Federal Register / V ol 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations 32977

Skyline Broadcasters, Inc., thereby in response to a petition for rule making Federal Communications Commission. allotting Channel 292A to Kalispell, filed on behalf of Mountain Valley Andrew J. Rhodes, Montana, as that community's fourth FM Television, Inc. See 55 FR 52187, Chief Allocations Branch, Policy and Rules broadcast service. See 56 FR 8975, December 20,1990. Coordinates for Division, Mass Media Bureau. March 4,1991. Canadian concurrence Channel 47 at Alamosa are 37-19-04 and has been received for Channel 292A at [FR Doc. 91-17138 Filed 7-17-91; 8:45 am) 105-52-38. See Supplementary BILUNG CODE 6712-01-M coordinates 46-11-42 and 114-16-48. Information, infa. With this section, the With this action, this proceeding is proceeding is terminated. terminated. EFFECTIVE DATE: August 26,1991. 47 CFR Part 73 DATES: E ffective Date: August 26,1991. FOR FURTHER INFORMATION CONTACT: The window period for filing [MM Docket No. 91-102; RM-7288] applications for Channel 292A will open Nancy Joyner, Mass Media Bureau (202) on August 27,1991, and close on 634-6530. Radio Broadcasting Services; Holly September 26,1991. SUPPLEMENTARY INFORMATION: Thi8 is a Springs and Byhalia, MS FOR FURTHER INFORMATION CONTACT: synopsis of the Commission’s Report Kathleen Scheuerle, Mass Media and Order, MM Docket No. 90-611, AGENCY: Federal Communications Bureau, (202) 634-6530. adopted June 26,1991, and released July Commission. SUPPLEMENTARY INFORMATION: This is a 12,1991. The full text of this Commission ACTIO N : Final rule. synopsis of the Commission’s decision is available for inspection and Memorandum Opinion and Order, MM copying during normal business hours in SUM M ARY: This document reallots Docket No. 90-484, adopted June 28, the FCC Dockets Branch (room 230), Channel 235A from Holly Springs to 1991, and released July 12,1991. The full 1919 M Street, NW., Washington, DC. Byhalia, Mississippi, and modifies the text of this Commission decision is The complete text of this decision may construction permit for Station available for inspection and copying also be purchased from the WHLE(FM) to specify Byhalia as the during normal business hours in the FCC community of license for Channel 235A, Dockets Branch (Room 230), 1919 M Commission’s copy contractors, Downtown Copy Center (202) 453-1422, in response to a petition filed by Lois B. Street NW„ Washington, DC. The Crain. See 56 FR 15581, April 17,1991. complete text of this decision may also 1714 21st Street, NW., Washington, DC 20036. The coordinates for Channel 235A at be purchased from the Commission’s Byhalia are 34-46-10 and 89-37-57. With copy contractors, Downtown Copy Alamosa is located within the this action, this proceeding is Center, 1714 21st Street NW., prohibited co-channel minimum terminated. Washington, DC 20036, (202) 452-1422. distance separation of 174.5 miles (280.8 kilometers) from Denver, Colorado, one EFFECTIVE DATE: August 26,1991. List of Subjects in 47 CFR Part 73 of the designated television markets FOR FURTHER INFORMATION CONTACT: Radio broadcasting. affected by the Commission’s current Kathleen Scheuerle, Media Bureau, (202) freeze on television allotments of 634-6530. PART 73—[AMENDED] applicants therefore, pending the SUPPLEMENTARY INFORMATION: This is a 1. The authority citation for part 73 outcome of an inquiry into the use of summary of the Commission’s Report continues to read as follows: advanced television systems in and Order, MM Docket No. 91-102, broadcasting. See Order, Advanced Authority: 47 U.S.C. 154, 303. adopted June 26,1991, and released July Television Systems and Their Impact on 12,1991.. The full text of this Commission § 73.202 [A m ended] the Existing Television Broadcast decision is available for inspection and 2. Section 73.202(b), the Table of FM Service, 52 FR 28346, published July 29, copying during normal business hours in Allotments under Montana, is amended 1987. However, Channel 47 is allotted to the FCC Dockets Branch (room 230), by adding Channel 292A at Kalispell. Alamosa in compliance with the terms 1919 M Street, NW., Washington, DC. Federal Communications Commission. of the freeze Order at a restricted site. The complete text of this decision may Douglas W. Webbink, Interested parties should note that any also be purchased from the application submitted for Channel 47 at Chief, Policy and Rules Division, Mass Media Commission’s copy contractors. Bureau. Alamosa which does not specify a site Downtown Copy Center, 1714 21st [FR Doc. 91-17103 Filed 7-17-91; 8:45 am] beyond the “freeze zone” governing the Street, NW., Washington, DC 20036, BILLING CODE 6712-01-M allotment will not be accepted for filing. (202) 452-1422. List of Subjects in 47 CFR Part 73 List of Subjects in 47 CFR Part 73 47 CFR Part 73 Television broadcasting. Radio broadcasting. [MM Docket No. 90-611; RM-7533] PART 73—[AMENDED] PART 73—[AMENDED] Television Broadcasting Services; 1. The authority citation for part 73 Alamosa, CO 1. The authority citation for part 73 continues to read as follows: AGENCY: Federal Communications continues to read as follows: Authority: 47 U.S.C. 154, 303. Commission. Authority: 47 U.S.C. 154. 303. § 73.202 [Am ended] a c t io n : Final rule. § 73.606 [Am ended] 2. Section 73.202(b), the Table of FM SUMMARY: This document allots UHF Allotments under Mississippi, is television Channel 47 to Alamosa, 2. Section 73.606(b), the Table of amended by removing Channel 235A at Colorado, as that community’s first local Allotments for Colorado, is amended by Holly Springs and adding Channel 235A, commercial television broadcast service, adding Channel 47 at Alamosa. Byhalia. 32978 Federal Register / Vol. 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations

