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DEPARTMENT OF THE INTERIOR cinquefoils, but it was eventually requirements for Potentilla robbinsiana. recognized as a distinct species Monroe Flats (elev. 1,550 meters (m) Fish and Wildlife Service (Rydberg, 1896). (5,085 feet (ft.)) consists of an exposed Potentilla robbinsiana is a long-lived low dome that is covered with 50 CFR Part 17 perennial herb. Its hairy three-part alternating bands of relatively barren RIN 1018–AH56 compound leaves are deeply toothed, small-stoned terraces and thickly and mature plants form a dense 2–4 vegetated mats. Blowing winds keep the Endangered and Threatened Wildlife centimeter (cm) (1–1.5 inch (in)) rosette. Monroe Flats mostly free of snow and and Plants; Removal of Potentilla Individual plants develop a deep central ice throughout the winter, leaving the robbinsiana (Robbins’ cinquefoil) taproot, which helps to anchor them vegetation exposed to the abrasive From the Federal List of Endangered and resists frost heaving. Potentilla action of blowing snow and ice, and and Threatened Plants robbinsiana is one of the first plants to desiccating winds. The moist, barren bloom in the alpine zone where it is soils are also susceptible to frost AGENCY: Fish and Wildlife Service, found, flowering soon after the snows disturbance from freeze-thaw cycles for Interior. recede, from late May to mid-June. much of the year. In this extreme ACTION: Final rule. Adult plants produce from 1 to 30, 5- environment of moderate solifluction petalled yellow flowers on individual (soil movement downslope) and SUMMARY: We, the U.S. Fish and stems. The achenes (fruits) mature by exposed topography, Potentilla Wildlife Service (Service), have late July, and disperse on dry windy robbinsiana occupies a narrow niche: It determined that Potentilla robbinsiana, days. These seeds seldom disperse more is likely a poor competitor with other commonly called Robbins’ cinquefoil, is than 20 cm (8 in) from the parent plant, species, but is able to thrive in a harsh no longer an endangered species which limits natural reestablishment environment where few other species pursuant to the Endangered Species Act (Kimball and Paul, 1986). The seeds can survive (Cogbill, 1987). of 1973 (Act), as amended. This remain dormant for at least one winter, The second extant natural population determination is based on available data and germination begins the following occurs on Franconia Ridge, 30 indicating that this species has year during June and July. Although kilometers (km) (18.6 miles (mi)) to the recovered. The main population of the seed viability is generally high, seedling west of the Monroe Flats population. species currently has more than 14,000 survival is low (Iszard-Crowley and Although still within the alpine zone, plants, and the 2 transplant populations Kimball, 1998). the habitat here is markedly different. A have reached or surpassed minimum Various experiments have shown that limited number of plants grow at a site viable population size. This action Potentilla robbinsiana produces seed on the south end of the Franconia Ridge removes Potentilla robbinsiana from the asexually so that seedlings are in crevices along the side of a vertical List of Endangered and Threatened genetically identical (Lee and Greene, cliff just below the ridgeline. Although Plants and removes the designation of 1986). This species has the chromosome records indicate that the Franconia critical habitat. number 49 that allows it to maintain population was never very large, it is This rule includes a proposed 5-year itself through asexual reproduction, likely that these few plants are the post-delisting monitoring plan as which partially explains the low genetic remnants of a larger population from required for species that are delisted variability found within the sampled more suitable habitat that previously due to recovery. The plan will include population (David O’Malley, personal existed along the top of the ridge. The monitoring of population trends of both communication, 2000). habitat has long since eroded and the natural and transplant populations. Potentilla robbinsiana is endemic to plants have disappeared due to hiking DATES: This rule is effective September the White Mountains of New Hampshire activity along a ridgeline trail. 26, 2002. and is restricted to two small, distinct Potentilla robbinsiana was listed as areas on lands administered by the endangered on September 17, 1980, and ADDRESSES: The administrative file for White Mountain National Forest. critical habitat encompassing the this rule is available for inspection, by Herbaria collections suggest that Monroe Flats population was designated appointment, during normal business historically there may have been a at that time. Overzealous specimen hours at the U.S. Fish and Wildlife number of small populations in close collecting and unregulated hiker Service, Northeast Regional Office, 300 proximity to these two areas. Currently disturbance were the reasons for listing. Westgate Center Drive, Hadley, there are only two natural populations. At the time, the extent of the Monroe Massachusetts 01035 (telephone (413) Reports of occurrences outside of New Flats population was shrinking (Graber 253–8628). Hampshire have been discounted and Brewer, 1985), and the Franconia FOR FURTHER INFORMATION CONTACT: (Cogbill, 1993), and records indicate Ridge population was thought to be Diane Lynch at (413) 253–8628 or the that Potentilla robbinsiana has always extirpated. above address. had a very narrow geographic We approved a recovery plan for SUPPLEMENTARY INFORMATION: distribution. Potentilla robbinsiana in 1983 and The largest natural population of revised it in 1991 (U.S. Fish and Background Potentilla robbinsiana occurs on Wildlife Service 1991). We began Although its discovery was not Monroe Flats located just above treeline recovery activities in 1979, focusing on formalized until 1840 (Torrey and Gray, on a col (saddle) between Mt. Monroe the only known population at Monroe 1840), the first recorded collection of and Mt. Washington in the Presidential Flats. Important features of the recovery Potentilla robbinsiana (Robbins’ or Range. Within this small area (less than efforts for this species included: dwarf cinquefoil) by Thomas Nuttall in 1 hectare (ha) (2.5 acres (ac))), the construction of a scree wall; signs to 1824 generated a strong interest among population is well established with alert the public to stay on the trail; botanists and others in this diminutive more than 14,000 plants at present. Educational posters at the Lake-of-the- member of the rose family (Rosaceae). Considering its local abundance and Clouds hut; monitoring the use of the Initially, there was confusion as to its density at this one location, we assume Crawford Path; and trail relocation to taxonomic status, and it was designated that some of the unique features of avoid disturbance. We subsequently as a variety of various European Monroe Flats are important habitat rediscovered the natural Franconia

