16680 Feder&l Register / Vol. 50, No. 81 I Friday, April 26, 1985 I Rules and Regulations

DEPARTMENT OF THE INTERIOR 18 millimeters (S-8 inch) wide, and blue Register (44 FR 70796), the Service or white. The stems are in clumps 25-45 published a notice of withdrawal of the Fish and Wildlife *rvica centimeters (l&18 inches) high, and up June 181976. proposal. along with four to 30 centimeters (12 inches) across other proposals that had expired. 50 CFR Part 17 (Martin and Hutchins, 1981). rhizomatus, however, was Endangered and liveaitkd Wildlife Erigeron rh.komatus grows in a zone included in category 1 on the list of of Chinle shale and associated soils in under review for threatened or and Plants; Final Rule To Determine the pifion-juniper association at 2,190 to Erigeron Rhlzomatus To Be a endangered classification in the Threatened Species 2,499 meters (7,189-7,870 feet) elevation. December 15.1980, Federal Register (45 The Zuni Mountain population is found 'FR 82480). Category 1 refers to taxa for AGENCY: Fish and Wildlife Service, on loose, decaying slopes of the Chinle which the Service presently has Interior. shale formation. However, the majority sufficient information to support the ACTION: Final rule. of the Datil plants occur in the Baca biological appropriateness of their being formation. listed as endangered or threatened SUMMARY: The Service determines a Flowering is from May to June. The , Erjgeron rhizomatus (rhizome species appears to be reproducing well, species. fleabane), to be a threatened species and individuals of all age classes are The Endangered Species Act under the authority of the Endangered present. The clumps of plants are all Amendments of 1982 required that all Species Act of 1973 (Act), as amended. clones. Establishment of new plants by petitions pending as of October 13,1982, Approximately 20 populations are seed is rare, although a large volume of be treated as having been newly known, all of which are in New Mexico. seed is produced (Fletcher, 1978; Sabo, submitted on that date. The species The total number of individual plants is 1981). covered by the December 15,1989, only about 200. This species’ survival is . Most of the populations are close to notice of review were considered to be threatened due to the low number of inactive uranium claims. If exploration petitioned, and the deadline for a plants, its restricted distribution, and the or mining is reactivated, there may be finding on those species, including potential for habitat loss if uranium adverse impacts to the plants. Erigeron rhizomatus. was October 13, mining in the area is ever reactivated. Federal action affecting this species 1983. For Erigeron rhizomatus, the This action implements the protection begati with Section 12 of the Endangered petition finding was made on October provided by the Act for this plant.‘ Species Act of 1973, which directed the 13,1983, that listing was warranted but DA= The effective date of this rule is Secretary of the Smitheonian Institution precluded by pending listing actions in May.28 1984. to prepare a report on those plants accordance with section 4(b)(3)(B)(iii) of considered to be endangered, the Act. Such petitions are recycled ADDRESS: The complete file for this rule threatened, or extinct. This report, under section 4(b)(3)(C)(i) of the Act. is available for inspection during designated as House Document No. 94- The Service published a proposed rule normal, business hours, by appointment 51, was presented to Congress on to Iist Erigemn rhizomatus as a at the Service’s Regional Office of January 9.1975. On July L1975. the Endangered Species, 599 Gold Avenue, threatened species on April 24,1964 (49 Service published a notice in the FedemJ FR 17548), constituting the next l-year S.W., Room 4090, Albuquerque, New Register (40 FR 27823) of its acceptance finding which would have been required Mexico 87103. of the report of the Smithsonian on or before October 13,19&L FOR FURTHER INFORMATION CONTACT: Institution as a petition within the Peggy Olwell, Botanist, Region 2 context of section 4(c)(2) (petition Summary of Comments and Endangered Species Staff, see address acceptance is now governed by section Recommendations above (595/788-3972 or FTS 474-3972). 4(b)(3)(A)) of the Act), and of its In the April 241984, proposed rule (49 SUPPLEWLNTARY INFORMATIOn: intention thereby to review the status of FR 17548) and associated notifications, the plant taxa named therein. On June all interested parties were requested to Background 181978, the Service published a Erigeron rhizomatus is in the aster submit factual reports or information proposed rule in the Federal Register (41 that might contribute to the development family. The species was first collected in FR 24523) to determine approximately of a final rule. Appropriate State McKinley County, New Mexico, by R.C. 1.700 species to be Barneby in 1943 and was described by agencies, county governments, Federal endangered species pursuant to Section agencies, scientific organizations, and A. Cronquist in 1947. Approximately 29 4 of the Act. This list of 1,780 plant populations are now known from two other interested parties were contacted species was assembled on the basis of and requested to comment. A counties in New Mexico. Populations