Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations 49639

likely to jeopardize the continued exceptions apply to agents of the Wherry, E.T. 1966. Polemoniaceae. in C.L. existence of a listed or to Service and State conservation Lundell (ed.), Flora of Texas l(3):283-32l. destroy or adversely modify its critical agencies. The Act and 50 CFR 17.62 and Wherry, E.T. 1955. The Phlox. Morris habitat. If a Federal action may affect a 17.63 also provide for the issuance of Arboretum Monographs III. 174 pp. listed species or its critical habitat, the permits to carry out otherwise Author responsible Federal agency must enter prohibited activities involving into formal consultation with the under certain The primary author of this Final rule is Service. There are no known circumstances. Sonja Jahrsdoerfer, U.S. Fish and populations of Texas trailing phlox that It is anticipated that few trade permits Wildlife Service, 222 South Houston, either occur on Federal land and/or would ever be sought or issued because suite A, Tulsa, OK 74127 (918/581-7458 would be affected by activities the species is not common in cultivation or FTS 745-7458). authorized, funded, or carried out by a or in the wild. Requests for copies of the List of Subjects in 50 CFR Part 17 Federal agency. regulations on plants and inquiries The Act and its implementing regarding them may be addressed to the Endangered and threatened species, regulations found at 50 CFR 17.61,17.62, Office of Management Authority, U.S. Exports, Imports, Reporting and and 17.63 set forth a series of general Fish and Wildlife Service, P.O. Box 3507, recordkeeping requirements, and prohibitions and exceptions that apply Arlington, VA 22201 (703/358-2104). Transportation. to all endangered plants. All trade National Environmental Policy Act Regulation Promulgation prohibitions of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, apply. The Fish and Wildlife Service has PART 17—[AMENDED] These prohibitions, in part, make it determined that an Environmental illegal for any person subject to the Assessment, as defined under the Accordingly, part 17, subchapter B of jurisdiction of the United States to authority of the National Environmental chapter I, title 50 of the Code of Federal import or export, transport in interstate Policy Act of 1969, need not be prepared Regulations, is amended as set forth or foreign commerce in the course of a in connection with regulations adopted below: commercial activity, sell or offer for sale pursuant to section 4(a) of the 1. The authority citation for part 17 this species in interstate or foreign Endangered Species Act of 1973, as continues to read as follows: commerce, or to remove and reduce to amended. A notice outlining the Authority: 16 U.S.C. 1361-1407; 16 U.S.C. possession the species from areas under Service’s reasons for this determination 1531-1544; 16 U.S.C. 4201-4245; Pub. L 99- Federal jurisdiction. In addition, for was published in the Federal Register on 625,100 Stat. 3500; unless otherwise noted. October 25,1983 (48 FR 49244). endangered plants, the 1988 2. Amend § 17.12(h) by adding the amendments (Pub. L. 100-478) to the Act References Cited following, in alphabetical order under prohibit the malicious damage or the Family Polemoniaceae, to the List of destruction on Federal lands and the Lundell, C.L 1942. Studies of American Endangered and Threatened Plants: removal, cutting, digging up, or spermatophytes-III. Contrib. Univ. Mich. Herb. 8:77-79. damaging or destroying of endangered §17.12 Endangered and threatened Mahler, W.F. 1980. Status report, Phlox plants. plants in knowing violation of any State nivalis ssp. texen sis. Lundell. U.S. Fish law or regulation, including State and Wildlife Service, Albuquerque, NM. criminal trespass law. Certain 12 pp. (h) * * *

Species Historic range Status When listed Scientific name Common name habitat rules

• * • • * * * Polemoniaceae— Phlox family: * * * • • * * Phlox nivalis ssp. te x e n s is ...... Texas trailing phlox...... U .S A (T X )...... „.... „...... E 440 NA NA * * * • *