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Ridge population in June of 1984, which established with over 337 plants Summary of Current Status was represented by a single known counted in 2001 and good natural As mentioned in the ‘‘Background’’ plant. recruitment occurring. Prior to listing, there had been a section, Potentilla robbinsiana is number of attempts to establish Summary of Federal Actions endemic to alpine areas of the White transplant populations at approximately Mountain National Forest. The species Section 12 of the Endangered Species is limited in its distribution as it 20 locations throughout the White Act of 1973 directed the Secretary of the Mountains (Graber, 1980). Although occupies a unique habitat within the Smithsonian Institution to prepare a alpine zone that is very restricted some of these efforts showed signs of report, within 1 year after passage of the initial success, all but one eventually geographically. There are currently four Act, on those plants considered to be populations of the species; three are failed due to unsuitable habitat or endangered, threatened, or extinct. This because patches of suitable habitat were considered viable (over 50 plants), report, designated as House Document Monroe Flats, Camel Patch transplant too small to support viable populations. No. 94–51, was presented to Congress The Appalachian Mountain Club’s site, and the Franconia Ridge transplant on January 9, 1975. On July 1, 1975, the site. One site, the natural Franconia Research Department reviewed these Director of the Service published a efforts, and, using the lessons learned, Ridge site has a very limited range of notice in the Federal Register (40 FR narrowed recovery efforts to four habitat. This population continues to 27823) of his acceptance of the report of potential sites as outlined in the sustain itself. However, we believe it the Smithsonian Institution as a petition updated 1991 recovery plan: Two used will never reach the 50 plants needed to within the context of section 4(c)(2) of in the previous transplant efforts (Camel be considered viable due to limited the Act, and of his intention thereby to Patch and the Viewing Garden) and two suitable habitat. review the status of the plant taxa new ones (Boott’s Spur and an Table 1 shows the Monroe Flats named within. On June 16, 1976, the additional Franconia Ridge population). census counts of the species. Although Of the transplant populations created Service published a proposed counts were undertaken in 1973, 1983, prior to this species’ listing, one rulemaking in the Federal Register (41 and 1992, the methodology used to continues to persist. Camel Patch FR 24523) to determine approximately count the plants differed. The most received an unknown number of 1,700 vascular plant species to be reliable comparison between the three transplants by Raymond E. Gerber from endangered species pursuant to section prior censuses and the most recent the 1980s to 1991 (records unavailable). 4 of the Act. Comments on this proposal census (1999) is the number of plants The Appalachian Mountain Club were summarized in the April 26, 1978, found that were greater than 14 inventoried this site starting in 1984 Federal Register publication of a final millimeters (mm) (0.5 in.) in stem when they located 84 plants. Only one rule, which also determined 13 plants to diameter. Comparing the number of of the transplant zones in this habitat be either endangered or threatened plants greater than 14 mm in diameter showed viable natural reproduction species (43 FR 17909). Potentilla for censuses in 1983, 1992, and 1999 occurring. This population was robbinsiana was included in the clearly demonstrates that the Monroe monitored annually from 1984 to 1992 Smithsonian’s report, the July 1, 1975, Flats population has dramatically and again in 1995, with annual notice of review, and the June 16, 1976, increased. monitoring beginning again in 1998. proposal. Supplementation of this population The amendment of the Act in 1978 TABLE 1.—MONROE FLATS CENSUS began in 1999 with 6 transplants, which required that all proposals over 2 years COUNTS FOR Potentilla robbinsiana boosted this population to 23 adults, 60 old be withdrawn. A 1-year grace period juveniles, and 6 new transplant adults. was given to proposals already over 2 Number of Since 1999, an additional 31 transplants years old. On December 10, 1979, we plants with Increase from were done, bringing the population to published a notice withdrawing the stems greater Year than 14 mm previous count 40 adults and 57 juveniles. The Viewing June 16, 1976, proposal to list Potentilla (0.55 in) in di- (percent) Garden had received 19 known adult robbinsiana (44 FR 70796). ameter transplants from about 1980 through Based on sufficient new information, 1997. Though the adults survived for 1973 ...... 1,801 we again proposed Potentilla some time, viable natural reproduction 1983 ...... 1,547 –14 robbinsiana for listing on March 24, was problematic and these individuals 1992 ...... 3,368 118 1980, and proposed its critical habitat died out over time. 1999 ...... 4,575 36 Transplant efforts to new locations for the first time (45 FR 19004). A public began in 1986 with the introduction of meeting was held on this proposal on Both the Camel Patch and Franconia 160 plants over three years at the Boott’s April 28, 1980, in Concord, New Ridge transplant populations have Spur site. The site showed some initial Hampshire. On September 17, 1980, we persisted for more than 10 years. Both promise, but by 1991 mortality was published a final rule in the Federal have juvenile recruitment and 100%. Although the Boott’s Spur Register (45 FR 61944) listing Potentilla successful second generation seedling location was recognized as suboptimal robbinsiana as endangered and establishment. Transplant and/or habitat and had failed in a previous designating critical habitat. monitoring efforts for these populations transplant effort, another 27 plants were On June 8, 2001, we proposed to continue on a near annual basis transplanted in 1995, but none survived remove Potentilla robbinsiana from the (Kimball, 1998). The high level of soil after the first year. The new Franconia List of Endangered and Threatened movement throughout Camel Patch population was established in 1988 with Plants because the available data makes much of the site unsuitable for 61 plants transplanted over 2 years and indicate that this species has recently transplant efforts, nevertheless a an additional 108 plants through 1996, met the goals for delisting. In our population located along the edge of the the date of the last transplant efforts. Federal Register notice (66 FR 30860), encircling vegetation is well established. Like the natural populations, this we requested that all interested parties The Franconia Ridge population has transplant population has fluctuated provide information and comments on increased dramatically in recent years over the years, but now appears well the status of this species. and is now well established.

