Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Arctostaphylos Pallida (Pallid Manzanita), a Plant From the Northern Diablo Range of California

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: August 2, 1995 (Volume 60, Number 148)]
[Proposed Rules]

[Page 39309-39314]

>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD35

Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for Arctostaphylos Pallida (Pallid Manzanita), a
Plant From the Northern Diablo Range of California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service (Service) proposes to list
Arctostaphylos pallida (pallid manzanita) as a threatened species,
pursuant to the Endangered Species Act of 1973, as amended (Act). This
plant species is found only in the northern Diablo Range of California
in Alameda and Contra Costa Counties. The species is threatened by
shading and competition from native and non-native plants, fire
suppression, habitat fragmentation, hybridization, disease, herbicide
spraying, unauthorized tree cutting, inadequate regulatory mechanisms,
and stochastic events by virtue of the small isolated nature of the
remaining populations. This proposal, if made final, would extend
Federal protection and recovery provisions afforded by the Act for this
species.

DATES: Comments from all interested parties must be received by October
9, 1995. Public hearing requests must be received by September 25,
1995.

ADDRESSES: Comments and materials concerning this proposal should be
sent

[[Page 39310]]

to the Field Supervisor, U.S. Fish and Wildlife Service, 2800 Cottage
Way, Room E-1803, Sacramento, California 95825-1846. Comments and
materials received and information used to support this proposal will
be available for public inspection, by appointment, during normal
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Dale Pierce, Assistant Field
Supervisor, Sacramento Field Office (see ADDRESSES section) (telephone
916/979-2710; facsimile 916/979-2723).

SUPPLEMENTARY INFORMATION:

Background

Arctostaphylos pallida (pallid manzanita) is found only in the
northern Diablo Range of California. The Diablo Range is part of the
inner South Coast Range of California. The Diablo Range extends in a
northwest to southeast direction as a more or less continuous mountain
chain, 32 to 48 kilometers (km) (20 to 30 miles (mi)) wide, for
approximately 300 km (190 mi) from San Pablo Bay in central California
to Polonio Pass in northeast San Luis Obispo County. The altitude of
the Diablo Range varies from 600 to 1,280 meters (m) (2,000 to 4,200
feet (ft)) and is broken by four or five east to west passes. These
passes divide the Diablo Range into several distinct units: Contra
Costa Hills, Mt. Diablo, Mt. Hamilton Range, Panoche Hills, San Carlos
Range, and Estrella Hills (Sharsmith 1982). Arctostaphylos pallida
occurs in the Contra Costa Hills section of the Diablo Range.
Portions of the Diablo Range are thought to have been surrounded by
marine embayments since the middle Miocene era, when modern flora and
fauna were developing (Sharsmith 1982). Much of the surface of the
Diablo Range is comprised of rock in the Franciscan series. The soils
formed from Franciscan rock are believed to control partially the
present distribution of plant species in the Diablo Range (Sharsmith
1982). Serpentine rock, which is a frequent component of Franciscan
rock, yields a soil rich in heavy metals and low in the nutrients
required for plant growth (Kruckeberg 1984). Because of the distinctive
serpentine soil and the long exposure of this land mass to colonization
by plants, a distinctive group of plant species has developed in the
Diablo Range.

Alice Eastwood described Arctostaphylos pallida in 1933 from
specimens collected in 1902 by W.W. Carruth in the ``East Oakland
Hills.'' This area is believed to be Huckleberry Ridge in Alameda and
Contra Costa Counties, California. Arctostaphylos pallida is a member
of the A. andersonii complex, a group of Arctostaphylos species found
in central coastal California. The species is considered by some
taxonomists to be A. andersonii var. pallida Adams ex McMinn (Amme and
Havlik 1987a); McMinn reduced the species to the varietal level in
1939. However, Wells (1993) treats the species as A. pallida.
Arctostaphylos pallida is an upright, non-burl-forming shrub in the
heath family (Ericaceae). Arctostaphylos pallida grows from 2 to 4 m
(6.5 to 13.0 ft) high or more with rough, gray or reddish bark. The
twigs are bristly. The ovate to triangular leaves are bristly, strongly
overlapping, and clasping; they are 2.5 to 4.5 centimeters (cm) (1.0 to
1.8 inches (in.)) long and 2 to 3 cm (0.8 to 1.2 in.) wide. The dense,
white flowers are urn-shaped and 6 to 7 millimeters (mm) (0.2 to 0.3
in.) long. Flowering period is from December to March. Arctostaphylos
tomentosa ssp. crustacea commonly co-occurs with A. pallida but is a
burl-forming species with spreading leaves (Amme et al. no date, Wells
1993).