Federal Communications Commission. copying during normal business hours in adding Channel 264A at Andrews, and Andrew ). Rhodes, the FCC Dockets Branch (room 230), removing Channel 262a and adding Chief, Allocations Branch, Policy and Rules 1919 M Street NW., Washington, DC. Channel 262C3 at Elloree. Division, Mass Media Bureau. The complete text of this decision may Federal Communications Commission. [FR Doc. 91-17138 Filed 7-17-01; 8:45 am] also be purchased from the Andrew J. Rhodes, BILUNQ CODE 6712-01-»I Commission’s copy contractor, Chief, Allocations Branch, Policy and Rules Downtown Copy Center, (202) 452-1422, Division; Mass Media Bureau. 1714 21st Street NW., Washington, DC [FR Doc. 91-17137 Filed 7-17-91; 8:45 am] 47 CFR Part 73 20036. Channel 265C2 can be allotted to BILUNQ CODE 6712-01-M [MM Docket No. 90-32; RM-6954; RM-7051; Fairmont North Carolina, with a site RM-7077; RM-7200; RM-7362; RM-7363; restriction of 30.8 kilometers (19.1 miles) RM-7364; RM-7365] southeast to accommodate Pro Media’s DEPARTMENT OF THE INTERIOR desired transmitter site, at coordinates Radio Broadcasting Services; Fish and Wildlife Service Fairmont, NC, Andrews, Charleston, 3 4 _1 5 _ 4 7 and 78-55-50. Channel 264A Elloree, Estill, Little River, and can be allotted to Andrews, South 50 CFR Part 17 Sullivan’s Island, SC Carolina, at Station WGTN-FM’s present transmitter site, at coordinates RIN 1018-AB42 a g e n c y : Federal Communications 33-24-24 and 79-27-07. Channel 263C3 Commisson. can be allotted to Charleston, South Endangered and Threatened Wildlife a c t io n : Final rule. Carolina, with a site restriction of 7.1 and Plants; Determination of the plant, kilometers (4.4 miles) south to Rhynchospora knieskemii s u m m a r y : The Commission, at the accommodate Southern’s desired (Knieskem’s beaked-rush), to be a request of Southern Communications, transmitter site, at coordinates 32-41-59 Threatened Species Inc., substitutes Channel 263C3 for and 79-55-34. Channel 262C3 can be AGENCY: Fish and Wildlife Service, channel 264A at Charleston, South allotted to Elloree, South Carolina, with Carolina, and modifies Station WSUY’s a site restriction of 20.1 kilometers (12.5 Interior. construction permit to specify operation miles) southwest to avoid short-spacings a c t io n : Final rule.______on the higher powered channel. At the to Station WSCQ, Channel 261A, West request of Pro Media, Inc., Channel SUM M ARY: The Service determines the Columbia, South Carolina, and to the plant, Rhynchospora knieskemii 265C2 is substituted for Channel 265A at outstanding construction permit for Fairmont, North Carolina, the license of (Knieskem’s beaked-rush) to be a Channel 252A at Pawley’s Island, South threatened species. The species is Station WSTS-FM is modified to specify Carolina, at coordinates 33-22-00 and operation on the higher powered currently known from 27 sites in New 80-40-00. Because the petition which Jersey; however, many of these are channel, Channel 264A is substituted for resulted in the allotment of Channel Channel 265A at Andrews, South small, unprotected populations. An early 264A to Andrews was filed prior to successional species and poor Carolina, and the license of Station October 2,1989, the licensee of Station WGTN-FM is modified to specify the competitor, R. knieskemii is threatened WGTN-FM may avail itself of the by succession and other natural and alternate Class A channel. At the provisions of § 73.213(c)(1) with respect request of Clarence E. Jones, Channel human-induced factors affecting its to the outstanding construction permit wetland habitat, such as development, 262C3 is substituted for Channel 262A at for Channel 262A at Pawley’s Island Elloree, South Carolina, and the license agriculture, and other activities (BPH-88063OME). Because the petition influencing water quality and hydrologic of Station WMNY-FM is modified to which resulted in the allotment of specify operation on the higher powered regimes. This rule implements the Channel 262C3 to Elloree was filed prior protection provided by the Endangered channel. The proposals of Southern to October 2,1989, the licensee of Communications to substitute channel Species Act of 1973, as amended, for R. Station WMNY-FM may avail himself of knieskemii. 263C2 for channel 264A at Charleston, the provisions of 5 73.213(c)(1) with reallot Channel 263C2 to Sullivan’s respect to Station WSCQ, Channel EFFECTIVE DATE: August 19,1991. Island, and modify the construction 261A, West Columbia, South Carolina. a d d r e s s e s : The complete file for this permit of Station WSUY accordingly, species is available for inspection, by Little River Radio to allot Channel 264A List of Subjects in 47 CFR Part 73 appointment, during normal business to Little River, South Carolina, and Estill Radio broadcasting. hours at the U.S. Fish and Wildlife Broadcasting Company to allot Channel Service, 927 North Main Street (Building 263A to Estill, South Carolina, are PART 73—[AMENDED] D-l), Pleasantville, New Jersey 08232. dismissed. See 55 FR 4885, February 12, 1. The authority citation for part 73 FOR FURTHER INFORMATION CONTACT: 1990, and Supplementary Information, continues to read as follows: Supervisor, U.S. Fish and Wildlife infra. With this action, this proceeding is Service (see ADDRESSES section) (609/ terminated. Authority: 47 U.S.C. 154, 303. 646-9310). EFFECTIVE DATE: August 26,1991. § 73.202 [Am ended] SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: 2. Section 73.202(b), the Table of FM Background Leslie K. Shapiro, Mass Media Bureau, Allotments under North Carolina, is (202) 634-6530. amended by removing Channel 265A The Knieskem’s beaked-rush SUPPLEMENTARY INFORMATION: This is a and adding Channel 265C2 at Fairmont. [Rhynchospora knieskemii), a member synopsis of the commission’s Report and 3. Section 73.202(b), the Table of FM of the sedge family (Cyperaceae), is Order, MM Docket No. 90-32, adopted Allotments under South Carolina, is endemic to New Jersey. Historically, 38 June 24,1991, and released July 10,1991. amended by removing Channel 264A sites were known in New Jersey. Two The full text of this Commission and adding Channel 263C3 at historic Delaware sites, known from decision is available for inspection and Charleston, removing Channel 265A and 1874 and 1875 herbarium records, have Federal Register / Vol. 