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An 11-year demographic study, minimum viable population for the Patch location with a current population funded by the Service, the U.S. Forest transplant populations centered on the of 97 plants (Table 2) and the Franconia Service, and Appalachian Mountain survival of each life stage of the plant at transplant location with a current Club, was conducted along four the Monroe Flats population. The study population of 337 plants (Table 3) meet permanent transects within the Monroe recommended a minimum viable this criterion. Flats population. The purpose of this population of 50 plants (Iszard-Crowley study, in part, was to determine a and Kimball, 1998). Both the Camel

TABLE 2.—RESULTS OF THE 1999–2001 CENSUSES OF THE CAMEL PATCH TRANSPLANT POPULATION

≥ Total # Year Seedling Juvenile < Juvenile Adults plants ≥ Total 14mm 14mm 14mm

1999 ...... 0 43 23 21 44 87 2000 ...... 0 42 30 29 59 101 2001 ...... 0 27 30 40 70 97

TABLE 3.—RESULTS OF THE 1999–2001 CENSUSES OF THE FRANCONIA TRANSPLANT POPULATION

≥ Total # Year Seedling Juvenile < Juvenile Adults plants ≥ Total 14mm 14mm 14mm

1999 ...... 1 284a 46 N/Aa 331 2000 ...... 0 172 58 77 135 307 2001 ...... 0 179 83 75 158 337 a Size class data unavailable.

Potentilla robbinsiana Recovery populations: (1) Protocols were contained minor changes to incorporate developed to monitor the Monroe Flats the rediscovered natural Franconia In accordance with section 4(f)(1) of population to better understand its population, and acknowledged that the Act, the Service is responsible for demographic trends and natural rates of suitable additional unoccupied habitat the development and implementation of recruitment and mortality, and to collect may be a limiting factor. In addition to recovery plans for all listed species, to data to model minimum viable the protection of the natural the maximum extent practicable. The population size; (2) the natural populations, this plan determined that a first Robbins’ Cinquefoil Recovery Plan Franconia Ridge population historically occupied zone within the was completed in 1983, and featured (rediscovered in 1984) was annually Monroe Flats should be recolonized. two main objectives: (1) To protect the monitored; (3) micro-habitat Transplant efforts began in 1996 to meet existing Monroe Flats colony, components were identified and used to this objective, and successful juvenile encouraging its expansion to previously locate unoccupied, potentially suitable recruitment has since been observed. occupied habitat; and (2) to establish habitat; and (4) effective propagation To delist Potentilla robbinsiana, long- self-maintaining populations in at least and transplant techniques were term demographic evidence must show four additional potential habitats not developed. Transplant techniques that the Monroe Flats population is occupied at the time. varied over the years. However, the stable or increasing in size. As To accomplish the first objective, a most successful efforts used 2-year-old mentioned in the ‘‘Summary of Current scree wall surrounding the Monroe Flats plants germinated from seed, and Status’’ section, comparing the number population was constructed and posted transplanted with the soil media intact of plants greater than 14 mm in stem with ‘‘closed to entry’’ signs, and two in mid-June to early July. Each year a diameter for censuses in 1983, 1992, hiking trails that had previously portion of the seed collected for use in and 1999 clearly demonstrates that the traveled through the Monroe Flats transplants is placed in cold storage at Monroe Flats population has population were relocated away from the New England Wildflower Society to dramatically increased. the population. Plants have since been establish a seed bank for this species. While the 1991 recovery plan calls for successfully transplanted back into the As mentioned in the ‘‘Background’’ the establishment of four transplant habitat where the trails had resulted in section, two of the transplant sites populations, it also recognizes that the localized demise of the plants, failed, Boott’s Spur and the Viewing suitable habitat may be a limiting factor, primarily at the highest elevation in the Garden. The other two transplant sites, and requires only two of the four Monroe Flats population. The ability of Franconia and Camel Patch, are both transplant populations to be viable. seed to move downhill from this considered viable populations with 331 Introduction of plants to the Boott’s recolonized site should benefit the plants and 87 plants respectively, in Spur location has subsequently been Monroe Flats population. In addition, 1999. As of 2001, these populations dropped due to the unsuccessful personnel from the White Mountain increased to 337 plants and 97 plants transplant efforts resulting in 100% National Forest and Appalachian respectively. mortality. The Viewing Garden location Mountain Club continue to provide The Robbins’ Cinquefoil Recovery also showed 100% mortality in 1998. stewardship, enforcement, and Plan: First Update, published in 1991, There are no plans to reestablish a educational resources on site. retained recovery criteria for the population at this location because the Several tasks were necessary to meet protection of existing natural suitable habitat is very limited and the second objective of establishing four populations and establishing additional cannot support more than a few additional self-maintaining transplant transplant populations, but also individual plants that are unlikely to

