Federal Register / Vol. 58, No.232 I Monday, December 6, 1993 I Proposed Rules 64Z81 telecommunications infrastructure. In 4. The Commission has studied the DEPARTMENT OF THE INTERIOR lanuary of 1990, for example, AT&T recommendations and has tentatively experienced a large scale service failure concluded that, with certain Fish and Wildlife Service when software used with its Signaling modifications, their establishment in the 50 CFR Part 17 System 7 contained a coding error. form of the proposed new Section Other major interexchange carriers also 63.100, while cost-effectiveand not RIN 1018—ACO9 experienced significant outages. In June unduly burdensome to the reporting and July of 1991, local exchange carriers Endangered and Threatened Wildlife parties, will significantly enhance the and ; Proposed Reclassification Pacific Bell and Bell Atlantic capacity of the Commission to monitor experienced major outages. At that time, outages and to encourage the industry to of Betula Uber (Virginia Round-Leaf ) From Endangeredto Threatened the Commission had no systematic way find ways to furtherensure network by which to become informed quickly of reliability. As with other Commission AGENCY: Fish and Wildlife Service, significant service disruptions and was regulations, compliance with the Lnterior. unable to determine whether certain proposed reporting requirements, if they ACTiON: Proposed rule. kinds of technology or equipment are established, may be effectively SUMMARY: The U.S. Fish and Wildlife threatened service reliability. Present enforced under 47 CFR 1.80. Section 63.100 provided a vehicle by Service (Service) proposes to reclassify which the Commission became better Regulatory Flexibility Analysis: We Betuio uber (Ashe) Fernald (Virginia and more quickly informed of certain certif that the Regulatory Flexibility round-leaf birch) from endangered to significant outages. Act of 1980 does not apply to this threatened. This action is proposed due 3. The Report and Order adopting rulemaking proceeding because if the to substantial improvement in the status present § 63.100, 7 FCC Rcd 2010 proposed rule amendment is of this species, which is known (Released February 27, 1992), 56 FR promulgated, there will not be a from one naturally occurring population 7883, March 5, 1992, requested that the significant economic impact on a in southwestern Virginia. Although the Network Reliability Council, a federal substantial number of small business natural population has decreased from advisory committee created by the entities, as defined in section 601(3) of 41 to 11 plants since the species’ Commission to provide advice to the the Regulatory Flexibility Act The rediscovery in 1975, the establishment Commission for enhancing network Secretary shall send a copy of this of 20 additional populations overthe reliability, study and recommend NPRM, including the certification, to past decade has resulted in a dramatic suitable additions to the reporting the ChiefCounsel for advocacy of the increase in the total population to over 1,400 subadult . Betulo uber requirement in §63.100. The proposed small business administration in seedlings also have been cultivated and amendment to § 63.100 incorporates accordance with section 605(b) of the distributed to interested individuals, many of the outage reporting Regulatory Flexibility Act, Pub. L. No. r~ommendationsof theCouncil. The arboreta, and botanical gardens 96—354, 94 Stat. 1167,5 U.S.C. 601 et throughout the United States and to two Council’s membership included all seq. sectors of the telecommunications foreign countries. industry, as well as state regulators and Lx Po.rte Presentations~.This is a This proposed reclassification is representatives of large and small nonrestricted notice and comment undertaken in fulfillment of section 4(c) of the Act (Act) of telecommunications consumers. A11 rulemaking proceeding. Ex parte Council meetings were open to the presentations are permitted except 1973, as amended, which requires the Service to periodically review and public. Members of the public were during the Sunshine Agenda period, invited to present written submissions provided they are disclosed as required reclassify, as needed, the species on the Federal list of endangered and for the Council’s consideration. The by Commission rules. See generally 47 final reporting recommendations, sent CFR 1.1202, 1.1203 and 1.1206(a). threatened wildlife and plants. The to the Commission on December29, proposed change in classification, based Legal Basis: Sections 1, 4, 201—205, on a thorough review of all information 1992, were the result of months of 218, 220 and 403 of the currently available for Betulo uber, painstaking research by theThreshold Communications Act of 1934, as provides formal recognition of progress Reporting Group, a research committee amended. of the Council composed of industry toward recovery of this species. Reclassification to threatened status will and consumer telecommunications List of Subjects in 47 CFR Part 63 exports. A variety of possible reporting not significantly alter its protection thiesholds and conditions were Communications common carriers, under the Act. considered by these experts~by the Reporting and recordkeeping DATES: Comments from all interested Council and by the Commission. (For a requirements, Service disruptions. parties must be received by February 4, detailed research summary and analysis, Federal Communications Commission. 