Dated: September 20,1991. 50 CFR Part 17 to the Endangered Species Act of 1973, Bruce Blanchard, RIN 1018-AB42 as amended (Act). These species are Director, Fish and Wildlife Service. Endangered and Threatened Wildlife known only from the northwest (Na [FR Doc. 91-23385 Filed 9-27-91; 8:45 am] and Plants; Determination of Pali) coast of the island of Kauai, Hawaii. Hedyotis st.-johnii is known BILUNG CODE 4310-55-M Endangered Status for Two Na Pali from 5 populations totaling less than 200 Coast Plants: Hedyotis st.-johnii (Na individuals, and Pali Beach Hedyotis) and Schiedea S. apokremnos from 5 apokremnos (Ma’oii’oli) known populations totaling about 100 plants. The latter species is threatened a g e n c y : Fish and Wildlife Service, by predation and habitat degradation by Interior. feral goats, and both species are ACTION: Final rule. threatened by competition from alien plant species. The small number and SUMMARY: The U.S. Fish and Wildlife size of populations are a considerable Service (Service) determines two plants, threat to both species, as the limited Hedyotis st.-johnii (Na Pali beach gene pool may depress reproductive hedyotis) and Schiedea apokremnos vigor, or a single environmental (ma’oli’oli), to be endangered pursuant disturbance could destroy a significant 49640 Federal Register / Vol. 56» No. 189 / Monday, September 30, 1991 / Rules and Regulations percentage o£ the extant individuals. National Ttopical Botanical Garden, and (0.5 km) inland, occupying cliffs and This rule implements the protection and R. Hobdy, pers. comms., 1990). A total of rock outcrops from 200. to 1,100 ft (.60 to recovery provisions provided by the Act about 100 plants has been seen, with 330 m) elevation (Carr 1982; HHP 1990b; for these plants. only the Kaaalahina-Manono population HPCC 1990a, 1990b; C, Com and T. EFFECTIVE DATE: October 30,1991. numbering more than 5 individuals Flynn, pers. comms., 1990). Sparse dry coastal shrub vegetation with Artem isia ADDRESSES: The complete file for this (Com 1984; HHP 1990c; HPCC 1990b; T. australis ('ahinahinaj; Cham aesyce rule is available for public inspection, by Flynn and S. Perlman, pers. comms., appointment, during normal business 1990). As with Hedyotis st-johnii, more celastroides (’akokoh and the alien hours at the U.S. Fish and Wildlife plants could exist in similar, Pluchea symphytifolia (sourbush): is Service, 300 Ala Moana Boulevard, room inaccessible habitat (R. Hobdy and S. typical of the habitat of H. st-johnii and 6307, Honolulu, Hawaii 96813. Perlman, pers. comms., 1990); In lower elevation sites of S. apokremnos addition, a Sch iedea recently collected (HHP 1990b, 1990c; HPCC 1990a, 1990b; FOR FURTHER INFORMATION CONTACT: from a gulch near the head of Kalalau S. Perlman, pers. comm., 1990). The Joan EL Canfield, at the above address Valley, if identified as S, apokremnos, upper elevation site of S. apokremnos is (808/541-2749 or FTS 551-2749). would extend the known range of this dominated by the introduced Leucaena SUPPLEMENTARY INFORMATION: species (R. Hobdy, pers. comm., 1990). leucocephala (koa ha ole), with natives Like H, st-johnii, S. apokremnos is Background Wilkesia hobdyi (dwarf iiiau), known strictly from State-owned land. Lipochaeta connata (nehe), and Lobelia Hedyotis st-johnii was first collected The Kaaweiki population is in Puu Ka niihauensis (T. Flynn, pers. comm., in 1947 by Harold St. John, E.J. Britten, Pele Forest Reserve, while all others are 1990). and R.S. Cowan on the vertical sea cliffs in Na Pali Coast State Park. The greatest immediate threat to the between Kalalau and Honopu valleys on Hedyotis st-johnii is a succulent survival of Schiedea apokremnos is Kauai. The next collection was made by perennial herb of the coffee family predation and habitat degradation by B.C. Stone in 1956 from the same (Rubiaceae) with slightly woody, feral goats. As a result of past goat location. Two years later Stone and trailing, quadrangular stems up to 1 foot activity, H edyotis st-johnii is almost Lane (1958) described the plant as a new (ft) (30 centimeters (cm)) long. The entirely restricted to sites inaccessible species, naming it in honor of its fleshy leaves are clustered toward the to goats, where the plants are now discoverer. All subsequent collections base of the stem and are broadly ovate threatened by competition from alien have been from a 4.5 mile (mi) (7.2 to broadly elliptic, 2. to 6 inches (in) (5.5 plant species. Alien plants are a threat kilometer (km)) long section of the Na to 15 cm) long and about 2 in (3.5 to 7.5 to at least one population of S. Pali coast: between Kalalau and Honopu cm) wide. Clusters of flowers are borne apokrem nos as welt. The small size of Beaches, and from Nualolo Valley, on 3 to 6 in (7 to 15 cm) long flowering most populations and a restricted Nualolo Kai, and Milolii Beach. stems. The leafy, broadly ovate calyx distribution are serious potential threats Hedyotis st-johnii is still extant in all of lobes are about 0.1 in (3 to 4 millimeters to these two species. The limited gene those areas except perhaps Nualolo Kai, (mm)) long and wide, enlarging in fruit pool may depress reproductive vigor, or which has not been resurveyed in 11 to about 0.4 in (8 to 11 mm) long and a single environmental disturbance years (Carolyn Com and Robert Hobdy, wide. The green petals are fused into a State Division of Forestry and Wildlife, could destroy a significant percentage of tube about 0.2 in (5 to 8 mm) long and the extant individuals. Landslides and and Steven Perlman, Hawaii Plant wide. The fruit consists of kidney- Conservation Center (HPCC), pers. fire pose additional potential threats to shaped capsules with dark brown to both species. Some S. apokremnos comms., 1990). Less than 200 individuals blackish angular seeds. H. st-johnii is have been seen, with some populations individuals are functionally female and distinguished from related species by its must be cross-pollinated to set seed. numbering as low as 1 plant (Com 1984, succulence, basally clustered fleshy Hawaii Heritage program (HHP) 1990b, This reproductive strategy may threaten leaves, shorter floral tube, and large populations with few individuals HPCC 1990a). Similar, inaccessible leafy calyx lobes when in fruit (Wagner habitat might harbor as yet (Stephen Weller, University of et al. 1990). California at Irvine, pers, comm., 1990). undiscovered individuals (C. Corn and Schiedea apokremnos is a low, R. Hobdy, pers. comms., 1990). Known branching shrub of the pink family Federal action on Hedyotis st-johnii only from State-owned land, H. st-johnii (Caryophyllaceae) that is 8 to 20 in (20 began as a result of section 12 of the is restricted to Na Pah Coast State Park. to 50 cmj tall. The leaves are oppositely Act, which directed the Secretary of the Schiedea apokremnos was first arranged, oblong, somewhat fleshy and Smithsonian Institution to prepare a collected in the early 1900’s by J.M. glabrous, and about 1 to 2 in (3 to 5 cm) report on plants considered to be Lydgate from an unrecorded locality on long and 0.2 to 0.5 in (0.6 to 1.2 cm) wide. endangered, threatened, or extinct in the Kauai, flarold S t John made the next The flowers lack petals and are in United States. This report,; designated as collection at Nualolo Kai on the Na Pali clusters with green and often purple- House Document No. 94-51, was coast in 1965. Five years later, he tinged bracts and sepals: the sepals are presented to Congress on January 9, described the taxon as a new species about 0.1 in (2 to 3 mm) long. The round 1975. In that document, Hi st-johnii was (St. John 1970), naming it for the plant’s to kidney-shaped seeds are produced in considered to be endangered; S. habitat of steep cliffs. All subsequent capsules. Schiedea apokremnos is apokrem nos was not included. On July collections have been from Kaaweiki distinguished from related species by 1,1975, the Service published a notice in Ridge and three areas along a 6.5 mi shorter sepals, nectaries, and capsules the Federal Register (40 FR 27823) of its (10.5 km) long section of the Na Pali (Wagner et al. 1990). acceptance of the Smithsonian report as coast: Milolii Valley, Kalalau Beach, and Hedyotis st-johnii and S chiedea a petition within the context of section between Kaaalahina and Manono apokrem nos grow in the crevices of 4(c)(2) (now section 4(b)(3)) of the Act, ridges. The species is probably extant at near-vertical coastal cliff faces. While and giving notice of its intention to all locations except Nualolo Kai, H. st-johnii is confined to north-facing, review the status of the plant taxa although the Kalalau and Milolii nearly vertical sea cliffs within the named therein. As a result of that populations have not been revisited for spray zone below 250 ft (75 meters (m)) review, on June 16,1976, the Service over 6 years (C. Com, Timothy Flynn, elevation» S, apokremnos extends 0.3 mi published a proposed rule in the Federal Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations 49641