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persist under natural population be for total population, not transect Issue 5: One commenter was fluctuations. Biologists familiar with counts as suggested in the proposed concerned that the Service did not this species are confident that little if rule. complete tasks 5.3 and 7 in the original any suitable habitat in the White Our response: We agree that a total recovery plan of 1983, and task 5.1 of Mountains remains to be discovered (K. population census using a grid sampling the updated plan, prior to publishing Kimball, Appalachian Mountain Club, methodology would provide more the proposed rule. pers. comm. 2000). Therefore, given that consistent comparisons over time. For Our response: We disagree. Task 5.3 the discovery of additional suitable the 5-year post-delisting monitoring, a of the original plan, ‘‘Develop news habitat for the establishment of new total population census will be used. releases, articles and maintain contact transplant attempts is unlikely, recent However, as explained in the ‘‘Summary with interested groups,’’ was not efforts have focused on ensuring viable of Current Status’’ section, the most included in the updated plan of 1991. populations at the two remaining reliable comparison between the 3 prior Task 7 of the original plan and task 5.1 transplant locations, Camel Patch and censuses and the most recent census of the updated plan are essentially the Franconia Ridge. As stated in the (1999) is the number of plants found same: ‘‘submit an annual report on all ‘‘Summary of Current Status’’ section, that were greater than 14 mm (0.5 in.) conservation activities and research research on the species has determined in stem diameter. findings.’’ The Appalachian Mountain that a minimum viable population Issue 3: One commenter was Club has submitted annual Potentialla consists of 50 plants (Iszard-Crowley concerned that the proposed rule does robbinsiana progress reports and Kimball, 1998). Both the Franconia not technically satisfy some of the consistently since 1984 to both the transplant location with a current downlisting and delisting criteria Service and the White Mountain population of 337 plants and the Camel contained in the updated recovery plan. National Forest. Additional reports Patch location with a current population Our response: As mentioned in the including several updates on of 97 plants meet this criterion. proposed rule, the downlisting and germination and transplanting of the delisting objectives in the 1991 recovery species and a demographic analysis of Summary of Issues and Potentialla robbinsiana were also Recommendations plan update were based on the best information available at that time. The supplied to the Service and the White In the June 8, 2001, proposed rule (66 Mountain National Forest. recovery plan states ‘‘that approved FR 30860) we requested that all Issue 6: One commenter asked if the recovery plans are subject to interested parties provide information proposed rule received approval of the and comments on the status of modification as dictated by new recovery team or was peer-reviewed by Potentilla robbinsiana and the proposal findings, changes in species status, and conservation biologists. to delist this species. The public the completion of recovery tasks.’’ Each Our response: There is no recovery comment period ended August 7, 2001. recovery objective from the 1991 plan is team for this species. Instead, the Announcements of the proposed rule addressed in the ‘‘Potentilla robbinsiana Service submitted the proposed rule to were sent to Federal and State agencies, Recovery’’ section of this rule. This three organizations: the White Mountain elected officials, interested private section lays out the recovery actions National Forest, the Appalachian organizations and citizens, and local that have led to the decision to delist Mountain Club, and the New England area newspapers. the species, even though not every Wild Flower Society, for scientific We received a total of two written objective was met. In addition, we have review. Scientists associated with these comments, one from an individual and determined that none of the five listing organizations, who are knowledgeable one from an organization. The factors identified in the Act remain a about Potentilla robbinsiana’s status and organization (Appalachian Mountain threat to Potentilla robbinsiana. The biology, reviewed the proposed rule. Club) supports the delisting proposal, objectives identified during the recovery Only the Research Department of the while the individual did not support it. planning process provide a guide for Appalachian Mountain Club chose to Comments are discussed below. In measuring the success of recovery, but provide a written endorsement of the addition, we considered and are not intended to be absolute proposed rule. The State of New incorporated, as appropriate, into the prerequisites, and should not preclude a Hampshire’s Natural Heritage Program final rule all biological and commercial reclassification or delisting action if also received a copy of the proposed information obtained through the public such action is otherwise warranted. rule, and has been an active participant comment period. Issue 4: One commenter was in the recovery planning and efforts for Issue 1: Both commenters mention concerned that the Service did not seek this species. that the more appropriate common the review and concurrence from the ad Issue 7: One commenter was name for the species is dwarf cinquefoil. hoc recovery group for Potentilla concerned that the proposed rule did Our response: We agree that the robbinsiana. not provide indication of active current common name is dwarf Our response: The ad hoc recovery protection efforts from off-trail hikers at cinquefoil. Throughout this document group first met shortly after the listing the Camel Patch population or from we refer to the species by using the of the species in 1980. At that time and rock climbers at the natural Franconia Latin name Potentilla robbinsiana. The up until the present, this group was Ridge population. exception being, when referencing the never a formalized recovery team with Our response: Surveys have yielded recovery plans, where the formal title of members appointed by the Regional no evidence of trespass or disturbance the plans refers to the species as Director. This group was consulted at to these populations. We, together with Robbins’ cinquefoil. We continue to use one time, but the Service never asked the Appalachian Mountain Club, the common name of Robbins’ for a consensus on any matters. This monitor the transplant populations and cinquefoil for this species since that was group has not met in over a decade. The the Franconia Ridge natural population the common name under which this Service did seek scientific review and on a near annual basis. It is species was associated at the time of comment from all interested recommended by the Appalachian listing. stakeholders during our public Mountain Club, and the Service Issue 2: One commenter recommends comment period associated with the concurs, that the best long-term that all future population counts should proposed rule. management for these populations is to