1994. Public hearing requests must be received by January 20, 1994. Seethe Final Recommendation of the William F. Caton, Threshold ReportingGroup of the ADDRESSES: Comments and materials Network Reliability Council, December Acting Secretwy. concerning this proposal should be sent 15, 1992. This item is available for IFR Doc 93—29710 Filed 12—3—93; 8:45 aml to theEndangered Species Office, U.S. Inspection and copying during normal BILLING COOC S7I2-Oi-~ Fish and Wildlife Service, 300 Westgate Working hours in room6325 of the Center Drive, Hadley, MA 01035—9589. Commission’s offices at 2025 M Street, Comments and materials received will NW., Washington, DC 20554; copies be available for public inspection, by rn.y also be purchased from the appointment, during normal business ~nmission’s copy contractor, hours at the above address. h*ternational Transcription Service. FO~FURThER NFORMATIO~COITACT: Ms. (202)Suite857—3800,140, Washington,2100 M DCStreet,20037). Debbie Mignogno at the above address, telephone(413/253—8627). 64284 Fed~aI Izer / Vol. 58, No. 232 ~‘ Monday, December 6, 1993 I Proposed Rules addition to increesmg the number and is unknown, butthe trees were staked Based on a review of the Virginia geographical distribution of ronnd-leaf in an attempt to stabilize them. Round-Leaf Birth Recovery Plan (U.S in cultivation, making the plants The maintenance activities described Fish and Wildlife Service 1990), the available to the public was viewed as a above will continue as pert of the species’ present status does not meet the way of possibly reducing vandalism to recovery program following criteria established for delisting the the natural population by changing the reclassification of Betuia uber to species. However, given the successful public’s perception of thetree as rare. threatened. propagation and distribution of plants While vandalism and collection D. The inadequacy of existing together with its current distribution remain concerns, the distribution of regulatory mechanisms. Betula uber is and afforded protection, this rare birch seedlings, along with public awareness protected by the Federal Endangered is not in imminent danger of . efforts such as the interpretive activities Species Act of 1973. as amended, and The best available data indicate that at the Mt. Rogers National Recreation by the Virginia Endangered and Beta!a uber qualifies as athreatened Area, and coordination with persons Insect Act of 1979. The Virginia statute species. The Servicehas carefully and aeences in the area whose activities prohibits tiking of endangered plants on assessed thebest scientific and could affect the species, have shown at both public and private lands, except by commercial information available least some indirect suocess in the private landowner. Ifthe proposed regarding the past, present, and future alleviating these problems. It was noted reclassification to threatened stetus threats faced by this species in at the 1992 meeting of the Betula uber becomes final, no substantive change in determiningto propose this rule. Based Protection, Management and Research the protection afforded this species on this evaluation, the preferred action Coordinating Committee that no under these laws is anticipated. is to list Betula uber as threatened. vandalism was reported during the Populations on private lands will still Available Couservat~Measures previous year in the introduced be subject to loss due to inadequate If made final, this rule would change populations for the first time in five regulatory protection. the status of Betula uber at 50 CFR 17.12 years. E. Other natural or manmade factors from endangered to threatened. This C. Disease or predation. Betula uber is affectingits continued existence. Most rule would formally recognize that this subject to a number ofcompromising of the loss in thenatural population has speciesis no longer in imminent danger factors. including diseases, insects, and been attributed to vandalism and of extinction throughout a significant herbivory. Additionally, white-tailed collection. However, loss of individuals portion of it’srange. The proposed deer will rub saplings with their antlers. could continue to oa~rfrcxn such change In c3’issiflcationdoes not and this