Arctostaphylos pallida continues to occupy its original range in
Alameda and Contra Costa Counties, where it is known from approximately
13 populations. The two largest populations are located at Huckleberry
Ridge, the type locality in Alameda and Contra Costa Counties, and at
Sobrante Ridge in Contra Costa County. Several other small, natural and
planted populations occur in Alameda and Contra Costa Counties. The
species is found from 200 to 445 m (656 to 1,460 ft) in elevation,
primarily on thin soils composed of chert and shale (Amme and Havlik
1987a). Generally, the plants are found in manzanita chaparral habitat
that frequently is surrounded by oak woodlands and coastal scrub (Amme
et al. no date). The two largest occurrences occupy an area of
approximately 34 hectares (ha) (82 acres (ac)). These two populations
are found in maritime chaparral, a habitat with mesic soil conditions
and a maritime influence. Many of the smaller populations occur in
coastal scrub (B. Olson, East Bay Chapter, California Native Plant
Society (CNPS), in litt. 1994). Arctostaphylos pallida is threatened by
shading and competition from other plant species, fire suppression,
hybridization with other Arctostaphylos species, herbicide spraying,
habitat fragmentation resulting from past housing and road
construction, unauthorized tree cutting, fungal disease, inadequate
regulatory mechanisms, and stochastic events.

Previous Federal Action

Federal government action on this species began as a result of
section 12 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.), which directed the Secretary of the Smithsonian
Institution to prepare a report on those plants considered to be
endangered, threatened, or extinct in the United States. This report,
designated as House Document No. 94-51, was presented to Congress on
January 9, 1975, and included Arctostaphylos pallida (as Arctostaphylos
andersonii var. pallida) as endangered. The Service published a notice
in the July 1, 1975, Federal Register (40 FR 27823) of its acceptance
of the report of the Smithsonian Institution as a petition within the
context of section 4(c)(2) (petition provisions are now found in
section 4(b)(3) of the Act) and its intention thereby to review the
status of the plant taxa named therein. The above taxon was included in
the July 1, 1975, notice. On June 16, 1976, the Service published a
proposal (42 FR 24523) to determine approximately 1,700 vascular plant
species to be endangered species pursuant to section 4 of the Act. The
list of 1,700 plant taxa was assembled on the basis of comments and
data received by the Smithsonian Institution and the Service in
response to House Document No. 94-51 and the July 1, 1975, Federal
Register publication. Arctostaphylos pallida was included in the June
16, 1976, publication.

General comments received in relation to the 1976 proposal were
summarized in the April 26, 1978, Federal Register (43 FR 17909). The
Endangered Species Act Amendments of 1978 required that all proposals
over 2 years old be withdrawn. A 1-year grace period was given to those
proposals already more than 2 years old. In a December 10, 1979, notice
(44 FR 70796), the Service withdrew the June 6, 1976, proposal along
with four other proposals that had expired.
The Service published a Notice of Review for plants on December 15,
1980 (45 FR 82480). This notice included Arctostaphylos pallida as a
Category 1 candidate species for Federal listing. Category 1 taxa are
those for which the Service has on file sufficient information on
biological vulnerability and threats to support preparation of listing
proposals. On November 28, 1983, the Service published a supplement to
the Notice of Review (48 FR 53640). This supplement changed this taxon
from a Category 1 to a Category 2 candidate species. Category 2 taxa
are those for which data in the Service's possession indicate listing
is