Register (41 FR 24523) to determine Wildlife, and observations of botanists The restriction of these two plant endangered status pursuant to section 4 and naturalists. The Service now species to inaccessible cliffs suggests of the Act for approximately 1,700 determines Hedyotis st.-johnii and that goat predation may have eliminated vascular plant species, including H. st.- Schiedea apokremnos to be endangered them from more accessible locations, as johnii. The list of 1,700 plant taxa was species with the publication of this rule. is the case for other rare plants of the assembled on the basis of comments Summary of Comments and Na Pali coast (Corn et al. 1979; R. and data received by the Smithsonian Recommendations Hobdy, pers. comm., 1990). While Institution and the Service in response browsing on S. apokremnos and to House Document No. 94-51 and the In the August 3,1990, proposed rule vegetation adjacent to both species, July 1,1975, Federal Register and associated notifications, all goats disturb the ground, which limits publication. interested parties were requested to seedling development, accelerates General comments received in submit factual reports or information erosion, reduces habitat, and promotes response to the 1976 proposal are that might contribute to the development the invasion of more aggressive alien summarized in an April 26,1978, Federal of a final listing decision. The public plants (Carr 1982, Com et al. 1979, HHP Register publication (43 FR 17909). In comment period ended on October 2, 1990a, Herbst 1989, Scott et al. 1986). 1978, amendments to the Act required 1990. Appropriate State agencies, county Koa haole and Hyptis pectinata (comb that all proposals over 2 years old be and city governments, Federal agencies, hyptis) are common invasive alien withdrawn. A 1-year grace period was scientific organizations, and other species at the Kaaweiki site of S. given to proposals already over 2 years interested parties were contacted and apokrem nos (T. Flynn, pers. comm., old. On December 10,1979, the Service requested to comment. A newspaper 1990). Most of the other populations of S. published a notice in the Federal notice was published in The Garden apokrem nos and some populations of H. Register (44 FR 70796) withdrawing that Island on August 15,1990, which invited st-johnii, confined to sparsely vegetated portion of the June 16,1976, proposal general public comment The one cliff crevices, are apparently not that had not been made final, along with comment that was received was from a threatened by alien plants (R. Hobdy, conservation organization that noted it four other proposals that had expired. pers. comm., 1990). However, alien had no information or advice to add to The Service published an updated notice plants do constitute the primary threat the proposed rule. of review for plants on December 15, to other populations of H. st-johnii, with 1980 (45 FR 82479), including Hedyotis Summary of Factors Affecting the sourbush being the main competitor (C. st.-johnii as a Category 1 candidate. Species Com and S. Perlman, pers. comms., Category 1 species are those for which After a thorough review and 1990). the Service has on file substantial consideration of all information Landslides are another potential information on biological vulnerability available, the Service has determined threat to Hedyotis st.-johnii (HPCC and threats to support preparation of that Hedyotis st.-johnii and Sch iedea 1990a) and Schiedea apokremnos (C. listing proposals. ¿ 1 the updated notice apokrem nos should be classified as Corn, pers. comm., 1990). Vegetation of review for plants published by the endangered species. Procedures found at was destroyed by a recent landslide Service on September 27,1985 (50 FR section 4 of the Endangered Species Act near Honopu Beach on a cliff similar to 39525), and February 21,1990 (55 FR (16 U.S.C. 1533) and regulations (50 CFR habitat of H. st-johnii (C. Com, pers. 6183), Schiedea apokremnos was part 424) promulgated to implement the comm., 1990). Com et al. (1979) consider included along with H. st-johnii as a listing provisions of the Act were fire an immediate serious threat to the Cateogy 1 candidate. followed. A species may be determined rare plants of the cliff faces and valleys Section 4(b)(3)(B) of the Act requires to be an endangered or threatened of the Na Pali coast. Under dry the Secretary to make findings on species due to one or more of the five conditions, human-set fires would certain pending petitions within 12 factors described in section 4(a)(1). spread rapidly and destroy these plants, months of their receipt Section 2(b)(1) of These factors and their application to due to the strong prevailing winds and the 1982 amendments further requires Hedyotis st-johnii B. Stone and Lane dry fuel load on cliff ledges (Com et al. that all petitions pending on October 13, (Na Pali beach hedyotis) and S chiedea 1979). Fire poses a potential and growing 1982, be treated as having been newly apokrem nos St. John (ma’oli’oli) are as threat to H. st-johnii and S. submitted on that date. On October 13, follows: apokremnos, especially as already 1983, the Service found that the heavy recreational use of the Na Pali petitioned listing of these species was A. The Present or Threatened Coast State Park increases (Com et al. warranted, but precluded by other Destruction, Modification, or 1979, Culliney 1988, HHP 1990d). pending listing actions, in accordance Curtailment of Its Habitat or Range Because of their inaccessible location, with section 4(b)(3)(B)(iii) of the Act; Feral goats and cattle have altered however, it is unlikely that these two notification of this finding was and degraded the vegetation of much of species would be otherwise threatened published on January 20,1984 (49 FR Kauai, including the valleys and slopes by proposed park development (C. Com 2485). Such a finding requires the where Hedyotis st-johnii and Schiedea and Wayne Souza, Division of State petition to be recycled, pursuant to apokrem nos have been collected (Com Parks, pers. comms., 1990). section 4(b)(3)(C)(i) of the Act. The et al. 1979, HHP 1990a). Goats have B. Overutilization for Commercial, finding was reviewed in October of inhabited these rugged areas of the Recreational, Scientific, or Educational 1984,1985,1986,1987,1988, and 1989. On island for over 150 years (Cuddihy and Purposes August 3,1990, the Service published in Stone 1990). An estimated 1,650 goats the Federal Register (55 FR 31612) a inhabited the Na Pali coast in 1982; they Illegal collecting for scientific or proposal to list Hedyotis st.-johnii and are still abundant throughout the portion horticultural purposes or excessive Schiedea apokremnos as endangered. of the coast that H. st-johnii and S. visits by people interested in seeing rare This proposal was based primarily on apokrem nos inhabit (HHP 1990d, plants could result from increased information supplied by the Hawaii Tomich 1986). These goats are managed publicity and could seriously affect the Heritage Program, several reports from by the State as a game species with a species (HHP 1990d). The co-occurrence the Hawaii Division of Forestry and limited hunting season (Tomich 1986). at one site of Schiedea apokremnos and 49642 Federal Register / VoL 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations dwarf iliau, currently proposed for Act for any person to remove, cut, dig and maps required when critical habitat listing as an endangered species (Herbst up, damage, or destroy an endangered is designated would increase the degree 1389), could bring additional publicity plant in an area not Under Federal of threat of trampling (causing erosion and visitation. Disturbance to the jurisdiction in knowing violation of any and invasion of alien plants)* vandalism, accessible areas by trampling would State law or regulation or in the course and taking at the Kaaweiki site of promote erosion and greater ingress by of any violation of a State criminal Schiedea apokremnos. Hedyotis str competing alien species. trespass law. johnii might be subject to an increased threat of taking and vandalism as welL C. Disease or Predation E. Other Natural or Manmade Factors The listing of these species as Affecting Its Continued Existence Predation by feral goats is probably endangered publicizes the rarity of the the greatest present threat to the The small size of the extant plants and, thus, can make them survival of Schiedea apokremnos (T. populations (totaling 100 individuals of attractive to researchers, curiosity Flynn, R. Hobdy, and S. Perlman, pers. Schiedea apokremnos and less than 200 seekers, or collectors of rare plants. comms., 1990). Goat browsing on this of Hedyotis st-johnii) is in itself a All involved parties and the species has been observed at the considerable threat to these species. The landowner have been notified of the Kaaweiki population for the past several limited gene pool may depress location and importance of protecting years (T. Flynn, pers. comm., 1990). At reproductive vigor, or a single fire, the habitat of these two species. precisely the same locality, grazing landslide, or other natural or human- Protection of the species’ habitat will be damage by increasing numbers of goats caused environmental disturbance could addressed through the recovery process is recognized as a serious present threat destroy a significant percentage of the and, if applicable, the section 7 to another rare species, dwarf iliau (Carr known individuals. Reproduction of S. consultation process. Therefore, the 1982, Herbst 1989). The most accessible apokrem nos may also be potentially Service finds that designation of critical population of Hedyotis st-johnii, behind threatened by the species’ breeding habitat for Hedyotis st-johnii and Kalalau Beach, is threatened by goat system: Some progeny of one individual Schiedea apokremnos is not prudent at predation (S. Perlman, pers. comm., are known to be unisexual, requiring this time, because such designation 1990). Other than that site, however, cross-pollination to set seed (S. Weller, would increase the degree of threat from goat predation has apparently already pers. comm., 1990). If those plants do not vandalism, collecting, or other human eliminated H. st-johnii from all sites flower simultaneously or are too widely activities and because it is unlikely to goats are capable of reaching (C. Com, separated for pollination, no seed will aid in conservation of these species. R. Hobdy, and S. Perlman, pers. comms., be set. 1990). No evidence of disease or The Service has carefully assessed the Available Conservation Measures predation by other species has been best scientific and commercial Conservation measures provided to reported for either species. information available regarding the past, species listed as endangered or present, and future threats faced by threatened under the Endangered D. The Inadequacy of Existing these two species in determining to Regulatory Mechanisms Species Act include recognition, make this rule final. Based on this recovery actions, requirements for All populations (A Hedyotis st-johnii evaluation, the preferred action is to list Federal protection, and prohibitions and Schiedea apokremnos are located Hedyotis st-johnii and S ch ied ea against certain activities. Recognition apokrem nos as endangered. For the two on State-owned park or forest reserve through listing encourages and results in land. State regulations prohibit the species, only about 200 and 100 conservation actions by Federal, State, removal, destruction, or damage of individuals respectively are known in and private agencies, groups, and plants found on these lands. However, the wild, and they face threats from individuals. The Endangered Species the regulations are difficult to enforce feral goat predation and habitat Act provides for possible land because of limited personnel. Hawaii’s degradation. Competing alien plants, acquisition and cooperation with the Endangered Species Act (Hawaii fires, and landslides pose additional States and requires that recovery Revised Statutes (HRS), sect. 195D-4(A}) threats. Small population size makes actions be carried out for all listed states, "Any species of aquatic life, these species particularly vulnerable to species. The protection required of wildlife, or land plant that has been extinction from stochastic events. Federal agencies and the prohibitions determined to be an endangered species Because these two species are in danger against certain activities involving listed pursuant to the (Federal) Endangered of extinction throughout all or a Species Act (of 1973) shall be deemed to significant portion of their ranges, they plants are discussed, in part, below. be an endangered species under the fit the definition of endangered as Section 7(a) of the Act, as amended, provisions of this chapter * * *” defined in the Açt. Critical habitat is not requires Federal agencies to evaluate Further, the State may enter into being designated for these species for their actions with respect to any species agreements with Federal agencies to reasons discussed in the "Critical that is proposed or listed as endangered administer and manage any area Habitat” section of this rule. or threatened and with respect to its required for the conservation, critical habitat, if any is being Critical Habitat management, enhancement, or designated. Regulations implementing protection of endangered species (HRS, Section 4(a)(3) of the Act, as amended, this interagency cooperation provision sect. 195D-5(c}). Funds for these requires that to the maximum extent of the Act are codified at 50 CFR part activities could be made available under prudent and determinable, the Secretary 402. Section 7(a)(2) of the Act requires section 6 of the Federal Act (State designate critical habitat concurrently Federal agencies to insure that activities Cooperative Agreements). Listing of H. with determining a species to be they authorize, fund, or carry out are not st-jo hn ii and S. apokremnos will endangered or threatened. The Service likely to jeopardize the continued therefore reinforce and supplement the finds that designation of critical habitat existence of a listed species or to protection available to the species under is not presently prudent for these two destroy or adversely modify its critical State law. The Federal Act will also species. Such a determination would habitat. If a Federal action may affect a offer additional protection to the two result in no known benefit to the listed species or its critical habitat, the species, because it is a violation of the species. The publication of descriptions responsible Federal agency must enter Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations 49643 into formal consultation with the pursuant to section 4(a) of the three new Hawaiian species. Hawaiian Service. There are no known Federal Endangered Species Act of 1973, as plant studies 32 Ji.e., 33). Pacific Sci. activities that might affect either of amended. A notice outlining the 24:245-254. these species. Service’s reasons for this determination Scott, J.M., S. Mountainspring, FJL Ramsey, The Act and its implementing was published in the Federal Register on and C.B. Kepler. 1986. Forest bird regulations found at 50 CFR 17.61,17.62, October 25,1983 (48 FR 49244). communities of the Hawaiian Islands: their and 17.63 set forth a series of general dynamics, ecology, and conservation. Stud, References Cited prohibitions and exceptions that apply Avian Biol. 9:1-431. to all endangered plants. With respect to Carr, G.D. 1982. Unpublished status survey of Stone, B.C., and I. Lane. 1958. A new Hedyotis st.-johnii and Schiedea Wilkesia hobdyi St. John (Hobdy’s iliau). H edyotis from Kauai, Hawaiian Islands. apokremnos, all trade prohibitions of U.S. Fish and Wildlife Service, Honolulu, Pacific Sci. 12:139-145. section 9(a)(2) of the Act, implemented Hawaii. 24 pp. Tomich, P.Q. 1986. Mammals in Hawaii. 2nd Corn, C.A. 1984. Na Pali botanical findings, ed. Bishop Museum Special Publ. 76. Bishop by 50 CFR 17.61, apply. These July 16-21,1984. Div. of Forestry and prohibitions, in part, make it illegal with Museum Press, Honolulu. 375 pp. Wildlife, Dept, of Land and Natural Wagner, W.L., D.R. Herbst, and S.H. Sohmer, respect to any endangered plant for any Resources, Honolulu, Hawaii. Unpubl. 119 1990. Manual of the flowering plants of person subject to the jurisdiction of the pp. Hawai’i. Bishop Mus. Spec. Publ. 83. United States to import or export; Com, C., G. Clarke, L. Cuddihy, and L. University of Hawaii Press and Bishop transport in interstate or foreign Yoshida. 1979. A botanical reconnaissance Museum Press, Honolulu. 1853 pp. commerce in the course of a commercial of Kalaiau, Honopu, Awaawapuhi, Nualolo, activity; sell or offer for sale these and Milolii Valleys and Shorelines—Na Author Pali, Kauai. Endangered Species Program, species in interstate or foreign Div. of Forestry and Wildlife, Dept, of Land The primary author of this final rule is commerce; remove and reduce to and Natural Resources, Honolulu, Hawaii. possession any such species from areas Dr. Joan E. Canfield, Fish and Wildlife Unpubl. 34 pp. Enhancement, Pacific Islands Office, under Federal jurisdiction; maliciously Cuddihy, LW ., and C.P. Stone. 1990. damage or destroy any such species on Alteration of native Hawaiian vegetation; U.S. fish and Wildlife Service, 300 Ala Moana Boulevard, Room 6307, P.O. Box any area under Federal jurisdiction; or effects of humans, their activities and 50167, Honolulu, Hawaii 96850 (808/541- remove, cut, dig up, damage, or destroy introductions. Coop. Natl. Park Resources listed plants on any other area in Stud. Unit, Univ. Hawaii, Honolulu. 138 pp. 2749 or FTS 551-2749). Culliney, J.L. 1988. Islands in a far sea: nature knowing violation of any State law or and man in Hawaii. Sierra Club Books, San List of Subjects in 50 CFR Part 17 regulation or in the course of any Francisco. 410 pp. Endangered and threatened species. violation of a State criminal trespass Hawaii Heritage Program. 1990a. Biological law. Certain exceptions apply to agents database and reconnaissance survey of Na Exports, Imports, Reporting and of the Service and State conservation Pali Coast State Park, Island of Kauai. recordkeeping requirements, and agencies. The Act and 50 CFR 17.62 and Prepared for Dept, of Land and Natural Transportation. Resources, Div. of State Parks, Honolulu. 17.63 also provide for the issuance of Regulations Promulgation permits to carry out otherwise Unpubl. 70 pp. Hawaii Heritage Program. 1990b. Element prohibited activities involving Occurrence Record for Hedyotis st-johnii, PART 17—[AMENDED] endangered plant species under certain dated July 22,1989, Honolulu. Unpubl. 2 pp. circumstances. Hawaii Heritage Program. 1990c. Element Accordingly, part 17, subchapter B of It is anticipated that few trade permits Occurrence Record for S ch ied ea chapter I, title 50 of the Code of Federal would ever be sought or issued because apokremnos, dated July 9,1989, Honolulu. Regulations, is amended as set forth these two species are not common in Unpubl. 2 pp. below: cultivation or in the wild. Requests for Hawaii Heritage Program. 1990d. 1. The authority citation for part 17 copies of the regulations on plants and Management recommendations for Na Pali continues to read as follows: inquiries regarding them may be Coast State Park, Halelea District, Island of Kauai. Prepared for Div. of State Parks,' Authority: 16 U.S.C. 1361-1407; 16 U.S.C. addressed to the Office of Management Honolulu, Hawaii, Unpub. 18 pp. 1531-1544; 16 U.S.C. 4201-4245; Public Law Authority, U.S. Fish and Wildlife Hawaii Plant Conservation Center. 1990a. 99-625,100 Stat. 3500; unless otherwise noted. Service, 4401 North Fairfax Drive, room Accession data for Hedyotis st-johnii 432-ARLSQ, Arlington, Virginia 22203- (905273.000) , dated June 9,1990, Lawai, 2. Amend § 17.12(h) by adding the 3507 (703/358-2104 or FTS 921-2093). Kauai. Unpubl. 1 p. following, in alphabetical order under Hawaii Plant Conservation Center. 1990b. the families Caryophyllaceae and National Environmental Policy Act Accession data for Schiedea apokremnos Rubiaceae, respectively, to the List of The Fish and Wildlife Service has (905272.000) , dated June 8,1990, Lawai, Endangered and Threatened Plants: determined that an Environmental Kauai. Unpubl. 1 p. Herbst, D.R. 1989. Proposed rule for W ilkesia §17.12 Endangered and threatened Assessment, as defined under the H obdyi (Dwarf iliau). Federal Register authority of the National Environmental plants. 54(189):40444-40447. ★ * * * * Policy Act of 1969, need not be prepared St. John, H. 1970. The “staminodia” of the in connection with regulations adopted genus S ch ied ea (Caryophyllaceae) and (h) * * *

