43132 Federal Register / Vol. 64, No. 152 / Monday, August 9, 1999 / Proposed Rules integrity of the remedy constructed at Because hazardous substances will FOR FURTHER INFORMATION CONTACT: Pam the Site. remain at the site, EPA will conduct Blumenthal, Mass Media Bureau, (202) With the OU 1 Consent Decree, The periodic inspections of the site to ensure 418–1600. Aspen/Pitkin Environmental Health that the remedy remains protective of SUPPLEMENTARY INFORMATION: This is a Department has assured EPA and the human health and the environment. synopsis of the Commission’s Notice of State that all necessary ICs are in full EPA is required to conduct such reviews Proposed Rule Making, MM Docket No. force and effect within the Site under section 121(c) of CERCLA and the 99–265, adopted July 30, 1999, and boundary. The Consent Decree also NCP. released August 3, 1999. The full text of includes reopeners in the event that the EPA, with the concurrence of the this Commission decision is available County were to repeal or disregard these State of Colorado, has determined that for inspection and copying during ordinances. A Five-year Review all appropriate response actions normal business hours in the FCC conducted by EPA and completed on required by CERCLA at the Smuggler Reference Center 445 12th Street, SW, November 7, 1997, confirmed that these Mountain Site have been completed, Washington, DC. The complete text of controls are in force and that the and that no further cleanup by this decision may also be purchased program is working. responsible parties is appropriate. from the Commission’s copy contractor, A recent amendment to the OU 2 AOC Dated: July 27, 1999. International Transcription Services, has provided EPA and the State with Jack W. McGraw, Inc., (202) 857–3800, 1231 20th Street, indefinite O&M assurances. As stated in Acting Regional Administrator, Region 8. NW, Washington, DC 20036. the AOC Amendment, the O&M Plan, as [FR Doc. 99–20199 Filed 8–6–99; 8:45 am] Provisions of the Regulatory defined by the EE/CA, Action Flexibility Act of 1980 do not apply to BILLING CODE 6560±50±P Memorandum and original workplan, this proceeding. will provide for maintenance of runoff Members of the public should note control, dust control, restricted site that from the time a Notice of Proposed FEDERAL COMMUNICATIONS access and site reclamation measures. Rule Making is issued until the matter COMMISSION This O&M Plan will become effective is no longer subject to Commission upon the termination of the permit with 47 CFR Part 73 consideration or court review, all ex the Colorado Mined Land Reclamation parte contacts are prohibited in Board and will be implemented by the [DA 99±1525, MM Docket No. 99±265, RM± Commission proceedings, such as this PRP, Wright and Preusch Mining, LTD. 9660] one, which involve channel allotments. See 47 CFR 1.1204(b) for rules F. Community Relations Digital Television Broadcast Service; Monroe, LA governing permissible ex parte contacts. Community outreach at the Smuggler For information regarding proper Mountain Superfund Site included: AGENCY: Federal Communications filing procedures for comments, see 47 timely information about the Superfund Commission. CFR 1.415 and 1.420. process, ongoing communications, and ACTION: Proposed rule. List of Subjects in 47 CFR Part 73 opportunities for community participation in the decision-making SUMMARY: The Commission requests Digital Television Broadcasting. comments on a petition filed by Noe process for the Site remedy. Specific Federal Communications Commission. activities included monitoring Corporation, licensee of station KNOE– TV, NTSC Channel 9, Monroe, Barbara A. Kreisman, community concerns, preparation and Chief, Video Services Division, Mass Media mailing of fact sheets, coordination of Louisiana, seeking the substitution of DTV Channel 7 for its assigned DTV Bureau. community meetings and providing [FR Doc. 99–20389 Filed 8–6–99; 8:45 am] communication between EPA, the Channel 55. DTV Channel 7 can be BILLING CODE 6712±01±P community and Pitkin County (and the allotted to Monroe in compliance with other PRPs). EPA’s outreach efforts to the principle community coverage meet community needs and interests requirements of Section 73.625(a) at resulted in integral participation by the reference coordinates 32–11–45 N. and DEPARTMENT OF THE INTERIOR 92–04–10 W. As requested, we also Aspen community and periodic Fish and Wildlife Service revision(s) to the Site remedy. propose to modify KNOE–TV’s authorization to specify operation on 50 CFR Part 17 V. Summary DTV Channel 7 at Monroe, Louisiana, The responsible parties have with a power of 5.0 (kW) and a height RIN 1018±AE89 implemented all appropriate response above average terrain (HAAT) of 519 meters. Endangered and Threatened Wildlife actions required to sufficiently protect and ; Withdrawal of Proposed DATES: Comments must be filed on or human health and the environment. Rule To List the Reports on lead speciation, before September 24, 1999, and reply comments on or before October 12, orthoneurus (Chiricahua Dock) as bioavailability, and blood lead Threatened monitoring studies have concluded that 1999. children living on the Site are not at ADDRESSES: Federal Communications AGENCY: Fish and Wildlife Service, unacceptable risk due to exposure to Commission, 445 12th Street, SW, Room Interior. lead in the soil. Also, this Site meets all TW–A325, Washington, DC 20554. In ACTION: Proposed rule; withdrawal. the site completion requirements as addition to filing comments with the specified in Close Out Procedures for FCC, interested parties should serve the SUMMARY: We, the U.S. Fish and National Priorities List Sites (OSWER petitioner, or its counsel or consultant, Wildlife Service (Service), withdraw the Directive 9320.2–09). Further, O&M of as follows: Robert B. Jacobi, Esq., Cohn proposed rule to list the plant Rumex the Site is assured via the OU 1 Consent and Marks, 1920 N Street, NW, Suite orthoneurus (Chiricahua dock or Decree and the OU 2 AOC and AOC 300, Washington, DC, 20036 (Counsel Blumer’s dock) as a threatened species Amendment. for Noe Corporation). under the Endangered Species Act of