[[Page 39311]]

possibly appropriate, but for which sufficient data on biological
vulnerability and threats are not currently known or on file to support
proposed rules. The plant notice was revised on September 27, 1985 (50
FR 39526). Arctostaphylos pallida was again included as a Category 2
candidate species. In the revision of the plant notice published on
February 21, 1990 (55 FR 6184), A. pallida was included as a Category 1
candidate species. In the revision of the plant notice published on
September 30, 1993 (58 FR 51144), this category remained unchanged.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on 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 Arctostaphylos pallida because the
1975 Smithsonian report had been accepted as a petition. On October 13,
1982, the Service found that the petitioned listing of this 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 annually, pursuant to section 4(b)(3)(C)(i)
of the Act. The finding was reviewed in October of 1983 through 1992.
In 1993, the Service found that the petitioned listing of
Arctostaphylos pallida was again warranted but precluded by other
higher priority listing actions. Publication of this proposal
constitutes the final finding for the petitioned action for this
species.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (Act) 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 endangered or threatened due to one or
more of the five factors described in section 4(a)(1). These factors
and their application to Arctostaphylos pallida Eastw. (pallid
manzanita) are as follows:

A. The present or threatened destruction, modification, or
curtailment of their habitat or range. The current range of
Arctostaphylos pallida is unchanged from what was known to exist at the
time the species was described in 1933; however, the present
populations of this species are thought to be smaller due to habitat
fragmentation by urbanization (B. Olson, CNPS, in litt. 1994). The
distribution of A. pallida consists of 2 large populations and
approximately 11 smaller populations in Alameda and Contra Costa
Counties, California. Both large populations occur on lands owned by
the East Bay Regional Park District (EBRPD) (Amme and Havlik 1987b)
with the smaller populations occurring on other park lands or on
privately owned land (B. Olson, in litt. 1994). Up to 50 percent of the
original A. pallida population on Huckleberry Ridge, which occurs in
both Alameda and Contra Costa Counties, has been developed for housing
or is privately owned. This residential development has eliminated a
large number of A. pallida plants and fragmented and reduced the amount
of habitat at this site (Amme and Havlik 1987b). Splitting the habitat
into smaller, more isolated units has and may further alter the
physical environment of the habitat, changing the amount of incoming
solar radiation, water, wind, or nutrients for the remnant vegetation
(Saunders et al. 1991). In addition, a higher proportion of these
fragmented natural areas is subject to influences of external factors
(e.g., invasion of non-native plants, foot traffic, and increased
erosion) that disrupt natural ecosystem processes.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Although this species is not known to be sought
after by collectors, A. pallida is commercially cultivated (Wells
1993). Many members of this genus are considered desirable for
landscape use and are collected for cultivation. Overutilization is not
currently known to be a threat to this species, but unrestricted
collecting for scientific or horticultural purposes or excessive visits
by individuals interested in seeing rare plants could result from
increased publicity as a result of this proposal.
C. Disease or predation. Approximately 50 percent of the
Huckleberry Ridge population of Arctostaphylos pallida was affected by
a fungal infection in the 1980's that attacked the roots of the plants,
causing branch and stem dieback (Amme and Havlik 1987a, CDFG 1987).
This population remains in poor condition (Amme and Havlik 1987a). If
the wet, cold weather conditions that induced the fungal infection are
repeated, another infection could occur, resulting in reduced vigor of
the population (D. Amme, pers. comm. 1994).
D. The inadequacy of existing regulatory mechanisms. The State of
California Fish and Game Commission has listed Arctostaphylos pallida
as an endangered species under the California Endangered Species Act
(chapter 1.5 Sec. 2050 et seq. of the California Fish and Game Code,
and title 14 California Code of Regulations 670.2). Listing by the
State of California requires individuals to obtain a memorandum of
understanding with the California Department of Fish and Game (CDFG) to
possess or ``take'' a listed species. Although the ``take'' of Statelisted
plants is prohibited (California Native Plant Protection Act,
chapter 10, division 2, Sec. 1908 and California Endangered Species
Act, chapter 1.5, division 3, Sec. 2080), State law exempts the taking
of such plants via habitat modification or land use changes by the
owner. After CDFG notifies a landowner that a State-listed plant grows
on his or her property, State law only requires that the landowner
notify the agency ``at least 10 days in advance of changing the land
use to allow salvage of such a plant'' (Native Plant Protection Act,
Fish and Game Code, chapter 10, Sec. 1900 et seq.).
The California Environmental Quality Act (CEQA) requires full
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 the other
agencies concerned with the resources affected by the project. Section
15065 of the CEQA Guidelines requires a finding of significance if a
project has the potential to ``reduce the number or restrict the range
of a rare or endangered plant or animal.'' Species that are eligible
for listing as rare, threatened, or endangered but are not so listed
are given the same protection as those species that are officially
listed with the State or Federal governments. Once significant effects
are identified, the lead agency has the option to require mitigation
for effects through changes in the project or to decide that overriding
considerations make mitigation infeasible. In the latter case, projects
may be approved that cause significant environmental damage, such as
destruction of endangered species. Protection of listed species through
CEQA is, therefore, dependent upon the discretion of the lead agency.
CDFG and EBRPD jointly developed the Alameda Manzanita Management
Plan in 1987. This plan has not, however, been adopted completely. The
mission of the plan was to determine and implement management
activities that would improve the condition of the species and help in
its recovery (Amme