may nearly or completely girdle natural cat~es~ cesnpetition from later significantly altetthe protection for this the main stem. While no serious successional species and flooding of species under the Act. Anyone taking. problems with insect damage or disease Czessy Creek. Minimal reproduction in attemptingto take, or otherwise have been observed in the natural the natural population. probably due to possessing a Betula uber in an illegal population, three diseases were the limited source of pollen, may result manner would still be subject to penalty observed in the introduced populations in the gradual and possibly irreversible under Section 11 of the Act. There during the 1989 growing season (C. decline of this population unless further would be no difference in penalties for Thomas, peTs. comm., 19921. cankers, management actions are taken. the illegal take of an endangered species anthracuose, and a putative foliar virus. The relatively low numbers and versus a threatened species. Section 7 of In 1991. the highest mortality rate of limited rangeof tl~species continue to the Act would still continue to protect trees with basal cankers occurred in make the Cressy Creek populations this species from Federal actions that those trees located on poor or exposed vulnerable to natural stresses or would jeopardize the continued sites or those which showed symptoms catastrophes. However, given the existence of BetuIa uber. of die-back during the year. Plots were management tools developed for the Conservation measures prescribed by sprayed with pesticides between May species, as well as the variety of the Virginia Round-Leaf Birth Recovery and August 1991 to control fungal conditions under which the 20 Plan would proceed. Conservation pathogens and insects that may be introduced populations appear to grow, measures identified in the species transmitting these fungi or creating it is unlikely that a single natural stress recovery plan include: Continued efforts wounds through which the fungal would result in the loss of Betula uber top~~ portions of the natural canker pathogens can enter. Damage to in more than a poition of its existing population that occur on private lands; round-leaf birch leaves has also been range. expanded management of the natural incurred from Japanese beetles. While the single natural population population: continued efforts to During 1992. considerable mortality remains vulnerable to extirpation, due facilitate natural regeneration; of Betula uber was attributed to deer largely to past acts of vandalism and a establishment of pollen and banks; rubs. Browsing by deer and rabbit was continuing failure to reproduce, 19 of continued maintenance of the evident in several of the established the 20 additionaL populations offer the additional populations, including populations. While browsing may not possibility of self-maintenance, control of disease and insect problems, cause direct mortality due to the suggesting that it is unlikely that the prevention of browsing, and capacity of Betulo uber to rasprout, it round-leaf birch will disappear from its management of competing vegetation, may deaease the birch’s ability to only known native watershed. The further research into the plant’s compete with other plants, resulting in additional populations are believed to reproductive and genetic systems, as the demise of the tree. Wire cages, encompass the genetic diversity of the well as habitat requirements; and which were placed around the smaller natural population. As of May 1992, continued efforts to raise the public’s trees to prevent further loss from more than 1,400 individuals occur awareness in regardto issues affecting browsing, may have been prematurely within the Cressy Creek watershed, as this and other endangered plants (U.S. removed from some of the birch trees in compared to only 41 individuals known Fish and Wildlife Service 1990). June 1991. Further ~ncing is needed for to be in existence when the Cressy According to the recovery plan. protection.. Additionally, approximately Creek population was rediscovered in implementation of these recovery ten were found to be leaning. The cause 1975. actions will take place over a period of Federal Register I VoL S8, No. 232 / Monday, December 6, 1993 I Proposed Rules 64285 approximately 17 years, with full National Environmental Policy Act U.S. Fish and Wildlife Service. i986. recovery of the species being achieved Virginia round-leaf birch recovery plan, first by the year 2010. The Fish and Wildlife Service has revision, Newton Corner, MA. 25 pp. determined that an Environmental U.S. Fish and Wildlife Service. 