morosco, in litt. 1997). At this location 
P. hickmanii is reported to occur in greatest concentrations in those 
areas that support the most intact native habitats with the fewest 
annual grasses (B. Ertter, in litt. 1997); whether lower densities 
elsewhere are due to competition from annual grasses has not yet been 
explored.
    Cortaderia jubata (pampasgrass) and Genista monspessulana (French 
broom) are two other alien plant taxa that invade forests and meadows 
on the Monterey Peninsula. The Pebble Beach Company has an on-going 
eradication program for these two taxa in the Huckleberry Hill area 
adjacent to Cupressus goveniana ssp. goveniana. However, numerous fire 
roads provide open habitat for these invasive taxa and it is unlikely 
that they will ever be completely eradicated from the area. An 
extensive stand of Genista has been mapped adjacent to the grove of C. 
goveniana ssp. goveniana at Pt. Lobos Reserve (Patterson et al. 1995), 
where it may interfere with stand regeneration in the future (K. Gray, 
pers. comm. 1997).
    Fire plays an important role in the regeneration of all cypress 
taxa (Vogl et al. 1988). Alteration of the natural fire cycle may 
negatively affect regeneration of Cupressus goveniana ssp. goveniana. 
Fire is essential since it opens cones that otherwise remain unopened 
on the trees, and it creates conditions appropriate for seedling 
establishment (Vogl et al. 1988). Prescribed burning has not been tried 
at the Pt. Lobos Ranch occurrence, in part due to the risks to 
surrounding privately owned lands (K. Gray, pers. comm. 1997).
    Griffin (pers. comm. 1992) and Ferreira (1995) have noted that 
establishment of Pinus radiata (Monterey pine) seedlings after the 1987 
fire has been so vigorous that the pine may be expanding its range at 
the expense of Cupressus goveniana ssp. goveniana. Yadon (retired 
Director, Pacific Grove Museum of Natural History, pers. comm. 1992) 
believes that the pine's preference for richer soils than those that 
support C. goveniana ssp. goveniana would prevent long-term 
establishment of pines in C. goveniana ssp. goveniana habitat.
    Trifolium trichocalyx exemplifies a taxon that may persist only as 
a seedbank for years until released by a fire event. Maintaining 
habitat and certain fire management prescriptions will be required to 
prevent the extinction of this species in the wild.
    Alteration of habitat due to continuing recreational use of 
portions of Pebble Beach threaten the small populations of Astragalus 
tener var. titi, and Potentilla hickmanii. Trampling by humans and 
horses can affect these taxa directly, as well as alter soil compaction 
and erosion such that alien taxa increase at the expense of native 
taxa.
    At least three of the five plant taxa are threatened with 
extinction from natural random acts by virtue of the limited number of 
individuals and range of the existing populations. Inbreeding may 
affect small or isolated populations if it results in inbreeding 
depression, typically characterized by lowered seed set, lowered 
germination rates, and lowered survival and reproduction by offspring. 
Small populations are also vulnerable to extinction by a single human-
caused or natural event. While annual plant taxa, such as Astragalus 
tener var. titi, will undergo radical fluctuations in population size 
as a result of natural environmental conditions, the long-term survival 
of this taxa depends on maintaining seed production and appropriate 
habitat for population expansion.
    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 list these 
species. Based on this evaluation, the preferred action is to list 
Astragalus tener var. titi, Piperia yadonii, Potentilla hickmanii, and 
Trifolium trichocalyx, as endangered. These taxa are in danger of 
extinction throughout all or a significant portion of their ranges due 
to habitat destruction and fragmentation from residential and 
recreational development; competition from alien plants; alteration of 
natural fire cycles; and the reduced numbers and size of populations 
that increase the likelihood of extinction from naturally occurring 
events and unanticipated human activities.
    For the reasons discussed as follows, the Service finds that 
Cupressus goveniana ssp. goveniana is likely to become endangered 
within the foreseeable future throughout all or a significant portion 
of its range due to habitat alteration and destruction, and/or 
disruption of natural fire cycles. Competition from alien plants is a 
potential threat. The Service has determined that threatened rather 
than endangered status is appropriate for C. goveniana ssp. goveniana 
because one of two populations (the Gibson Creek stand managed by the 
CDPR) has not been significantly affected by human

