Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules 42973 minute topographic quadrangle. Other of 1973, as amended (Act), because the the top of the calyx. Flowering occurs boundaries are based upon the Public Land endangered designation no longer from mid-May to early June, and fruits Survey System. Within the historical correctly reflects the current status of mature in June and early July. boundaries of the Canada De Los Osos Y this plant. This proposed Bridges (1984) stated, ‘‘The genus Pecho Y Islay Mexican Land Grant, Scutellaria can be easily recognized by boundaries are based upon section lines that reclassification is based on the are extensions to the Public Land Survey substantial improvement in the status of its distinctive calyx, with a protrusion, System developed by the California this species. Since listing, 22 additional or ‘cap’ on the upper lobe.’’ Scutellaria Department of Forestry and obtained by us sites have been discovered, and the total montana could be confused with other from the State of California’s Stephen P. known number of individuals has species of Scutellaria. Bridges (1984) Teale Data Center. Township and Range increased from about 6,700 to more than also listed some important characters of numbering is derived from the Mount Diablo 48,000. This proposal, if made final, Scutellaria montana: (1) A terminal Base and Meridian. would implement the Federal protection inflorescence; (2) a large corolla at least Map Unit 1: T. 29 S., R. 10 E., all of section and recovery provisions for threatened 2.5 cm (1 in) long; (3) tapering or 35 above mean sea level (MSL); T. 30 S., R. truncate (ending abruptly) leaf bases, 10 E. All portions of sections 1, 2, 11, 12, 14, plants as provided by the Act, to large- never cordate (heart shaped); (4) a 22, and 27 above MSL, SW1⁄4NW1⁄4 section flowered skullcap. We are seeking data 13 above MSL, W1⁄2NW1⁄4 section 24, all of and comments from the public. midstem with at least some stipitate section 23 above MSL except S1⁄2SE1⁄4, DATES: Comments from all interested (short stem) glandular hairs; (5) no NW1⁄4NW1⁄4 section 26, N1⁄2N1⁄2 section 34. parties must be received by September sessile (without a footstalk of any kind) Map Unit 2: T. 30 S., R. 10 E., E1⁄2NE1⁄4 glands on the upper leaf surface, (6) a 3 1 11, 2000. Public hearing requests must section 24; T. 30 S., R, 11 E., E ⁄4N ⁄2 section be received by August 28, 2000. fairly densely pubescent (hairy) lower 19. leaf surface, often with glandular hairs; Map Unit 3: T. 30 S., R. 11 E., All of NE1⁄4 ADDRESSES: Comments, materials, and requests for a public hearing concerning and (7) a corolla tube lacking an section 7 above MSL; in section 8, annulus within. NW1⁄4NW1⁄4, S1⁄2NW1⁄4, SW1⁄4, and this proposal should be sent to the State Dr. A. W. Chapman described NW1⁄4SE1⁄4. Supervisor, Asheville Field Office, U.S. Scutellaria montana in 1878. Since 2. Within these areas, the primary Fish and Wildlife Service, 160 Zillicoa constituent elements include, but are not then, the taxonomy of Scutellaria Street, Asheville, North Carolina 28801. montana has undergone a period of limited to, those habitat components that are Comments and materials received will essential for the primary biological needs of debate. Penland (1924) reduced the foraging, sheltering, reproduction, and be available for public inspection, by taxon to a variety of Scutellaria serrata. dispersal. The primary constituent elements appointment, during normal business Leonard (1927) later reinstated the for the Morro shoulderband snail are the hours at the above address. species, but he made no distinction following: sand or sandy soils; a slope not FOR FURTHER INFORMATION CONTACT: Mr. between Scutellaria pseudoserrata and greater than 10 percent; and the presence of, J. Allen Ratzlaff at the above address, by or the capacity to develop, coastal dune scrub Scutellaria montana (Collins phone at 828/258–3939, Ext. 229, or by unpublished). Epling (1942) restored the vegetation. E-mail at [email protected]. 3. Critical habitat does not include existing taxon to full species status and clarified developed sites consisting of buildings, SUPPLEMENTARY INFORMATION: the questions regarding the taxonomic roads, aqueducts, railroads, airports, paved Background differences between Scutellaria areas, and similar features and structures. pseudoserrata and Scutellaria montana. Scutellaria montana is a perennial Dated: June 29, 2000. In the field, Scutellaria montana is herb with solitary, erect, four-angled, most likely to be confused with Donald J. Barry, hairy stems usually from 30 to 50 Scutellaria pseudoserrata. The two Assistant Secretary for Fish and Wildlife and centimeters (cm) (11 to 19 inches (in)) species have a similar range and habitat Parks. tall. The leaves are lanceolate (shaped and are sometimes found growing [FR Doc. 00–17257 Filed 7–11–00; 8:45 am] like a lance-head, several times longer together. Scutellaria montana is the BILLING CODE 3410±55±P than wide, broadest above the base and only species of Scutellaria that lacks an narrowed to the apex) to ovate (egg- annulus within the corolla tube. shaped, with the broader end at the Further, Scutellaria pseudoserrata has DEPARTMENT OF THE INTERIOR base), on 1 to 2 cm (0.4 to 0.8 in) transparent sessile glands on the upper Fish and Wildlife Service petioles (the stalk of a leaf that attaches leaf surface and hairs only on the veins it to the stem), with blades (the and leaf margins. In contrast, Scutellaria 50 CFR Part 17 expanded portion of a leaf) 5 to 8 cm (2 montana has a fine, even-mixed to 3 in) long and 3 to 5 cm (1 to 2 in) glandular and nonglandular ‘‘velvety’’ RIN 1018±AG07 wide. The leaf margins (the edge of the pubescence on the upper and lower leaf leaf) are crenate (rounded, tooth-like surface. Two other skullcaps that can Endangered and Threatened Wildlife edges) to serrate (having sharp teeth occur in the same region are Scutellaria and Plants; Proposed Reclassification pointing forward) and hairy on both elliptica and Scutellaria ovata, both of of Scutellaria montana (large-flowered surfaces. The inflorescence (the which have smaller flowers and skullcap) from Endangered to flowering part of a plant) is a terminal branching inflorescences. Scutellaria Threatened (at the end of the stalk), leafy-bracted (a elliptica tends to have leaf margins with AGENCY: Fish and Wildlife Service, ‘‘modified’’ leaf) raceme (simple flower), rounded teeth and noticeably longer Interior. with or without paired lateral racemes hairs on the leaf, and Scutellaria ovata ACTION: Proposed rule. at the base. The calyx (the outer part of has strongly cordate leaf bases and the flower) is two-lobed with a ‘‘cap’’ flowers later in the season. SUMMARY: The U.S. Fish and Wildlife just above the base of the upper lobe The pollination biology of this species Service (Service) proposes to reclassify (characteristic of the genus Scutellaria). has not been described. Collins Scutellaria montana (large-flowered The corolla (petals) is relatively large, (unpublished) and Cruzan (Shea and skullcap) from its present endangered 2.6 to 3.5 cm (1 to 1.4 in) long, blue and Hogan 1998) observed bees (Apiodea) status to threatened status under the white, and lacking a fleshy ridge visiting plants, and Kemp and Knauss authority of the Endangered Species Act (annulus) within the corolla tube near (1990) observed butterflies, wasps, and

VerDate 112000 21:49 Jul 11, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4702 Sfmt 4702 E:\FR\FM\12JYP1.SGM pfrm08 PsN: 12JYP1 42974 Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules hummingbirds occasionally visiting the well-consolidated paleozoic to considered self-sustaining, or viable if it plants. precambrian strata, often with some has a minimum of 100 individuals. Scutellaria montana is known from exposed rock. Georgia is now known to have 15 the southern portion of the Ridge and Forest composition data has been populations. In Floyd County, there are Valley Physiographic Province in collected on sites in the Marshall Forest 7 known populations that range in size Marion and Hamilton Counties in and Marion County populations from a few plants to about 1,300 plants. Tennessee; Dade, Floyd, Chattooga, (Faulkner 1993; Collins, unpublished; Three of these populations are Gordon, Catoosa, and Walker Counties Lipps 1966). Data from the sites where considered self-sustaining. Two of the in Georgia; and the Cumberland Plateau Scutellaria montana was first studied three self-sustaining populations are Province in Sequatchie, Marion, and indicated that it occurred in late- protected on lands owned by The Hamilton Counties in Tennessee. successional forests. Studies of other Nature Conservancy. Catoosa County, According to Bridges (1984), the sites suggest that it is more of a mid- to Georgia, is currently known to have 4 geological strata underlying the sites for late-successional species (Bridges 1984; populations ranging in size from 10 to Scutellaria montana include most of the Collins, unpublished; Lipps 1966). At a about 200 plants. One population (100– major slope-forming formations of the Marion County, Tennessee, site, 200 plants) is self-sustaining and is region: shale, chert, limestone, and Faulkner (1993) observed Scutellaria protected (Catoosa County Park). Walker sandstone from Cambrian to montana persisting in an area where County, Georgia, has 2 populations of 5 Pennsylvanian in age. Most sites in timbering activities had occurred and and 60 plants respectively, which do Tennessee occur on the Upper where the plants had been subjected to not meet the minimum criteria of 100 Mississippian Pennington Formation low-intensity ground fires. He individuals for self-sustaining status. and Lower Pennsylvanian sandstones concluded that, while individual plants Additionally, there is an introduced and shales. Most of the sites in the established before the disturbance may population on the Chattahoochee Lookout Mountain portion of the survive, recruitment into disturbed sites National Forest in Walker County (not Chickamauga-Chattanooga National is not likely. Fail and Sommers (1993) included in recovery criteria for Military Park are found on Fort Payne, conducted a study on the Marshall downlisting). A single, nonviable St. Lewis, Warsaw, Monteagle, and Forest that suggests the associated population of 15 plants occurs in Dade Bangor Formations that underlie the species Quercus prinus (Chestnut oak) County, Georgia, near the Lookout Pennington Formations (McKerrow and and Oxydendrum arboreum (Sourwood) Mountain population in Tennessee. Pyne 1993). The Georgia portion of the may be producing toxic compounds that Another single nonviable population of Ridge and Valley is underlain by may be inhibiting growth and an estimated 50 plants occurs in Paleozoic rock such as sandstone, germination of Scutellaria montana near Chattooga County, Georgia. One shales, and limestone (Lipps and population known from Gordon County, them. DeSelm 1969). The Georgia sites are Georgia, was extirpated when the area Scutellaria montana does not appear found on Mississippian Formations was clearcut in 1986. including Rome, Red Mountain, and to compete well with other