2 2 9 2 8 Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Proposed Rules

4. In § 61.195, revise paragraph (d) to § 91.24 ATC Transponder and altitude a terminal control area shall comply read as follows: reporting equipment and use. with any procedures established by ***** ATC for such operations in the terminal §61.195 Flight instructor limitations. ***** (b) Controlled airspace: all aircraft. control area. Except for persons operating gliders (b) Pilot requirements. (1) No person (d) Logbook endorsement. He may not above 12,500 feet MSL but below the may take off or land a civil aircraft from endorse a student pilot’s logbook— floor of the positive control area, no an airport within a terminal control area (1) For solo flight unless he has given person may operate an aircraft in the or operate a civil aircraft within a that student flight instruction and found airspace prescribed in (b)(1), (b)(2), or terminal control area unless: that student pilot prepared for solo flight (b)(3) of this section, unless that aircraft in the type of aircraft involved, or for a (1) The pilot-in-command holds at is equipped with an operable coded least a private pilot certificate; or; cross-country flight, and he has radar beacon transponder having a reviewed the student’s flight (ii) The aircraft is operated by a Mode3/A 4096 code capability replying student pilot who has fulfilled the preparation, planning, equipment, and to Mode 3/A interrogations with the requirements of § 61.95. proposed procedures and found them to code specified by ATC, or a Mode S be adequate for the flight proposed capability, replying to Mode 3/a (2) Notwithstanding the provisions of under existing circumstances; or interrogations with the code specified by (b)(1) of this section, at the following (2) For solo flights in a terminal ATC and intermode and Mode S TCA primary airports, no person may control area or at an airport within the interrogations in accordance with the take off or land a civil aircraft unless the surface area of a terminal control area applicable provisions specified in T SO - pilot-in-command holds at least a unless he has given that student ground C112, and that aircraft is equipped with private pilot certificate: and flight instruction and has found that automatic pressure altitude reporting (i) Atlanta Hartsfield Airport, GA. student prepared and competent to equipment having a Mode C capability (ii) Boston Logan Airport, MA. conduct the operations authorized. that automatically replies to Mode C (iii) Chicago O ’Hare International PART 71—DESIGNATION OF FEDERAL interrogations by transmitting pressure Airport, IL. AIRWAYS, AREA LOW ROUTES, altitude information in 100-foot (iv) Dallas/Fort Worth International CONTROLLED AIRSPACE, AND increments. Airport, TX. REPORTING POINTS (1) In Terminal Control Areas. (v) Los Angeles International Airport, (2) In airspace 12,500 feet MSL and CA. 5. The authority citation for Part 71 below within 30 miles of a terminal continues to read as follows: control area primary airport as (vi) Miami International Airport, FL. (vii) Newark International Airport, NJ. Authority: 49 U.S.C. 1348(a), 1354(a), 1510; identified in Part 71, Subpart K of this Executive Order 10854; 49 U.S.C. 106(g) chapter. (viii) New York Kennedy Airport, NY. (Revised Pub. L. 97-449, January 12,1983); 14 (3) In all controlled airspace of the 48 (ix) New York LaGuardia Airport, NY. CFR 11.69. contiguous states and the District of (x) San Francisco International 6. In § 71.12 the second sentence is Columbia, above 12,500 feet MSL, Airport, CA. revised to read as follows: excluding the airspace at and below (xi) Washington National Airport, DC. 2,500 feet AGL. § 71.12 Terminal control areas. ***** (xii) Andrews Air Force Base, MD. ***** (c) Equipment requirements. Unless 10. Section 91.90 is revised to read as otherwise authorized by ATC in the Each such location includes at least follows: one primary airport around which the case of an in-flight VOR, TACAN, or terminal control area is located. § 91.90 Terminal control areas. two-way radio failure, or unless (a) Operating rules. No person may otherwise authorized by ATC in the § 71.401 [Redesignated as § 71.403] operate an aircraft within a terminal case of a transponder failure occurring 7. Section 71.401 is redesignated as control area designated in Part 71 of this at any time, no person may operate an § 71.403. chapter except in compliance with the aircraft within a terminal control area following rules: unless that aircraft is equipped with— PART 91—AIR TRAFFIC AND (1) No person may operate an aircraft (1) An operable VOR or TACAN GENERAL OPERATING RULES within a terminal control area unless receiver; 8. The authority citation for Part 91 that person has received an appropriate (2) An operable two way radio continues to read as follows: authorization from ATC prior to capable of communications with ATC operation of that aircraft in that area. Authority: 49 U.S.C. 1301(7), 1303,1344, on appropriate frequencies for that 1348,1352 through 1355,1401,1421 through (2) Unless otherwise authorized by terminal control area; and 1431,1471,1472,1502,1510,1522, and 2121 ATC, each person operating a large (3) The applicable equipment through 2125; Articles 12, 29, 31, and 31(a) of turbine engine-powered airplane to or specified in § 91.24. the Convention on International Civil from a primary airport shall operate at Aviation (61 Stat 1180); 42 U.S.C. 4321 et seq: or above the designated floors while Issued in Washington, DC, on June 11,1987. E .0 .11514; 49 U .S.C. 106(g) (Revised Pub. L. within the lateral limits of the terminal John R. Ryan, 97—449, January 12,1983). control area. Director, Air Traffic Operations Service. 9. In § 91.24, paragraph (b) is revised (3) Any person conducting pilot [FR Doc. 87-13661 Filed 6-11-87:11:34 am) to read as follows: training operations at an airport within BILLING CODE 4910-13-M Tuesday June 16, 1987