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1973, as amended (Act). We find that comm. 1999). R. orthoneurus is found at in classification of the White and Gila the available information does not elevations primarily between 2,000 and mountains populations as R. support the listing of this species as 3,500 m (approximately 6.500–11,500 orthoneurus and not R. occidentalis, threatened. Although threats to some ft). While many sites are in open which they resemble morphologically. populations of this plant may persist, meadows or along streams with open Morphological characteristics of these threats are not sufficiently canopies, R. orthoneurus frequently specimens from the Carson and Lincoln widespread to pose a significant risk to occurs in shaded forests. Surrounding National Forests now indicate that they R. orthoneurus within the foreseeable habitats are generally mixed conifer are R. orthoneurus and not R. future. Recent genetic research and forest. The dominant species associated occidentalis, (Robert Bellsey, University survey efforts indicate that R. with R. orthoneurus include sneeze of Arizona, pers. comm. 1999). orthoneurus has a much larger weed (Helenium hoopesii), larkspur However, genetic analysis has yet to be distribution than previously thought. (Delphinium andesicola), monkeyflower performed on these plants. (Mimulus spp.) and various sedges We, therefore, find that R. orthoneurus Summary of Comments and ( spp.) (Phillips et al. 1980). does not meet the definition of a Recommendations threatened or endangered species. is distributed in In the proposed rule we requested all ADDRESSES: The complete file for this areas scattered throughout Arizona and interested parties to submit factual rule is available for public inspection, New Mexico, and is known to occur at reports or information that might by appointment, during normal business two locations in the State of Sonora, contribute to development of a final hours at the Arizona Ecological Services Mexico. In Arizona, the plant is present rule. We also contacted all appropriate Field Office, U.S. Fish and Wildlife on the Coronado, Apache-Sitgreaves, Federal agencies, State agencies, county Service, 2321 W. Royal Palm Rd., Suite Coconino, and Tonto National Forests. and city governments, scientific 103, Phoenix, Arizona 85021. On the Coronado National Forest, R. orthoneurus occurs in the Chiricahua organizations, and other interested FOR FURTHER INFORMATION CONTACT: and Huachuca mountains in Cochise parties and requested comments. Dave Harlow, Field Supervisor, Arizona County, and the Pinalen˜ o Mountains in In accordance with our peer review Ecological Services Field Office (see Graham County. On the Apache- policy published in the Federal Register ADDRESSES section) (telephone 602– Sitgreaves National Forests, R. on July 1, 1994 (59 FR 34270), we 640–2720, ext. 244; facsimile 602–640– orthoneurus is located in the White solicited expert opinions of three 2730). Mountains in Apache County and along appropriate and independent specialists SUPPLEMENTARY INFORMATION: the north side of the Mogollon Rim in regarding the proposed rule. We invited these peer reviewers to comment during Background Coconino County. On the Coconino National Forest, R. orthoneurus was the public comment period upon the On April 1, 1998, we published in the recently found in the San Francisco specific assumptions and conclusions Federal Register a proposed rule to list Peaks and Barbershop Canyon in regarding the proposed listing. In Chiricahua dock Rumex orthoneurus as Coconino County. On the Tonto response to our solicitation one threatened (63 FR 15813). An National Forest, R. orthoneurus occurs reviewer provided comments that we herbaceous, robust perennial within the in the Sierra Ancha Mountains in Gila considered in the preparation of this family, R. orthoneurus is County, and was introduced in the notice. known from the mountains of Arizona, south drainage of the Mogollon Rim We published newspaper notices New Mexico, and Mexico. Plants grow (also in Gila County). inviting public comment in the Silver to 1 meter (m) (3.3 feet (ft)) in height In New Mexico, Rumex orthoneurus City Daily Press (Silver City, NM) on with stalks up to 2 m (6.6 is distributed on the Santa Fe, Lincoln, April 7, 1998; the Arizona Republic ft) in height on more vigorous Gila, and Carson National Forests. On (Phoenix, AZ), Tucson Citizen (Tucson, specimens. The large oblong to oblong- the Santa Fe National Forest, R. AZ), and Arizona Daily Star (Tucson, lanceolate basal leaves are up to 50 orthoneurus was recorded in Mora AZ) on April 9, 1998; and the White centimeters (cm) (19.7 inches (in)) long, County, including the Pecos Wilderness. Mountain Independent (Pinetop, AZ), and 18 cm (7.1 in) wide. Characteristics R. orthoneurus was found in Catron and Sierra Vista Herald (Sierra Vista, AZ), differentiating this plant from other Grant counties on the Gila National Albuquerque Journal (Albuquerque, members in its genus include woody Forest, including the Gila Wilderness NM), Albuquerque Tribune (a rootlike