herbaceous Tennessee is now known to have 17 Rockwood (Collins unpublished). Site species, especially colonial plants that populations. Hamilton County has 13 elevations range from 189 meters (620 can propagate from extensive root known populations, 7 of which are feet) to 562 m (1844 ft) above sea level. structures, and is not found in thick considered self-sustaining. These All populations occur on colluvial herbaceous cover (Bridges 1984). While populations range in size from just a few soils over bedrock composed of shale, optimal light conditions are not yet plants to more than 2,000 plants. chert, or limestone. The soils are known, plants grow in areas that receive Several Hamilton County populations generally rocky, shallow, well-drained, a relatively greater amount of light at are made up of several subpopulations, and slightly acidic. Soil depth ranges ground level, generally due to canopy some of which are large enough to from deep to a thin layer, no more than disturbance (Sutter 1993). Nix (1993) constitute self-sustaining populations by 3 cm (1.2 in) deep, over bedrock. In states that ‘‘canopy coverage is probably themselves but do not meet the Georgia, the soil is generally stony, the most important environmental factor necessary criteria of being separated by shaley, or cherty silt loam or silty clay that influences growth and survival.’’ at least 0.5 miles from each other. loam ranging in depth from 0.2 m (8 in) However, disturbances to the canopy Marion County, Tennessee, now has 2 to 1.4 m (55 in). The average pH is 5.6 accompanied by disturbances to the soil populations ranging in size from about and ranges from 4.5 to 6.3 (Collins can lead to increases in other 50 plants to more than 40,000 plants at unpublished). herbaceous species that could be the Tennessee River Gorge. The Bridges (1984) described the habitat of detrimental to Scutellaria montana. Tennessee River Gorge is a population Scutellaria montana as ‘‘. . . rocky, When we listed Scutellaria montana made up of 8 subpopulations, 2 of submesic to xeric, well-drained, slightly in 1986, 10 populations were known; 7 which contain more than 20,000 plants. acidic slope, ravine and stream bottom in Georgia (4 in Floyd County, 2 in The smaller Marion County site is forests in the Ridge and Valley and Walker County, and 1 in Gordon protected, and 6 of the 8 subpopulations Cumberland Plateau provinces of County) and 3 in Tennessee (2 in in the Tennessee River Gorge are Northwestern Georgia, and adjacent Hamilton County and 1 in Marion protected (less than 1 percent of the southeastern Tennessee (and probably County). Now 32 populations are plants are not protected). Two Alabama).’’ Bridges (1984) also listed known. A population is being defined as populations of 2 and 50 plants distinguishing characteristics of the an ‘‘occurrence’’ that is at least 0.5 miles respectively, are known from forests where Scutellaria montana is from other occurrences, but we must Sequatchie County, Tennessee. Neither found as: (1) A history of some natural take into account physical barriers is protected nor considered self- pine occurrence; (2) a canopy (ridges, highways, etc.), contiguous sustaining. dominated by oaks and hickories; (3) a habitat (occurrences could be 1 mile mostly deciduous shrub layer with some apart on the same ridge or slope), and Previous Federal Action evergreen Vaccinium; (4) a moderately richness or diversity of the occurrence. Federal Government actions on this dense herb layer with mesic and xeric Based on criteria in the Large-flowered species began with section 12 of the Act species; and (5) the site occurring on Skullcap Recovery Plan, a population is (16 U.S.C. 1531 et seq.), which directed

VerDate 112000 21:49 Jul 11, 2000 Jkt 190000 PO 00000 Frm 00086 Fmt 4702 Sfmt 4702 E:\FR\FM\12JYP1.SGM pfrm08 PsN: 12JYP1 Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules 42975 the Secretary of the Smithsonian September 27, 1985, Scutellaria considered at least 100 until otherwise Institution (Smithsonian) to prepare a montana was again included as a determined by demographic studies.’’ report on plants considered endangered, Category 1 species in the revised Notice The criteria for downlisting have been threatened, or extinct. This report, of Review (50 FR 39526) and on met through both the number of known designated House Document No. 94–51, November 13, 1985, we published in the populations (32) and the number of self- was presented to Congress on January 9, Federal Register (50 FR 46797) a sustaining, protected populations (11) 1975. On July 1, 1975, we published a proposal to list Scutellaria montana as distributed throughout the range of the notice (40 FR 27823) that formally an endangered species. That proposal species. Though no formal written accepted the Smithsonian report as a constituted the next 1 year finding as agreements have been developed with petition within the context of section required by the 1982 amendments to the the principle landowners where 4(c)(2) (now Section 4(b)(3)) of the Act. Endangered Species Act. A final rule protected, self-sustaining populations By accepting this report as a petition, placing Scutellaria montana on the occur (The Nature Conservancy, the we also acknowledged our intention to Federal List of Threatened and States of Georgia and Tennessee, review the status of those plant taxa Endangered Plants as an endangered Tennessee Valley Authority and named within the report. Scutellaria species was published in the Federal National Park Service), managers of montana was included in the Register on June 20, 1986 (51 FR 22521). these lands are committed to the Smithsonian report and the July 1, 1975, Since listing, Federal actions have conservation of these populations and Notice of Review. included a variety of recovery actions are actively involved as part of the We published a revised Notice of funded or carried out by the Tennessee recovery team. Review for Native Plants on December Valley Authority (TVA), National Park 15, 1980 (45 FR 82480); Scutellaria Service (NPS), U.S. Forest Service, and Summary of Factors Affecting the montana was included as a category-1 the Service, including searches for Species species. Category 1 species were those additional populations, habitat studies, Section 4(a)(1) of the Act (16 U.S.C. for which we had information on file to translocations, and land management. 