DEPARTMENT OF THE INTERIOR Fish and Wildlife Servics 50 CFH Part 17 Endangered and Threatened Wildlife and ; Proposal To Determine 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 , 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 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.malsto 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. 50 CFR 424.12 Federal agencies to informally confer rhizomatus when revised regulations states that designation of critical habitat with the Service on any action that is have been promulgated. Permits for is not prudent if the designation will likely to jeopardize the continued exceptions to this prohibition wouid be increase taking threats or would not existence of a proposed species. This available. Proposed regulations otherwise be beneficial to the species. protection will now accrue to Erigemn implementing this new prohibition were Erigervn rhizomatus occurs only on U.S. rhizomatus. When a species is actually published on July 8,1983.148 J?R 314171, Forest Service land. The Act requires all listed, section 7(a)(2) requires Federal and these would be finalized following Federal agencies to carry out programs agencies to ensure that activities they public comment. Erigemn rhizomatus is for the conservation of listed species. authorize, fund, or carry out are not known only from Federal lands. The U.S. Forest Service is aware of likely to jeopardize the continued Requests for copies of the regulations where Erigeron rhizomatus occurs, and existence of such species. If an agency on plants and inquiries regarding them will need to continue to take steps to determines that its actions may affect a may be addressed to the Federal protect its essential habitat once ‘he listed species, the Federal agency must Wildlife Permit Office, U.S. Fish and species is listed. Also, all Federal enter into formal consultation with the Wildlife Service, Washington, DC. agencies, including the U.S. Forest Service. Erigeron rhizomatus is known 20240(703/23~1903). Service, are bound to avoid any actions only from U.S. Forest Service lands. If this species is listed under the Act, which would jeopardize any listed There are uranium mining claims in the the Service will review it to determine species. Therefore, the determination of vicinity of the majority of the whether it should be considered for critical habitat would not provide any populations in both the Datil and placement upon the Annex of the additional benefits for the plants. Sawtooth Mountains. The claims are Convention on Nature Protection and Critical habitat determinations, and presently inactive. If exploration or a Wildlife Preservation in the Western publication of detailed maps, have the resumption of mining were to occur, Hemisphere, which is implemented potential of creating taking pressures or there is potential for much damage to through section 8A(e) of the Act, and encouraging vandalism by the public on the plants and habitat. whether it should be considered for any plant. Pubiication of critical habitat The Act and its implementing other appropriate international maps for Erigeron rhizomatus would regulations found at 50 CFR 17.71 and agreements. 17.72 set forth a series of general trade enable the public to locate precisely Public Comments Solicited where plants occur, and might lend to prohibitions and exceptions which apply vanda!ism which could further threaten to all threatened plant species. With The Service intends that any final rule the species. Because the U.S. Forest respect !o Erigeran rhizomatos ail trade adopted will be as accurate and Service knows where Erigeron prohibitions of section 9[a)(2) of the Act, effective as possible in the conservation rhizomatus occurs, and will need to implementod by 50 CFR 17.71, would of any endangered .or threatened continue to protect its habitat when the apply. These prohibitions, in part, would species. Therefore, any comments or species is listed, and because a m&e it illegai for any person subject to suggestions from the public, other determinaticn of critical habitat might the jurisdiction of the United States to concerned governmental agencies, the impose a further threat to the p!ants, a impcrt or export. transport in interstate scientific community, industry, private determination of critica! habitat is not or foreign commerce in the course of a interests, or any other interested party considered prudent. comm~rcihl activity. or se!1 or cff:; for concerning any aspect of this proposed sale this species in interstate or foreign rule are hereby solicited. Comments Available Conservation Measures commerce. Seeds from cu!tivated particularly are sought concerning: Conservation measures provided to specimens of threatened plant species (1) biological or other relevant data species listed as endangered or are exempt from these prohibitions concerning any threat (or the lack threatened under the Endangered provided that a statement of “cultivated thereof) to Erigeron rhizomatus; Species Act include recognition, origin” appears on their containers. (2) the location of any additional recovery actions, requirements for Certain exceptions can apply to agents populations of Erigeron rhizomatus and Federal protection, and prohibitions of the Service and State conservation the reasons why any habitat of this Federal Register / Vol. 49, No. 80 / Tuesday, April 24, 1984 / Proposed Rules 1?551 species should or should not be 1973, as amended. A notice outlining the LaVerne Smith and John Paradiso of the determined to be critical habitat as Service’s basis for this determination Office of Endangered Species served as provided by section 4 of the Act; was published in the FederaI Register on editors. (3) additional information concerning October 25,1983 (48 FR 49244). the range and distributinn of this List of Subjects in 50 CF’R Part 17 Reference8 species; and Endangered and threatened wildlife, (4) current or planned activities within Cronquist, A. 1947. A revision of the Fish, Marine manmals, Plants the range of Erigeron rhizomatus and North American species of Erigeron (agriculture). their possible impacts on the species. north of Mexico. Brittonia 6:121-302. Final promulgation of the regulation Fletcher, R. 1978. Status report: Erigeron Proposed Regulation Promulgation on Erigeron rhizomatus will take into rhizomatus. U.S. Forest Service, consideration the comments and any Region 3. Albuquerque, New Mexico. PART 17-CAMENDEDl additonal information received by the 5 PP. Accordingly, it is hereby proposed to Service, and such communications may Martin, W.C. and Hutchings, C.R. 1981. amend Part 17, Subchapter B of Chapter lead to a final regulation that differs A Flora of New Mexico. J. Cramer, I, Title 50 of the U.S. Code of Federal from this proposal. Germany, xiii +259l pp. Regulations, as set forth below The Endangered Species Act provides Sabo. D.G. 1981. Status report: Erigeron rhizomatus. Office of Endangered I. The authority citation for Part 17 for a public hearing on this proposal, if reads as follows: requested. Requests must be filed within Species, U.S. Fish and Wildlife 45 days of the date of the proposal. Such Service, Albuquerque, New Mexico. Authority: Pub. L 93495.87 Stat. 984; Pub. requests should he made in writing and L 94459.99 Stat. 911; Pub. L 95-632 92 Stat. ‘18 PP. 3751; Pub. L 96-x59,93 Stat. 1225; Pub. L 97- addressed to the Regional Director (see Authors 304.96Stat. 1411(16LJ.S.C.1531el seq.). ADDRESSES section). The primary author of this proposed 2. It is proposed to amend 0 17.12(h) National Emironmental Policy Act rule is Sandra Limerick, Endangered by adding, in alphabetical order under The Fish and Wildlife Service has Species staff, U.S. Fish and Wildlife . , the following to the List of determined that an Environmental -Service, Department of the-_ Interior,__ . P.O. Endangered and Threatened Plants: Assessment, as defined by the National Box 1306, Atbuquerque, New Mexico Environmental Policy Act of 1969, need 87193 (595/766-3972). Status information 9 17.12 Endangered and Threatened not be prepared in connection with and a preliminary listing package were Plahts. regulations adopted pursuant to Section provided by D. G. Sabo.P.O.Box2267, l l l l l 4(a) of the Endangered Species Act of Albuquerque, New Mexico 87103. E. [h) l l l

Asteraceaa-As10’ family * ...... 15~7~7 ~I&T&.s ...... Rhaom lfeabane ...... _...... _.._...... U.S.A (NM) ._...... I. T . .._...... ,...... NA .._....- .I_..I._... NA ......

Dated: April 13,1984. G. Ray Am&t, Assistant Secretary far %ish and Wildlife and Parks. (FR 00~ 64-10633 Filed 4-23-M 8~15 am] 6lLLlNG COM 43lo-s!i-u s

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