horizontal stem, as Area. Plants are documented in (Albuquerque, NM), and Santa Fe New opposed to taproots) on mature plants numerous locations on the Carson Mexican (Sante Fe, NM), on April 10, which appear banded, the color of National Forest, and specimens were 1998. The comment period closed on which can vary (Robert Bellsey, recently collected from the Lincoln July 30, 1998. University of Arizona, pers. comm. National Forest. To provide for a requested public 1999); lateral leaf veins almost Recent genetic work has clarified the hearing, encourage participation from perpendicular to the middle vein of the distinction between Rumex orthoneurus the public in the species listing process, leaf (but that are often at less than right and the closely related species, R. and to await the submission of current angles); and a lack of callosities or occidentalis. Bellsey (1998, in prep.) species status information, we reopened swellings on the valves or midribs of compared DNA among R. orthoneurus, and extended the comment period from fruiting capsules (Dawson 1979, Phillips R. occidentalis, and R. obtusifolius (a July 30, 1998 until October 1, 1998 (63 et al. 1980, Coronado National Forest species known to be distantly related to FR 40389; July 29, 1998). We also held 1993). R. orthoneurus) using the Random informational meetings with interested Rumex orthoneurus occurs in moist, Amplified Polymorphic DNA (RAPD) parties about the proposed rule in Silver loamy soils within riparian and wetland technique. Bellsey discovered that the City, NM on August 18, 1998. habitats, and in cienegas (desert presumed R. orthoneurus from Arizona We received 37 comments (e.g., wetlands), springs, and streams. It is were significantly different from R. letters, phone calls, facsimiles, and oral also known to occur in the drier occidentalis, and that all three species testimony) from individuals or agency headwaters of some areas (Robert shared less than 15% of the RAPD or group representatives concerning the Bellsey, University of Arizona, pers. markers. The genetic analyses resulted proposed rule to list Rumex

VerDate 18-JUN-99 09:43 Aug 06, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\A09AU2.042 pfrm07 PsN: 09AUP1 43134 Federal Register / Vol. 64, No. 152 / Monday, August 9, 1999 / Proposed Rules orthoneurus. Seven people provided within these sites ranges from just a few to grow up to 1 m (3.3 ft) tall. This comments supporting the proposed individuals to tens of thousands. prevents the plant from producing listing of the species, 13 people opposed Site-specific information is available flowering stalks, which are necessary for the proposed listing, and 17 people for four National Forests in Arizona and sexual reproduction and the mixing of provided informational comments. three National Forests in New Mexico genetic material from unique Several commenters provided (excluding the Lincoln National Forest). individuals. The reduction of plant size additional information that we The plant is also known to occur in also hampers the plant’s ability to incorporated into this withdrawal, along Mexico. Impacts to the plant in generate vital nutrients from with other clarifications. We organized southeast Arizona (the previously photosynthesis, as the surface area of all opposing and technical comments known sites) continue, and these the plant is diminished by into five specific issues, and these along populations are important to the genetic approximately two orders of magnitude. with our response are summarized variation of the species. However, If the plant is forced to remain in this below. conservation strategies for most retarded growth form continuously, it southeast Arizona populations are may be destroyed. However, these Issue 1—Known Distribution of Rumex already established and in place (See threats, although they are in certain orthoneurus Factors A and D of the ‘‘Summary of locations significant, are not manifested Comment: Several commenters stated Factors Affecting the Species’’ section) to a significant degree throughout the that listing is not warranted because the and threats within the balance of its range of R. orthoneurus. Consequently, plant has a much wider distribution range are not severe enough to threaten we find that listing is not warranted at than previously thought. the continued existence of the species. this time (see Factor A of the ‘‘Summary Service Response: Our knowledge of Changes in our assessment of the level of Factors Affecting the Species’’ Rumex orthoneurus distribution has of threats to the plant are the result of section). new information indicating a larger increased considerably since the Issue 3—Fire as a Threat proposed rule. At the time of the known distribution of the plant, higher proposed rule, although R. orthoneurus densities of populations, and Comments: Numerous commenters was thought to occur in New Mexico diminished levels of overall threats stated that fire is not a threat to the and east-central Arizona, data from only stemming from the discovery of new plant, because fire can thin vegetation 10 sites in southeastern Arizona were populations. and allow Rumex orthoneurus to available to evaluate the status of the colonize and grow in riparian areas Issue 2—Adaptability and Resiliency of where other woody plant species are plant. We have since become aware of Rumex orthoneurus approximately 134 additional R. encroaching. Comment: Several commenters stated Service Response: Wildfires are orthoneurus locations (non-introduced), that physiological adaptations such as detrimental to R. orthoneurus, many of which contain high numbers of