~ ~ 559&~ FiIj~ ~ / ~ *~N~1 Thju~u~P%~ 25, 1988 1 Proposed Rules

aster~a wet peafrie’ perennial, as a threateneds~~’eeiesinider the authirity of theEhthn!ered Actof19~3, as amended. Twelve populations are knownto be extent in five counties, and two populations, orta of which is divided into two subpopulatkons, are knownin one county. The is believed extirpated from 13 othercounties in Illinois and three counties in Missouri. It is threatened by destruction and modification of the floodplain forest along the Illinois and Mississippi rivers due to wetland drainage and agricultural expansion. Because of extensive row crop cultivation within the watersheds of these rivers, habitat of the decurrent false aster is continually being modified or destroyed by heavy siltation. This proposed rule,ifmade final, will extend the Act’s protection to decurrens. Critical habitat is not proposed forthis plant The Service seeks data and comments from the public on this proposed rule. DATES: Comments from all interested parties must be recieved by April 25, 198& P~blichearingrequests must be received by April 11, 1988. ADDRESSES: Comments and materials concerning this proposal should be sent to the Endaegered Species Division, US. Fish and Wlb~ffeService, Federal Building, Fort Snelling. Twin Cites, Minnesata 55111. Comments and materials received will be availabLe for public inspecifon. by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT James M. Engel,Endangered.Species Coordinator (see ADDRESSES section) at 612/725—3276 or FRS 725—3276~ SUPN.EMaNTARY INFOR*SATIOIe Background Boitonia decurrens, a member of the Aster family was reeognmed as a disthlct .peciesbyrSchwagman and Nyboer (1985). H~ewr~the taxon has gone be mouynames in the past. Torrey and Gray (1&tlJ fhet described it as Fish and Wildlife ServIce Boik,niu gkistifi~11aL’Hec beta decwrs’nr. Subsequently. Wood (18691 50 CFR Part 17 described it asBc/tonic decwTens~ Engleman (1884) a,B~asteroides (L) Endangered and Threatened Wildlife L’Her. var. decurreno end Femald and and ; Proposal To D*termhie Griscem (1510) consIdered itA Boltonla decurrens(D.currentfalse Iati~.zamev~deerzrrens. According to aster) to Bs .Thr.atsnad Species Schwegmsn and Nybeer (19653b most AGENCY: FISh and WI&5I4Serrine~ taxonomists considered the one Interior. distinctivefeature of the faxonto be leaf ACTION: Proposed rule. base. that me decament dewn the stem. However, Fernald and Grisconr (1940) suu~ The Service proposes to list attached mole significance to the Boitonia decurrens (Decurrent false underground parts and qualified their Federal Register / Vol. 53, No. 37 / Thursday, February 25, 1988 I Proposed Rules 5599 treatment of Boltonia latisquama var. were plowed up and one succumbed to The Endangered Species Act decurrens pending ftirther analysis of forest succession), but two new Amentments of 1982 required that all the underground parts of Bo/tonia. Thus, populations were discovered. These 12 petitions pending as of October 13, 1982, Schwegman and Nyboer (1985) Illinois populations are located along the be treated as having been newly undertook a comprehensive study of the in Morgan, Schuyler, submitted on that date. The deadline for roots and rhizomes of Boltonia Fulton, and Marshall counties, and one a finding on those petitions, including asteroides var. recognita and Boltonia along the in St. Clair the one for B. decurrens, was October riecurrens and concluded that B. County. In addition, two populations are 13, 1983. On October 13, 1983; October decurrens is clearly separated from B. presently known from St. Louis County, 12 1984; October 11, 1985; October 10, asteroides var. recognita by its Missouri (S. Morgan, Missouri 1986; and again on October 13, 1987; the decurrent leaves and the lack of long Department of Conservation, pers. petition finding was made that listing B. white creeping rhizomes, Schwegman comm., and B. Stebbins, Fish and decurrens was warranted but precluded and Nyboer (1985) observed that where Wildlife Service, pers. comm.). by other pending listing actions, in and Boltonia Schwegman and Nyboer (1985) report accordance with section 4(b)(3)(B)(iii) of asteroides var. recognita were found that the extant populations in Illinois the Act. Such a finding requires a growing together, the former never had are found in disturbed alluvial soil recycling of the petition, pursuant to rhizomes, and the latter always habitats such as old agricultural fields, section 4(b)(3)(C)(i) of the Act. This produced them. roadsides, and disturbed lake shores. proposed rule