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

Caryophyllaceae— Pink family: e Schiedea apokremnos..... Ma’b ii’oii ... U.S.A. (HI). 441 NA NA

Rubiaceae— Coffee family: 49644 Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations ------:------:------

Species Historic range Status Scientific name Common name listed habitat rules

Hedyotis st.-johnii...... Na Pali beach hedyotis...... U.S.A. (HI)..'...... E 441 NA NA

Dated: September 20,1991. Bruce Blanchard, Acting Director, Fish and Wildlife Service. [FR Doc. 91-23386 Filed 9-27-91; 8:45 am] BILLING CODE 4310-55-M Monday September 30, 1991

Part XI

Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Listing the and the and Six Foreign Reptiles as Endangered; Final Rules Department of Commerce National Oceanic and Atmospheric Administration Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Threatened Status for the Gulf Sturgeon; Final Rule 49646 Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations

DEPARTMENT OF THE INTERIOR and date of the unique first sample are alam osae lives in a thermally constant unknown (Taylor 1983). The specimens environment, reproduction is probably, Fish and Wildlife Service came from the C.M. Wheatley collection not seasonal, and population size very 50 CFR Part 17 and are likely to have been collected in likely remains relatively stable (NMDGF the 19th century (Taylor, San Francisco 1985). RtN 1018-AB42 State University, in litt., 1980). The alamosae is endemic to species was formally described and Endangered and Threatened Wildlife central New Mexico. The species is and Plants; Final Rule To List the named Amnicola neomexicana by Pilsbry in 1916. In 1982, Burch known only from a thermal spring Alamosa Springsnail and the Socorro complex in Socorro County. The spring Springsnail as Endangered reclassified it as Fontelicella neomexicana. Hershler and Thomspon complex consists of five individual AGENCY: Fish and Wildlife Service, (1987) assigned members of the genus springheads that flow together. The Interior. Fontelicella, including F. neomexicana, Alamosa springsnail is fairly abundant in the springs from which it is known a c t io n : Final rule. to . (NMDGF 1985), although there are no The Alamosa springsnail was s u m m a r y : estimates of population size. In the The U.S. Fish and Wildlife discovered in 1979 by Taylor, and Service (Service) determines the largest thermal spring, which is about placed in the genus Tryonia. The species Alamosa springsnail (Tryonia 2x3 meters (6x10 feet) across and 0.3-0.6 was described as Tryonia alamosae in meters (1-2 feet) deep, Taylor (1987) alam osae) and the Socorro springsnail 1987 (Taylor 1987). (Pyrgulopsis neomexicana) to be found T. alam osae to be abundant in endangered species, under the authority Pyrgulopsis neomexicana has an minor rivulets out of the main channel in of the Endangered Species Act of 1973 elongate-ovate shell that is light tan in the canyon where the springs arise. (Act), as amended. These snails occur in color, short-spired, and up to 2.5 There was a mat of watercress and thermal springs in Socorro County, millimeters (mm) (0.1 inch) in length filamentous green algae over water 1-2 central New Mexico. The Alamosa (NMDGF1985). Females attain a larger inches (2.5-5 cm) deep, flowing over fine springsnail is found in a single complex size than males. The penis has a long gravel and sand among angular rhyolitic glandular strip on the terminal lobe, a of five thermal springs, and the Socorro cobbles and boulders. Snails were found long penial gland, and three shorter springsnail is found in only one spring. in slow current on gravel as well as dorsal glandular strips (Taylor 1987). Because of their dependence on among vegetation. Associated molluscs The body and head are dark gray to continuous surface flows, these species were Lym naea parva and Physa black. The internal callus is reddish are threatened by any change in m exicana. The highest temperature of brown to amber, and the is conditions that would lessen the flow of any of the immediate sources was 27 °C. water from the springs. Other potential pale. Tentacles range from black or dark threats include the introduction of non­ gray at the base to pale gray at the tips Several of the other group of smaller native competing or predaceous (Taylor 1987). thermal springs that contain T. organisms into the springs and loss of Tryonia alamosae is a relatively small alam osae have been dug out and organic film or other natural elements and broadly conical species with impounded in the past. Taylor (1987) from their habitat. This rule implements females larger than males by a factor of found that T. alam osae was abundant in the protection and recovery provisions almost 50 percent (NMDGF 1985, Taylor the slower current of the source area on afforded by the Act for these snails. 1987). Length of shells range up to 3.0 rhyolitic pebbles and cobbles with Critical habitat is not being designated. mm (0.1 inch). The conical shell has up organic film. Physa mexicana was also abundant, but usually in swifter current. EFFECTIVE DATE: October 30,1991. to 5Vz, regularly convex whorls that are separated by well-impressed sutures The outflow of the springs forms a brook ADDRESSES: The complete file for this (NMDGF 1985). The penis bears a single, 0.6-1.0 meters (2-4 feet) wide, in which rule will be available for inspection, by broadly conical glandular papilla on the Physa mexicana is common, but T. appointment, during normal business distal left side. The body varies from alam osae becomes more scarce and hours at the Ecological Services Field opaque black to gray. The thin shell is then absent as one leaves the source Office, U.S. Fish and Wildlife Service, translucent and permits observation of area and current increases. The highest 3530 Pan American Highway NE., suite some internal structures except where measured temperature was 28 °C. D, Albuquerque, New Mexico 87107. coated by alone or rendered opaque by The original specimen of P. FOR FURTHER INFORMATION CONTACT: wear. The operculum is thin, ovate, and neomexicana reportedly came from one Gerald Burton (see ADDRESSES) at transparent. Tentacles are lightly dusted of the thermal springs near Socorro, (505) 883-7877 or FTS 474-7877. with melanin (Taylor 1987). SUPPLEMENTARY INFORMATION: New Mexico. The species is now extinct Both snails are totally aquatic, gilled at the type locality, but the date and species that occur in slow-velocity Background cause of the extinction are uncertain water near spring sources in their (Taylor 1987). The species has been Both Tryonia alamosae and thermal habitat (NMDGF 1985). Both reported from other springs in Socorro Pyrgulopsis neomexicana are members species occur on stones and among County (Landye 1981), although there is of the family , which is aquatic plants. Pyrgulopsis some disagreement on whether or not separated from all but two other New neomexicana is also found in the the species occurred there (Taylor 1987). Mexico families of gastropods (snails uppermost layer of an organic muck and allies) by the presence of gills substrate. Tryonia alamosae and P. Currently, P. neom exicana is known (rather than a lung-like breathing neomexicana are herbivorous, and from only one spring in Socorro County, device) and a lid-like structure browse on algae and other items in the where it was found in 1979. The (operculum) on the foot (New Mexico organic film of their habitat. Pyrgulopsis principal spring source has been Department of Game and Fish (MMDGF) neomexicana is oviparous, and probably impounded, which reduced the flowing- 1985). lays its eggs in spring and summer. water habitat to almost nothing. One The Socorro springsnail was Tryonia alamosae is ovoviviparous, and tiny spring source remained, with an described originally from warm springs contains a series of embryos in various improved source pool less than 1 m2 in in Socorro, New Mexico. The collector stages of development. Because T. area with a temperature of 17 °C. Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations 43647 .....Ml 111711 Pi l'~TTTWiMTl T'lTH I