comments and data received by the are known on the Cibola National Forest Smithsonian Institution and the Service newspaper notice was published in the in areas south of Fort Wingate in in response to House Document 94-51 Gallup Independent and The Defensor McKinley County, and on the Cibola and the July 1.1975, Federal Register Chieftain newspapers on May 24,1984, National Forest and adjacent areas publication. Erigeron rhizomatus was that invited general public comment. Six administered by the Bureau of Land included in the July 1,1975, notice of commenta were received. Summaries of Management (BLM) northwest of Datil review and the June 181978, proposal. the comments and the Service’s in Catron County. These are the only General comments received in relation response are discussed below. No public areas in which this Erigemn has been to the 1978 proposal were summarized in hearing was requested or held. found. the April 281978, Federal Register (43 Comments supporting the listing were Erigeron rhizomatus is a perennial FR17909). received from the New York Botanical herb arising from a horizontal The Endangered Species Act Garden, the State of New Mexico underground stem, or rhizome. The Amendments of 1978 required that aB Natural Resources Department, the leaves are narrow and oblong to linear, proposals over 2 years old be International Union for Conservation of up to I centimeter (.4 inch) long and 3 withdrawn A l-year grace period was Nature and Natural Resources, the millimeters (.x! inch) wide, and dark given to proposals already over 2 years Bureau of Land Management (BLM), and green. The flower heads are single, 13- old. In the December 10,1979. Federal the Forest Service. Federal Register / Vol. 50. No. 8% / Friday. April 26.1985 / Rules and Regtitiorm imm -

The National Park Service stated that Q(a)(2)of the Act will hamper threat to the survival of this speciea the proposed listing has no immediate verification of the species’ distribution C. Disease orpdotion. No threat effect upon it, but that, if the plant nor does it agree that this restriction is from disease or predation to this species should be found on National Park not necessary. The Act does provide for is presently known. The scattered Service lands, the Fish and Wildlife issuance of a permit for collection of distribution of Erigeron rhizomatus Service will be notified. plants fo scientific purposes. A permit reduces its susceptibility to disease. The BLM informed Service that a for collection of Erigeron rhizomatus However, if any disease should occur, it population exists on BLM-administered may be obtained from the Service for might seriously reduce the numbers of land adjacent to Cibola National Forest verification of distribution. the plant. northwest of Datil. New Mexico. This Summary of Factors AfFecting the D. The inadequacy of existing regulatorymechanisms. There are no information has been added to the rule. Species The BLM pointed out that it has no After a thorough review and State laws offering protection for information regarding the reactivation of consideration of all available Erigeron rhizomotus. U.S. Forest Service uranium mining claims: however, if the information, the Service has determined (USFS) regulations prohibit taking of claims were to be resumed. the species that Erigeron rhizomatus should be plants on USPS lands (36 CFB 261.9(b)). would be protected from activities that classified as a threatened species. These regulations are difficult to enforce would jeopardize its existence. The BLM Procedures found as section 4(a)(l) of in backcountry situations. commented that fire may be an the Endangered Species.Act (16 U.S.C. E. Other natuml or manmade factors additional threat to Erigeron 1531 et seq.) and regulations affecting its continued existence. Ths r~izomotus. It said it is doubtful that the promulgated to implement the listing limited distribution (two New Mexico rhizome fleabane is adapted to fire, and provisions of the Act (codified at 66 CFR counties) and low numbers of plants a hot fire in adjacent areas may destroy Part 424; as revised to accommodate the (appmximatety 200) make Erigeron or damage plants. In addition, it 1982 Amendments-!he final rule at 49 rhizomatus especially vulnerable to commented that intensive livestock 01 FR 38900, October 1,1984) were habitat disturbances or other stresses. recreational use could damage the followed. A species may be determined The Service has carefully assessed the populations and that these activities to be an endangered or threatened best scientific and commercial might have to be regulated. The final species due to one or more of the fine information available regarding the past, rule has been changed to reflect these factors described in section 4(a)(l] of present, and future threats faced by this comments. the Act. These factors and their species in determining to make this rule The Forest Service, in addition to application to Erigeron rhizomatus final. Based on this evaluation, the supporting the listing of Erigeron Cronquist are as followa: preferred action is to Iist Erigeron rhizomatus as threatened, provided 1966 A. The present or threatened rhizomatus as threatened survey data. It commented on the destruction. modification. or curtaihnent critical