constitutes the final Boltonia decurrens, a perennial, The plant is found in similar habitat finding on the petitioned action in reproduces both vegetatively, by (disturbed areas) in Missouri (J.H. accordance with section 4(b)(3)(B)(ii) of producing basal shoots, and sexually. It Wilson, Missouri Department of the Act. will grow to a height of 1.5 meters (59 Conservation, pers. comm.). Summary of Factors Affecting the inches). sometimes reaching heights of Kurz (1981) identifies associated open Species more than two meters (79 in.). It is forest species of Boltonia decurrens to characterized by conspicuous decurrent include Acersaccharinuin, Populus Section 4(a)(1) of the Endangered leaves that are linear to lanceolate, deltoides, Platanus occidentalis, Betula Species Act (16 U.S.C. 1531 et seq.) and about 5—15 cm (2—6 in.) long and 5—20 nIgra, Salix nigra, and Acernegundo. regulations promulgated to implement mm (.2—.8 in.) wide. The lower leaves are Herbaceous associates are Polygonum the listing provisions of the Act {50 CFR generally broader and longer. The pensylvanicum. Leersia oryzoides, Part 424) set forth the procedures for is branched and Xanthium strumarium, and Bidens adding species tothe Federal lists. A somewhat leafy with several aster-like aristosa. Because of frequent flooding, speciesmay be determinedto be heads with yellow disks 7—14 mm (.3—.8 both the overstory and understory are endangered or threatened due to one or in.) wide. The rays are white to purple often open. more of the five factors described in (more frequently purple or violet than was first section 4(a)(1). These factors and their white) and 1—1.8 cm (.4—.7 in.) long. recommended for Federal listing as a application to Boltonia decurrens (Torr. Aster-like flower heads about the size of threatened species by the Smithsonian & Gray) Wood are as follows: a quarter-dollar appear on the tallbushy Institution in its December 15, 1974, A. The Present or Threatened plants from July to October. report to Congress, “Reporton Destruction, Modification, or Boltonia decurrenswas first collected Endangered and Threatened Plant Curtailment of its Habitat or Range by Dr. Short about 1841 in habitat Species ofthe .” On July 1, Boltonia decurrens is threatened by described as “wet prairies of Illinois”. 1975, the Servicepublished a notice in the elimination and modification of its Subsequent investigators, Morgan the Federal Register (40 FR 27823) of its floodplain habitat. Schwegman and (1980), Kurz (1981), and Schwegnian and acceptance of the Smithsonian Nyboer(1985) attribute this to the Nyboer (1985) list habitat as disturbed Institution report as a petition within the elimination ofwet prairies and marshes alluvial ground and open muddy shore context ofsection 4(c){2) (petition for agricultural development. As a result of the floodplain forest along the acceptance is now governed by section of the increased agricultural activities, Mississippi and Illinois rivers. 4(b)(3) of the Act). On December 15, flooding schemes have changed and historically, B. decurrenshas been 1980, the Service published a revised siltation has increased. Schwegman and known from this type of habitat along a notice of review for native plants (45 FR Nyboer (1985) also cite extensive 400-km (250-mile) stretch of river 82480). Boltonia asteroides var. rowcrop agricultural practices and floodplain from LaSalle, Illinois, on the decurrenswas included in that notice as numerous systems that increase Illinois River, downstream to St. Louis, a category 2 species. the amount ofsilt deposited on river Missouri, on theMississippi River. An Category 2 species are those for which banks during , and contribute to outlying record, reported in 1976 but not the Servicebelieves additional data the problem.The increased amount of relocated since, is known from Cape must be obtained before a proposal to siltation is considered to be the main Girardeau, Missouri, about 195 km (120 list is warranted. On September 27, 1985 factor in the reduction of Boltonia miles) down the Mississippi River from (50 FR 39526), the Service again decurrens. Schwegnian (Ambrose 1986) St. Louis (Schwegman and Nyboer1985). publisheda revisednotice for native explains that the plant prefersmoist, It is thought to be extirpated from plants in the FederalRegister~Boltonia sandy areas, normally found around thirteen counties in Illinois. asteroides var. decurrens was included natural lakes in the Illinois River Extensive surveys for the plant were in that notice as a category 2 species. floodplain, however, these areas