[[Page 43113]]

activities. Also, since it is long-lived, C. goveniana ssp. goveniana 
appears to be able to withstand several decades without fire as long as 
sufficient habitat is maintained. Other alternatives to this action 
were considered but not preferred because not listing this species 
would not provide adequate protection and would not be in keeping with 
the purposes of the Act, and listing it as endangered would not be 
appropriate, as the populations receive some protection in the Morse 
Reserve and at Pt. Lobos State Park. Therefore, the preferred action is 
to list Cupressus goveniana ssp. goveniana as threatened.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) the 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) essential to the conservation 
of the species and (II) that may require special management 
consideration or protection; and (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the taxa are determined to be endangered or threatened. Critical 
habitat is not determinable when one or both of the following 
situations exist--(1) Information sufficient to perform required 
analyses of the impacts of the designation is lacking, or (2) the 
biological needs of the species are not sufficiently well known to 
permit identification of an area as critical habitat (50 CFR 
424.12(a)(2)). Service regulations (50 CFR 424.12(a)(1)) state that 
designation of critical habitat is not prudent when one or both of the 
following situations exist--(1) the species is threatened by taking or 
other human activity, and identification of critical habitat can be 
expected to increase the degree of such threat to the species; or (2) 
such designation of critical habitat would not be beneficial to the 
species.
    Critical habitat designation applies only when the taxa involved 
occur on Federal lands or on non-Federal lands for which there is some 
Federal involvement. With the exception of Piperia yadonii, none of the 
plants in this rule occur on Federal lands, nor is there any historical 
record of them occurring on Federal lands. Federal lands with 
appropriate habitat are uncommon throughout the historical range of 
these species, and no potential habitat for Potentilla hickmanii, 
Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or 
Trifolium trichocalyx is known to occur on Federal lands. In addition, 
Federal involvement is unlikely to occur on non-Federal lands having, 
or likely to have, populations of these four species because the 
activities typically conducted in the habitat of these species do not 
normally require Federal permits or authorization or Federal funding.
    Due to this probable lack of Federal involvement, the only 
potential benefit that would result from critical habitat designation 
would be notification to the public, private landowners, and local 
government agencies of the need to protect these species and their 
habitats. However, during the listing process, and after a species is 
listed, the Service conducts public outreach in affected local 
communities. Because this form of public notification is more targeted 
to specific landowners and local governments, it is more effective than 
the notification that is provided through the designation of critical 
habitat. Thus, in the case of these four plant species, there would be 
little or no additional benefit provided by designation beyond that 
which results from the listing process itself. Furthermore, designation 
may lead to adverse reactions by landowners whose property is 
designated as critical habitat, because such an action is often 
misconstrued as an attempt by the Federal government to confiscate 
private property. In fact, section 9 of the Act does not prohibit 
destruction of plants or their habitat on private land. Moreover, 
because there is no likely Federal nexus there is no means of 
protecting critical habitat on these lands, even if critical habitat 
were to be designated. The widespread misconception that critical 
habitat designation on private lands necessarily imposes restrictions 
on private landowners makes designation of critical habitat 
counterproductive and renders cooperative efforts with private 
landowners to recover species more difficult. Such cooperative efforts 
are essential if the Service is to recover species which, like these 
four taxa, only occur on private lands where there is no known Federal 
nexus. Designation of critical habitat for Potentilla hickmanii, 
Astragalus tener var. titi, Cupressus goveniana ssp. goveniana, or 
Trifolium trichocalyx, therefore, is not prudent because the additional 
benefit, if any, that might derive from public notification duplicates 
those that come from the public outreach component of the listing 
process itself, and would be outweighed by the potential detriment to 
the recovery of these species due to the misconception that such 
designation imposes Federal restrictions on private landowners where no 
Federal nexus exists.
    Piperia yadonii also occurs predominantly on private lands where 
Federal involvement is unlikely. In the case of P. yadonii, however, a 
majority of its individuals are on lands of a single private landowner, 
who commissioned the studies that documented the species' range and 
population status. This landowner, therefore, is well aware of the 
presence and location of the species on its property and there would be 
no additional benefit to the species from providing to the landowner 
location information that it already has. Critical habitat designation 
also would increase the risk of overcollection of P. yadonii due to the 
publication of precise locational maps and detailed habitat 
descriptions as required under critical habitat regulations (16 U.S.C. 
1533(b) (5)(A)(I) and (6)(A); 50 CFR 424.12(c), 424.16(a) and 
424.18(a)). The risk of increased threat to P. yadonii from 
overcollection is discussed in more detail.
    Piperia yadonii also occurs on State lands. The location of these 
plants is known to the managing agency, the CDPR, which is committed to 
protecting these plants. Critical habitat designation for these lands, 
therefore, would not be of additional benefit to the species.
    One population of Piperia yadonii was reported from Federal land on 
Fort Ord in the early 1990s, but this species has not been seen there 
for several years despite extensive directed surveys (Jones and Stokes 
Assoc. 1996). The land where it occurred is to be preserved within a 
development area and will be transferred to a local entity for that 
purpose in the near future. Should the plant reappear at this site, it 
is likely that the population will be small and highly vulnerable to 
collection. Critical habitat designation at this site, therefore, may 
increase the threat to P. yadonii from overcollection in this easily 
accessible area.
    Three small colonies of Piperia yadonii, with a total of a few 
hundred plants, also occur on Federal lands managed by the Naval 
Postgraduate School and the Presidio of Monterey. The Navy is aware of 
the location of these plants and is committed to