1531 et seq.) and regulations support proposing them as endangered We have conducted numerous promulgated to implement the listing or threatened. On November 28, 1983, consultations under section 7 of the Act provisions of the Act (50 CFR Part 424) we published a supplement to the involving Scutellaria montana. More set forth five criteria to be used in Notice of Review for native plants in the than 50 consultations have taken place determining whether to add, reclassify, Federal Register (48 FR 53640). in Tennessee, principally concerning or remove a species from the list of Scutellaria montana was changed to a road and bridge construction or threatened and endangered species. category-2 species in this supplement. maintenance. Most potential conflicts These factors and their application to Category-2 species were those for which have been resolved early in the informal we had information indicating that Scutellaria montana (large-flowered portion of the consultation process proposing to list them as endangered or skullcap) are as follows: resulting in concurrence by us with ‘‘not threatened may be appropriate but for A. The Present or Threatened likely to adversely affect’’ which substantial data on biological Destruction, Modification, or determinations. One formal consultation vulnerability and threats were not Curtailment of its Habitat or Range. currently known or on file to support was conducted that resulted in a ‘‘no the preparation of proposed listing jeopardy’’ biological opinion. There In 1986, when Scutellaria montana rules. Subsequent to this notice, we have been three informal section 7 was listed as endangered, there were 7 received a draft status report on consultations regarding this species in populations known in Georgia and 3 in Scutellaria montana (Collins Georgia, one of which is ongoing. Tennessee. Over 90 percent of the 7,000 unpublished manuscript). This report A recovery plan was completed for individual plants known in 1986 and other available information Scutellaria montana in 1996 (U.S. Fish occurred at only two sites, neither of indicated that the addition of and Wildlife Service 1996). The which was completely protected. At the Scutellaria montana to the Federal List recovery plan provides the following time of listing the most significant of Threatened and Endangered species criteria for downlisting. ‘‘If numbers of threats were logging, wildfires, livestock was appropriate. discrete populations increase to 25 grazing, and residential development. In All plants included in the (because of the discovery/establishment 1986, 80 percent of the site with the comprehensive plant notices are treated of additional populations) or the largest known population had been as under petition. Section 4(b)(3)(B) of number of protected and managed self- subdivided and was being offered for the Act, as amended in 1982, requires sustaining populations becomes 10 or sale. A large portion of the second- the Secretary to make certain findings more (distributed throughout the known largest population at that time was on on pending petitions within 12 months geographic range), the species will be land owned by The Nature Conservancy of their receipt. Section 2(b)(1) of the considered for downlisting to and was therefore afforded protection. 1982 amendments further requires that threatened status.’’ The recovery plan The third largest population occurred all petitions pending on October 13, also provides a description of protected on privately owned land and had no 1982, be treated as having been newly and managed self-sustaining protection from potential land use submitted on that date. This situation populations as follows: ‘‘A population changes. All remaining 1986 was the case for Scutellaria montana will be considered adequately protected populations were extremely small, because of the acceptance of the 1975 when it is legally protected and all consisting of 4 to 60 plants, and were Smithsonian report as a petition. On needed active management is provided. vulnerable to even the slightest October 13, 1983, October 12, 1984, and A population will be considered ‘‘self- modification of their remaining habitat. October 11, 1985, we found that the sustaining’’ if monitoring data support It was thought at the time of listing that petitioned listing of Scutellaria the conclusion that it is reproducing one population had possibly been montana was warranted but precluded successfully and is stable or increasing destroyed by timber operations by other listing actions of higher priority in size. The minimum number of conducted prior to the landowner and that additional data on vulnerability individuals necessary for a self- becoming aware of the presence of and threats were still being gathered. On sustaining population should be Scutellaria montana on the property.