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations 32979 not been relocated (Keith Clancy, Weapons Station Earle in Monmouth affected wetland habitat in the Community Ecologist/Botanist, County), one is on State land, and the Pinelands. In addition to the direct loss Delaware Division Natural Resources rest are located on private property. of habitat, succession, changes in water and Environmental Control, in litt., Rhynchospora knieskemii is a rare quality and quantity, changes in nutrient 1990). Specific locational information is species due to a combination of factors. levels, and disturbance of soil have lacking for these specimens, and some Succession, biological circumstances, as contributed to the decrease in suitable botanists question whether the well as documented and potential habitat (Robichaud 1980; Roman and specimens were actually collected in human disturbance, threaten many Good 1983). Delaware, suggesting they may actually populations. Although the species Federal government action on this have been collected in New Jersey receives some protection at sites under plant began as a result of section 12 of (James Stasz, Botanist, in litt., 1989; Federal or State stewardship, the Endangered Species Act of 1973 (16 David Snyder, Botanist, New Jersey management is needed to maintain the U.S.C. 1531 e t seq.) which directed the Natural Heritage Program, pers. comm., species as its community experiences Secretary of the Smithsonian Institution 1989). Twenty-seven sites exist today, successional changes. TTie species to prepare a report on plants considered confined to four counties (Atlantic, occurs in groundwater-influenced, to be endangered, threatened or extinct. Burlington, Ocean, Monmouth) in New constantly fluctuating environments and This report (later published as Ayensu Jersey. requires disturbance for successful and DeFilipps 1978), designated as Knieskem’s beaked-rush was first colonization, establishment, and House Document No. 94-51, was discovered by Peter D. Knieskem, M.D. maintenance. However, too much presented to Congress on January 9, in Ocean County, New Jersey in 1843 disturbance may eliminate populations. 1975. Rhynchospora Knieskemii was (Stone 1973) who originally labelled Many of the sites supporting the species designated as “endangered” in that specimens as Rhynchospora grayana; are unstable or ephemeral, such as tire document. On July 1,1975, the Service however, the species description was ruts, paths, roadsides and ditches, and published a notice in the Federal not published until John Carey did so in rights-of-way, where competition from Register (40 FR 27823) of its acceptance 1847 (Carey 1847), naming it after Dr. natural and introduced species of the Smithsonian report as a petition Knieskem. Rhynchospora knieskemii is adversely affects populations. within the context of section 4(c)(2) of an annual plant which grows from 1.5 Populations vary in size from the the Endangered Species Act (now cm to 60 cm high and is slender with smallest sites containing about a dozen section 4(b)(3)) and of its intention to short narrowly linear levels. Clusters of plants or occupying just a few square review the status of plant taxa named small flowers are numerous and feet of habitat to the largest site within. On June 16,1978, the Service contained at distant intervals along the occurring in patches covering at least 2 published a proposed rule in the Federal length of the culm. Fruiting occurs from acres. In a status survey of extant Register (41 FR 24523) to determine July to September. occurrences conducted in 1984 and 1985 approximately 1,700 vascular plant PJ3. Knieskem’s Catalogue of Plants by the New Jersey Natural Heritage species to be endangered pursuant to Growing Without Cultivation in Program, over half of the populations section 4 of the Endangered Species Act. Monmouth and Ocean Counties, New were severely reduced or not found due The list of 1,700 plant taxa was Jersey, published in 1857, described R. to severe drought Several other sites assembled on the basis of comments kn ieskem ii as “rare.” Much of this were inundated by water and thus were and data received in relation to House perceived rarity stemmed from the fact not relocatable. Of the extant Document No. 94-51 and the July 1,1975, that from its discovery in the 1800’s up occurrences, only five have been ranked Federal Register publication. to recent years, it was thought to be by the New Jersey Natural Heritage Rhynchospora Knieskemii was included restricted to bog iron deposits w ithin Program as “A” rank occurrences, in the July 1,1975, notice of review and pitch pine lowland swales and pine meaning that they are considered to the June 16,1976, proposal General barren savannas. These bog-iron beds have long-term viability. These are all comments received in relation to the are iron-coated surface sediment on natural bog iron substrates. All other 1978 proposal were summarized in the deposits formed by the oxidation of occurrences are in man-made habitats Federal Register on April 28,1978 ($4 FR iron-rich sediments at aerated surfaces, and are considered suboptimal in terms 17909). On December 10,1978, the such as streams and wetlands. Since of site quality, quantity, or protection. Service published a notice (44 FR 70796) 1984, additional occurrences on At least six sites are being affected by withdrawing the portion of the June 16, unvegetated, muddy substrates succession. Several are threatened by 1976, proposal that had not been made associated with abandoned clay pits, development and human disturbance, final, along with four other proposals sand