Habitat number of populations and individual of its habitat ar range. The main OUTS& Section 4(e)@) of the Act. as emended, plants. The Service concurs with the to Erigeron rhiwmutus are from habitat requires that-to the meximtun exteal Forest Service that it is difficult to disturbance, especially if there is ever a prudent and determinable, the Secretary define a single plant because EL resumption of uranium mining. Mast d designate critical habitat at the time a rhizomatus reproduces by rhizomes and the populations in’the Datil and species is determined to be endangered grows in clumps. The reproductive Sawtooth Mountains occur within 0s or threatened. The Service finds that biology of this species should be studied verpclose to extensive, curreutiy designetion of critical habitat is not to better understand this process. The inactive. uranium ctaims and could be prudent for this species at this time. Forest Service also commented that the destroyed or severely damaged if the Erigeron rhizumotcts occurs dy on U.S. Datil plants are found in the Baca claims are ever reactivated and Forest Service end Bureau of Lend formation (rather than the Chinle). This developed without planning for the Management lends. The Act requires all information has been incorporated into species’ protection. Road construction Federal agencies to carry out programs the final rule. The Forest Service and resulting erosion also could have for the conservation of listed species. believes that the only threat to E&run advek-se impacts on Erigemn rhiwmfxtus The US. Forest Service and BLM are rhizomatus is the uranium mining (Fletcher, 19X%Sabo, 198l),Thc aware of where Erigeron rhizomatus potential and that the only other activity population on BLM-administered land occurs, and will need to continue to take that may disturb the rhizome fleabane’s occurs on an allotment under moderate steps to protect its essential habitat habitat is road construction. However, it cattle grazing use. Trampling end the once the species is listed. Also, eli believes that road construction can be subsequent erosion could damage the Federat agencies, including the U.S. conducted giving full recognition to the population and its habitat [I... MaeInto& Forest Service and BLM, are bound to plant without significant probiems. The BLh4. pers. comm.. 1964). Recreatiti avoid any actions that would jeopardize Forest Service stated that the such as incidentai camping and hunting, any listed species. Therefore, the eradication of E. rhizomatus by disease presents a potential threat to the species determination of critical habitat would is unlikely due to the scattered on BLM land. nat provide any additional benefits for distribution of the plant in two mountain B. Overutilization for commercial, the plants. Critical habitat ranges. The rule has been changed to recreational, scientific. or educotionol determinations and publication of reflect this comment. It also requested purposmErigeron rhizamatus is not detailed maps have the potential of that the provision in the Act prohibiting presently desired by plant collectors. increasing taking pressures or possession of the plant from areas under Collection for scientific study and encouraging vandalism. Publication of Federal jurisdiction not be implemented. threats from overuse are small (Sabo, crifica1 habitat maps for Erigeron It stated that it believes that the 1981). However, plants are more rhizomatus would enable the public to prohibition of collecting would hamper vulnerable than animals to taking locate precisely where pIants occur. and the verification of distribution pressures and because of the low might lead to vandalism, which could information on Erigeron rhizomatus. numbers of Erigeron rhizomatus end its further threaten the species. Because the The Service does not agree that section restricted range, vandalism poses a U.S. Forest Service and BLM know 16682 Federal Register / Vol. 50, No. 81 1 Friday, April 26, 19m / RuJ& and Regulations where Erigenon rhizomatus occurs, and sale this species in interstate or foreign Literature Cited will need to continue to protect its commerce. Seeds for cultivated habitat, and because a determination of Cronquist A. 1947. A revision of the North specimens of threatened plant species American speciesof Erigeron north of critical habitat might impose further are exempt from these prohibitions Mexico. Brittonia 6~121-302. threat to the plants, determination of provided that a statement of “cultivated Fletcher, R. 1978. Statusreport: Erigeron critical habitat is not considered origin” appears on their containers. rhizomotus. U.S. Forest Service, Region 3. prudent. Certain exceptions can apply to agents Albuquerque, New Mexico. 5 pp. Available Conservation Measms of the Service and State conservation Martin. W.C. and Hutchins, C.R. 1981. A Flora of New Mexico. 1.Cramer. Germany. xiii Conservation measures provided to agencies. The Act and 50 CFR 17.72 also provide for the issuance of permits to + 259 pp. species listed as endangered or carry out otherwise prohibited activities Sabo, D.G. 1981.Status report: Erinerun threatened under the Endangered rhizomatus. Office of Endangered Species. Species Act include recognition, involving threatened species, under U.S. Fish and Wildlife Service, recovery actions, requirements for certain circumstances. International and Albuquerque, New Mexico. 