VerDate 112000 21:49 Jul 11, 2000 Jkt 190000 PO 00000 Frm 00087 Fmt 4702 Sfmt 4702 E:\FR\FM\12JYP1.SGM pfrm08 PsN: 12JYP1 42976 Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules

This species status has improved §§ 70–8–301 et seq.) have rare plant montana in determining to propose this largely due to the fact that 20 (63 protection laws that also protect this rule. Based on this evaluation, the percent) of the 32 known populations species. preferred action is to reclassify are currently afforded protection Half (16) of the known Scutellaria Scutellaria montana from an through occurrence on lands owned by montana populations occur on privately endangered species to a threatened conservation organizations, county owned lands. Of these, 12 populations species. The Recovery Plan for parks, or on Federal lands (11 of these receive no protection. All of two Scutellaria montana states that the protected populations are considered populations and a portion of two others species is qualified for downlisting to viable), and through the discovery of are owned by conservation groups that threatened ‘‘. . . If numbers of discrete additional populations. However, are active in management for the populations increase to 25 (because of threats to the species’ habitat and future conservation of Scutellaria montana. the discovery/establishment of security still exist. Further, most of the Of the populations that are not on additional populations) or the number plants (more than 85 percent) continue privately owned land, one population of protected and managed self- to occur in only two populations. occurs on county land (on a nature sustaining populations becomes 10 or Habitat destruction caused by logging, park), a portion of one other population more (distributed throughout the known residential development, clearing of occurs on city-owned land, and two geographic range) . . .’’ The criteria for wooded areas for pasture, grazing, and entire populations and a portion of three downlisting have been met through both wildfire all continue to pose some others occur on state-owned land. the number of known populations (32) degree of threat to the species. One Except for the portion of one population and the number of viable (self- population of Scutellaria montana, occurring on city-owned land, all of sustaining), protected populations (11) described in the final rule for this these populations are being actively distributed throughout the range of the species, was lost due to clearcutting managed (Shea and Hogan 1998). In species. activities. Damage caused by off-road addition, nine entire populations and Available Conservation Measures vehicles and hikers (trampling) has been portions of three others occur on noted at several sites, and the Federal land (TVA, NPS, and Half (16) of the known Scutellaria maintenance (widening) or rerouting of Department of Defense-U.S. Army) montana populations are privately hiking trails is also a potential threat. where they receive the protection owned (all of two populations and a Rapid urbanization in and around the afforded by section 7 of the Act. portion of two other are owned by conservation groups), one is County- Chattanooga area also poses a significant E. Other natural or manmade factors threat. owned, a portion of one is City-owned, affecting its continued existence and two entire populations and a B. Overutilization for Commercial, Invasive species, such as Japanese portion of three others are State-owned. Recreational, Scientific, or Educational honeysuckle (Lonicera japonica) and However, nine entire populations and Purposes privet (Ligustrum vulgare), are currently portions of three others are on Federal In 1986, Scutellaria montana was not a problem for some populations of land (TVA, NPS, and Department of a significant component of the Scutellaria montana. These non-native Defense-U.S. Army). commercial trade in native plants. species are likely to continue to be a Conservation measures provided to Significant commercial trade in problem where disturbance allows these species listed as endangered or Scutellaria montana is not currently species to become established in threatened under the Act include known to occur or expected in the proximity to Scutellaria montana on recognition, recovery actions, future, and no significant import or some smaller public areas and privately requirements for Federal protection, and export is expected. Therefore, taking of owned sites. prohibitions against certain practices. Scutellaria montana for these purposes Several investigators have noted a low Recognition through listing encourages is not considered a threat. reproductive capacity for Scutellaria and results in conservation actions by montana. The percentage of flowers that Federal, State, and private agencies, C. Disease or Predation form fruit has been recorded at 30 and groups, and individuals. The protection While predation by animals, 44 percent in the Marshall Forest (Kemp required of Federal agencies and the especially deer, has been observed at and Knauss 1990), and, in another prohibitions against taking and harm are several sites, predation does not appear study, 91.5 percent of the plants did not discussed, in part, below. to be a factor affecting the