now conducted from 1980 to 1985 by The treatment of Boltonia decurrens by receive two tothree inches of silt per Schwegman and Nyboer (1985). These Schwegmanand Nyboer in 1985, and year, preventing seed germination. surveys located a total of13 populations status information received since the Before the river carried so much silt, the in Illinois. Schwegman (pers. comm.) September27, 1985 (50 FR 39525), notice sandiershores of lakes and streams reports a 1986 total of 12 populations in Indicates that proposing to list Boltonia were suitable for seedgermination and illinois; three previously known decurrens as a threatened species is maintenance of this species. Schwegman populations having disappeared (two warranted. (Ambrose 1986) expects that the only 560G Federal Register / Vol. 53, No. 37 1 Thursday, February 25, 1988 / Proposed Rules remaining populations of Boltonia administered by the Corps of Engineers. outweigh the potential threat of decurrens occur in areas’where Although plants are found on public vandalism or collection, which might be agricultural~practices maintain proper lands, there is no guarantee of exacerbated’ by the publication of conditions. for seed germination. protection without specific management detailed critical habitat maps. Without this manipulation, and in the plans for Baltorria decurrens. The Available Conservation Measure, absence of silt-free flooding, the species Endangered Species Act offers is not self sustaining. Effects of flooding possibilities for additional protection of Conservation measures provided to on the distribution of Boltonia decurrens this taxon’through section 6 cooperation species listed as endangered or are not well understood. Research is between the States and the Service, and threatened under the Endangered needed to provide a better through section 7 (interagency Species Act include recognition, understanding of the plants survival cooperation) requirements. The recovery actions, requirements for capabilities. Kurz (1981) believes that Endangered Species Act would afford Federal protection, and prohibitions siltations is apparently more severe now additional protection to Bolto.rria against certain practices. Recognition than in pre-settlement times. Increased decurrens. through listing encourages and results in use of herbicides may also have E. Other Natural orManmade Factors conservation actions by Federal, State, potential detrimental affects, but more Affecting Its Continued Existence and private agencies. groups, and study is needed. Because Baltonia decurrens seems to individuals. The Endangered Species Four of the 14 known extant thrive in disturbed areas, the Act provides for possible land aquisition populations ofB~decurrens occur on inadvertent destructioe of plants in the and cooperatian with the States and public lands~three- on Illinois State course of normal agricultural activities requires that recovery actions be carried lands and one on ArmyCorps of will continue to plaguethe species’ out for all listed species. Such actions Engineers lands in St. Charles County, survival (Schwegmaa and Nyboer 1985). areintitiated by the Service following Missouri. Management plans are being According to Schwegman(Ambrose listing. Some may be undertaken prior to developed for the Boltonia decurrens 1986), the threat of a severe floodsuch listing, cicumstances permitting. populations found on Illinois State as the one in 1981 that inundated the Potential habitat management actions lands. The Corps of Engineers may soon Illinois floodplain and deposited large that might benefitBoltonia decurrens enter into a Cooperative management amounts ofsilt still exists. For several include~developing and implementing agreement with theMissouri years after that it’ was feared that protection plans forpublicly owned Department of Conservation on one of B. decurrens was gone forever. In areas; establishing a monitoring systenz the areas in St. Charles County, Illinois. the taxon is only known from censusing all known populations; and Missouri. Soil manipulation on selected disturbed habitat. Nearly all theknown establishing controlled till plots to sites within these areas will help us to populations are found in habitat kept monitor seedling emergence after better understand reproductive open by occasional cropping. Research cultivation. The protection required of requirements of this taxon. Over70 is needed to better understand the Federal’agencies and the prohibitions percent of theknown populations of amount of disturbance and habitat against collecting are