asexual reproduction and dormancy especially when they result in increased plants with low levels of threats. See during drought allow the plant to stream sedimentation and the scouring Factor A of ‘‘Summary of Factors survive disturbance and stochastic of drainages. The resultant soil loss can Affecting the Species’’ section for (randomly occurring natural) events. translate into long term, if not additional information. Other commenters suggested that permanent, loss of habitat for R. Comment: Several commenters stated perceived declines in plant abundance orthoneurus. In the Tonto National that Rumex orthoneurus inhabits areas may not be real because plants that are Forest, wildfire has caused the inaccessible to cattle, and thus is not not visible one year may sometimes extirpation of two introduced exposed to threats from grazing. reappear in subsequent years. populations, and the potential for Service Response: Although it is true Service Response: We recognize that wildfire on National Forest lands that Rumex orthoneurus is located in Rumex orthoneurus may be tolerant of remains a threat to R. orthoneurus. some areas that are inaccessible to certain disturbance events because of its Despite this, wildfire is largely an cattle, the plant is also located in many physiological adaptations. We are also isolated event, and for the vast majority areas where cattle roam freely. In those aware that the plant has regenerated in of known R. orthoneurus populations, areas, cattle grazing is documented to areas where it appeared to have been there is no indication of it being a have substantial detrimental effects on destroyed. However, threats such as significant threat. smaller populations of the plant. grazing, wildfire, water diversion, and Despite this, the range of R. orthoneurus recreation are known to cause Issue 4—Genetic Diversity of is much larger than previously thought, irreparable damage to R. orthoneurus Populations and many populations have low levels and the riparian areas it inhabits. These Comment: One commenter indicated of threats. threats can cause stream-bank erosion, that because Rumex orthoneurus Comment: One commenter suggested head-cutting (streambed erosion that populations from each mountain range that listing is warranted because the migrates upstream resulting in channel are unique genetically, that maintaining previous known range at the time of the destabilization and accelerated these populations and their genetic proposed rule constitutes a significant streambank erosion), and soil diversity is important to the overall portion of the species’ range. compaction, all from which the plant health of the species. Service Response: At the time of the has difficulty recovering despite its Service Response: Because R. proposed rule, site-specific information physiological characteristics. orthoneurus can reproduce asexually, a was available for 10 Rumex orthoneurus Water is a primary vector of seed population with many plants may locations. Although we were aware that dispersal for Rumex orthoneurus. Thus, actually be just a few individuals that the species occurred in other areas, data if the plant is extirpated from upstream developed from rhizomes. Asexual were not available for those sites. We reaches, there is a lower probability that reproduction in R. orthoneurus may have current information from it can re-colonize those areas. limit the level of diverse genetic approximately 134 additional sites Furthermore, unabated grazing can information in some populations. Thus, containing natural populations of R. reduce plants to 1–2 cm (less than 1 in.) preserving populations from each orthoneurus. The size of populations in height, when they are otherwise able mountain range is important in

VerDate 18-JUN-99 09:43 Aug 06, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A09AU2.044 pfrm07 PsN: 09AUP1 Federal Register / Vol. 64, No. 152 / Monday, August 9, 1999 / Proposed Rules 43135 maximizing the genetic variation the proposed rule, the population at just a few to tens of thousands of available to the overall gene pool of the Ramsey Canyon in the Huachuca individuals. In Arizona, on the species. Mountains was thought to be extirpated Coronado National Forest, R. by grazing, which took place in the early orthoneurus occurs at 12 sites as natural Summary of Factors Affecting the 1900s (Van Devender 1980). The species populations in the Chiricahua, Species is now known to occur in three different Pinalen˜ ¿o, and Huachuca mountains. We must consider five factors areas in upper Ramsey Canyon. The There are four introduced sites in the described in section 4(a)(1) of the Act available information at the time of the Chiricahua mountains, most of which when determining whether to list a proposed rule, indicated that virtually are either stable or increasing in species. These factors, and their all reported occurrences of R. number. Originally, plants from the application to our decision to withdraw orthoneurus on the Apache-Sitgreaves White (AZ), Mogollon (NM), and San the proposal to list Chiricahua dock National Forests were adversely affected Francisco (NM) mountains were thought (Rumex orthoneurus Rech F.), are as by grazing activities. However, many to be R. occidentalis. However, recent follows: newly discovered occurrences of R. research indicates that plants in these A. The Present or Threatened orthoneurus on the Apache-Sitgreaves mountains are, in fact, R. orthoneurus Destruction, Modification, or National Forests are not being adversely (see ‘‘Background’’ section; Mount and Curtailment of Its Habitat or Range. affected by livestock grazing, and