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Critical Habitat Proposed for two Imperiled California Coastal Plants

June 18, 2002

Photo of Yellow Larkspur photo credit:  Robert Potts

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Baker’s larkspur
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Photo of Baker's Larkspur, photo credit; Doreen L. Smith

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CRITICAL HABITAT PROPOSED FOR TWO IMPERILED CALIFORNIA COASTAL PLANTS

SACRAMENTO, Calif.--More than 4,400 acres has been proposed as critical habitat for Baker’s larkspur and yellow larkspur, two plants that are severely endangered and found only in California’s Sonoma and Marin counties, 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.

Baker’s larkspur and yellow larkspur are perennial herbs in the buttercup family that are found only in coastal northern Marin and southern Sonoma counties, north of San Francisco. Both have irregularly shaped flowers. Baker’s larkspur has dark blue to purple flowers; yellow larkspur has bright yellow flowers.

Both plants are threatened by road construction, overcollection by plant enthusiasts, grazing, development and rock quarrying. Because of their extreme range restrictions and small populations, the two plants are also vulnerable to such natural events as fire or insect outbreaks.

As critical habitat for Baker’s larkspur, the Service is proposing 1,828 acres within two units in Marin and Sonoma counties. For yellow larkspur, the Service is proposing 2,584 acres within four units, also in Marin and Sonoma counties. All of the lands proposed as habitat are privately owned.

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 their 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.

Over the years, Baker’s larkspur has been found in only three locations – in Coleman Valley in southern Sonoma County; and in northern Marin County near the town of Tomales and approximately six miles east of Tomales Bay. Botanists believe the plant has been wiped out at two of those sites – Coleman Valley and Tomales. At the only known remaining location, east of Tomales Bay, the number of plants has varied from 0 to 64 over the last 20 years.

Never widely distributed, most historical populations of yellow larkspur have been partially or entirely destroyed. The total remaining population may number fewer than 300 plants.

The Service published in the Federal Register a final rule listing Baker’s larkspur and yellow larkspur as endangered on January 26, 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 settlement in which the Service agreed to propose critical habitat for the two species by June 10, 2002, and to publish a final designation by March 10, 2003.

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 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.

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BACKGROUND INFORMATION

Baker’s larkspur and yellow larkspur are two federally endangered plant species that were listed on
January 26, 2000. Both are endemic to coastal northern Marin and southern Sonoma counties, California, and both are extremely endangered

Baker’s larkspur is a perennial in the buttercup family. Plants grow from thickened, tuber-like, fleshy clusters of roots to a height of 26 inches and produce dark blue to purplish flowers in April through May. Baker’s larkspur grows on decomposed shale sites at elevations of from approximately 250 feet to 700 feet.

Yellow larkspur also is a perennial in the buttercup family. Plants grow from fibrous roots to a height of 22 inches and produce bright yellow flowers from March to May. Yellow larkspur grows on rocky areas within the coastal prairie and coastal scrub plant communities at elevations from sea level to 300 feet.

Baker’s larkspur has only been known from three locations, and is currently found at only one of these locations. The population at this location has varied from 0 to 64 individuals over the last 20 years. The species total for yellow larkspur is approximately 230 individuals.

The Service is proposing to designate critical habitat for Baker’s larkspur and yellow larkspur. We are proposing to include 1,828 acres within two units in Marin and Sonoma counties as critical habitat for Baker’s larkspur, and 2,584 acres within four units in Marin and Sonoma counties as critical habitat for yellow larkspur.

All of the lands proposed for designation are privately owned. We identified critical habitat areas essential for the conservation of these plants in all the areas where they are known to occur, as well as in one unit for Baker’s larkspur that is currently unoccupied. We are proposing to designate critical habitat in this unoccupied unit to ensure the species does not go extinct.

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QUESTIONS AND ANSWERS

Q. Why are these plants listed as endangered? What are the threats to their 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. Road work, overcollection, and sheep grazing threaten Baker’s larkspur. Development, overcollection, and sheep grazing threaten the remaining populations of yellow larkspur. Because of their extreme range restriction and small population sizes, these plant species are also vulnerable to extinction from random natural events, such as fire or insect outbreaks.

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.

The designation of critical habitat on privately-owned land does not mean that the 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 Baker’s larkspur or yellow larkspur or their designated critical habitat. The Service will work with the Federal agency and the private landowner to modify the project to minimize the impacts.

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 is finalized, and the public will have an opportunity to comment on it.

Q. Are Federal and Tribal lands included in this critical habitat designation?

A. We could not depend on Federal lands for critical habitat designation because we are not currently aware of any potentially inhabitable Federal land within the range of the two larkspurs. We are also unaware of any Tribal lands in or near our proposed designation.

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" 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 a listed 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 their local office of the California Department of Fish and Game.

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. As noted above, livestock grazing on private land is not prohibited. However, if livestock grazing occurs on Federal land or involves Federal funding or authorization and may affect a listed species, then the Federal agency involved must consult with the Service to ensure that the grazing does not jeopardize the continued existence of the species.

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.

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) The reasons why any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act, including whether the benefits of designation will outweigh any threats to the species due to designation;

(2) Specific information on the amount and distribution of Delphinium bakeri and D. luteum and their habitats, and which habitats are essential to the conservation of these species and why;

(3) Land use designations and current or planned activities in the subject areas and their possible impacts on proposed critical habitat;

(4) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat, in particular, any impacts on small entities or families;

(5) Economic and other values associated with designating critical habitat for Baker’s larkspur or yellow larkspur such as those derived from non-consumptive uses (e.g., hiking, camping, bird-watching, enhanced watershed protection, improved air quality, increased soil retention, "existence values," and reductions in administrative costs); and

(6) Whether our approach to critical habitat designation could be improved or modified in any way to provide for greater public participation and understanding, or to assist us in accommodating public concern and comments.

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