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manage them, but not to draw attention four locations, two persist today. Given their application to Potentilla to them. Unlike the Monroe Flats this species’ unique habitat needs, the robbinsiana are as follows: population, these three populations are small geographic extent of such habitat, A. The Present or Threatened generally unknown and less accessible. and the fact that transplanting efforts Destruction, Modification, or Attempts to manage trespass using scree occurred at over 20 sites, we feel that Curtailment of Its Habitat or Range walls, signage, or other means, may call locating additional suitable habitat for more attention to these discrete new transplant attempts is unlikely. Potentilla robbinsiana utilizes a populations than the current low-key Issue 10: One commenter questioned substrate described as shallow loamy strategy. why, if the Camel Patch population is sand topped with a stony, pavement- Issue 8: One commenter noted that deemed viable, we continue to like surface. This stony surface layer transplanted subpopulations at the supplement it. protects the soil from being either blown Monroe Flats population are not Our Response: Seeds are collected or washed away. The 1980 final listing necessarily viable. annually from the Monroe Flats rule determined that the plant and its Our response: We consider the population and shipped to the New habitat were damaged by trampling from Monroe Flats population to be one England Wild Flower Society for future hikers. Hiking through the habitat is population and do not identify germination and propagation. In the unimpeded due to the lack of most subpopulations. Task 4.5 of the updated past, plants reared from these seeds vegetation. Because the plants are small, recovery plan directs efforts to were transplanted at the Camel Patch it is easy for hiker boots to crush adult, recolonize extirpated historical sites in and Franconia transplant populations to juvenile, and seedling plants. the essential Monroe Flats habitat. help establish viable populations. They Since listing, the threat from Rather than ensuring additional viable were also transplanted at the Monroe trampling has been reduced by rerouting subpopulations within Monroe Flats, Flats population, and continue to be in trails and protecting habitat. The section the purpose of this task was to expand an effort to reestablish adult plants at a of the Appalachian Trail that bisected the population to its historical spatial topographic high spot so that they can the Monroe Flats population is referred extent where possible. Transplant act as an additional seed source for the to locally as the Crawford Path, named efforts on Monroe Flats have focused in main population at this site. Currently, after Abel Crawford who constructed areas where plants had been extirpated the only plants that are transplanted at the path in 1819. In 1915, the due to trampling. Substrate directly the Camel Patch population are extra Appalachian Mountain club constructed along the now discontinued section of plants intended for the Monroe Flats Lake of the Clouds Hut, 270 m (295 the Crawford Path has been heavily annual transplant effort. These plants yards (yd)) to the north of the trail. The impacted and is no longer suitable are strategically placed to allow seed to Crawford Path was relocated at this time habitat. However, impacts on either side flow downhill of the habitat in an effort to bring the trail by the Hut, and of the discontinued trail have been less to physically expand this population. although the trail was no longer directly significant, and have been the focus of bisecting Potentilla robbinsiana habitat, Summary of Factors Affecting the transplant efforts, including the high- it still went through the northwest Species point on Monroe Flats known as the corner of the critical habitat. In 1983, ‘‘Dome.’’ This location may play an Section 4 of the Act and regulations the Crawford Path and Dry River Trails important role as seed source for (50 CFR part 424) promulgated to were rerouted a second time in response downslope areas since seeds rarely implement the listing provisions of the to the Federal listing, to move the trails migrate far from the parent plant. The Act, set forth the procedures for listing, outside of the plant’s critical habitat. A past impact from substrate compression reclassifying, and delisting species on low scree wall was constructed in makes the habitat suitability and future the Federal lists. A species may be listed conjunction with the trail relocation, status of this part of the transplant area if one or more of the five factors around the critical habitat, and has been uncertain. However, recent transplant described in section 4(a)(1) of the Act particularly effective in places where survival has been strong, and there is threatens the continued existence of the the trail abuts critical habitat. Signs seedling and juvenile recruitment in species. A species may be delisted posted around the Monroe Flats these areas, which meets the stated according to 50 CFR 424.11(d), if the population notify hikers that there is a recovery task. Regardless of the best scientific and commercial data federally listed species present and no potential for long-term reestablishment available substantiate that the species is admittance is allowed without a permit. within the extirpated areas, these plants neither endangered nor threatened (1) These signs are replaced as needed. represent less than one percent of the because of extinction, (2) because of Hiker traffic and trespassers into the Monroe Flats population and do not recovery, or (3) because the original data critical habitat were recorded by affect the viability of the Monroe Flats for classification of the species were in pressure plates during 1985 to assess the population. error. effectiveness of hiker management. The Issue 9: One commenter was After a thorough review of all plates were operated from June through concerned with the statement that there available information, we determined October 1985 and checked several times is no suitable unoccupied habitat left for that substantial Potentilla robbinsiana weekly. Of 4,286 hikers counted over the species, and considers this as self- recovery has taken place since listing in 115 days the counters were functional, fulfilling and thus tautological. 1980. We have also determined that the trespass rate was 2 percent (Kimball Our response: As stated in the none of the five factors identified in and Paul, 1986). The target compliance proposed rule under the ‘‘Background’’ section 4(a)(1) of the Act, and discussed level established by the 1983 recovery section, prior to listing there had been below, are currently affecting the plan was 95 percent of the hikers not a number of attempts to establish species in such a way that the species trespassing into the critical habitat, an transplant populations at approximately is endangered (in danger of extinction objective that has been maintained or 20 locations throughout the White throughout all or a significant portion of exceeded since 1981. Outreach has also Mountains. In 1986, with the experience its range) nor threatened (likely to been a strong recovery component for gained from previous efforts, the four become endangered in the foreseeable ensuring hiker compliance of no most appropriate transplant sites were future throughout all or a significant trespassing into the Potentilla determined, and efforts began. Of these portion of its range). These factors and robbinsiana habitat. A naturalist is