Logan 1993, Friar et al. 1994, Bellsey because we have found many plant and Mount 1995, Bellsey 1998, in The proposed rule (63 FR 15813) locations to be free of grazing, we prep.). identified livestock grazing, recreation, cannot conclude that impacts to R. On the Apache-Sitgreaves National water development and diversion, road orthoneurus are occurring range-wide Forests, Rumex orthoneurus is located construction and maintenance, logging, by this threat. in the White Mountains and along the mining and associated activities, and The proposed rule also cited Phillips north side of the Mogollon Rim. A total wildfire as causing the loss and et al. (1980), who reported a proposed of 67 sites, many with thousands of degradation of riparian and cienega uranium mining and milling operation plants, are documented thus far, and habitat for Rumex orthoneurus. In the as a threat to the Workman Creek many areas have yet to be surveyed. proposed rule, we identified some population of Rumex orthoneurus in the Current genetic information, has populations as extirpated because of Sierra Ancha Mountains. Plans called revealed that four sites in the San these activities. It was believed that the for the construction of a campsite, and Francisco Peaks on the Coconino extirpation of some natural populations the development of the bowl area of National Forest currently support R. in the Chiricahua and Huachuca Carr Mountain (the watershed for the orthoneurus. A fifth site was discovered mountains were possibly caused by site) into a uranium mill. Although the in Barbershop Canyon (Coconino water development and diversion, Workman Creek drainage remains National Forest), a site previously grazing, and mining activities. Frequent available for mineral entry, and mining surveyed without R. orthoneurus road maintenance in the Pinalen˜ o continues to be a potential threat in that detections (Barbara Phillips, Coconino Mountains was found to regularly area, logging and mining operations are National Forest, pers. comm. 1999). impact one population. The Tonto not widely documented as having Additional locations are suspected to National Forest (1993) noted evidence of adverse effects on R. orthoneurus contain R. orthoneurus, but lack soil compaction and unstable banks at populations. Finally the proposed rule surveys. Four sites containing natural the Workman Creek sites in the Sierra identified that wildfire in the Tonto populations of R. orthoneurus were Ancha Mountains caused by National Forest caused the extirpation found on the Tonto National Forest in recreational activities. In the Coronado of two introduced populations, and the the Sierra Ancha Mountains and receive National Forest (1993) Conservation decline of a third. Although wildfire some protection, and many other sites Strategy for the Chiricahua Dock, the continues to be a threat to some contain introduced populations in the Forest Service addressed the possible populations of the Chiricahua dock, its south drainage of the Mogollon Rim. extirpation of the type locality (the effects are localized. In New Mexico, the presence of location where the plant was originally While grazing, recreation, wildfire, Rumex orthoneurus is documented from described) as a result of water and water diversions can adversely recent survey efforts (Bellsey, pers. diversions. Hodges attributed impacts to affect the plant in some areas, recent comm. 1999) on the Carson, Santa Fe, R. orthoneurus at Hospital Flat genetic research (see ‘‘Background’’ Lincoln, and Gila National Forests. On (Pinalen˜ o Mountains) to trampling by section) and survey efforts indicate that the Carson National Forest, 2 days of recreationists and damming of the creek Rumex orthoneurus has a much larger cursory surveys conducted from a (David Hodges, Southwest Center for distribution than previously thought, vehicle found seven locations Biological Diversity, pers. comm. 1995). and not all populations are imperiled by containing R. orthoneurus. On the Santa At the time of the proposed rule, the above threats. Fe National Forest, R. orthoneurus grazing was thought to impact Rumex Our decision to propose Rumex presence was recorded during orthoneurus at the system, population, orthoneurus as a threatened species was approximately 4 days of surveys for and individual plant levels, as grazed based on the best scientific information Arizona willow (Salix arizonica). This populations often do not produce seeds. available to us at the time of the effort resulted in the detection of 14 Also at the time of the proposed rule, it proposed rule, and consisted of locations, many of which contain tens of was thought that continued grazing information from only 10 sites in thousands of plants. At the time of the could eventually preclude the plant’s southeastern Arizona (most with only a proposed rule, R. orthoneurus was continued existence due to a lack of few individuals). Rumex orthoneurus is thought to be extinct on the Lincoln seed production, compacted soils now known from approximately 144 National Forest, but specimens were discouraging seedling establishment, sites in Arizona and New Mexico, and recently collected whose morphological severe trampling of plants and at least two sites in the State of Sonora, characteristics indicate the plants are R. underground rhizomes, and Mexico, within the forest reserve ‘‘Sierra orthoneurus (Bellsey, pers. comm. destabilization of streambanks resulting de los Ajos.’’ Numbers of plants at sites 1999). The vast majority of habitat on in habitat loss. At the time we prepared containing R. orthoneurus range from these forests still remain unsurveyed.