pits, railroads, paths, rights-of- including trash dumping, off-road that had expired due to a procedural way, and other disturbed, early vehicle use, and trampling. Field requirement of the 1978 Amendments to successional areas have been observations by the New Jersey Natural the Endangered Species Act On discovered. Since the publication of the Heritage Program suggest that not all December 15,1980 (45 FR 82479) and proposed rule, three previously plants produce culms each year. September 27,1985 (50 FR 99525), the undocumented sites were reported to Wetland habitats in the New Jersey Service published revised notices of the Service, and Service biologists Pinelands have historically been subject review for native plants in the Federal located two additional sites during field to human-induced impacts from Atlantic Register. Rhynchospora knieskemii was surveys. white-cedar and pitch pine logging, bog included in this notice as a category 1 Of the 27 extant sites, six (all on State iron excavation, glass and paper species. Category 1 taxa are those taxa lands) are found on bog iron substrates. industries, and charcoal production. for which the Service presently has Of the remaining sites not on bog iron More recently, residential, commercial, information to support a proposed rule. substrate, two occurrences are on and industrial development; sand and Section 4(b)(3)(B) of the Endangered Federal land (one is located on property gravel mining; expansion of roads, Species Act, as amended in 1982, owned by the Federal Aviation rights-of-way, and other infrastructure; requires the Secretary to make certain Administration in Ocean and Burlington sewage disposal; landfills; and findings on pending petitions within 12 Counties, and one is located at Naval agricultural expansion have adversely months of their receipt. Section 2(b)(1) of 32980 Federal Register / Vol. 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations the 1982 amendments further requires designated as “threatened,” as it is agricultural expansion, and residential that all petitions pending on October 13, threatened with becoming endangered, and commercial development have 1982, be treated as having been newly rather than extinct in the foreseeable contributed to habitat loss and submitted on that date. This was the future. degradation in the Pinelands (Robichaud case for R. knieskemii, because the 1975 The New Jersey Pinelands 1980; Pinelands Commission 1980). Smithsonian report had been accepted Commission, the Philadelphia Botanical These activities have resulted in the as a petition. Each October, 1983 Club, and the Monmouth County extirpation of some species and through 1989, the Service found that the Department of Planning provided classification of others as endangered or petitioned listing of R. knieskemii was additional background information and threatened (Pinelands Commission warranted but precluded by other listing the Division of Parks and Recreation in 1980); Rhynchospora is listed as actions of a higher priority. Delaware indicated concurrence with “endangered” by the Pinelands In 1985, the Service contracted with the proposed listing. Commission. With the expansion of the The Nature Conservancy’s Eastern Summary of Factors Affecting the casino gambling industry in Regional Office to conduct status survey Species southeastern New Jersey and the linking work on R. knieskemii along with of major highways and railways to more several other Federal candidate species. Section 4(a)(1) of the Endangered developed parts of New Jersey and This report (Rawinski and Cassin 1986) Species Act and regulations neighboring states, increased population updated Service informational files on promulgated to implement the listing growth is expected to lead to further this species and reconfirmed the need provisions of the Endangered Species reductions in suitable habitat. for listing of R. knieskemii. The Act (50 CFR part 424) set forth die Natural and human-induced February 21,1990, notice of review (55 procedures for adding species to the succession have played a major role in FR 6184) retained R. knieskemii as a Federal Lists. A species may be the decline of the species from many category 1 species. The Service determined to be an endangered or sites (New Jersey Natural Heritage published the proposed rule for this threatened species due to one or more of Program 1989) and continues to be the species on August 8,1990 (FR 32271). the five factors described in section greatest threat to R. knieskemii. That proposal constituted the Service’s 4(a)(1). These factors and their Pollutants such as agricultural final finding on the petition, required by application to R. knieskemii Carey fertilizers, pesticides, herbicides, and the Endangered Species Act. (Knieskem’s beaked-rush) are as organic and inorganic wastes, entering follows: Summary of Comments and A. The present or threatened streams directly or seeping through the Recommendations destruction, modification, or curtailment soils to the groundwater and then to stream waters, have caused nutrient and In the August 8,1990 proposed rule (55 o f its habitat or range. As an obligate hydrophyte, R. knieskemii is threatened pH changes that, in turn, have lead to FR 32271) and associated notifications, changes in the floral composition of the all interested parties were requested to by loss and degradation of its wetland submit factual reports or information by habitat. The species has declined from a Pinelands (Pinelands Commission 1980). October 9,1990, that might contribute to historic record of approximately 38 sites Nutrient influxes and sedimentation the development of a final rule. to 27 extant, confined to Atlantic, from adjacent development, landfills, Appropriate State agencies, county Burlington, Ocean, and Monmouth sewage disposal areas, and other governments, Federal agencies, Counties in New Jersey. Historically, the sources within the