discussed, in part. Boltonia decurrens are found on private alteration theplant caa tolerate~ below. The Servicehas. carefully assessed the lands and receive noprotection or Section 7(aJof the Act, as.amended, management consideration best scientific and ctxnm,erciat requires Federal agencies to evaluate B. Overuti/ization for Commercial, information available regarding the past. their actions with respect to any species Recreational, Scientific or gducational present, and future ~eats faced by this Purpose3 species indetermiaii~tapropose this that is proposed or listed as endangered Commercial trade of this plant is not rule. Over 7Gpercent oLthe 14 known or threatened and with respect to its critical habitat, if any is being known to exist, but collection could populations are on~piivateIyowned reduce populations inmore accessible property ansi receive na protection or designated. Regulations implementing sites. management desi~edte enhance the this interagency cooperation provision C. Disease or Predation species’ continued existence of theAct are codified at 5(1 CFR Part None known that affects this taxon. Based on. this evaluation, the 402. Section 7(a)f41 requires Federal D. The Inadequacy of Existing preferred. action is to.list H. decw’rens as agencies to confer informally with the Regulatory Mechanisms threatened, as opposed to endangered~ Service on any action that is likely to Boltonia decorrens is not presently because- the species is not in danger of jeopardize thecontinued existence of a recognized by theState of Illinois as immediate extinction, bet does have a proposed species or result in destruction being endangered or threatened, restricted’ range and i’s confronted by a or aderse modification of proposed however it is currently under review for number of problems. For reasons critical habitat. ha speciesis listed addition to the State’s threatened list detailed below, it is not considered subsequently. section 7(aX2I requires The plant is listed as endangered by prudent to propose designation of Federal agencies to ensure that Missouri, where State regulations critical habitat. activities they authorize, fund, or carry prohibit exportation. transportation, or out arenot likely to jeopardize the sale of plants on the State or Federal Critical Hahitat continued existence of such a species or lists. Collecting, digging, or picking any Section 4[a)~3)of the Act, as amended, to destory or adversely modify its rare or endangered plant without requires that to the maximum extent critical habitat. If a Federal action may permission of the property owner is also prudent and determinable, the Secretary affect a listed species, the responsible prohibited. While’ approximately 20 designate any habitat of a species that is Federal agency must enter intu formaL percent of the known populations of considered to be eri$fcai habitat at the consultation with the Service. The U.S. Boltonia decurr’ensare located upon time thespecies is determined to be Army Carp of Engineers has jurisdiction land owned by the State of Illinois. and endangered or threatened. The Service overone of the Bo!tonirr decurrens receive somefonn of protection’, a believe, that designation of critical populations in St. Charles county, majority ofthe known populations are, habitat for Boltariia decurrens’would Missouri. as yet. unprotected. One of the not be prudent because no benefit to the The Act and its implementing populations’luts~ssouriisfotmil on land’ species can be identified that would regulations found at 50 CFR 17.71 and Federal Register / Vol. 53, N~.37 I Thursday. February 25, 198$ / Proposed Rules 5601

17.72 set forth a series of general trade threat (or lack thereofl to Boltonia Fernald, M. and L Griscorn. 1940. A century prohibitions and exce,ptions that apply decurrens; of additions to the flora of . to all threatened plant species. With (2) The location of any additional Rhodora 42:355—416. 419—482, 503—521. respect to Boltonia decurrens, all trade Kurz, D.R. 1981. Status report on Boltonia populations of Boltonia decurrens and asteroides var. decurrens in illinois. prohibitions of section 9(a)(2) of the Act, the reasons why any habitat of this Unpublished report, 9 pp. implemented by 50 CFR 17.71 would species should or should not be Morgan, S.W. 1980. Status report on So/ton/a apply. These prohibitions, in part, make determined to be criticalhabitat as asteroides var. decurrens in Missouri. it illegal for any person subjet to the provided by section 4 of the Act; Unpublished report, 13 pp. jurisdiction of the United States to (3) Additional information concerning Schwegman, J.E. and R.W. Nyboer. 