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Surveys and genetic analysis of R. D. The Inadequacy of Existing impacts of each alternative, and involve orthoneurus specimens indicate that Regulatory Mechanisms the public in the decision-making there are 34 sites containing natural Many Federal and State laws and process. It does not require Federal populations on the Gila National Forest. regulations can protect Rumex agencies to select the alternative having In contrast to the proposed rule, we orthoneurus and its habitat. However, the least significant environmental are now aware of so many sites (many Federal and state agency discretion impact. The NEPA does not prohibit a with low levels of threats), that despite allowed under these laws still permits Federal action agency from choosing an the threats stated in the proposed rule, adverse effects on listed and rare action that will adversely affect listed or we cannot conclude that Rumex species. Rumex orthoneurus is not candidate species provided these effects orthoneurus is threatened throughout all included in either of the three were known and identified in a NEPA or a significant portion of its range. Appendices of the Convention on document. B. Overutilization for Commercial, International Trade in Endangered The wetland habitats supporting Recreational, Scientific, or Educational Species of Wild Fauna and Flora Rumex orthoneurus have a degree of Purposes (CITES), and it is unlikely to require the protection under section 404 of the Overutilization is not known to be a trade protections of CITES. Clean Water Act and under Federal significant threat at the present time. The Federal Land Policy and Executive Orders 11988 (Floodplain Management Act of 1976 (43 U.S.C. Management) and 11990 (Protection of C. Disease or Predation 1701 et seq.) and National Forest Wetlands). These authorities can only The primary predation threat to Management Act of 1976 (16 U.S.C. protect R. orthoneurus indirectly and Rumex orthoneurus is from livestock or 1600 et seq.) direct Federal agencies to have not curtailed population decline, wild ungulate grazing due to its high prepare programmatic-level extirpation, or habitat losses for R. palatability and occurrence in wetland management plans to guide long-term orthoneurus in some locations. habitats attractive to herbivores. resource management decisions. Forest Under the Lacey Act (16 U.S.C. 3371 Permitted grazing occurs at R. plans generally include a commitment et seq.), as amended in 1982, it is orthoneurus sites in the White to maintain viable populations of all unlawful for any person to import, Mountains on the Apache-Sitgreaves native wildlife, fish and plant species export, sell, receive, acquire, purchase, National Forests and at sites on the within the Forest’s jurisdiction. or engage in interstate or foreign Tonto National Forest. The Gila However, such general commitments do commerce in any species taken, Wilderness has not permitted grazing not, in themselves, preclude adverse possessed, or sold in violation of any since 1952 (Paul Boucher, Gila National effects to rare species by any National law, treaty, or regulation of the United Forest, pers. comm. 1997), and grazing Forest. States, any Tribal law, or any law or by cattle has not occurred since 1947 on The Coronado and Tonto National regulation of any state. The Lacey Act R. orthoneurus sites in the Pinalen˜ o Forests developed assessments with can provide a degree of protection to Mountains (Coronado National Forest management strategies for Rumex Rumex orthoneurus to the extent that 1993). Sites on the Coconino and the orthoneurus in 1993. To date, cattle the species is protected by Arizona State Apache-Sitgreaves National Forests are grazing is somewhat limited on R. law (described below). affected by wild ungulates. There is orthoneurus sites in both forests. The documentation of both cattle and elk Tonto National Forest has taken The Arizona Native Plant Law (A.R.S. grazing at R. orthoneurus sites in the extensive measures to keep cattle and Chapter 7, Article 1) protects Rumex Carson and Santa Fe National Forests. recreation out of riparian areas orthoneurus as ‘‘highly safeguarded.’’ A Despite the documented grazing on inhabited by R. orthoneurus. The Forest permit from the Arizona Department of most of the forests where Rumex has closed roads where vehicles and Agriculture (ADA) must be obtained to orthoneurus is found, the plant is hikers could impact the plant, and they legally collect this species from public protected in many areas by exclosures have moved gates to redirect traffic to or private lands in Arizona. Permits may (barriers to exclude animals), by areas not occupied by R. orthoneurus. be issued for scientific and educational management efforts, or by virtue of its Although the Coronado National Forest purposes only. It is unlawful to destroy, location. At the time of the proposed has a conservation strategy which has dig up, mutilate, collect, cut, harvest, or rule, there was reason to believe that limited livestock grazing, some sites are take any living ‘‘highly safeguarded’’ grazing was a much more serious threat grazed by horses, and recreation is still native plant from private, State, or to R. orthoneurus because known sites a problem at many sites. The Apache- Federal land without a permit. were fairly small, and the proportion of Sitgreaves Forests are implementing a However, private landowners and sites affected was thought to be high. monitoring program in 1999 (John Federal and State agencies may clear New information indicates that there are Bedell, Apache-Sitgreaves National land and destroy habitat after giving the numerous secure sites with hundreds, Forest, in litt. 1999), and the Carson ADA sufficient notice to allow plant thousands, or tens of thousands of National Forest has designated funds for salvage. Damage to plants and habitat plants. In some cases, sites are additional surveys in 1999 (Dick Braun, occur under the Arizona Native Plant considered secure because population Carson National Forest, pers. comm. Law. sizes are large, and in others grazing is 1999). Management strategies were not Despite the potential inadequacies in absent or of little consequence (i.e., developed for sites at other National existing regulatory mechanisms, we find grazing periods are brief or there are few Forests or the Ft. Huachuca Army Post. insufficient evidence that the existing ungulates). In addition to the The National Environmental Policy levels of threats to Rumex orthoneurus information that many sites appear Act of 1969 (NEPA) (42 U.S.C. Sec. warrant its listing as a threatened or secure, the proportion of affected sites 4321–4370a) requires Federal agencies endangered species under the Act. In decreased as we became aware of more to consider the environmental impacts light of the expanded numbers and non-threatened sites. These positive of their actions. The NEPA requires distribution of R. orthoneurus, the developments for the status of R. Federal agencies to describe a proposed potential inadequacies of these orthoneurus lead us to conclude that action, consider alternatives, identify regulatory mechanisms is no longer a listing is no longer warranted. and disclose potential environmental significant factor.

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E. Other Natural or Manmade Factors Recognizing the need to ensure the Species Act of 1973, as amended (16 U.S.C. Affecting Its Continued Existence continued existence of Rumex 1531 et seq.). orthoneurus, the Forest Service Dated: July 28, 1999. At the time of the proposed rule, a established numerous monitoring and John G. Rogers, high proportion of known Rumex survey programs. Conservation Acting Director, Fish and Wildlife Service. orthoneurus populations occurred as strategies for the Tonto and Coronado small sites in isolated mountain ranges. [FR Doc. 99–20404 Filed 8–6–99; 8:45 am] National Forests were in place in 1993. BILLING CODE 4310±55±P Rumex orthoneurus was thought to be In 1999, the Apache-Sitgreaves National vulnerable to chance extirpations Forests initiated a monitoring program because of the perceived low numbers (John Bedell, Apache-Sitgreaves DEPARTMENT OF COMMERCE of individuals in mostly scattered, National Forests, in litt. 1999), and the isolated populations. Carson National Forest has budgeted for National Oceanic and Atmospheric Any loss of such sites would have additional survey efforts (Dick Braun, Administration resulted in a significant curtailment of Carson National Forest, pers. comm. the species’ range, and may have 1999). Due to the current distribution 50 CFR Parts 600 and 648 affected the species’ ability to sustain and associated level of threats to R. [I.D. 063099A] itself over time. Wildfire was also orthoneurus, we find that there is not thought to pose a significant threat, as substantial evidence to indicate that R. RIN 0648±AI78 it could be catastrophic to smaller, orthoneurus is threatened under the Act Magnuson-Stevens Fishery confined populations. (likely to become endangered within the Conservation and Management Act We now know that Rumex foreseeable future throughout all or a Provisions; Fisheries of the orthoneurus is well distributed in areas significant portion of its range). Northeastern United States; Atlantic of Arizona and New Mexico. Many sites References Cited Herring Fishery; Atlantic Herring where R. orthoneurus is found contain Fishery Management Plan; Correction thousands of plants. The present Bellsey, R. A. 1998. Summary of genetic work distribution and abundance of R. performed on Rumex orthoneurus, the AGENCY: National Marine Fisheries orthoneurus precludes a finding that Chiricahua dock. Unpublished report to Service (NMFS), National Oceanic and listing the plant is warranted because the National Forest Service. 