PyrguJopsis neomexicana was abundant listing. On October 4,1988 (53 FR 38969), species also is found in four smaller on rootlets in this pool, but was not and April 25,1990 (55 FR 17475), a springs and an outflow that is 0.6-1.0 found in the ditches and ponds irrigating Notice of Findings on petitions was meters (2-4 feet) wide. Any conditions the area. Other molluscs found in the published. The required one-year finding that would lessen the flow of water from vicinity were Physa mexicana, Lymnaea on the action to list T. alam osae and P. the springs would threaten the species, m odicella, and . In neomexicana continued to be which are dependent upon continuous 1981, the colony was found to occupy warranted, but precluded by work on surface flows. not only the source but also the outflow species with higher priority for listing. A Under the present system of use in the tributary about 2.5 meters (8 feet) long to proposed rule to determine endangered spring complex that contains T. an irrigation ditch. No snails were in the status for Alamosa and Socorro alam osae, water is allowed to flow from irrigation flow. Total population of P. springsnails was published in the the springs through a canyon and then neomexicana was estimated at 5,000 Federal Register on September 18,1990 diverted for irrigation use. The snail individuals. (55 FR 38343). populations are secure under this The Socorro springsnail, then known Summary of Comments and system of use. However, should changes as the Socorro snail (Am nicola Recommendations occur to this system, and as a result the neomexicana), was proposed as an flow from the springs diminish, or endangered species on April 28,1976 (41 In the September 18,1990 proposed stopped, the snails would suffer. These F R 17742). The basis for the proposal rule and associated notifications, all springs are the water supply for was a report by Landye (1973), that interested parties were requested to agriculture and villages downstream listed the species as presumably extinct submit factual reports or information near Monticello, New Mexico. Possible because of capping of springs to supply that might contribute to the development future development of the springs to the city of Socorro, New Mexico, with of a final rule. Appropriate State maximize water supply is a potential water. That proposal was withdrawn on agencies, county governments, Federal threat. agencies, scientific organizations, and December 10,1979 (44 FR 70796), under The springs that contain P. other interested parties were contacted a provision of the 1978 amendments to neomexicana have been impounded, and requested to comment. Newspaper the Endangered Species Act of 1973, eliminating the critical flowing-water notices were published in the which required withdrawal of all habitat of the principal sources. One Albuquerque Journal on October 19, pending proposals if they were not free-running spring remains, with an 1990, the Tribune on October 19,1990, finalized within two years of the and the Defensor Chieftain on October improved source pool less than one proposal. 22,1990, which invited general public meter in diameter and an outflow In the May 22,1984, Review of comment. One comment supporting the stream less than 2.5 meters (8 feet) long Invertebrate Wildlife for Listing as listing of both snails was received. that includes the only known population Endangered or Threatened Species (49 of this species, with about 5,000 FR 21664), both the Socorro springsnail Summary of Factors Affecting the individuals (Taylor 1983). Loss of flow [Fontelicella ( = A m nicola) Species caused by pumping and pollution of the neomexicana) and the Alamosa After a thorough review and spring are additional threats to this springsnail (Tryonia sp.) were included consideration of all information habitat. as Category 1 species. Category 1 available, the Service has determined The springs in which T. alam osae comprises taxa for which the Service that Alamosa and Socorro springsnails occurs are used by people for bathing. currently has substantial information on should be classified as an endangered Channel modifications to make pools hand to support the biological species. Procedures found at section have destroyed snail habitat and caused appropriateness of proposing to list as 4(a)(1) of the Endangered Species Act erosion. endangered or threatened. In the (16 U.S.C. 1531 e ts e q .) and regulations Cattle grazing and roiling of the water January 6,1989, Notice of (50 CFR part 424) promulgated to by cattle may have a negative impact on Review (54 FR 554), both the Socorro implement the listing provisions of the P. neomexicana. Grazing of the area in springsnail [PyrguJopsis neomexicana, Act were followed. A species may be which T. alam osae occurs does not then called ‘Fontelicella’neomexicana) determined to be an endangered or appear to harm the habitat of the snail. and Alamosa springsnail [Tryonia threatened species due to one or more of B. Overutilization for Commercial, alamosae) were retained in Category 1. the five factors described in section A petition from the New Mexico Recreational, Scientific, or Educational 4(a)(1). These factors and their Purposes Department of Game and Fish was application to the Socorro springsnail received by the Service on November 22, [Pyrgulopsis neomexicana) and Because of their rarity, T. alam osae 1985. It requested that 11 taxa of New Alamosa springsnail [Tryonia and P. neomexicana are of interest to Mexico molluscs be added to the List of alam osae) are as follows: biologists and collectors. Therefore, Endangered and Threatened Wildlife, collection of the is a minor but including T. alam osae and P. A. The Present or Threatened present threat. neomexicana. The Service made a 90- Destruction, Modification, or day finding that the petition presented Curtailment of its Habitat or Range C. Disease or Predation substantial information that the The limited range of these species The introduction of non-native requested action may be warranted, and makes them extremely vulnerable to competing or predaceous organisms announced the finding in the Federal loss or alteration of their specialized (including fishes) into the springs is a Register on August 20,1986 (51 FR habitat. Pyrgulopsis neomexicana is potential threat to T. alamosae. 29671). The 12-month finding for this limited to a single pool less than 1 m2 in petition was published on July 1,1987 area, and an outflow ditch about 2.5 D. The Inadequacy of Existing (52 FR 24485), and stated that the action meters (8 feet) long. Tryonia alamosae is Regulatory Mechanisms requested by the petitioner was found in several springs, the largest of Both T. alam osae and P. neom exicana warranted, but precluded by work on which is 2X3 meters (6X10 feet) across are protected by the State Wildlife other species having higher priority for and 0.3-0.6 meters (1-2 feet) deep. The Conservation Act, Sec. 17-2-41. Under 49648 Federal Register / Vol. 58, No. 189 / Monday, September 30, 1991 / Rules and Regulations