16 pp. interstate commercial trade in Erigeron Federal protection, and prohibitions Authors, against certain practices. Recognition rhizomotus is not known to exist. It is through listing encourages and results in not anticipated that many trade permits The primary authors of this final rule conservation actions by Federal, State, involving plants of wild origin would are Peggy Olwell and Alisa Shull, and private agencies, groups, and ever be issued since this plant is not Endangered Species staff, US. Fish and individuals. The Endangered Species common in the wild and is not presently Wildlife Service, Department of the Act provides for possible land in cultivation. Interior, P.O. Box 1306. Albuquerque. acquisition and cooperation with the Section 9(a)(2)(B) of the Act, as New Mexico 87103 (505/788-3972 or FrS States and requires that recovery amended in 1982, states that it is 474-3972). Status information and a actions be carried out for all listed unlawful to remove and reduce to preliminary listing package were species. Such actions are initiated by the possession endangered plant species provided by D.G. Sabo, P.O. Box 2207. Service following listing. The protection from areaa from Federal jurisdiction. Albuquerque, New Mexico 87103. E. required of Federal agencies and the Section 4(d) allows for the provisions of LaVerne Smith of the Office of prohibitions against taking are such protection to threatened species Endangered Species served as editor. through regulations. This protection will discussed, in part. below. - List of Subjects in 50 CFR Part 17 Section 7faI of the Act. as amended. apply to Erigeron rhizomotus once requires Fe&&al agencies to evaluate. revised regulations are promulnated. Endangered and threatened wildlife. their actions with respect to any species Proposed regulations impleme&ng this Fish, Marine mammals, Plants that is proposed or listed as endangered prohibition were Wblished on Iulv 8. (agriculture). or threatened. Regulations implementing i983 (48 FR 31417), and it is aniicibaied this interagency cooperation provision that these will be made final following Regulation Promulgation of the Act are codified at 50 CFR Part public comment. Erigeron rhizomatus is 402 and are now under revision (see known only from Federal lands. PART lf--fAWENDEDJ proposal at 48 FR 29990; June 29,1983). Requests for copies of the regulations on Accordingly, Part 17. Subchapter B of Section 7(a)(2) requires Federal agencies plants and inquiries regarding them may Chapter I, Title 50 of the Code of Federal to ensure that activities they authorize, be addressed to the Federal Wildlife Regulations, is amended as set forth fund, or carry out are not likely to Permit Office, U.S. Fish and Wildlife below: jeopardize the continued existence of a Service, Washington, D.C. 20240 (703/ 1. The authority citation for Part 17 listed species or to destroy or adversely 235-1903). reads as follows: modify its critical habitat. If a Federal National Environmental Policy Act action may affect a listed species or its Authority: Pub. L 93-205.87 Stat. ~84:. Pub. critical habitat, the responsible Federal The Fish and Wildlife Service has L. 94-359, 90 Stat. 9ll; Pub. L. 95-632, 92 Stat. agency must enter into formal determined that an Environmental 3751; Pub. L. 90-159.93 Stat. 1225: Pub. L. 9?- consultation with the Service. Erigeron Assessment, aa defined by the National 304.96 Stat. 1411 (16 USC. 1531 et seq.). rhizomatus is known only from U.S. Environmenlal Policy Act of 1989, need Forest Service and BLh4 lands. There are not be prepared in connection with 2. Amend 5 17.12(h) by adding the uranium mining claims in the vicinity of regulations adopted pursuant to ‘section following, in alphabetical order, under the majority of the populations in both 4(a) of the Endangered Species Act of the family . to the List of the Datil and Sawtooth Mountains. The 1973, as amended. A notice outlining the Endangered and Threatened Plants: claims are presently inactive. If Service’s reasons for this determination 4 17.12 Endangered and threatened exploration or a resumption of mining was published in the Federal Register on planta were to occur, there is potential for October 251983 (48 FR 49244). t l * 1 l Federal involvement. The Act and its implementing (h) l l l regulations found at 50 CFR 17.71 and 17.72 WC= Wbll cntcal Special set forth a series of general trade Histm range SlatUS lISted habttat rules prohibitions and exceptions that apply scbmfic name -name to all threatened plant species. With ...... respect to Erigeron rhizomatus, all trade ASTERAGEAE-Astw Fan*y: . . . . prohibitions of section 9(a)(2) of the Act, Erigera, r’hz~lus ...... _.__.__.Ahizm ftabme ..__,.___...... ___.. USA (NM) ..__.T 177 NA NA implemented by SOCFR 17.71, apply...... These prohibitions, in part, make it illegal for any person subject to the Dated: March 25.1985. jurisdiction of the United States to J. Craig Petter, import or export, transport in interstate Assistant Secretary for Fish and Wildlife and Parks. or foreign commerce in the course of a [FR DOC. 85-10203Filed 4-2565; 8~45am] commercial activity, or sell or offer for BklJNa CorMt4310-5cy