Part IV

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Species; Geocarpon Minimum, Sacramento Mountains Thistle, Cyathea Dryopteroides and Ilex Cookii, Alabama Red-Bellied Turtle, and Large-Fruited Sand-Verbena; Final Rules and Proposed Rule 2 29 30 Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Geocarpon minimum, the only species (Kingsley Prairie), and one recently of a monotypic genus, was first collected discovered moderate-sized population in Fish and Wildlife Service in 1913 by E.J. Palmer in Jasper County, Franklin County (S. Orzell, pers. comm., Missouri. MacKenzie (1914) described 1986; Smith 1986). The Warren Prairie 50 CFR Part 17 this new taxon and placed it in the site contains the largest population of family . Palmer and Geocarpon, with occurring locally Endangered and Threatened Wildlife Steyermark (1950) later transferred the in parts of five contiguous sections and Plants; Threatened Status for genus to the family (Tucker 1983). Population structure Geocarpon Minimum based on the following characters: consists of solitary individuals or small AGENCY: Fish and Wildlife Service, Staminodial rudiments, apetalous groups within these communities. Interior. , lack of stipules, gamophyllous Morgan (1980) reports that in Missouri calyx, 5 perigynous stamens, 1-celled the colonies range in size from 1 to 6 ACTION: Final rule.______ovary, and free-central placentation. square meters (1.2 to 7.2 square yards) SUMMARY: The Service determines a Chemotaxonomic studies on Geocarpon while Tucker (1983) states the largest , Geocarpon minimum, to be a by Bogle et al. (1971) revealed the colonies do not exceed 1 square meter in threatened species under the authority presence of anthocyanins, which Arkansas. However, larger colonies contained in the provided further support for its have been observed at several areas in Act (Act) of 1973, as amended. placement in the Caryophyllaceae Missouri by Chaplin (1986) and in Geocarpon minimum is only known family. Arkansas by the author. The majority of from four sites in Arkansas (four In Missouri, Geocarpon grows on the sites are on privately-owned lands; counties) and thirteen sites in moist, sandy soils on exposed sandstone four sites are located on public lands. southwestern Missouri (six counties). outcrops which are primarily of the Many of these sites continue to be However, of these 17 sites, only four Channel sands formation (Morgan 1980). damaged by grazing and off-road Missouri sites and one Arkansas site Arkansas sites are characterized as vehicles (ORVs), which threaten the contain vigorous populations. This sandy-clay prairies occurring in continued existence of Geocarpon. species is threatened by its limited otherwise savanna-type areas. In these Federal Government actions on this distribution and by areas, Geocarpon occurs on bare species began with section 12 of the or modification from pasturing, off-road mineral soils of the Lafe or Wing Series Endangered Species Act of 1973 (Act), vehicle (ORV) use, forestry practices, (high in sodium and magnesium) which which directed the Secretary of the and succession. This action will extend may represent relict Pleistocene Lake Smithsonian Institution to prepare a the Act’s protection to Geocarpon beds (Tucker 1983, Krai 1983). Species report on those plants considered to be minimum. diversity is low at these sites. Species endangered, threatened, or extinct. This commonly associated with Geocarpon DATES: The effective date of this rule is report, designated as House Document July 16,1987. include Houstonia minima, No. 94-51, was presented to Congress on Nothoscordum bivalve, Plantago January 9,1975. On July 1,1975, the ADDRESSES: The complete tile for this bybrida, Plantago elongata, Krigia rule is available for public inspection, by Service published a notice in the Federal occidentalis, Krigia virginica, and Register (40 FR 27823) of its acceptance appointment, during normal business Oenothera linifolia (Morgan 1980, hours at the Endangered Species Field of the Smithsonian Institution report as Tucker 1983, Krai 1983). Sites in a petition within the context of section Station, U.S. Fish and Wildlife Service, Arkansas are also characterized by Jackson Mall Office Center, Suite 316, 4(c)(2) of the Act (petition acceptance is prominent colonies of blue-green algae now governed by section 4(b)(3)(A) of 300 Woodrow Wilson Avenue, Jackson, (Tucker 1983). Mississippi 39213. the Act), and of its intention thereby to Extensive searches of suitable habitat review die status of the plant taxa FOR FURTHER INFORMATION CONTACT: for Geocarpon have been conducted by named therein. On June 16,1976, the Mr. Dennis B. Jordan (see