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Fish and Wildlife Service, Interior. Proposed Rule. the U.S. Fish And DEPARTMENT OF THE INTERIOR Fish and Wildlife Servics 50 CFH Part 17 Endangered and Threatened Wildlife and Plants; Proposal To Determine Erigeron Rhizomatus (Rhizome Fleabane) To Be a Threatened Species AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMERY: The U.S. Fish and Wildlife Service proposes to list a plant, Erigeron rhizomotus (rhizome fleabane), as a threatened species under the authori?y contained in the Endangered Species Act of 1%3, as amended. Approximately 20 populations are know, al! of which are in New Mexico. The total number of individual plants is only about 200. This species’ survival is threatened due to the Federal Register / Vol. 49, No. 80 / Tuesday, April 24, 1904 / hoposed Rules 17549 iow number of plants, its restricted Floweri-ng is from May to June. The listed as endangered or threatened distribution, and the potential for species appears to be reproducing well, species. habitat loss if inactive uranimum mining and individuals of all age classes are For Erigeron rhizomatus, the petition in the area is ever reactivated. This present. The clumps of plants are all finding was made on October 13.1983. proposal, if made final, will implement clones. Establishment of new plants by that listing was warranted but precluded the protection provided by the seed is rare, although a large volume of by pending listing actions in accordance Endangered Species Act of 1973, as seed is produced (Fletcher. 1978; Sabo. with section 4(b)(3)(B)(iii) of the Act. amended, for this plant. The Service 1981J. Such petitions are recycled under seeks data and comments from the Most of the populations are in close section 4(b)(3)(C)(i) of the Act. This pubIic on this proposal. proximity to inactive uranium claims. If proposed rule constitutes the new DATES: Comments from all interested exploration or mining is reactivated, required finding that the petitioned parties must be received by June 25, there may be adverse impacts to the action is warranted, and the proposed 2984. Public hearing requests must be plants. rule is hereby published to implement received by June 8,19&Q. Federal action affecting this species the action in accordance with section ADDRESSES: Comments and materials began with section 12 of the Endangered 4(b)(3)(B)(iii) of the Act. concerning this proposal should be sent Species Act of 1973, which directed the Summary of Factors Affecting the to the Reeional Director. U.S. Fish and Secretary of the Smithsonian Institution Species Y.Yldlife Service. P.O. Box 1308. to prepare a report on those plants Albuquerque. New Mexico 87103. ‘considered to be endangered, Section 4(a)(l) of the Endangered Comments and materials received will threatened, or extinct. This report. Species Act (16 U.S.C. 1531 et seq.) and be available for public inspection during designated as House Document No. 94- regulations promulgated to implement normal business hours. by appointment. 51, was presented to Congress on the listing provisions of the Act (codified at the Service’s Regional Office of January 9,1975. On July 1.1975, the at 50 CFR Part 424; under revision to Endangered Species, 421 Gold Avenue. Service published a notice in the Federal accomodate the 1982 Amendments) set SW.. Room 467, Albuquerque, New Register (40 FR 27823) of its acceptance forth procedures for adding species to Mexico. of the report of the Smithsonian the Federil list. A species may be FOR FUR’IWER INFORMATION CONTACT: Institution as a petition within the determined to be an endangered or Dr. Russell L. Kologiski. Botiinist. Region context of Section 4(c)(2) (now section threatened species due to one or more of Z E2daneered Species Staff (see 4(b)(31(AJ) of the Act. and of its the five factors described in section Add-es& above) (505/76&3972), or Mr. intention thereby to review the status of 4(a)(l) of the Act. These factors and I&r\ L Spinks, Jr., Chief. Office of the plant taxa Earned therein. On June their application to Erigeron shizomatus Endapnered Species. U.S. Fish and 16, 1976. the Service published a Cronquist are as follows: !.Y~ldiiie Service, W-ashington. D.C. proposed rule in the Federal Register (41 A. The present or threatened “I3240 ~io3/235-d snc-7I 1 1I, FR 24523) to determine approximately ciestruction, modification. or curtailment WPPLEUEHTARX INFORIIIATBON: b.700 vascular plant species to be C$&Shabitat M range. The main threats eltdangerad species pursuant to Section ita Erigeron rhizomatus are from habitat 4 of the Act. This list of 1.700 plant disturbance. especlaiily if there is ever a >specleswas assembled on the basis of resumption of uranium mining. Most of comments and data received bg the the populations !n the Datil and Scuthsonian