continued form fruits (Kemp 1987). This Section 7(a) of the Act, as amended, existence of the species at this time. reproductive rate is extremely low requires Federal agencies to evaluate Some individual plants have been compared with other Scutellaria species their actions with respect to any species affected by disease, but this factor that have 75 to 93 percent of the flowers that is proposed or listed as endangered appears to affect only a few individuals producing mature nutlets (Collins 1976). or threatened and with respect to its and is not a threat to the species. Scutellaria montana also produces critical habitat, if any is being fewer seeds per fruit compared with designated. Regulations implementing D. The Inadequacy of Existing other members of the genus. Kemp and this interagency cooperation provision Regulatory Mechanisms Knauss (1990) found that the fruit of the Act are codified at 50 CFR part Though there is less protection averaged 2.2–2.3 seeds rather than the 4 402. If a Federal action may affect a afforded to threatened plants than to seeds that are possible. Similarly, listed species or its critical habitat, the endangered plants under section 9 of Cruzan (in Shea and Hogan 1998) found responsible Federal agency must enter the Act, the protection currently pollen present on 60 percent of the into formal consultation with the afforded and that would continue to be styles, but only 15 percent of these Service. No critical habitat is being afforded this species under the Act is flowers set fruit with an average of 2 proposed for designation with this significant enough that inadequate seeds per fruit. proposed rule. regulatory protection cannot be We have carefully assessed the best The Act and its implementing considered a threat. Further, both scientific and commercial information regulations set forth a series of general Georgia (Ga. Code Ann. §§ 27–3–130 et available regarding the past, present, prohibitions and exceptions that apply seq.) and Tennessee (Tenn. Code Ann. and future threats faced by Scutellaria to all threatened plants. However,

VerDate 112000 21:49 Jul 11, 2000 Jkt 190000 PO 00000 Frm 00088 Fmt 4702 Sfmt 4702 E:\FR\FM\12JYP1.SGM pfrm08 PsN: 12JYP1 Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules 42977 unlike endangered plants, not all Reclassification would not significantly U.S.C. 3501 et seq., and assigned Office prohibitions of section 9(a)(2) of the Act alter the protection for this species of Management and Budget clearance apply (50 CFR 17.71). Those under the Act. Anyone taking, number 1018–0094. An agency may not prohibitions that do apply, in part, make attempting to take, or otherwise conduct or sponsor, and a person is not it illegal for any person subject to the possessing Scutellaria montana in required to respond to a collection of jurisdiction of the United States to violation of section 9 is still subject to information, unless it displays a import or export, transport in interstate a penalty under section 11 of the Act. currently valid control number. For or foreign commerce in the course of a There is no difference in penalties for additional information concerning commercial activity, sell or offer for sale the illegal take of endangered species permit and associated requirements for in interstate or foreign commerce, or versus threatened species. Section 7 of threatened species, see 50 CFR 17.72. remove and reduce to possession any the Act would still continue to protect National Environmental Policy Act threatened plant species from areas this species from Federal actions that under Federal jurisdiction. would jeopardize its continued We have determined that an Under the Act, reclassifying existence. Environmental Assessment, as defined Scutellaria montana from endangered to Finalization of this rule will not be an under the authority of the National threatened status will continue to irreversible commitment on the part of Environmental Policy Act of 1969, need protect Scutellaria montana on areas the Service. Reclassifying Scutellaria not be prepared in connection with under Federal jurisdiction. Collection, montana to endangered would be regulations adopted pursuant to section removal and possession of plants found possible should changes occur in 4(a) of the Act. A notice outlining our on Federal land is prohibited. Activities management, habitat, or other factors reasons for this determination was including removal, cutting, digging up, that alter the species’ status or increase published in the Federal Register on damaging, or destroying threatened threats to its survival. October 25, 1983 (48 FR 49244). plants on non-Federal lands would constitute a violation of State natural Public Comments Solicited References Cited resource laws or regulations. Such We intend that any final action Bridges, E. 1984. Unpublished field data actions if conducted in the course of resulting from this proposal will be as on Scutellaria montana. violating State criminal trespass laws accurate and as effective as possible. Chapman, A. W. 1878. An enumeration may also be subject to prosecution. Therefore, comments or suggestions of some plants—chiefly from the The Act and 50 CFR 17.72 also from the public, other concerned semitropical regions of