1990. Public Comments Solicited Assessment, as defined under the Virginiaround-leaf birch recovery plan. Update. Newton Corner, MA. 43 pp. The Serviceintends that any final authority of the National Environmental action resulting from this proposal will Policy Act of 1969, need not be Authors be as accurate and as effective as prepared in connection with regulations adopted pursuant to section 4(a) of the The primary authors of this proposed possible. Therefore, comments or rule are Ms. Mary Parkin and Ms. Donna Endangered Species Act of 1073, as suggestions from the public, other Surabian, U.S. Fish and Wildlife amended. A notice outlining the concerned governmental agencies. the Service, 300 Westgate Center Drive, scientific community, industry, or any Service’s reasons for this determination was published in the Federal Register Hadley, Massachusetts 01035—9589 other interested partyconcerning this (413) 253—8617. proposed rule arehereby solicited. on October 25, 1983 (48 FR 49244). List of Subjects in 50 CFR Part 17 Comments particularly are sought Literature Cited concerning: Ashe, W. W. 1918. Notes on Betulc. Endangered and threatened species, (1) Biological, commercial trade, or Exports. Imports. Reporting and other relevant data concerning any Rhodore 20:63—64. Ford, R. H., T. L Shank, and P. P. Feret. recordkeeping requirements, threat (or lack thereof) to this species; Transportation. (2) The location of any additional 1983. Seed dispersal of the endangered Virginia round-leaf birth (Betuio tzberL Proposed Regulation Promulgation populations of this species; Forest Ecology and Management 6:115—128. (3) Additional information concerning Ogle, D. W. and P. Nt Mazzeo. 1976. Betuio Accordingly, the Service hereby therange. distribution, and population uber. theVirginia round-leaf birch, proposes to amend part 1~.subchapter size of this species; and rediscovered in southwest Virginia. Castanea B of chapter I, title 50 of the Code of (4) Current or planned activities in the 41:248—256. Federal Regulations, as set forth below: subject area and their possible impacts Shank, T.L. and R.H. Ford. 1984. Variation on this species. end of Betula uber, B. Jenta. and PART 17—(AMENDED] Final promulgation of the regulation B. alieghaniensis. Brittonia 36(3):307—316. on Betula tiber will take into Shank, T.L., P.P. Feret and RW. Dyer. 1. The authority citation for part 17 coosideration the comments and any 1990. Recovery of the endangered Virginia continues to read as follows: additional information received by the round-leaf birch (Betvla uber): A decade of Authority: 16 U.S.C. 1361—1407; 16 U.S.C. Service, and such communications may effort. Page 185—188. IN. Sheviak andD.J. 1531—1544: 16 U.S.C. 4201—4245; Public Law lead to a final regulation that differs Leopold leds.) Ecosystem management: Rare 99-625, 100 Stat. 3500, unless otherwise from this proposal. species andsignificant habitats. 1990. New no~ York State Museum Bulletin 471. The Endangered Species Act provides Virginia Department of Agriculture and 2. § 17.12(h) is amended by revising form public hearing on this proposal, if ConsumerServices. 1979. EndangeredPlant the entry for Betula uber under the requested. Requests must be received by and insect Species Act. 1979 Cumulative family Betu.laceae to read as follows: January 20, 1994. Such requests must be Supplement to Code of Virginia 39: 3—6. made in writing and addressed to the US. Fish and WildlifeService. 1982. ~ 17.12 Endangered and threatened plants. agoocy identified under ADDRESSES Virginiaround-leaf birch recovery plan. * * a a a above. Newton Corner, MA. 58 pp. (h) * *

~oes . Historic range Status When listed ~ ..~ — S~en~name Comen name

Bekeaceae~8~thtan~y~ Betiia iE,e’ ...~._. VirgUia round-leaf birth USA (VA) . T 39 NA NA

EMt~dCksober 28, 1993. DEPARTMENT OFCOMMERCE Atmospheric Administration (NOAA), Rithard N. Smith, Commerce. National Oceanic and Atmospheric ACTION: Proposed rule; extension of U.S. Fish and Wildlife AdminIstration comment period. (PRDoc. 93—29566 Filed 12—3—93; 8:45 aml 50 CFR Parts 215, 216~and 222 SUMMARY: NMFS is extending the *.L~as90005 4310-65-P comment period on proposed rules to (Docket No. 930404-3104; LD. 120293A] review regulations for protected species permits for purposes of public display, scientific research, and enhancement RIN 0648—AD1I (58 FR 53320, October 14, 1993). Three ProtectedSpecies Special Exception public hearings have been scheduled to Permits give interested members of the public an opportunity to provide comments on the AGENCY. National Marine Fisheries proposed rule (58 FR 58680). NMFS has Service MvIFS), National Oceanic and receivedrequests for an extension of the Federal Register / Vol. 58, No. 232 I Monday, December 6, 1993 / Proposed Rules 64283