watershed probably scientific organizations, and other species was also known from Camden serve as catalysts in increasing rates of interested parties were contacted and County, New Jersey. Two occurrences succession by creating conditions requested to comment. Newspaper are recorded from Delaware; however, favorable to more competitive species, notices were published in The Press of there is some dispute regarding the such as maple, poison ivy, honeysuckle, Atlantic City on August 28,1990, and the validity of these records (see greenbriar, and Virginia creeper. Asbury Park Press on August 22,1990, Background section). It is highly likely Rhynchospora knieskemii occurs on which invited general public comment. that additional sites once existed, but otherwise unvegetated, muddy The New Jersey Department of because the species habitat was once substrates of gravel, sand, or clay of Environmental Protection and The thought to be restricted to bog iron ephemeral habitats such as tire tracks, Nature Conservancy commented that R. habitats, many habitats suitable by paths, ditches and other disturbed areas, kn ieskem ii should receive today’s standards probably were not such as those found along powerlines, “endangered” status due to the threats searched. Some New Jersey populations pond edges, roadsides, and railroads. to its continued existence (see Summary have been discovered using a soil- Without management, these populations of Factors Affecting the Species). No habitat predictive search (James Stasz, may decline in response to successional additional data to suggest that the in litt, 1989), but, while additional changes in vegetation over time. species is in danger of extinction in the populations may be discovered in the Maintenance of these habitats through immediate future were provided. future, the species will probably always mowing, pesticide applications, and Information received from the be considered rare. conversion to other uses, could Philadelphia Botanical Club provided All but one of the known populations adversely impact the species; however, reports of three additional locations of of Rhynchospora knieskemii occurs in some form of habitat disturbance is the species, and the U.S. Fish and the New Jersey Pinelands, an area necessary to maintain the open habitat Wildlife Service has located two others, whose history is one of repeated conditions required by this species. Bog thus increasing the total number of disturbance. Regular fires (now iron habitats are naturally subject to known sites to 27. It is likely that sites controlled) maintain the predominately erosion and other dynamic processes can be maintained through management oak/pitch pine dominated forest stands. that tend to maintain early successional and protection efforts of involved Logging of pitch pine and Atlantic white- stages, although at least one of the parties. Based upon available cedar, expansion of roads and occurrences on bog i-on is susceptible to information on rarity and threats, the infrastructure, bog iron works, glass succession. Service retains the position that R. making, paper industries, charcoal Rhynchospora knieskemii is kn iesk em ii is most appropriately production, sand and gravel mining, influenced by fluctuating ground water Federal Register / Vol. 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations 32981

levels. Water withdrawal from aquifers collections could seriously threaten repair of existing or installation of underlying the Pinelands affects the populations, especially sites consisting utilities to serve existing or approved characteristic ecosystem by lowering of only a few plants or occupying a very development; and, clearing of less than the water table. Modification of small area. 1,500 square feet (not wetlands or within groundwater supply as a result of C. Disease or predation. Disease is 200 feet of a scenic corridor). Cranberry adjacent withdrawal of irrigation water, not known to be a threat to existing and blueberry production are and draining and ditching of lands for populations. The role of herbivory has considered by the Pinelands agriculture and residential and not been determined. Commission to be part of the overall commercial development have D. The inadequacy of existing culture and character of the Pinelands adversely affected some populations. regulatory mechanisms. Existing and thus are encouraged forms of Conversion of wetlands for commercial regulations provide limited protection agriculture. Withdrawal of water for cranberry production may threaten from deleterious disturbance, habitat production of these berries as well as populations (Rawinski and Cassin 1986}. loss and degradation, and biological the conversion or reuse of sites for In some cases, manmade or human- limitations, which are major threats to production may threaten some R. altered wetlands left undisturbed for a the species. New Jersey has listed R. kn ieskem ii sites (Rawinski and Cassin period of years have developed kn ieskem ii on the Endangered Plant 1986). vegetative characteristics that Species List authorized by the The regulations governing the Coastal temporarily mimic those found in Endangered Plant Species List Act of Area Facility Review Act (N.J.S.A. naturally fluctuating ponds and shores, 1969 (N.J.A.C. 7:5C). This list provides 13:19-1 e t seq.) state that habitat for and have been found to support R. recognition to listed plants, but does not endangered and threatened species on kn ieskem ii (Rawinski and Cassin 1986). provide regulatory protection to the official Federal or State lists or under Rights-of-way, abandoned cranberry species in the form of prohibitions on active consideration for inclusion on bogs, former bog iron, sand and gravel collection or habitat loss or degradation. either list will be considered “special mining pits have produced savannahs, The New Jersey Freshwater Wetlands areas." Development in these special ponds