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stationed at the Lake of the Clouds Hut collectors were selling alpine plants, measures, with our assistance, both throughout the summer. The Hut specifically including Potentilla through the recovery period, and if and naturalist is available during the day to robbinsiana, to other collectors for 10 when Potentilla robbinsiana is removed answer questions and give interpretive cents per sheet (Cogbill, 1993). from the list of endangered and talks regarding Potentilla robbinsiana. However, commercial trade in the threatened plants. The naturalist and other Hut staff are species has not occurred since the early Potentilla robbinsiana does appear on also instrumental in monitoring the 1900s and is not expected to occur in the New Hampshire State list of Monroe Flats population for human the future; import or export of this endangered and threatened species, disturbance. species also is not anticipated. although State legislation currently In 1973, prior to listing, the Monroe Collection of material for herbaria has offers it no protection. However, since Flats population contained declined significantly due to scientists this species is endemic to Federal lands approximately 1,801 individual plants becoming more aware of the impacts of administered by the White Mountain larger than 14 mm (0.55 in). As of 1999, collecting on rare species. Monitoring of National Forest, which has committed this population included approximately these sites does not indicate a problem to continuing its ongoing program to 4,575 individuals of similar size. This with overcollection. Therefore, taking of provide for the long-term conservation represents a greater than 250% increase Potentilla robbinsiana for these of this species, we have determined that in this population. Counting plants of purposes is not considered to be a there is adequate existing protection in all sizes (seedlings to adults) in 1999, threat. place for this species. the established population size was E. Other Natural or Manmade Factors 14,195 individuals. C. Disease and Predation The second natural population is near This species is not known to be Affecting Its Continued Existence the Appalachian Trail on Franconia threatened by disease or predation. Recovery efforts have been directed Ridge. The locations of this population toward protection and environmental D. The Inadequacy of Existing and the two transplant populations have education. A number of approaches Regulatory Mechanisms been purposefully kept undisclosed and have been used to educate the hiking are presently out of the way of the Potentilla robbinsiana is currently community, the scientific community, average hiking public. Attempts to afforded limited protection by the and the public about Potentilla manage trespass using scree walls, Endangered Species Act. Section 9 of robbinsiana. Providing information to signage, or otherwise, may call more the Act prohibits the removal and the public regarding the species’ biology attention to this population than the possession of endangered plants from and management satisfies their curiosity current low-key strategy. lands under Federal jurisdiction and the and increases their willingness to Records indicate that the extant malicious damage and destruction of participate in protection of this species. natural Franconia Ridge population was endangered plants in such areas, and These efforts include a permanent never very large. Nevertheless, it is the damage or destruction of display and presentations about considered to be a reproducing endangered plants from any other area Potentilla robbinsiana by the seasonal population, with 11 individual plants in knowing violation of any State law or Appalachian Mountain Club naturalist consisting of 3 adults and 8 juveniles as regulation, or in the course of a at Lake of the Clouds Hut. of 2001, and is being monitored violation of State criminal trespass law. The 1980 final listing rule mentioned regularly by the Appalachian Mountain Section 7 of the Act requires Federal that Potentilla robbinsiana is vulnerable Club. agencies to ensure that their actions do to the harsh climate in which it lives. The protection efforts in effect for the not jeopardize the continued existence The weather regime experienced by the Monroe Flats population, the existence of listed species or destroy or adversely species is highly variable from year to of two viable transplant populations, modify designated critical habitat. year. During demographic studies over and the strategy to manage these two Section 7(a)(1) of the Act requires the past 16 years, it has been observed populations and the natural Franconia Federal agencies to carry out programs that late frosts in June have the potential Ridge population, demonstrate that for the conservation of threatened and to damage flowers and greatly reduce there is no longer a threat to the habitat endangered species. The entire range of the seed crop for that year. By virtue of of Potentilla robbinsiana. Potentilla robbinsiana occurs on Forest a deep taproot, the species appears to be Service lands. Forest Service regulations adapted to a moderate level of frost- B. Overutilization for Commercial, prohibit removing, destroying, or heaving, a stress that may limit Recreational, Scientific, or Educational damaging any plant that is classified as competing species. At the same time, it Purposes a threatened, endangered, rare or unique cannot tolerate frost-induced movement The 1980 final listing identified that species (36 CFR 261.9). Currently the of more than 18 mm/yr (.71 in/yr), or the collecting of specimens for herbaria species is classified as a G1 species frost action sufficient to produce stone probably contributed to the loss of (critically imperiled because of extreme stripes or other patterned ground Potentilla robbinsiana and possibly the rarity) by the State of New Hampshire’s (Cogbill, 1987). Overall, however, this cause for the extirpation of one of the Natural Heritage Program, and appears species is now thriving in a very Franconia sites (Steele, 1964). It was on the Forest Service’s Region 9 localized part of the alpine zone of the noted that over 40 herbarium sheets (Northeast) list of ‘‘species of concern.’’ White Mountains, and adapts to the containing nearly 100 plants (6 percent These rankings will not change once the harsh climate conditions, where few of the known mature population at the species is delisted, thus the Forest other species survive. time of listing) were counted in various Service regulations will remain in effect. In summary, we have carefully New England herbaria (Graber, 1980). On December 2, 1994, we and the Forest reviewed all available scientific and Cogbill’s more recent paper (1993) Service’s White Mountain National commercial data and conclude that the documents the collection of over 850 Forest signed a Memorandum of threats that caused the population of plants in herbaria collections Understanding (MOU) for the Potentilla robbinsiana to decline no worldwide, which represents one of the conservation of Potentilla robbinsiana. longer pose a risk to the continued most extensive collections known for a The MOU states that the Forest Service survival of the species. This single species. In the late 1800s some agrees to carry out specific management determination is based on the best

