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View Full Text Article 19370 Federal Register / Vol. 5c), No. 89 / Wednesday, May 8, 1985 / Rules and Regulations l .- DEPARTMENT OF THE INTERlOR to summer, but most of the reproduction The Endangered Species Act appears to be vegetative. Amendments of 1982 required that a11 Fish and Wildlife SewIce Carex specuicoia is known only from petitions pending as of October 13,1982, sites near Inscription House Ruin on the 50 CFR Part 17 be treated as having been newly Navajo Indian Reservation in Coconino submitted on that date. The species Endangerad and Threatened Wildlife County, Arizona. The plants are found listed in the December 15,1980, notice of and Plan& Determination of Carcx around three shady seep-springs. The review were considered to be petitioned, Specuicola to be a Threatened Species vegetation is pinyon-juniper woodland and the deadline for a finding on those With Critical Habitat at elevations of 1,740-1,824 meters species, including Carex specuicola, (5,707-5,983 feet], with an average was October 13.1983. AGENCY: Fish and Wildlife Service, annual precipitation of approximately On October 13.1983, the petition Interior. 19.4 centimeters (7.6 inches]. Within its finding was made that listing Carex AC~ON: Final rule. habitat Carex is locally common, specuicola was warranted but precluded growing in dense clumps from the by other pending listing actions. in SUMMARY:The Service determines a rhizomes. Each population covers an accordance with section 4(b)(3)(B) (iii) plant, Carex specuicola. to be a area of less than 200 square meters of the Act. Such a finding requires a threatened species under the authority (2,152 square feet) along the outflow . contained in the Endangered Species recycling of the petition. pursuant to from its respective seep-spring. In 1980, section 4(b)(3)(C](i) of the Act. A Act of 1937 (Act), aa amended. Critical all plants were healthy and vigorous proposed rule published April 11,1984 habitat is being designated. This plant (Phillips et al., 1981). occurs in Coconino County, Arizona, on (49 FR 14406), constituted the next Federal actions involving Carex required finding that the petitioned the Navajo Indian Reservation. The specuicola began with Section 12 of the three known populations and their action was warranted in accordance Endangered Species Act of 1973, which with section 4(b)(3)(B)(ii) of the Act. habitat are currently threatened with directed the Secretary of the impacts from livestock grazing and Smithsonian Institution to prepare a Summary of Comments and water development. This action report on those plants considered to be Recommendations implements the protection provided by endangered, threatened, or extinct. This In the April 11,1984. proposed rule (49 the Act. report, designated as House Document FR 14408) and associated notifications, DA=% The effective date of this rule is No. 94-51. was presented to Congress on all interested parties were requested to June 7,1985. January 9.1975. On July 1.1975, the submit factual reports or information ADDRESSEeThe complete file for this Service published a notice in the Federal’ that might contribute to the development rule is available for inspection, by Register (40 FR 27823) of its acceptance of the report of the Smithsonian of a final rule. Appropriate State appointment, during normal business agencies, county governments, Federal hours at the U.S. Fish and Wildlife Institution as a petition within the agencies, scientific organizations. and Service, Region 2,509 Gold Avenue, context section 4(c)(2), now section 4(b)(3)(A), of the Act and of its intention other interested parties were contacted SW., Room 4000, Albuquerque, New and requested to comment. A Mexico. thereby to review the status of those plants. On June 10,1970. the Service newspaper notice was published in the FOR FURTHER INFORMATION CONTACTt published a proposed rule in the Federal Flagstaff, Arizona, Arizona Daily Sun on Peggy Olwell. Botanist. Region 2, Office Register (41 FR 24523) to determine May 9.1984. which invited general of Endangered Species, P.O. Box 1306, public comment. Six comments were . approximately 1,700 vascular plant Albuquerque, New Mexico 87103 (5051 species to be endangered species received, one each from the U.S. Forest 7663972 or Frs 474-3972). pursuant to Section 4 of the Act. Corex Service, the Bureau of Indian Affairs SUPPLEMENTARY INFORYATIOW specuicola was included in the (BIA). the Arizona State Agriculture and Horticulture Department, the Arizona Background Smithsonian petition and the 1976 proposal. General comments received in Wildlife Federation, the International Corex specuicola is a perennial relation to the 1976 proposal were Union for Conservation of Nature and member of the family Cyperaceae (sedge summarized in an April 26,1978, Federal Natural Resources (IUCN), and a family). This species was first collected Register publication (43 FR 7909). professional botanist at the University by J.T. Howell in 1948, and the The