that a minimum of 10 populations 1. Ten additional populations have abundant and could be expected to would be self-sustaining. Each newly- been established in suitable habitat; regenerate well. Additionally, the 20 established population consisted of 96 these populations have showed an established populations were planted on individuals, includingboth round-leaf average survival rate of? 75% over a 5 U.S. Forest Service lands; thus and sweet birch progeny. Habitat to 8 year period and have reached the protecting these individuals from take. management to promote the stage of initiating reproduction. Further, their habitats are protected establishment of these populations 2. Genotypes have been preserved from adverse modification and may be included fencing trees from browsers, through a program of sexual propagation managed specifically to enhance the removing competing vegetation around and through maintenance of a breeding species’ survival. individual transplants, and removing orchard. As part of the U.S. Forest Service’s competing vegetation from the forests 3. The single natural population is land management activities. competing bordering the populations. As of May extant, and there are opportunities to vegetation is periodically removed from 1992, survival averaged 77.5% for all protect and manage its habitat. the base of the established trees. populations regardless of the mother 4. Sufficient information is known to Because birches, in general, are known tree species, and ranged from 7.2% to facilitate Betuia uber reproduction to be sensitive to elevated temperatures 96.9% (Shank et a]. 1990). On this basis, through habitat management. and reduced moisture (T.L. Shank, 19 of the additional populations offer Based on a review of status Michigan Technological University, the possibility of self-maintenance. information, research results, and pers. comm., 1992), care is taken while Retention of round-leaf germplasm further planned recovery actions, it raking around the trees to avoid removal began in 1075 when the U.S. National appears highly likely that progress of too much organicmatter and Arboretum transplanted three seedlings toward the delisting obective specified exposure of the roots (C. Thomas, U.S. from the wild to its grounds in in the recovery plan will continue. Forest Service, pars. comm., 1992). Washington. DC. Approximately 50 Summary of Factors Affecting the On Forest Service land, a bank plants were produced from the 3 Species stabilization project located near the genotypes; these plants were distributed fenced enclosure of the largest Betula to arboreta, botanical gardens, and Section 4(a)(1) of the Act and uber specimen at the Mt. Rogers nurseries in theUnited States and 2 regulations promulgated to implement Viewing Area was completed in the European countries (Shank ef al. 1990). the listing provisions ofthe Act (50CFR summer of 1992. This project, which In 1988, approximately 2.000 seedlings part 424) set forth the procedures for was designed to hold excessive runoff in from crosses of selected genbtypes were adding species to the Federal list. A the existing stream channel in order to propagated for distribution to arboreta species may be determined to be an prevent flooding or erosion of birch and botanical gardens for teaching and endangered or threatened species due to habitat, has apparently achieved its research. Since 1989, round-leaf birch one or more of the five factors described aims without causing any unintended seedlings have been distributed to other in section 4(aX1). These factors and deleterious effects on the birch interested organizations and individuals their application to Betulo uber(Ashe) population. under policy guidelines developed by Fernald (Virginia round-leaf birch) are B. Overutilization for commercial, the Virginia Agricultural Experiment as follows: recreational, scientific, or educational Station. Recipients are required to cover A. The present or threatened purposes. To date, the historical loss of costs and sign a waiverthat they will destruction, modification, or 10 of the original 41 individuals in the not sellthe plants or their offspring. curtailment ofits habitat orrange. The population discovered in 1975 (Shank To increase awareness of the recovery Virginia round-leaf birch is a pioneer et al. 1990)can be attributed to effort and to minimize human impact on species that succumbs to competition transplanting of individual trees on the the natural population of round-leaf from longer-lived species. Under natural privately-owned tracts and to birch located on private property, the conditions, Virginia round-leaf birch vandalism. Collection accounts for an trees on public land have been the focus habitat is threatened by factors such as additional loss of 30 seedlings in 1981 of an ongoing round-leaf birch drought, flooding, and competing from the private land portion of the Interpretive program. A sign erected by vegetation. In this regard, by 1984 natural regeneration study area (U.S. the U.S. Forest Service givesthe flooding and competition with later Fish and Wildlife Service 1990, Shank location of the largestround-leaf birch successional