and other wetland habitats in Protection Act (N.J.S.A. 13:9B-1 e t seq.) areas is prohibited unless it can be which rare plant species, such as R. prohibits regulated activities from shown that endangered or threatened kn ieskem ii may be found. However, jeopardizing threatened or endangered wildlife or vegetative species habitat these man-made wetlands tend to be species or adversely modifying the would not be adversely affected. Only ephemeral in nature and thus probably historic or documented habitat of the one population of R. knieskemii occurs do not represent habitats conducive to species, but this protection only extends within the jurisdiction of this coastal the long-term survival of the species. to plants if they are Federally listed legislation. Restricted today to the most densely under the Endangered Species Act. E. Other natural or manmade factors populated State in the Nation, R. Further, the New Jersey Freshwater affecting its continued existence. kn ieskem ii is vulnerable as New Wetlands Protection Act does not Changes in the water table have been Jersey’s growth and development pertain to areas under jurisdiction of the associated with population fluctuations continues to encroach upon its Pinelands Commission, where R. of R. knieskemii. During extremely wet remaining suitable habitat Although kn ieskem ii occurs. periods, plants do not appear until water previously direct habitat loss was of Pursuant to the policy to preserve, levels have dropped sufficiently to greatest concern, today with the protect, and enhance the diversity of expose the shoreline. Similarly, during enactment of wetland protection laws, it plant communities through regulation of periods of drought, plants do not appear. is the indirect and cumulative effects of development, thè Pinelands Protection The New Jersey Natural Heritage adjacent projects and other Act (N.J.S.A. 13:18-1 et seq.) states that Program (1989) has suggested that disturbances within the watershed that no development within the Pinelands several sites have probably been most seriously threaten R. knieskemii. shall be carried out unless it is designed severely reduced by drought. Further, Many wetlands have been rendered to avoid irreversible adverse impacts to not all plants in a population produce unsuitable due to natural succession, the survival of populations of threatened culms each year (see Background). changes in water quality and hydrologic or endangered plants listed therein. Several sites have been adversely regimes from sediment and nutrient Rhynchospora knieskemii is listed as affected by intense off-road vehicle use influxes, and colonization by “endangered.” (New Jersey Natural Heritage Program opportunistic plant species. Some Through the New Jersey Pinelands 1989), which has compacted soils in activities that may adversely affect the Protection Act, as implemented through some areas to the extent that the species species include draining or filling of the Pinelands Comprehensive cannot thrive. Because of its occurrence wetlands; road, bridge, and railroad Management Plan, threats to this rare in disturbed areas, R. knieskemii is construction and maintenance; species from direct habitat loss have subject to trash dumping and trampling, pipelines, transmission lines, and other been greatly reduced. The Pinelands which could become significant linear developments and associated Protection Act clearly provides a certain considering the low numbers of plants rights-of-way. level of protection from indirect and and small size of some populations, and B. Ovemtilization for commercial, cumulative impacts of adjacent projects the restricted distribution of the species. recreational, scientific or educational and other deleterious disturbances Preliminary information suggests that purposes. Because of its lack of within the watershed that alter water the species requires some form of aesthetic character, most collections of quality, hydrologic regimes, vegetative habitat manipulation to maintain the R. knieskemii have been for scientific composition, and nutrient and sediment early successional habitats required for purposes. Plants have been taken for the influxes. However, this Act excludes the its establishment and maintenance. purpose of documenting the species following from the definition of Natural forms of disturbance such as range and distribution, and some sites development: Improvements, expansion, fires and erosion have been suppressed have been subject to frequent collection or reconstruction of single family or controlled at many sites. in the past. While collection has been dwellings or structures used for The Service has carefully assessed th relatively low in recent years, any future agricultural or horticultural purposes; best scientific and commercial 32982 Federal Register / VoL 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations

information available regarding the past, individuals. The Endangered Species section 7 consultation for this species. present, and future threats faced by R. Act provides for possible land However, the Service is not presently knieskernii in determining to make this acquisition and cooperation with the aware of any specific proposed projects rule final. Based on this evaluation, the states and requires that recovery actions under jurisdiction of the Corps of preferred action is to list R. knieskernii be carried out for all listed species. Such Engineers that might afreet known as a threatened species. Federal listing activities are initiated by the Service populations of R. knieskernii. will provide opportunities for protection following listing. The Federal Aviation Administration of populations from natural and man- Conservation and management of R. administers property on which (me induced habitat loss and degradation, knieskernii will likely involve an population ôf R. knieskernii is located. resulting from direct, indirect, and