[[Page 39312]]

and Havlik 1987b). Currently, EBRPD is reducing the amount of flammable
dead plant material in the Huckleberry Ridge population (E. Leong,
EBRPD, pers. comm. 1994). The reduction in plant litter, in turn, has
helped to stimulate germination of the species (D. Amme, pers. comm.
1994).

E. Other natural or manmade factors affecting their continued
existence. Fragmentation of Arctostaphylos pallida habitat caused by
residential development at Huckleberry Ridge has also resulted in
introduced exotic landscape and weedy plant species that compete with
the remnant population (Amme and Havlik 1987b). Although no current
residential construction threatens the remaining Huckleberry Ridge
populations of A. pallida, the populations of fewer than 10 plants in
this area are threatened by stochastic events due to the small number
of plants in combination with competition with aggressive plant species
and loss of habitat from past urbanization. These small populations are
threatened by shading from planted eucalyptus (Eucalyptus sp.),
Monterey pines (Pinus radiata), and cypresses (Cupressus sp.) and by
competition with aggressive non-native plant species including French
broom (Cytisus monspessulanus), periwinkle (Vinca major), and German
ivy (Senecio mikanioides) (Amme et al. no date).
The genetic integrity of Arctostaphylos pallida is threatened by
hybridization resulting from the introduction of other species of
Arctostaphylos into the vicinity of A. pallida populations (D. Amme,
pers. comm. 1994). At least three other species of Arctostaphylos have
been used for landscaping on Manzanita Way, a road that borders the
Huckleberry Ridge Preserve. Hybridization of A. pallida with at least
two other species is known to have occurred (Amme and Havlik 1987a).
Hybridization could result in a hybrid manzanita swarm taking the place
of A. pallida (Amme and Havlik 1987b, Amme et al. no date).
Alteration of the natural fire regime threatens Arctostaphylos
pallida by inhibiting seed germination and nutrient recycling that
occurs naturally after fires. Fires are currently suppressed on
Huckleberry Ridge and Sobrante Ridge to protect the surrounding
residential areas (D. Amme, pers. comm. 1994; A. Olivera, Park
Supervisor, Sobrante Ridge Preserve, EBRPD, pers. comm. 1994). For nonburl
-forming manzanitas such as A. pallida, fire is a necessary part of
reproduction (Keeley 1992). Following fire or other disturbance,
regeneration occurs from seed rather than from burls.
The accumulated leaf and bark litter, fallen fruits, and roots of
Arctostaphylos species, however, have a self-inhibitory effect on seed
germination (Amme and Havlik 1987b). Fire is believed to remove these
toxic materials and promote subsequent germination of Arctostaphylos
and other herbs and shrubs (Amme et al. no date). Fire also is
necessary to the species to recycle limited nutrients in the soil (Amme
and Havlik 1987b).