species had caused the et al. 1990). Beginning in 1988, in an In the population—the Mt. Rogers death of 14 individual trees in the attempt to reduce collection pressure, Viewing Area—anda ramp provides a natural population. and to protect from loss of genetic close-up view of the tree, which is There are 11 trees, 4 reproductively diversity due to illegal collecting, enclosed by a chain-link fence. mature adults and 7 subadulis, seedlings were produced from Informationalmaterialsand guides tell remaining in the natural population. controlled crosses at a breeding orchard the round-leal birch story from its Only 2 of the 11 trees occur on publicly located at the Reynolds Homestead discovery through current recovery protected land. The nine trees on Research Center in Critz, Virginia. The activities. private lands remain susceptible to orchard is maintained by periodic After a decade of coordinated effort by adverse habitat modification or to mowing, weeding, inspection, and Federal, state, and private agencies and vandalism. However, these threats have treatment for insects and diseases. The institutions, as well as private been greatly diminished through efforts majority of the seedlings are in good to landowners, the outlook for the Virginia to achieve landowner cooperation and excellent condition. round-leaf birch has brightened public awareness together with the Beginning in 1968, public arboreta, C~nsiderebly.Because of the significant widespread distribution of artificially botanical gardens, nurseries, and other progress made towardrecovery of the propagated seedlings to the public. interested parties were informed of the species and the species’ current status, The optimum habitat requirements of availability of round-leaf birch seedlings rsclassification of the Virginia round- this species apparently are very similar produced from the breeding orchard, let! birch to threatened status is to these of sweet birch. Therefore, most and many requestswere filled, subject Warranted. The current status of Betuia of the 20 introduced populations were to the condition that the plants or their ~ is described below: planted in areaswhere sweet birch was offspring were not to be sold. In 64282 Fd~a1 K.e~isterI Vol. 58, No. 232 / Monday, December 6, 1993 1 Proposed R~i1es

SUPPLE~EXTARY IFOPMA11ON At the time of its rediscovery in ig7~, 1,000 individuals greaterthan 2 meters’ Background the oniy known natural Betnla uber (6 feet) tall. Given the present status of~ population consisted 0(41 individuals; ro~md-leafbirch and crirrent knowledge The Virginia round-leaf birch was by 1977 the population had dadined to of its life history, this condition is originally described as a variety of the 26 individuals, and it is now down to projected to be met by the year 2010 in common sweet birch (Betu4a lenta L) in 11 trees. This population is ~flaed to both the natural and additional 1918 by W.W. Ashe from trees he a 100 meter-wide (100 yaxd.-widei band populations. The 1990 plan does not reported growing along the banks of of highly disturbed second-growth forest document a redassification objective: Dickey Creek in Smyth County, Virginia along a one kilometer (1 mile) stretch of nevertheless, significant recovery (Asba 1918). The taxon was the Cressy Creek floodplain, a site progress can triggerconsideration for subaequently elevated to the species nearly surrounded by ~ricultural land redassi5cetion to threatened. level by M.L Fernald. The round-leaf (Ogle and Ma.zzeo 1976, Ford, Shank The natural population has been birch was not collected or observed and Feret 1983). The strip of forest monitored closely since 1978. Given the during the 1950s and 1960s. and was containing the round-leaf birch occurs heavy mortality that has occurred in this assumed to be extinct until it was within a much largerpopulation of population since 1975, an effortto rediscovered in 1975 along the banks of related dark-barked birch species (sweet enhance natural regeneration was Cressy Creek. approximately 2 birch and yellow birch. B. implemented in 1981. Two small areas kilometers (1. mile) from the type aileghaniensis). The round-leaf birch were cleared of vegetation within 60 locality (Ogle and Mazzeo 1976). The population extends over three meters (65 yards) of potential seed general consensus among botanists contiguous ownerships comprising the sources, one on public land and one 00 working with the species is that Ashe Mount Rogers National Recreation Area private land. Eighty-one round-leaf probably erred in his original reference in the Jefferson National Forest and two birch seedlings were recorded on the tooickey Creek (Sharik and Ford 1984, private tracts. In 1976, theFederal private property site. Rixmd-leaf birch Shank. Feret and Dyer 1990). Since government and theprivate landowners seedlings were not produced at the 