[[Page 43114]]

protecting them. While designation of critical habitat for these 
populations may provide some small benefit, this benefit must be 
weighed against the risks associated with such designation. Piperia 
yadonii is an orchid, a plant family highly prized by collectors 
throughout the world. The threat that collection poses to wild orchids 
is considered sufficiently serious that the entire orchid family, with 
the exception of certain species considered at greatest risk, is 
included on Appendix II of the Convention on the International Trade in 
Endangered Species (American Orchid Society 1997). Although P. yadonii 
is not currently sought by collectors, other wild California orchids 
are collected (Coleman 1995). Piperia yadonii was previously classified 
as Habenaria unalascensis, Habenaria is a genus that is available 
commercially and for which instructions for the cultivation of its 
species are readily available on the Internet (Dragon Agro Products 
1997). The listing of P. yadonii as endangered publicizes the rarity of 
the taxa and thus can make them attractive to researchers, curiosity 
seekers, or collectors of rare plants. Furthermore, if the majority of 
the plants on the Peninsula are lost to proposed developments, the 
potential for collection of flowering individuals from protected 
populations will increase. Several of the small populations at the 
Presidio of Monterey and the Naval Postgraduate School are located 
adjacent to roads and easily accessible. Even limited collecting from 
small populations could have significant negative impacts.
    The publication of precise critical habitat descriptions and maps 
required in a proposal for critical habitat could increase the 
potential threat to these populations from possible overcollection and, 
thereby contribute to their decline. The Service believes, therefore, 
that the designation of critical habitat for the few populations of 
Piperia yadonii on Federal lands is not prudent because any small 
benefit such designation might confer is significantly outweighed by 
the potential for increasing the degree of threat to these populations 
from overcollection. In addition, the Navy is aware of the location of 
these plants.

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 states and requires that recovery actions be 
carried out for all listed species. The protection required of Federal 
agencies and the prohibitions against certain activities involving 
listed plants are discussed, in part, as follows.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being designated. Regulations implementing this 
interagency cooperation provision of the Act are codified at 50 CFR 
Part 402. Section 7(a)(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 species proposed for listing 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 insure that activities they authorize, fund, or carry out 
are not likely to jeopardize the continued existence of the 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.
    Only one of the taxa, Piperia yadonii, occurs on Federal lands. 
Four small colonies, totaling fewer than 500 plants, have been 
identified at the Department of the Army's Presidio of Monterey, at the 
Naval Post-Graduate School in Monterey, and on Fort Ord. The site at 
Fort Ord was located in the early 1990s, but this species has not been 
identified there for several years (Jones and Stokes Assoc. 1996). The 
land where it occurred is to be preserved within a development area and 
will be transferred to a local entity for that purpose in the near 
future. Federal agency actions that may require consultation include 
military training, construction of roads, and other developments that 
could affect these small colonies.
    The Act and its implementing regulations set forth a series of 
general prohibitions and exceptions that apply to all endangered or 
threatened plants. With respect to the four plant taxa proposed to be 
listed as endangered, all trade prohibitions of section 9(a)(2) of the 
Act, implemented by 50 CFR 17.61 and 17.71, would apply. These 
prohibitions, in part, make it illegal with respect to any endangered 
plant 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 these species 
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. Cupressus goveniana ssp. goveniana (Gowen cypress), 
proposed to be listed as threatened, would be subject to similar 
prohibitions (16 U.S.C. 1538(a)(2)(E); 50 CFR 17.61, 17.71). Seeds from 
cultivated specimens of threatened plant species are exempt from these 
prohibitions provided that a statement of ``cultivated origin'' appears 
on their containers. Certain exceptions apply to agents of the Service 
and State conservation agencies.
    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 and ongoing activities within 
a species' range. Colonies of Piperia yadonii are known to occur on 
Federal lands. The Service believes that, based upon the best available 
information, the following actions will not result in a violation of 
section 9, provided these activities are carried out in accordance with 
existing regulations and permit requirements:
    (1) Activities authorized, funded, or carried out by Federal 
agencies (e.g., grazing management, agricultural conversions, wetland 
and riparian habitat modification, flood and erosion control, 
residential development, recreational trail development, road 
construction, hazardous material containment and cleanup activities, 
prescribed burns, pesticide/herbicide application, pipelines or utility 
line crossing suitable habitat,) when such activity is conducted in 
accordance with any reasonable and prudent measures given by the 
Service according to section 7 of the Act;
    (2) Casual, dispersed human activities on foot or horseback (e.g., 
bird watching, sightseeing, photography, camping, hiking).
    (3) Activities on private lands that do not require Federal 
authorization and do not involve Federal funding, such as grazing 
management, agricultural conversions, flood and erosion control,

