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Keck's
Checkermallow
02-061
Contact:
Jim Nickles, Sacramento - 916/414-6572: Mobile 916/425-0544
CRITICAL HABITAT PROPOSED IN TWO CALIFORNIA COUNTIES FOR ENDANGERED PLANT
SACRAMENTO, Calif.– More than 1,000 acres of sparse grasslands in California’s Fresno and Tulare counties – most of it privately owned – has been proposed as critical habitat for the Keck’s checkermallow, an elusive herb protected as endangered under Federal law since February 2000, the U.S. Fish and Wildlife Service announced today.
The Endangered Species Act defines "critical habitat" as those areas that have physical or biological features that are essential to the conservation of a species and may need special management or protection. A designation does not set up a preserve or refuge and only applies to situations where Federal funding, permits or projects are involved. However, Federal agencies must ensure that their actions do not destroy or adversely modify designated critical habitat.
The proposed critical habitat consists of three separate sites – one in Fresno County of 487 acres, and two in Tulare County of 196 acres and 335 acres. Of the 1,018 acres proposed, only one seven-acre portion in Fresno County is owned by the federal government. The rest is privately owned. Another 189 acres – also in Fresno County – are in a reserve being established by the Sierra Foothill Conservancy for the protection of rare plants, and 16 acres are in an adjacent conservation easement held by the conservancy.
"This is a proposal. We invite and welcome comments to help us shape our final determination," said Steve Thompson, manager of the Service’s California/Nevada Operations Office. "Also, it’s important to remember that critical-habitat designations only effect land-use activities that have a Federal nexus. It does not allow government or public access to private lands and will not result in closure of areas to access or use."
The Endangered Species Act directs federal agencies to protect and promote recovery of listed species. Consequently, Federal lands provide the greatest protection for endangered and threatened plants. Where listed plants occur on federal lands, consultation with the Fish and Wildlife Service is required when projects or activities may affect the species and/or its critical habitat, if designated. For private and non-federal landowners, however, consultations come into play only in cases where activities involving plants require federal funding or permitting.
In the absence of a federal "nexus," the Endangered Species Act does not provide any greater protection to listed plants on private lands than they already receive under state law. The Endangered Species Act also does not prohibit "take" of listed plants on private lands, but landowners must still comply with state laws protecting imperiled plants. California landowners who may have these plants on their property are encouraged to contact the state Department of Fish and Game for further guidance.
Historically, Keck’s checkermallow occurred near White River in Tulare County and near Piedra in Fresno County. Until a population of 60 plants was discovered in south-central Tulare County in 1992, however, Keck’s checkermallow had not been seen since 1939 and was thought to be extinct. Another population was discovered in Fresno County in 1998. Biologists now believe the total population of Keck’s checkermallow is between 500 and 1,000 plants.
This plant displays deep pink flowers from April through May and can reach a height of 13 inches. Keck’s checkermallow grows on serpentine soils in hilly grasslands. Urban development and
agricultural land conversion are the primary threats facing this plant. Moreover, because of its small numbers, it also faces extinction from natural events like disease, drought, fire, or flood.
Native plants are important for their ecological, economic and aesthetic values. Plants play an important role in development of crops that resist disease, insects, and drought. At least 25 percent of prescription drugs contain ingredients derived from plant compounds, including treatments for cancer, juvenile leukemia, heart disease, and malaria, and medicines to assist in organ transplants. Plants are also being used to develop natural pesticides.
The Service published in the Federal Register a final rule listing Keck’s checkermallow as endangered in February 2000. Due to budget limitations, the Service did not designate critical habitat at that time. The Center for Biological Diversity brought suit, eventually leading to a "mini global" settlement in which the Service agreed to propose critical habitat for Keck’s checkermallow by June 10, 2002, and to publish a final designation by March 10, 2003.
The Service may revise this proposal prior to final designation to incorporate or address new information received during the comment period. Comments are welcome through August 19, 2002 and should be sent to the Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, W-2605, Sacramento CA 95825.
Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 94-million-acre National Wildlife Refuge System which encompasses more than 540 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 66 national fish hatcheries, 64 fishery resource offices and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts. It also oversees the Federal Aid program that distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to state fish and wildlife agencies.
Keck’s checkermallow, Sidalcea keckii, is a native California wildflower in the same family as cotton and hibiscus. This plant grows 6 to 13 inches tall and produces deep pink flowers in April and early May. Keck’s checkermallow grows in serpentine and clay soils in sparsely vegetated grasslands at elevations between 500 and 2,400 feet in the southern foothills of California’s Sierra Nevada range. Keck’s checkermallow closely resembles four other annual species of mallow but is distinguished by several characteristics including number and size of flowers, size and shape of stem leaves, density of hairs on the stems, and a purplish spot on its flower.
For many years, Keck’s checkermallow was thought to be extinct. The species was discovered in 1935 and two populations were documented in 1939. It was not documented again for more than 50 years, until a biologist discovered a new population in Tulare County in 1992. That 1992 discovery provided information on habitat requirements leading to the rediscovery of one of the two originally known populations in Fresno County in 1998. Based on preliminary habitat observations, Service botanists believe the other site from 1939 remains viable, but coordinated surveys have not yet taken place.