1985. The import or export, transport in interestate the range and distribution of this taxonomic and population status of of foreign commerce in the course of a species; and Boltonia decurrens. Castanea 50 (2):112— commercial activity, or sell or offer for 115. sale this species in interstate or foreign (4) Current or planned activities in the Schwegman. J.E. 1984. 1984 status report on commerce. Seeds from cultivated subject area and the possible impacts on Boltonia decurrensin Illinois, Unpublished specimens are exempt from these Boltonia decurrens. report, 4 pp. prohibitions provided that a statement Final promulgation of a regulation on Torrey, J. and A. Gray. 1841. Flora of North Boltonic decurrens will take into America. 2:188. Wood, A. 1869. Class-Book of “cultivated origin” appears on their of Botany. p. 430. containers. Certain exceptions would consideration the comments and any apply to agents of the Service and State additional information received by Author the Service, and such communications conservation agencies. The Act and 50 The primary author of this rule is CFR 17.72 also provide for the issuance may lead to adoption of a final of permits to carry out otherwise regulation that differs from this William F. Harrison (see ADDRESSES prohibited activities involving proposal. section). endangered species under certain The Endangered Species Act provides List of Subjects in 50 CFR Part 17 circumstances. International and for a public hearing on this proposal, if interstate commerce in Boltonia one is requested. Requests must be filed Endangered and threatened wildlife, decurrens is not known to exist. It is within 45 days of the date of the Fish, Marine mammals, Plants anticipated that few trade permits proposal. Such requests must be made in (agriculture). would ever be sought or issued, since writing and addressed to the Regional Accordingly, it is hereby proposed to this plant is not common in cultivation Director, U.S. Fish and Wildlife Service, amend Part 17, Subchapter B of Chapter or in the wild. Requests for copies of the Federal Building, Twin Cities, I, Title 50 of the Code of Federal regulations on plants and inquiries Minnesota 55111. Regulations, as set forth below: regarding them may be addressed tothe Office of Management Authority, P.O. National Environmental Policy Act PART 17—EAMENDEDI Box 27329, U.S. Fish and Wildlife The Fish and Wildlife Service has 1. The authority citation for Part 17 Service, Washington, DC 20038-7329 determined that an Environmental continues toread as follows: (202/343—4955). Assessment, as defined under the Authority~Pub. L 93—205, 87 Stat. 884; Pub. Public Comments Solicited authority ofthe National Environmental L. 94—359, 90 Stat. 911; Pub. L 95—632, 92 Stat. Policy Act of 1969, need not be prepared The Service intends that any final rule 3751; Pub. L. 96—159, 93 Stat. 1225; Pub. L 97— adopted will be accurate and as in connection with regulations adopted 304, 96Stat. 1411 (16 U.S.C. 1531 etseq. ); Pub. pursuant to section 4(a) of the L 99—625, 100 Stat. 3500 (1988), unless effective as possible inthe conservation Endangered Species Act of 1973, as otherwise noted. of endangered and threatened species. amended. The reasons for this Therefore, any comments or suggestions determination were published in the 2. It is proposed to amend § 17.12(h) from the public, other concerned FederalRegister on October 25, 1983 (48 by adding the following, in alphabetic governmental agencies, the scientific FR 49244). order under the family . to community, industry, or any other the List of Endangered and Threatened interested party concerning any aspect References Cited Plants: of this rule, are hereby solicited. Ambrose, D. 1986. Rareflowers such as these. Comments particularly are sought § 17.12 Endangered and threatened Outdoor Highlights. illinois Department of plants. concerning: Conservation. 14(8):6—9. * * * * * (1) Bioligical, commercial trade, or Englemann, G. 1884. in Gray, A synoptical other relevant data concerning any flora ofNorth America 1(2):166. (h) * • * 5602 Federal Register I Vol. 53, No. 37 / Thursday, February 25, 1988 / Proposed Rules

Species Hist~range Statue When listed Cntjcal Special Scientific name Common name habitat rules

Asteraceae—Aster family: .

Ba/ton/a decurrens Decurrent false aster U.S.A. (IL,MO) I * NA NA

Dated: January 13. 1988. Susan Recce, Assistant Secretaryfor Fish and Wildlife and Parks. (FR Doc. 88—3949 Filed 2—24—88; 8:45 amj BILLING CODE 4310-55-M