Institution and the Service Sawtooth Mouunt&ns occur within or in respocse to House Document 94-51 ve,q close to extscsive. currently and the July 1.1975, Federal Register inact~se -wamum chm and could be publication. Erigeron rl;izomatus was destroyed or sereriy damaged if the included in the ]I$ I, 1975. notice of c’laim are ever reactivated and se:i+w and the June 16.1976, proposal. dese!oped without pi2xkg for he General comnen~s received :n relation species’ protection. Road construction to he 1970 proposal were summarized ~3 and sesciting crosi~n also could have the April 26.1978 Federal Register adverse bmpads 0pnEL-ig2ron .rJ5!zomatus p-blication [43 FR B7339). /FiW%?J, ;3?3; Sabo. ~anst). ‘The Endangered Species Act 3. ij”r.t’,=;,?,jl:~~~(!.c,~lfor conrrrrrrcial. rSmendments of 19-6 reqnired rhat uEl O-~c~~~i:~:~3tsb2enti,k b9reducational progosais over 2 years cid be p~720s~s. IT.-:gvon rhizw~atns Is not rcithdrawn. A I-gear grace period was prew~rly dssrred by pknt collectors. yir en to prapxals already aver 2 years C.r;li~c~ioafor s~~enti&cstudy and dd. I(n the December 10, 1979, Federal ‘mreais fro21 nvara~i&~~:ic~,nare small lRe,ister pa;bikcc;ion [+I FR 71;‘796),tha \S;ibc;. 1981). However. plants are more SewiGe pubbshed a not:ce of w.hesat~ie ti.m as,i.mals to taking Wit%&6LS3l Of C5.2[iiT.t! 16, 1976. pssures acd “ssuse of its very low propod, ahg with 4 other prop0saI.s ,n,snSers. and raetncted ranged, kit had expnred, .&;gero.n rhzomcrtns ~rar,daixxn ,poses a ttseat to the survival was ticluded nn category 1 on the &et of 31 thi3 apec12s. p?taatr under xx-iew fx tkeatened or C. Diseoae orp:wfat~.m. Because the &-qpe r;‘,; ::71z2naLs: ’ gwws ..n M mne endangered ciassiflcation m the n*smbers of planetsare so low. and the of CE%a &ale and associated soils in Dncember G.l98E), Federal Register [bd2 cmge va.y restricted. any disease could i& piryon-juniper association at 2.190 I% 82480). Category 1 refem to taxa for qi&Xy slirnanate tbis species. I:0 2.m ne?ers elevstion. Most plants which the Service presently has D. The inadequacy of existing are found on loose, decaying sloyes of sufficient irdormation to support the re,,uktory mechanisms. There are no the Chinie shale formation. biological apprcpriateness of their berg State laws offering protection for . 17550 Federal Registar / Vol. 49, No. SO / Tuesday, April 24, 1984 / Proposed Rules Erigeron rhizomatus. U.S. Forest Service against certain practices. Recognition agencies. The Act and 50 CFR Section regulations prohibit taking of plants on through listing encourages and results in 17.72 also provide for the issuance of USFS lands (86 CFR 261.9(b)). These conservation actions by other Federal permits to carry out otherwise regulations are difficult to enforce in and State agencies and private groups prohibited activities invoiving backcountry situations. and individuals. The Endangered threatened species, under certain E. Other natural or manmade factors Species Act requires that recovery circumstances. International and affecting its continued existence. The actions be carried out for all listed interstate commercial trade in Erigeron limited distribution (two New Mexico species and these are initiated by the rhizomatus is not known to exist. It is counties) and low number of plants Service following listing. The protection not anticipated that many trade permits (fewer than ZOO)make Eriaeron required of Federal agencies are involving p!ants of wild origin would rhizomatus especially vulnerable to prohibitions on taking are discussed in ever be issued since this plant is not habitat disturbances or other stresses. part below. comrnon in the wild and is not presently Critical Habitat Section 7(a) of the Act, as amended, in cultivation. requires Federal agencies to evaluate Section 9(a)(2)(B) of the Act, as No critical habitat is being prcposed their actions with respect to any species amended in 1982, states that it is for Erigeron rhizomatus at this time. The Endangered Species Act in section which is proposed or listed as unlawful to remove andreduce to endangered or threatened. Provisions for possession endangered pla& species 4(a)(8), as amended, requires that to the Interagency Cooperation which from areas under Federal jurisdiction. maximum extent prudent and implement section 7 of the Act are Section 4jd) provides for the provision determinable the Secretary shall codified at 50 CFR Part 402 (now under of.such protection to threatened plant designate any habitat of a species which revision, see proposal at 48 FR 29989; is considered to be critical habitat at the species through regulations. This new time the species is determined to be June 29. ‘1983).Section 7(a)(4) requires protection would accrue to Erigemn endangered or threatened.
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