Based on the best available information regarding the requirements of this species and threats to its conservation, the Service proposes to designate three sites in Fresno and Tulare counties as critical habitat for the Keck’s checkermallow. The proposed critical habitat would total 1,018 acres. It would consist of three separate sites: one in Fresno County of 487 acres, and two sites in Tulare County of 196 acres and 335 acres. Of the proposed critical habitat areas, all but seven acres are privately owned. Another 189 acres are in a "privately held" reserve being established by the Sierra Foothill Conservancy for the conservation of rare plants, and 16 acres are in an adjacent conservation easement held by the conservancy.
Q. Why is this plant listed as an endangered species? What are the threats to its survival?
A. Under the Federal Endangered Species Act, to be considered endangered a species must be in danger of extinction throughout all or a significant portion of its range. Keck’s checkermallow is in danger of extinction because it is restricted to three small highly separated populations, any of which could easily be wiped out by development, agricultural conversion, encroachment from competing non-native grasses, outbreaks of herbivorous insects or disease.
Q. What does the designation of critical habitat mean and how could it affect property owners?
A. Critical habitat is a term used in the Endangered Species Act. It refers to specific geographic areas that are essential for the conservation of a threatened or endangered species and that may require special management considerations. Critical habitat is determined using the best available scientific and commercial information about the physical and biological needs of the species In the case of the checkermallow, those features include relatively open patches of grassland in the Sierra foothills, soils which help restrict competing vegetation, and sufficiently large pollinator populations to pollinate the plants.
The designation of critical habitat on privately-owned land does not mean that government wants to acquire or control the land. Activities on private lands that do not require Federal permits or funding are not affected by a critical habitat designation. Critical habitat does not require landowners to carry out any special management actions or restrict the use of their land.
If a landowner needs a federal permit or receives federal funding for a specific activity, the agency responsible for issuing the permit or providing the funds would consult with us to determine how the action may affect Keck’s checkermallow or its designated critical habitat. The Service will work with the federal agency and the private landowner to modify the project to minimize the impacts.
Q. Does the Endangered Species Act protect listed plants differently than it does listed animals?
A. Yes, in some ways. While the ESA prohibits "take" – or killing - of listed animals wherever they occur, it prohibits "take" of listed plants only under certain circumstances. The ESA prohibits destruction of listed plants on Federal land, but provides little substantive protection on private lands unless the property is subject to a federally administered, authorized, or funded activity. In cases where there is a Federal connection, the U.S. Fish and Wildlife Service must be consulted by the agency responsible for authorizing the activity.
The Endangered Species Act requires all Federal agencies to assist in the recovery of both listed plants and wildlife and prohibits them from jeopardizing the continued existence of either a listed plant or animal by any action they authorize or fund. The provisions for recovery planning and partnerships with the State also are the same for plants and animals.
Protection of listed plants under State law differs somewhat from Federal provisions and landowners with questions should contact the California Department of Fish and Game.
Q. What lands are included in this proposed designation?
A. The majority of land in this proposed designation is privately owned.
Q. What activities within the proposed critical habitat areas will be allowed under the Endangered Species Act?
A. Lawful activities on private land, including clearing a defensible space for fire protection around one’s personal residence, grazing and paddocking of livestock, and landscaping, including irrigation, will be allowed under the Endangered Species Act..
Q. Will grazing be impacted in the critical habitat areas?
A. Sound grazing management practices are compatible with the needs of this plant. Sound management practices maintain vegetation and control erosion. Such grazing management provides a multitude of benefits not only to natural resources but to livestock grazing "itself" by sustaining all the resources.
Q. What is the purpose of the public comment period?
A. The Service intends that any final action resulting from this proposal will be as accurate as possible. Therefore, the purpose of the public comment period is to allow for public review of the proposal and to solicit comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning the proposed critical habitat.
Q. What type of information would be most important and useful during the comment period?
A. All information received during the public comment period will be taken into consideration in any final action resulting from this proposal. Of particular interest would be comments concerning:
(1) Biological, commercial trade, or other relevant data concerning any threat (or lack thereof) to Keck’s checkermallow;
(2) The location of any additional populations of this species and the reasons why any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and population size of this species; and
(4) Current or planned activities in the subject area and their possible impacts on this species.
Q. Is an economic analysis required as part of designating critical habitat?
A. Yes. We must take into account the economic impact of identifying any particular area as critical habitat. We may exclude an area from critical habitat if we determine that the benefits (economic and otherwise) of excluding it outweigh the benefits of including the area as critical habitat, unless the failure to designate the area as critical habitat would result in the extinction of the species. This determination is based on the best scientific, economic, and commercial information available. This economic analysis will be completed before the final critical habitat designation is finalized.
Q. Was an economic analysis prepared when the Service listed Keck’s checkermallow as an endangered species?
A. No. Under the Act, a decision to list a species is made solely on the basis of scientific data and analysis. Critical habitat designation is the only process where economics may be taken into consideration.
Contact
us: Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605,
Sacramento, California 95825
Phone (916) 414-6600 ~ FAX (916) 414-6713 ~ email: fw1sacweb@fws.gov
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