16 pp. Atmospheric Administration (NOAA), chance, localized extirpations would Bellsey, R. and D. Mount. 1995. Analysis of Commerce. Rumex orthoneurus, a rare species in not necessarily result in a significant ACTION: Arizona, using RAPD markers and Notice of availability of a fishery curtailment of the species’ range. polymorphisms in ‘‘rbcL’’. In: management plan; correction. Additionally, although wildfire can be Maschinski, J., D. H. Hammond, and L. SUMMARY: detrimental to localized populations, Holter, tech. Eds. Southwestern rare and On July 27, 1999, NMFS wildfire is largely an isolated event. For endangered plants: proceedings of the published a notice of availability (NOA) the vast majority of known R. second conference. Gen Tech. Rep. RM– announcing that the New England orthoneurus populations, there is no GTR–283. Fort Collins, CO. Fishery Management Council had indication that wildfire is a significant Coronado National Forest. 1993. submitted the Atlantic Herring Fishery threat. We find no indication of any Conservation strategy for Chiricahua Management Plan for Secretarial review. other natural or manmade factors dock (Rumex orthoneurus). U.S. Under its stated Management Measures Department of Agriculture, Forest of Concern, the NOA contained an error affecting the continued existence of R. Service. Tucson, Arizona. 24 pp. orthoneurus. in its description of restrictions on the Dawson, J. E. 1979. A biosystematic study of size of domestic fishing and processing Finding and Withdrawal Rumex in Canada and the United States. vessels that would be prohibited from Unpublished thesis. Carleton University. Based on our review and Friar, E., H. Nam, and D. Mount. 1994. Lilium fishing for Atlantic herring in the consideration of the best scientific and parryi, Rumex orthoneurus genetic exclusive economic zone (EEZ). This commercial information available, we study. University of Arizona, Tucson, document corrects the error. find that Rumex orthoneurus does not Arizona. 16 pp. DATES: Comments must be received on meet the definition of a threatened or Mount, D. and B. Logan. 1993. Genetic or before September 27, 1999. endangered species and that its listing analysis of Rumex orthoneurus and FOR FURTHER INFORMATION CONTACT: E. species by the RAPD Martin Jaffe, Fishery Policy Analyst, as a threatened species is not warranted. marker technique. University of Arizona, Recent genetic research (see Background Tucson, Arizona. 15 pp. 978–281–9272. section) and survey efforts indicate that Phillips, A. M. III, L. T. Green III, and J. SUPPLEMENTARY INFORMATION: R. orthoneurus has a much larger Mazzoni. 1980. Amendment to the status Background distribution than previously thought report on Rumex orthoneurus. (see Factor A of the ‘‘Summary of Unpublished report to U.S. Department The NOA for the Atlantic Herring Factors Affecting the Species’’ section), of Interior, Fish and Wildlife Service, FMP was published on Tuesday, July and not all populations are imperiled. Albuquerque, NM. 15 pp. 27, 1999 (64 FR 40542). The NOA Although mining and logging activities Tonto National Forest. 1993. A conservation described restrictions on the size of are suspected of affecting R. assessment for Blumer’s dock (Rumex domestic fishing and processing vessels. orthoneurus, the impacts of such orthoneurus). Unpublished report. U.S. One measure would prohibit domestic Department of Agriculture, Forest activities are not widely documented, Service, Phoenix, Arizona. 26 pp. vessels greater than or equal to 165 ft and wildfire is localized in its impacts (50.3m) in length, or > 750 gross on the plant. We can no longer conclude Author: The primary author of this registered tons (GRT) (680.4 mt), or > that R. orthoneurus is impacted withdrawal notice is Darrin Thome, 3,000 horsepower from fishing for throughout its range by the remaining Arizona Ecological Services Field Office Atlantic herring in the EEZ, but would threats of livestock and wildlife grazing (see ADDRESSES section). allow domestic vessels > 165 ft (50.3m), in a manner that would threaten its Authority: The authority for this action is or > 750 GRT (680.4 mt) to process continued existence. section 4(b)(6)(B)(ii) of the Endangered herring if U.S. at-sea processing is

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