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available data indicating that Potentilla can initiate listing procedures, 5 CFR 1320.3(c) define a collection of robbinsiana has recovered, primarily as including, if appropriate, emergency information as the obtaining of a result of the following: (1) The two listing. information by or for an agency by natural existing populations are means of identical questions proposed Monitoring protected from human disturbance, and to, or identical reporting, record the Monroe Flats population is Our Northeast Region will coordinate keeping, or disclosure requirements considered viable and increasing; (2) the with the Forest Service, the imposed on, 10 or more persons. two transplant populations are Appalachian Mountain Club, and State Furthermore, 5 CFR 1320.3(c)(4) considered viable; and (3) the Forest resource agencies to implement an specifies that ‘‘ten or more persons’’ Service’s commitment to continue effective 5-year monitoring program to refers to the persons to whom a ongoing programs to provide for the track the population status of Potentilla collection of information is addressed long-term conservation of this species robbinsiana. We will annually evaluate by the agency within any 12-month regardless of its standing under the the effectiveness of ongoing period. For purposes of this definition, Endangered Species Act. This recovery conservation programs, including employees of the Federal Government indicates that the species is no longer education, monitoring, and enforcement are not included. endangered or likely to become efforts, in order to detect and assess any This rule does not include any endangered in the foreseeable future new threats to the populations. To collection of information that requires throughout all or a significant portion of detect any changes in the status of approval by OMB under the Paperwork its range. Therefore, the species no Potentilla robbinsiana, we will use, to Reduction Act. Potentilla robbinsiana longer meets the Act’s definitions of the fullest extent possible, information occurs entirely on lands administered endangered or threatened. Under these routinely collected by the Appalachian by the Forest Service and only in one circumstances, removal from the List of Mountain Club’s Research Department State, New Hampshire. The information Endangered and Threatened Plants is and the Forest Service. During the fifth needed to monitor the status of appropriate. year of the 5-year monitoring period, a total population census of the Monroe Potentilla robbinsiana following Effects of This Rule Flats population will be conducted delisting will be collected primarily by This final rule will remove the using a grid to further evaluate the a limited number of personnel from the protections afforded to Potentilla stability and health of this population. Forest Service and the Appalachian robbinsiana under the Act. Furthermore, We believe that the two transplanted Mountain Club. We do not anticipate a the critical habitat for this plant, one sites have reached viable population need to request data or other location in the White Mountain status. However, during the required 5- information from 10 or more persons National Forest, New Hampshire (50 year monitoring period, transplanting at during any 12-month period to satisfy CFR 17.96(a)), will be removed. The the Camel Patch site will continue when monitoring information needs. If it prohibitions and conservation measures excess plants are available from the New becomes necessary to collect provided by the Act will no longer England Wild Flower Society. The information from 10 or more non- apply to this species. Therefore, taking, transplants will be used to fill sparse Federal individuals, groups, or interstate commerce, import, and export areas and expand the population. organizations per year, we will first of Potentilla robbinsiana will no longer If we determine at the end of the obtain information collection approval be prohibited under the Act. In mandatory 5-year monitoring