State law,, there are prohibitions against involved parties and principal shoot, wound, kill, -trap, or collect; -or to destruction of the snails and excessive landowners .have been notified of the attempt any of these), impont .or export, collecting, but the ability to protect location and importance of protecting ship in interstate commerce sin .the habitat isjimited. Listing these species these species’ habitats. The landowners course of commercial activity, or sell or under the Act -would provide additional have no objections to the listing of these offer for sale in interstate or foreign protection and encourage active species. Both species are located commerce .any listed species, it also is management through the “Available primarily on private lands where illegal to possess, sell, deliver, .carry, -Conservation Measures” discussed Federal involvement in land-use transport, or ship any such wildlife that below. activities does not generally occur. has been taken illegally. Certain E. Other Natural .or Manmade Factors Additional protection resulting from exceptions apply to agents ®F the Affecting its Continued Existence critical habitat designation is achieved Service and State conservafi on through the section 7 Consultation agencies. Vandalism to the springs, both Process. Since section 7 would not apply intentional and inadvertent, is a threat to the majority of land-use activities Permits may be issued to'carry out to these two species. Loss of the organic occurring within critical habitat, its otherwise prohibited activities involving film or other natural elements in the designation would not appreciably endangered wildlife species under springs that support T. alamosae and P. benefit the species. certain circumstances. Regulations •neomexicana would have detrimental governing permits are at =50 CFR 17.22 effects on both species. Both species are Available Conservation Measures and 17.23. Such permits are avail Ale for restricted to such small habitats that Conservation measures provided to scientific purposes, to enhance the they are extremely vulnerable to species listed as endangered or propagation or survival of the species, extinction from any -of the factors threatened under the Endangered and/or for incidental take in connection discussed above. Species Act include recognition, with otherwise lawful activities. The Service as carefully assessed the recovery actions, requirements for National Environmental Policy Act best scientific and commercial Federal protection, and prohibitions information available regarding the past, against certain practices. Recognition The Fish and Wildlife Service has present, and future threats faced by this through listing encourages and results in determined that an Environmental species in determining to make this rule conservation actions by Federal, .State, Assessment, as defined under the final. Based on this evaluation, the and private agencies, groups, and authority of the National Environmental preferred action is to list Pyrgulopsis individuals. The Endangered Species Policy Act of 1969, need not be prepared neomexicana and Tryonia alamosae as Act provides for possible land in connection with regulations adopted endangered without critical habitat. acquisition and .cooperation with the pursuant to section 4(a) of the Threatened status would not ,be States and requires that recovery Endangered Species Act of 1973, as appropriate for these species because actions be carried out for all listed .amended. A notice outlining the they both are .extremely restricted in species. The protection required of Service’s reasons for this determination distribution and are vulnerable to the Federal agencies and the prohibitions was published in the Federal Register on threats described above. The present against taking and harm are discussed, October 25,1983 (48 FR 49244). situation of both species is precarious. in part, below. Even minor improvement of one tiny Section 7(a) of the Act, as amended, References Cited spring could wipe out one of the species requires Federal agencies to evaluate entirely. Critical habitat is not being Hershler, R. and F.G. Thompson. 1987. North their actions with respect to any species American Hydrobiidae (: proposed for the reasons discussed that is proposed or listed as endangered Rissoacea): Redescripfion and systematic below. or threatened and with respect to its relationships of Tyrcmia Sthnpson, 1865 Critical Habitat critical habita t if any is being and Pyrgulopsis Gall and Pilsbry, 1886. designated. Regulations implementing The Nautilus 101(1): 25-32. Section 4(a)(3) of the Act, as amended, this interagency cooperation provision Landye, J4-1973. Status of the inland aquatic requires that, to the maximum extent of the Act are codified at 50 GFR part and semi-aquatic mollusks of the prudent and determinable, that the 402. Section 7(a)(2) requires Federal American southwest. U;S. Department .of Secretary designate critical habitat at agencies to ensure that activities they Interior, Bureau of Sport Fisheries and the time a species is determined to be authorize, fund, or carry out are not Wildlife,(now U.S. Fish and WiLdlife Service), Washington, DC. endangered or threatened. The Service likely to jeopardize the -continued finds that designation of critical habitat Landye, J.j. 1981. Current status of existence of a listed species or to endangered, threatened and/or rare is not presently prudent for these destroy or adversely modify its critical species. Survival of the Socorro mollusks of New Mexico and Arizona. habitat. If a Federal action may affecta U.S. Fish and Wildlife Service, spring snail and the Alamosa springsnail listed species or its critical habitat, the Albuquerque, NM. is completely dependent upon the responsible Federal agency must enter New Mexico Department ¡of Game and Fish. protection of the springs and the into formal consultation with the 1985. Handbook of species endangered in outflows that the species now occupy. Service. The Service has not identified New Mexico. Santa Fe, NM. Vandalism to the springs could extirpate any ongoing or proposed projects with Pilsbry, H.A. 1916. New species of Anmico'Iv the species. Collection for scientific Federal involvement that could affect from New Mexico and Utah. The purposes is a potential threat to these these species. Nautilus 29:111-112. species. Publication of critical habitat The Act and implementing regulations Taylor, D.W. 1087. Fresh water mollusks from descriptions and maps would increase found at 50 CFR 17.21 set forth a series New Mexico and vicinity. New Mexico the vulnerability of both species to of general prohibitions and exceptions Bureau of Mines and Mineral Resources. Socorro, NM. Bulletin 116. collection and vandalism without that apply to all endangered wildlife. significantly increasing protection. No Taylor, D.W. 1983. Report to the s tate of New These .prohibitions, in pant, make it Mexico on a status-investigation of benefit from critical habitat designation illegal for any person subject to the molluscs in Ne w Mexico. New 'Mexico has been identified that outweighs the jurisdiction of the United States to take Department of Game and Fish. Santa Fe. threat of vandalism and collection. All (includes harass, harm, pursue, hunt, NM. Federal Register / Vol. 56, No. 189 / Monday, September 30, 1991 / Rules and Regulations 43S49