1975, searches in the Cressy Creek and erected protective fences around their public land site, and this was attributed other watersheds overa three-county respective segments of the population. to the absence of a pollen source for the area have not revealed any additional This did not, however, prevent relatively isolated round-leaf birch populations in the wild. subsequent vandali~nand transplanting mother trees growing there (Shank et a!. Several lines of evidence now suggest of individual trees by private 1990). Initi&1 survival and growth rates a close evolutionary relationship landowners, with a resultant less of12 ofthe seedlings suggested that fitness M between the Virginia round-leafbirch round-leafbirches on the private lands. round-leafbirch may be as high as th~ and the sweet birch. Both taxa are Protection of the species gained in sweet birch (Shank et al. l990I~ apparently diploids. with 28 pairs of momentum in 1977 with formation of However, all of the 30 round-leafhi, chromosomes, and isozymes extracted the Betula uber Protection, Management seedlings remaining after the end of the from the cambium of both species show and Research Coordinating Committee, second growing season were gone by similar patterns (U.S. Fish and Wildlife which consists of representatives from 1986. the apparent result of vandalism., Service 19901. The ta.xa overlap the Federal and state governments. as whole plants (including roots) we~ completely in flowering times, and they conservation organizations. universities, missing. are interfertile (Shank and Ford 1984, and the private sector. Betula uber was In 1984, The Nature Conservancy US. Fish and Wildlife Service 1990). added to the U.S. Department of the acquired 14 hectares (35 acres) of land The offspring of crosses between the Interior’s list of endangered and adjacent to the natural population. The two taxa typically possess either the threatened wildlife end plants on April land was in turn purchased by the U~S. round leaves characteristic of round-leaf 26, 1978 (Federal Register Vol. 43, No. Forest Service in 1986 and has since birch or the ovate leaf shape typical of 81. pp. 17910—17916). bringing it under been managed as potential round-leaf sweet birch. Preliminary analysis the protection of theEndangered birch habitat; however, round-leaf suggests that this difference in leaf Species Act (Act) of 1973, as amended birches currently do not occur there. shape may be controlled by a single (16 U.S.C. 1531 etseq.). The species was Given the initial success of gene (Shank et aL 1990. U.S. Fish and also added to the Commonwealth of experiments with birch regeneration, it Wildlife Service 1990). This subject Virginia’s Endangered Plant and Insect was concluded that additional warrants further data collection and Species Act in 1979 (Virginia populations could be established and analysis to determine the species’ Department of Agriculture and that they could be self-sustaining given proper taxonomic status. Consumer Services 1979). periodic disturbance. In preparation for Betula uber is a moderate-sized tree in In 1982. the Service approved the planting of seedlings. 20 small (0.1 the family. It grows to 15 Virginia Round-Leaf Birch Recovery hectare) (.3 acre) openings were cleared meters (45 feet) in height with smooth. Plan (U.S.Fish and Wildlife Service in wooded areas within the Cressy dark brown to black, aromatic bark and 1982), which was revised in 1986 and Creek watershed in locations where a compact crown (Ogle and Mazzeo updated in 1990. The goal of this plan sweet birch was abundant. Seedswere 1976, Shank and Ford 1984, U.S. Fish is to increase the number of round-leaf collected from six round-leaf birch and Wildlife Service 1990). Its leaves birches in the wild to a level where the mother trees and four sweet birch are round to slightly oblong and species can be removed from the mother trees, germinated in greenhouse alternately arranged. The have Federal list: this level is estimated at conditions, and held in cultivation for long, smooth scales with threebroadly 500—1.000 individuals in each of 10 self- two to three growing seasons before divergent lobes. Three winged nutlets or sustaining populations. These transplanting to the cleared areas in samaras areborne at the base of each populations may include individuals of 1984 and 1985. Additional were scale (Sharik and Ford 1984). Betula sweet birch which carry the roundleaf germinated in 1985 for transplanting in uber flowers when the leaves emerge trait. Any population of round-leaf 1986 and 1987. from the winter buds in April to~ly birch, whether natural or established Five populations per year were May (U.S. Fish and Wildlife Service through plantings, will be considered established overthe 4-year period, for a 1986). self-sustaining when it produces 500— total of 20 populations, with thehope