The roadside spraying of herbicides has had negative effects on
regeneration of Arctostaphylos pallida along Skyline Boulevard (Amme
and Havlik 1987a). Unauthorized tree cutting also poses a threat to A.
pallida. At least two mature A. pallida plants have been killed by
unauthorized cutting of eucalyptus trees, for unknown purposes, that
subsequently fell on the A. pallida plants (Amme and Havlik 1987b).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Arctostaphylos pallida in determining to
propose this rule. This species is not now in immediate danger of
extinction throughout all or a significant portion of its range.
Arctostaphylos pallida exists as 2 major and 11 small occurrences and
is located almost entirely on EBRPD property. The largest occurrences
of A. pallida are protected from habitat loss resulting from
urbanization or land use conversion. However, A. pallida is threatened
by shading and competition from native and non-native plant species,
fire suppression, hybridization, herbicide spraying, disease, tree
cutting, habitat fragmentation resulting from past urbanization,
stochastic events, and inadequate regulatory mechanisms.
Although not in immediate danger of extinction at this time,
Arctostaphylos pallida is likely to become an endangered species in the
foreseeable future if the present threats persist and population
declines continue. As a result, the preferred action is to list
Arctostaphylos pallida as a threatened species. Critical habitat is not
being proposed for this taxon at this time, as discussed below.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
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 conservation of the
species. ``Conservation'' means the use of all methods and procedures
needed to bring the species to the point at which listing under the Act
is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is listed. The Service finds that designation of critical
habitat is not prudent for this species at this time. Service
regulations (50 CFR 424.12(a)(1)) state that designation of critical
habitat is not prudent when one or both of the following situations
exist--(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
Arctostaphylos pallida faces anthropogenic threats (see Factors A
and E in ``Summary of Factors Affecting the Species'') and occurs
entirely on non-Federal land. All of the 13 occurrences of A. pallida
are located near or adjacent to residential areas and public roads. The
publication of precise maps and descriptions of critical habitat in the
Federal Register would make this plant vulnerable to incidents of
vandalism and, therefore, could contribute to the decline of the
species. Although this species is not known to be sought after by
collectors, A. pallida is commercially cultivated (Wells 1993). Many
members of this genus are considered desirable for landscape use and
are collected for cultivation. The desirability and accessibility of
the species, therefore, could make the plants subject to collection if
their precise location was publicized.

In addition, critical habitat designation for the species is not
prudent due to lack of benefit. At present, all known populations occur
on non-Federal land, with no Federal action, authorization, licensing,
or funding currently occurring on these lands. Due to the small,
fragmented populations of this species, any future Federal actions,
authorizations, or funded projects that would appreciably diminish the
value of the known habitat for the survival and recovery of the species
may also jeopardize its continued existence. A jeopardy opinion would
require formal agency

[[Page 39313]]

consultation with the Service on virtually any federally-related
project. Therefore, the Service finds that designation of critical
habitat for this plant is not prudent at this time, because such
designation would likely provide no benefit beyond that the species
would receive by virtue of its designation as a threatened species.
Further discussion of jeopardy opinions and consultation is included in
the following section.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
activities. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the State and requires that recovery plans be
developed for all listed species. The protection required of Federal
agencies and the prohibitions against certain activities involving
listed plants are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of such a species or to destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into consultation with the Service.
None of the populations of Arctostaphylos pallida occur on Federal
lands; however, some populations occur on protected non-Federal lands.
The EBRPD owns and manages the land where both major populations of A.
pallida occur. The EBRPD and CDFG jointly developed the Alameda
Manzanita Management Plan in 1987. Although this plan was not adopted
by Alameda or Contra Costa County governments, portions of the plan are
in use by the EBRPD where the species occurs (D. Amme, pers. comm.
1944; Ed Leong, EBRPD, pers. comm. 1994).
Listing this plant species would necessitate development of a
recovery plan. Such a plan would bring together both State and Federal
efforts for conservation of the plant. The plan would establish a
framework for agencies to coordinate activities and cooperate with each
other in conservation efforts. The plan would set recovery priorities
and estimate costs of various tasks necessary to accomplish them. It
also would describe site-specific management actions necessary to
achieve conservation and survival of the plant species. Additionally,
pursuant to section 6 of the Act, the Service would be able to grant
funds to the State for management actions promoting the protection and
recovery of the species.