[[Page 43115]]

residential development, road construction, pesticide/herbicide 
application, and pipeline or utility line construction across suitable 
habitat.
    (4) Residential landscape maintenance, including the clearing of 
vegetation around one's personal residence as a fire break.
    The Service believes that the following might potentially result in 
a violation of section 9; however, possible violations are not limited 
to these actions alone:
    (1) Unauthorized collecting of the species on Federal lands;
    (2) Application of herbicides violating label restrictions;
    (3) Interstate or foreign commerce and import/export without 
previously obtaining an appropriate permit. Permits to conduct 
activities are available for purposes of scientific research and 
enhancement of propagation or survival of the species.
    Intentional collection, damage, or destruction on non-Federal lands 
may be a violation of State law or regulations or in violation of State 
criminal trespass law and therefore a violation of section 9. The Act 
and 50 CFR 17.62, 17.63, and 17.72 provide for the issuance of permits 
to carry out otherwise prohibited activities involving endangered or 
threatened plant species under certain circumstances. Such permits are 
available for scientific purposes and to enhance the propagation or 
survival of the species. It is anticipated that few trade permits will 
be sought. Several central coast nurseries have cultivated Cupressus 
goveniana ssp. goveniana on occasion, but it apparently is not popular 
enough to be kept in stock on a regular basis. The Pebble Beach Company 
is actively cultivating this plant to be used in efforts to restore 
disturbed habitat (G. Fryberger, in litt. 1992).
    Requests for copies of the regulations regarding listed plants and 
inquiries about prohibitions and permits may be addressed to the U.S. 
Fish and Wildlife Service, Endangered Species Permits, 911 NE 11th 
Avenue, Portland, OR 97232-4181 (telephone 503/231-6241, facsimile 503/
231-6243).

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments, as defined under the authority of the National 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted pursuant to section 4(a) of the Endangered 
Species Act of 1973, as amended. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

Required Determinations

    This rule does not contain any new collections of information other 
than those already approved under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq., and assigned Office of Management and Budget 
clearance number 1018-0094. For additional information concerning 
permits and associated requirements for endangered and threatened 
species, see 50 CFR 17.32.

References Cited

    A complete list of all references cited herein is available upon 
request from the Ventura Fish and Wildlife Office (see ADDRESSES 
section).
    Authors. The primary authors of this notice are Diane Steeck and 
Constance Rutherford, Ventura Fish and Wildlife Office (see ADDRESSES 
section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, the Service amends part 17, subchapter B of chapter I, 
title 50 of the Code of Federal Regulations, as set forth below:

PART 17--[AMENDED]

    1. The authority citation for Part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Amend Sec. 17.12 (h) by adding the following, in alphabetical 
order under FLOWERING PLANTS, to the List of Endangered and Threatened 
Plants to read as follows:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                        Species                                                                                                                         
--------------------------------------------------------    Historic range           Family            Status      When listed    Critical     Special  
         Scientific name                Common name                                                                               habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
         Flowering Plants                                                                                                                               
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
Astragalus tener var. titi.......  Coastal dunes milk-   U.S.A. (CA)........  Fabaceae--Pea......  E                       640           NA           NA
                                    vetch.                                                                                                              
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
Cupressus goveniana ssp.           Gowen cypress.......  U.S.A. (CA)........  Cupressaceae--Cypre  T                       640           NA           NA
 goveniana.                                                                    ss.                                                                      
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
Piperia yadonii..................  Yadon's piperia.....  U.S.A. (CA)........  Orchidaceae--Orchid  E                       640           NA           NA
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
Potentilla hickmanii.............  Hickman's potentilla  U.S.A. (CA)........  Asteraceae--Aster..  E                       640           NA           NA
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
Trifolium trichocalyx............  Monterey clover.....  U.S.A. (CA)........  Fabaceae--Pea......  E                       640           NA           NA
                                                                                                                                                        
                    *                  *                *                  *                  *                  *                  *                   
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 43116]]

    Dated: July 29, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-21564 Filed 8-11-98; 8:45 am]
BILLING CODE 4310-55-P