Florida— provide for the issuance of permits to governmental agencies, the scientific which are either new or which have carry out otherwise prohibited activities community, industry, or any other not hitherto been recorded as involving threatened plants under interested party concerning this belonging to the Southern States. certain circumstances. Such permits are proposed rule are hereby solicited. Bot. Gaz. 3:2–6, 9–12, 17–21. available for scientific purposes and to Comments particularly are sought Collins, J. L. 1976. A revision of the enhance the propagation or survival of concerning: annulate Scutellaria (Labiatae). the species. For threatened plants, (1) Biological, commercial trade, or Ph.D. dissertation. Vanderbilt permits are also available for botanical other relevant data concerning any Univ., Nashville, TN. 249 pp. or horticultural exhibition, educational threat (or lack thereof) to Scutellaria Collins, J. L. Unpublished manuscript. purposes, or special activities consistent montana; The Taxonomy, Distribution, and with the purposes of the Act. We (2) The location of any additional Rarity of Scutellaria montana anticipate that few trade permits would populations of Scutellaria montana; Chapm. (Lamiaceae). ever be sought. (3) Additional information concerning Epling, C. 1942. The American Species Questions regarding whether specific the range and distribution of this of Scutellaria montana. Univ. of activities will constitute a violation of species; and California Publ. Bot. 20(1):1–146. section 9 should be directed to the Field (4) Current or planned activities in the Fail, J. Jr. and R. Sommers. 1993. Supervisors of either the Service’s subject area and their possible impacts Species associations and Asheville Field Office (see the on Scutellaria montana. implications of canopy change for ‘‘Addresses’’ section); the North Georgia In promulgating a final regulation on an endangered mint in a virgin oak- Field Office, 380 Meigs St., Athens, Scutellaria montana, we will take into hickory-pine forest. J. Elisha Georgia 30601 (706/613–9493); or the consideration the comments and any Mitchell Soc. 109(1):51–54. Cookeville Field Office, U.S. Fish and additional information we receive, and Faulkner, J. 1993. A Survey of Wildlife Service, 446 Neal Street, such communications may lead to Scutellaria montana in the Hick’s Cookeville, Tennessee 38501 (615/528– adoption of a final regulation that differs Gap Area of Marion County, 6481). Requests for copies of regulations from this proposal. Tennessee. 22 pp. regarding listed species and inquiries The Act provides for a public hearing Kemp, A. C. 1987. Showy but not very about prohibitions and permits may be on this proposal, if requested. Requests sexy. Tipularia 1(2):28–30. addressed to the U.S. Fish and Wildlife must be filed within 45 days of the date Kemp, A. C. and M. Knauss. 1990. Service, Ecological Services Division, of this proposal. Such requests must be Intensive monitoring of Scutellaria 1875 Century Boulevard, Atlanta, made in writing and addressed to the montana Chapman in the Marshall Georgia 30345 (Phone 404/679–7088; State Supervisor, Asheville Field Office, Forest: A Proposal to The Nature Fax 404/679–7081). U.S. Fish and Wildlife Service, 160 Conservancy. Unpublished. This proposed rule proposes to Zillicoa Street, Asheville, North Leonard, E. C. 1927. The North change the status of Scutellaria Carolina 28801. American species of Scutellaria. montana at 50 CFR 17.12 from Contributions from the United endangered to threatened. If made final, Paperwork Reduction Act States National Herbarium 22:703– this rule would formally recognize that This proposed rule does not contain 745. 22 pp. this species is no longer in imminent any new collections of information Lipps, L. 1966. Plant Communities of a danger of extinction throughout all or a other than those already approved Portion of Floyd County, Georgia— significant portion of its range. under the Paperwork Reduction Act, 44 Especially the Marshall Forest.

VerDate 112000 21:49 Jul 11, 2000 Jkt 190000 PO 00000 Frm 00089 Fmt 4702 Sfmt 4702 E:\FR\FM\12JYP1.SGM pfrm08 PsN: 12JYP1 42978 Federal Register / Vol. 65, No. 134 / Wednesday, July 12, 2000 / Proposed Rules

Ph.D. Dissertation, University of PART 17Ð[AMENDED] and powerheads used with spears. This Tennessee. Knoxville, Tennessee. notice is intended to inform fishermen Lipps, E. L. and H. R. DeSelm. 1969. 1. The authority citation for part 17 that anyone not using a particular gear The vascular flora of the Marshall continues to read as follows: by July 12, 2000 may not be eligible to Forest, Rome, Georgia. Castanea Authority: 16 U.S.C. 1361–1407; 16 U.S.C. use that gear if a gear-type effort control 34(4): 414–432. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– program is established. This McKerrow, A., and M. Pyne. 1993. 