integrated approach of site protection The U.S. Air Force had proposed to cumulative actions in the watershed. and habitat manipulation to maintain build a Northeast Regional Although documented from 27 sites, the early plant succession. Protection efforts Communications Facility on the species is in need of protection because will likely focus on reducing known property, but is no longer considering of threats of succession and competition threats, land acquisition, landowner use of the site. The Federal Aviation from other species, habitat loss and agreements, and management of Administration proposes construction of degradation, human disturbance, and habitats to maintain conditions a ground-to-air communication facility other factors such as fluctuating conducive to the species establishment at this site and has initiated populations, small population size, and and maintenance. It is also anticipated coordination with the Service regarding restricted range. For die reasons that listing will encourage research on this proposal. A second population discussed below, a critical habitat critical aspects of the species population occurs at Naval Weapons Station Earle. designation is not included in this rule. biology. Information regarding These agencies have been informed of Critical Habitat disturbance requirements for the speMes presence and section 7 establishment and maintenancè of consultation requirements for activities Section 4(a)(3) of the Endangered populations, population fluctuations, that may affect the species. The Species Act, as amended, requires that, seed production and seed banking, is Endangered Species Act directs Federal to the maximum extent prudent and needed. These factors will be important agencies to utilize their authorities in determinable, the Secretary designate in long-term management considerations furtherance of the Endangered Species critical habitat at the time the species is for individual populations. Act by carrying out programs for the determined to be endangered or The protection required of Federal conservation and recovery of listéd threatened. The Service Ends that the species. Because maintenance and designation of critical habitat is not agencies and the prohibitions against certain activities involving listed plants survival of populations will likely presently prudent for this species. The involve maintaining early successional Service finds designation of critical are discussed, in part, below. habitat to be imprudent because of the Section 7(a) of the Endangered habitats and eliminating potential potential for collection and vandalism Species Act, as amended, requires threats to existing sites, the areas under that could result from the publication of Federal agencies to evaluate their Federal jurisdiction would benefit from a detailed critical habitat description actions with respect to any species that habitat management by the respective and map. The majority of populations is proposed or listed as endangered or agency. are located on private property, for threatened and with respect to its The Endangered Species Act and its which there is no protection against critical habitat, if any is being implementing regulations found at 50 taking. Many sites are very small in size, designated. Regulations implementing CFR 17.71 and 17.72 set forth a series of occupying only a few square feet, thus this interagency cooperation provision general trade prohibitions and loss of plants from vandalism or of the Endangered Species Act are exemptions that apply to all threatened increased collection could potentially codified at 50 CFR part 402. Section plants. All trade prohibitions of section eliminate these populations. Prohibitions 7(a)(2) requires Federal agencies to 9(a)(2) of the Endangered Species Act, on taking from areas under Federal ensure that activities they authorize, implemented by 50 CFR 17.71, apply. jurisdiction will be available at only two fund, or carry out are not likely to These prohibitions, in part, make it sites. The designation of critical habitat jeopardize the continued existence of illegal for any person subject to the would not provide additional benefits to listed species or result in destruction or jurisdiction of the United States to populations that do not already accrue adverse modification of critical habitat. import or export, transport in interstate from the listing through section 7 If a proposed Federal agency action may or foreign commerce in the course of a requirements and the recovery process. affect a listed species or its critical commercial activity, sell or offer for sale The Federal Aviation Administration habitat, the responsible Federal agency this species in interstate or foreign and the U.S. Navy have been informed must enter into formal consultation with commerce, or to remove and reduce to regarding the presence of R. knieskernii the Service. possession this species from areas under on their properties and of the section 7 Federal actions that could affect R. Federal jurisdiction. Seeds from standards. knieskernii include the funding, cultivated plant specimens of threatened authorization, and implementation of plant species are exempt from these Available Conservation Measures projects such as roads, railroads, prohibitions provided that a statement Conservation measures provided to bridges, sewerage and stormwater of “cultivated origin” appears on their species listed as endangered or management pipes, pipelines, containers. For plants, the 1988 threatened under the Endangered transmission lines and other rights-of- amendments (Pub. L. 100-478) of the Species Act include recognition, way, draining and filling of wetlands, Endangered Species Act also prohibit recovery actions, requirements for and other development activities. The the malicious damage or destruction on Federal protection and prohibitions Service anticipates that applications for Federal lands and the