The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all threatened
species. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.71, apply. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport in interstate or foreign commerce in the course of
a commercial activity, sell or offer for sale in interstate or foreign
commerce, or remove and reduce the species to possession from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits the malicious damage or destruction on
areas under Federal jurisdiction and the removal, cutting, digging up,
or damaging or destroying of such plants in knowing violation of any
State law or regulation, including State criminal trespass law. Section
4(d) of the Act allows for the provision of such protection to
threatened species through regulation. The protection may apply to this
species in the future if regulations are promulgated. Seeds from
cultivated specimens of threatened plants are exempt from these
prohibitions provided that their containers are marked ``Of Cultivated
Origin.'' Certain exceptions to the prohibitions apply to agents of the
Service and State conservation agencies.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened
plants under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits are also available for
botanical or horticultural exhibition, education purposes, or special
purposes consistent with the purposes of the Act. It is anticipated
that few trade permits would ever be sought or issued because the
species is not common in the wild.

It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable at the time a species is listed those activities that would
or would not constitute a violation of section 9 of the Act. The intent
of this policy is to increase public awareness of the effect of this
listing on proposed and ongoing activities within the species' range.
Collection, damage, or destruction of listed species on Federal lands
is prohibited, although in appropriate cases a Federal endangered
species permit may be issued to allow collection. Arctostaphylos
pallida is not known to occur on any Federal lands; however, such
activities on non-Federal lands would constitute a violation of section
9, if conducted in knowing violation of State law or regulations or in
violation of State criminal trespass law. The Service is not aware of
any otherwise lawful activities being conducted or proposed by the
public that would be affected by this listing and result in a violation
of section 9. Questions regarding whether specific activities would
constitute a violation of section 9 should be directed to the Field
Supervisor of the Service's Sacramento Field Office (see ADDRESSES
section). Requests for copies of the regulations concerning listed
plants and general inquiries regarding prohibitions and permits may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services,
Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon
97232-4181 (telephone 503/231-2063; facsimile 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:

(1) Biological, commercial, or other relevant data concerning
any threat (or lack thereof) to Arctostaphylos pallida;
(2) The location of any additional populations of this species
and the reasons why any habitat should or should not be

[[Page 39314]]

determined to be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution,
and population size of the species; and
(4) Current or planned activities in the subject areas and their
possible impacts on the species.

The Service specifically solicits expert opinion from independent
specialists regarding pertinent scientific or commercial data and
assumptions relating to taxonomy, population models, and supportive
biological and ecological information.

Final promulgation of the regulation on this species will take into
consideration the comments and any additional information received by
the Service, and such communications may lead to a final regulation
that differs from this proposal.

The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received by September 25,
1995. Such requests must be made in writing and be addressed to the
Field Supervisor, Sacramento Field Office (see ADDRESSES section).

National Environmental Policy Act

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

References Cited

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

Author

The primary author of this proposed rule is Elizabeth Warne,
Sacramento Field Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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

PART 17--[AMENDED]

The authority citation for part 17 continues to read as follows:

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

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

Sec. 17.12 Endangered and threatened plants.

* * * *

(h) * * *

Species

-------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules

Flowering Plants

Arctostaphylos pallida.. Pallid manzanita....... U.S.A. (CA)............ Ericaceae--Heath....... T NA NA

Dated: July 5, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95-18813 Filed 8-1-95; 8:45 am]
BILLING CODE 4310-55-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
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1996
1995
1994

Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Arctostaphylos Pallida (Pallid Manzanita), a Plant From the Northern Diablo Range of California

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