Endangered Species Act of Arizona. No public hearing was description was published by him in Amendments of 1978 required that all requested or held. 1949. Carex specuicola has a triangular proposals over 2 years old be None of the comments contradicted s&em25-40 centimeters (IO-16 inches) withdrawn. A l-year grace period was the Service’s findings of rarity or need of high. which extends from an elongate. given to proposals ,already over 2 years protection for Carex specuicola. Two slender rhizome (underground stem). old. In the December 10.1979. Federal commenters. the Forest Service and the The leaves are pale green, l-2 Register (44 FR 70796), the Service BIA. however, did suggest additional millimeters (.CM-.08inches] wide, 12-20 published a notice of withdrawal of the field surveys be conducted to locate centimeters (4.7-7.9 inches) long, and June l&1976, proposal, along with four more plants. The Service agrees that the clustered near the base. The flowers are other proposals that had expired. Carex discctvery of any currently unknown in 24 groups or spikes. The terminal specuicola was included as a category-l populations would be very beneficial, spike has both male and female flowers, species in a revised list of plants under but these three populations were the with the female flowers above the male review for threatened or endangered only ones located in past survey work. flowers. The lateral spikes contain only classification published in the December Three commenters, the Arizona State female flowers. The flowers are reduced 1.51980. Federal Register (45 FR 82480). Agriculture and Horticulture and not showy; they consist of small, Category 1 comprises taxa for which the Department the Forest Service, and the green-brown, scale-like parts 2-3 Service presently has sufficient Arizona Wildlife Federation, suggested millimeters (.oa.12 inches) long and l- biological information to support their fencing be used to exclude livestock 1.5 millimeters (.04-.06 inches] wide. being proposed to be listed as from the three springs where the species Flowering and fruit set occur from spring endangered or threatened species. occurs and that water for livestock then -. _ - __ ., ., x^“.__ . .- Federal Register / Vol. 50, No. 89 / Wednesday, May 8, 1985 / Rules and Regulations 19371 - be piped outside the fenced enclosures. the Endangered Species Act (18 U.S.C. final. Based on this evaluation, the The Service finds that these measures 1531 et seq.) and regulations preferred action is to list Carex may help protect the species, and promulgated to implement the listing specuicofa as threatened with critical watering sights are now found away provisions of the Act (50 CFR Part 424) habitat. Threatened status seems from the Carex locations. The Arizona were followed. A species may be appropriate because of the restricted State Agriculture and Horticulture determined to be an endangered or distribution of the species and the small Department suggested not posting threatened species due to one or more of size of populations which. although they fenced areas or mapping plant habitat the five factors described in section are vigorous and reproducing well, are as these activities could provide locality 4(a)(l) of the Act. These factors and threatened by livestock grazing, habitat information to unscrupulous collectors. their application to Curex specuicola deterioration due to water development, Because Carex specuicola is J.T. Howell are as follows: and livestock trampling of areas around inconspicuous and not subject to A. The present or threatened water sources. Also, the only protection commercial or other trade, the Service destruction, modification, or curtailment for this species is a Navajo Tribal Law does not believe posting fenced areas or of its habitat or range. Carex specuicoia prohibiting study or collection of this mapping habitat will substantially has only been found at its original species without a permit. No other laws, increase the threats to the species. The locality around three seep-springs in the State or FederaI. provide protection to Arizona Wildlife Federation suggested a vicinity of Inscription House Ruin on the this species. monitoring system be established to Navajo Indian Reservation. This habitat critical Habitat ascertain population status, and the BIA is vulnerable to changes resulting from sugges!ed that in any monitoring system water development for livestock. Heavy Critical habitat, as defined by section the effect of erosion be considered along trampling in conjunction with livestock 3 of the Act, means: (i) the specific. areas with other factors that might jeopardize watering already occurs around two of within the geographical area occupied the species. The Service agrees the three seep-springs. An increase in by a species, at the time it is listed in monitoring will be needed to ensure the number of livestock could possibly accordance with the Act, on which are maintenance of the species.
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