period, from OMB. addition, Federal agencies will no which shall include data from the fifth National Environmental Policy Act longer be required to consult with us year population census of Monroe Flats, under section 7 of the Act to insure that that recovery is complete, and factors We have determined that we do not any action they authorize, fund, or carry that led to the listing of Potentilla need to prepare an Environmental out, is not likely to jeopardize the robbinsiana, or any new factors, remain Assessment, as defined under the continued existence of Potentilla sufficiently reduced or eliminated, authority of the National Environmental robbinsiana or destroy or adversely monitoring may be reduced or Policy Act of 1969, in connection with modify designated critical habitat. terminated. If data show that the species regulations adopted pursuant to section The take and use of Potentilla is declining or if one or more factors 4(a) of the Endangered Species Act as robbinsiana must comply with that have the potential to cause a amended. We published a notice appropriate Forest Service regulations, decline are identified, we will continue outlining our reasons for this since the entire population lies within monitoring beyond the 5-year period determination in the Federal Register the White Mountain National Forest in and may modify the monitoring on October 25, 1983 (48 FR 49244). New Hampshire. program based on an evaluation of the References Cited Future Conservation Measures results of the initial 5-year monitoring program, or reinitiate listing if A complete list of all references cited Section 4(g)(1) of the Act requires that necessary. the Secretary of the Interior, through the herein is available upon request from Service, implement a monitoring Executive Order 12866 our Northeast Regional Office (see ADDRESSES section). program in cooperation with the States This rule was not reviewed by the for not less than 5 years for all species Office of Management and Budget Author that have been recovered and delisted. (OMB) under Executive Order 12866. The purpose of this requirement is to The primary author of this rule is develop a program that detects the Paperwork Reduction Act Diane Lynch, Endangered Species failure of any delisted species to sustain The OMB regulations at 5 CFR part Biologist (see ADDRESSES section). Doug itself without the protective measures 1320, which implement provisions of Weihrauch, staff scientist for the provided by the Act. If at any time the Paperwork Reduction Act, require Appalachian Mountain Club Research during the 5-year monitoring program, Federal agencies to obtain approval Department, provided assistance with data indicate that protective status from OMB before collecting information the summary of the biological record for under the Act should be reinstated, we from the public. The OMB regulations at this species.

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List of Subjects in 50 CFR Part 17 PART 17—[AMENDED] § 17.96 [Amended] Endangered and threatened species, 1. The authority citation for part 17 3. Section 17.96(a) is amended by Exports, Imports, Reporting and continues to read as follows: removing the critical habitat entry for recordkeeping requirements, Authority: 16 U.S.C. 1361–1407; 16 U.S.C. ‘‘Potentilla robbinsiana, Robbins’ Transportation. 1531–1544; 16 U.S.C. 4201–4245; Pub L. 99– cinquefoil,’’ which is under Family 625, 100 Stat. 3500; unless otherwise noted. Rosaceae. Regulations Promulgation § 17.12 [Amended] Dated: June 26, 2002. For the reasons set out in the 2. Section 17.12(h) is amended by Steve Williams, preamble, we hereby amend part 17, removing the entry for ‘‘Potentilla Director, Fish and Wildlife Service. subchapter B of chapter I, title 50 of the robbinsiana, Robbins’ cinquefoil’’ under [FR Doc. 02–21704 Filed 8–26–02; 8:45 am] Code of Federal Regulations, as set forth ‘‘FLOWERING PLANTS’’ from the List BILLING CODE 4310–55–P below: of Endangered and Threatened Plants.

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