removal, cutting, against certain practices. Recognition permits issued by the U.S. Army Corps digging up, or damaging or destroying of through listing encourages and results in of Engineers under section 404 of the listed species in knowing violation of conservation actions by Federal, State Clean Water Act (33 U.S.C. 1344 et seq.) any State law or regulation, including and private agencies, groups and will be the most likely triggers for State criminal trespass law. Certain Federal Register / Vol. 56, No. 138 / Thursday, July 18, 1991 / Rules and Regulations 32983 exemptions apply to agents of the United States. Smithsonian Institution K. Wilson. U.S. Fish and Wildlife Service and State conservation and World Wildlife Fund. 403 pp. Service, present address: 24000 Avila agencies. The Endangered Species Act Carey, J. 1847. A New Species of Road, Laguna Niguel, California 92656 and 50 CFR 17.72 also provide for the Rhynchospora. The American Journal of (714/643-4270 or FTS 796-4270). issuance of permits to carry out Science and Arts. IV:25. Knieskem, P.D. 1857. Catalogue of Plants otherwise prohibited activities involving List of Subjects in 50 CFR Part 17 threatened species under certain Growing without Cultivation in Monmouth and Ocean Counties, New Endangered and threatened species, circumstances. It is anticipated that few Jersey. True American Office, Trenton, trade permits would ever be sought or New Jersey, 41 pp. Exports, Imports, Reporting and issued because the species is not New Jersey Natural Heritage Program. 1989. recordkeeping requirements, and common in cultivation or trade. Element Occurrence Records for Transportation. Requests for copies of the regulations on Rhynchospora knieskernii. plants and inquiries regarding them may Pinelands Commission. 1980. Comprehensive Regulation Promulgation be addressed to the Office of Management Plan for the Pinelands Management Authority, Rm 432, 4401 N National Reserve and Pinelands Area. PART 17—[AMENDED] Fairfax Dr., Arlington, Virginia 22203- Pinelands Commission, New Lisbon, 3507 (703/358-2104). New Jersey. 439 pp. Accordingly, part 17, subchapter B of Fawinski, T., and J. Cassin. 1988. Status of Rhynchospora knieskernii. Unpublished chapter I, title 50 of the Code of Federal National Environmental Policy Act Report for the Fish and Wildlife Service, Regulations, is amended as set forth below: The Fish and Wildlife Service has Newton Comer, Massachusetts. 4 pp. determined that an Environmental Robichaud, B. 1980. A Conceptual Framework 1. The authority citation for part 17 for Pinelands Decision Making. Center continues to read as follows: Assessment, as defined under the for Coastal and Environmental Studies, authority of the National Environmental Rutgers University, New Brunswick, New Authority: 16 U.S.C. 1361-1407; 18 U.S.C. Policy Act of 1969, need not be prepared Jersey. 78 pp. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- in connection with regulations adopted Roman, C., and R. Good. 1983. Pinelands 625,100 Stat 3500; unless otherwise noted. pursuant to section 4(a) of the Wetlands: Values, Function, and Man’s Endangered Species Act of 1973, as Impacts. Center for Coastal and 2. Amend 17.12(h) by adding the amended. A notice outlining the Environmental Studies. Rutgers following, in alphabetical order under Service’s reasons for this determination University, New Brunswick, New Jersey. the family Cyperaceae, to the list of was published in the Federal Register on 106 pp. Endangered and Threatened Plants: October 25,1983 (48 FR 49244). Stone, W. 1973. The Plants of Southern New Jersey. Quarterman Publications, Inc., §17.12 Endangered and threatened Boston, Massachusetts. 828 pp. References Cited p la n ts . Author * * # #' # Ayensu, R„ and R. DeFilipps. 1978. Endangered and Threatened Plants of the The primary author of this rule is Lynn (h) * * *

Species — Historic range Status When listed Critical Special Scientific name Common name habitat rules

Cyperaceae—Sedge family: • • « • • • Rhynchospora knieskernii...... Knieskem’s beaked-rush...... U.S.A. (NJ.DE)...... T 429 NA NA * • • • • •

Dated: May 22,1991. s u m m a r y : The Director of the NMFS, SUPPLEMENTARY INFORMATION: The Richard N. Smith, Alaska Region (Regional Director), Fishery Management Plan for Acting Director, Fish and Wildlife Service. announces that the submission of Daily Groundfish of the Gulf of Alaska (FMP) [FR Doc. 91-17133 Filed 7-17-91; 8:45 amj Production Reports from processors governs the groundfish fishery in the SILLING CODE 4310-55-M fishing for or receiving sablefish Exclusive Economic Zone within the harvested with hook-and-line gear in the Gulf of Alaska (GOA) management area Central and Eastern Regulatory areas under the Magnuson Fishery DEPARTMENT OF COMMERCE and associated reporting areas of the Conservation and Management Act. The Gulf of Alaska is no longer required FMP was prepared by the North Pacific National Oceanic and Atmospheric because sablefish fisheries for vessels Fishery Management Council and is Administration using hook-and-line gear in the Central implemented by regulations appearing 50 CFR Part 672 and Eastern Regulatory Areas is closed at 50 CFR 611.92 for the foreign fishery to directed fishing. and at 50 CFR parts 620 and 672 for the [Docket No. 901184-1042] d a t e s : Effective 12 noon Alaska local U.S. fisheries. Daily Production Reports of sablefish Groundfish of the Gulf of Alaska time (A.l.t.), July 15,1991* until the end of the fishing year or until further notice. received from the hook-and-line sablefish fishery in the Central and a g e n c y : National Marine Fisheries FOR FURTHER INFORMATION CONTACT: Service (NMFS), NOAA, Commerce. Andrew N. Smoker, Resource Eastern Regulatory Areas were required by the Regional Director under the a c t io n : Notice of change in reporting Management Specialist, NMFS, 907-586- requirements. 7228. authority of § 672.5(c)(3), as of 12 noon,