625, 100 Stat. 3500 (1986), unless otherwise announcement of a control date for gear Survey of Scutellaria montana noted. eligibility is intended to discourage the (Large-flowered Skullcap) on 2. We propose to amend § 17.12(h) by use of different gear based on economic Lookout Mountain, Chickamauga- revising the entry for Scutellaria speculation during the Council’s Chattanooga National Military Park. montana under ‘‘FLOWERING deliberation on the issues. PLANTS’’ in the ‘‘Status’’ column to Report to the Southeast Regional DATES: Comments must be received at read ‘‘T’’ instead of ‘‘E’’. Office of The Nature Conservancy. the appropriate address or fax number 13 pp. * * * * * no later than 5 p.m., Eastern Daylight Nix, T. L. 1993. Intensive monitoring of Dated: June 2, 2000. Time, on August 11, 2000. Scutellaria montana Chapman in Jamie Rappaport Clark, ADDRESSES: Written comments should the Marshall Forest. Unpublished Director, Fish and Wildlife Service. be sent to the Gulf of Mexico Fishery manuscript, The Nature [FR Doc. 00–17561 Filed 7–11–00; 8:45 am] Management Council, 3018 U.S. Conservancy, Georgia Field Office. BILLING CODE 4310±55±P Highway 301 North, Suite 1000, Tampa, Penland, C. W. 1924. Notes on North FL 33619–2266; fax: 813–225–7015; American Scutellarias. Rhodora email: [email protected]. 26:62–79. DEPARTMENT OF COMMERCE When providing comments, include Shea, A. and T. Hogan. 1998. Draft your name, city, state, and your relevant status survey report on Scutellaria National Oceanic and Atmospheric background and interest, e.g., montana Chapman for the U.S. Fish Administration commercial fisherman, recreational and Wildlife Service Asheville, fisherman, conservationist. Comments North Carolina. 98 pp. 50 CFR Part 622 submitted by e-mail should also include Tennessee Natural Heritage Program. No a valid e-mail address. If you are date. Species and site files. [Docket No. 000524154±0154±01; I.D. commenting on behalf of an Tennessee Department of 051100C] organization, please include your Environment and Conservation. RIN 0648±AO12 organization’s name and number of Nashville, Tennessee. members. U.S. Fish and Wildlife Service. 1975. Fisheries of the Caribbean, Gulf of FOR FURTHER INFORMATION CONTACT: Dr. Notice of review. Federal Register Mexico, and South Atlantic; Reef Fish Roy Crabtree, 727–570–5305; fax: 727– 40:27824–27825. Fishery of the Gulf of Mexico; 570–5583; e-mail: —1980. Notice of review. Federal Commercial Fishing Gear; Control [email protected] or Steven Atran, Register 45:82480–82569. Date —1983. Notice of review supplement. 813–228–2815; fax: 813–225–7015; e- mail: [email protected]. Federal Register 48:53640–53670. AGENCY: National Marine Fisheries —1985. Notice of review. Federal Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: The Register 50:39526–39527. Atmospheric Administration (NOAA), fisheries for reef fish in the EEZ of the —1985. Endangered and threatened Commerce. Gulf of Mexico are managed under the wildlife and plants; proposed ACTION: Advance notice of proposed Fishery Management Plan for the Reef determination of Scutellaria montana rulemaking; notice of control date for Fish Resources of the Gulf of Mexico (large-flowered skullcap) to be an gear eligibility. (FMP). The FMP was implemented endangered species. Federal Register under the authority of the Magnuson- SUMMARY: 50:46797–46800. This document announces Stevens Fishery Conservation and —1986. Endangered and threatened that the Gulf of Mexico Fishery Management Act by regulations at 50 wildlife and plants; determination of Management Council (Council) is CFR part 622. Scutellaria montana (large-flowered considering whether there is a need to Entry to the commercial reef fish skullcap) to be an endangered species. limit participation by gear type in the fishery in the Gulf of Mexico is already Federal Register 51:22521–22524. commercial reef fish fisheries in the limited by a permit system. The fishery exclusive economic zone (EEZ) of the is conducted with a variety of gears. The Author Gulf of Mexico and, if there is a need, Council is concerned that some of these The primary author of this proposed what management measures should be gears, particularly bottom longline gear, rule is Mr. J. Allen Ratzlaff (See imposed to accomplish this. If the may be so efficient that users of those ADDRESSES section). Council and NMFS determine that gears are harvesting a disproportionate management measures are needed, a share of the commercial grouper quota List of Subjects in 50 CFR Part 17 rulemaking to do so may be initiated. or are harvesting at a rate that is Endangered and threatened species, Possible measures include inconsistent with providing a year- Exports, Imports, Reporting and modifications to the existing limited round fishery. Additionally, NMFS’ recordkeeping requirements, entry program to control fishery Office of Sustainable Fisheries, Highly Transportation. participation, or effort, based on gear Migratory Species Division (HMS type, such as a requirement for a gear Division), and Congress are considering Proposed Regulation Promulgation endorsement on the commercial reef proposals that would restrict the use of We propose to amend part 17, fish vessel permit for the appropriate pelagic longline gear in the Gulf of subchapter B of Chapter I, title 50 of the gear. Gear types which may be included Mexico and in the Atlantic. The HMS Code of Federal Regulations, as set forth are longlines, buoy gear, handlines, rod- Division has published a proposed rule below: and-reel, bandit gear, spearfishing gear, that would restrict the use of pelagic

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