Author Regulation promulgation. 2. Amend § 17.11(h) by adding the following, in alphabetical order under The primary author of this final rule is PART 17—[AMENDED] Sonja Jahrsdoerfer, U.S. Fish and “Snails,” to the list of Endangered and Wildlife Service, 222 South Houston, Accordingly, part 17, subchapter B of Threatened Wildlife: chapter I, title 50 of the Code of Federal suite A, Tulsa, Oklahoma 74127 (918/ § 17.11 Endangered and threatened 581-7458 or FTS 745-7458). Regulations, is amended as set forth w ildlife. below: ***** List of Subjects in 50 CFR Part 17 is The authority citation for part 17 Endangered and threatened species, continues to read as follows: (hi * * * Exports, Imports, Reporting and Authority: 16 U.S.C. 1361-1407; 16 U.S.C. recordkeeping requirements, and 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99- Transportation. 625,100 Stat. 3500; unless otherwise noted.

Species Vertebate population Critical Special Historic range where Status When listed habitat rules Common name Scientific name endangered or threatened

Snails • * • * | • Springsnail, Alamosa...... Tryonia alamosae...... U.S.A. (NM)...... NA...... E 442 NA NA Sprinqsnail, Socorro...... Pyrqutopsis neomexicana...... U.S.A. (NM)...... NA...... E 442 NA NA • * * ' *

Dated: September 23,1991. 20240 (phone 703-358-1708 or FTS 921- habitat descriptions indicate preference Bruce Blanchard, 1708; FAX 703-358-2202). for dry coastal areas with grass and Director, Fish and Wildlife Service. SUPPLEMENTARY INFORMATION: prickly pear cactus (Long 1974). [FR Doc. 23460 Filed 9-27-91; 8:45 am] The Maria Island snake also originally Background BILLING CODE 4310-55-M was found on St. Lucia. It has been In the Federal Register of October 5, extirpated from that island for most of 1984 (50 FR 39353-39354), the Fish and the 20th century and was thought to be 50 CFR Part 17 Wildlife Service (Service) issued a extinct until rediscovered in 1973 on BIN 1G18-A836 notice of review of the status of eight Maria Major, an islet off the freshwater turtles, to help determine southeastern coast of St. Lucia. Adults Endangered and Threatened Wildlife whether they should be proposed for attain lengths of 3 feet (one meter) and and Plants; Endangered Status for Six classification as endangered or are colored black to olive-brown, with a Foreign Reptiles threatened pursuant to the Endangered distinct but somewhat variable white/ Species Act of 1973, as amended (Act). It yellow zig-zag pattern of dots and AGENCY: Fish and W'ildlife Service, subsequently was decided to proceed Interior. broken lines continuing to the tail with such proposal for four of these (Dixon 1981). The current habitat of the a c t io n : Final rule. turtles: Brazilian sideneck turtle species on Maria Major is primarily (Phrynops hogei), Cat Island turtle (then s u m m a r y : The Service determines xeric rocklands with scattered trees and known as Trachemys terrapen felis), endangered status for six foreign vines, and small grass and cactus Inagua Island turtle (Trachem ys reptiles: Maria Island ground lizard, meadows (Corke 1983). stejnegeri m alonei), and South Maria Island snake, Brazilian sideneck American red-lined turtle (Trachem ys First described in 1967, the Brazilian turtle, Cat Island turtle, Inagua Island scripta callirostris). The proposal was sideneck turtle is a rare native of the Rio turtle, and South American red-lined published in the Federal Register of Paraiba and Rio Itapemirim drainages in turtle. All occupy very restricted ranges April 25,1990 (55 FR 17469-17473). This southeastern Brazil (Mittermeier et al. and are jeopardized by human habitat 1980). It apparently occupies a restricted disruption and/or direct killing. This proposal also covered two additional reptiles: Maria Island ground lizard range below 1,650 feet (500 meters) in rule will implement the protection of the [Cnemidophonis vanzoi) and Maria the states of Rio de Janeiro, Minas Endangered Species Act of 1973 for Gerais, and southern Espirito Santo these six reptiles. Island snake [Liophus ornatus). The Maria Island ground lizard is now (Rhodin et al. 1982). Its carapace is EFFECTIVE DATE: October 30,1991. restricted to the islets of Maria Major domed and elongated, generally a d d r e s s e s : The complete file for this and Maria Minor, off of the island of St. measures 9 to 13 inches (23 to 34 rule is available for public inspection, by Lucia in the Caribbean, where it was centimeters) long, lacks any keel or appointment, from 8 a.m. to 4 p.m., discovered in 1958 (Baskin and Williams medial groove, and may vary in color Monday through Friday, in room 750, 1966). It probably was exterminated on from light to dark brown (Ernst and 4401 Fairfax Drive, Arlington, Virginia the mainland of St. Lucia through Barbour 1989). Very little ecological 22203. predation by rats and mongooses. research has been done on this species, FOR FURTHER INFORMATION CONTACT: Mature lizards measure 10 to 15 inches but other members of the genus are Dr. Charles W. Dane, Chief, Office of (25 to 38 centimeters) long and are an primarily carnivorous, subsisting on Scientific Authority; Mail Stop: olive green color, with light striping insects, larvae, and small fish, Arlington Square, room 725; U.S. Fish down the back and lines of blue-gray supplemented by available fruit (Rhodin and Wildlife Service, Washington, DC spots along the sides. Most of the early et al. 1982).