ADDRESSES Steyermark et al. (1959), Rettig (1983), Service published a proposed rule in the section) at 601/965-4900 or FTS 490- Tucker (1983), S. Orzell ( Natural Federal Register (41 FR 24523) to 4900. Heritage Program, pers. comm., 1986), E. determine approximately 1,700 vascular SUPPLEMENTARY INFORMATION: Bridges (The Nature Conservancy, pers. plant species to be endangered species comm., 1986), and S. Morgan (Missouri Background pursuant to section 4 of the Act. The list Department of Conservation, pers. of 1,700 plant taxa was assembled on Geocarpon minimum is a small, comm., 1985). Currently, populations are succulent annual, 1-4 centimeters (0.4- the basis of comments and data known at 13 sites in Missouri including received by the Smithsonian Institution 1.6 inches) in height. The stems, which five in Dade County; two each in Polk, and the Service in response to House may be simple or branched near the St. Clair, and Cedar Counties; and one Document No. 94-51 and the July 1,1975, base, extend from a slender taproot. each in Lawrence and Greene Counties. Federal Register publication. Geocarpon are opposite, sessile, joined at However, only four of these 13 sites minimum was included in the base, 3-4 millimeters (0.1-O.2 inches) support vigorous populations (S. Smithsonian petition and the June 16, long, and narrowly oblong in shape. The Morgan, pers. comm., 1985). Geocarpon 1976, proposal, as amended. General flowers, which are inconspicuous in the has not been observed at the type comments received in relation to the axils, are apetalous, and have a locality in Jasper County, Missouri (the 1976 proposal were summarized in the greenish-red calyx. The fruit, a capsule, location where the species was first Federal Register on April 26,1978 (43 FR dehisces into three parts at maturity, collected) since 1949 and is believed releasing numerous seeds measuring 0.5 extirpated from this site (S. Morgan, 17909). millimeter (0.02 inch) long. Young plants pers. comm., 1985). Four populations of The Endangered Species Act are dull gray and turn reddish-purple at Geocarpon are known in Arkansas: a Amendments of 1978 required that all maturity. The species is ephemeral, large one at Warren Prairie in parts of proposals over 2 years old be usually completing its life cycle within a Bradley and Drew Counties (Warren withdrawn. On December 10,1979, the 4-week period (Morgan 1980, Krai 1983, Prairie), two small depauperate Service published a notice (44 FR 70796) withdrawing the June 16,1976, proposal Tucker 1983). populations in Cleveland County Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations 229 31 along with four other proposals that had (Office of the Chief of Engineers) stated of this species would increase the expired. On December 15,1980, the that the two populations of Geocarpon likehood that management plans Service published a revised notice of on Corps of Engineeers (COE) land in developed would be effective. review for native plants in the Federal the Kansas City District are managed as B. Overutilization for commercial, Register (45 FR 82480); Geocarpon Natural Areas and that no future recreational, scientific, or educational minimum was included in that notice as development is proposed that would purposes. Taking for these purposes a category-1 species. Geocarpon affect this species or its habitat. poses a risk to Geocarpon minimum due minimum was maintained in category 1 to the ease of access to the sites and its in the Service’s updated plant notice of Summary of Factors Affecting the Species desirability due to its taxonomic September 27,1985 (50 FR 39526). uniqueness (Geocarpon is a monotypic Category 1 comprises taxa for which the After a thorough review and genus; genus contains only one species). Service presently has substantial consideration of all information C. Disease or predation. Geocarpon is biological information to support their available, the Service has determined not known to be threatened by disease being proposed to be listed as that Geocarpon minimum should be or predation. endangered or threatened species. classified as a threatened species. D. The inadequacy of existing Section 4(b)(3) of the Endangered Procedures found at section 4(a)(1) of Species Act, as amended in 1982, the Endangered Species Act (16 U.S.C. regulatory mechanisms. Geocarpon is requires the Secretary to make certain 1531 etseq.) and regulations (50 CFR considered endangered by the Missouri findings on pending petitions within 12 Part 424) promulgated to implement the Department of Conservation and the months of their receipt. Section 2(b)(1) of listing provisions of the Act were Arkansas Natural Heritage Commission; the 1982 Amendments further requires followed. A species may be determined however, it is afforded legal protection that all petitions pending on October 13, to be an endangered or threatened only in Missouri. Missouri legislation 1982, be treated as having been newly species due to one or more of the five prevents commercial exploitation of rare submitted on that date. This was the factors described in section 4(a)(1). and endangered plants without a permit. case for Geocarpon minimum because These factors and their application to However, the Missouri law does not of the acceptance of the 1975 Geocarpon minimum MacKenzie are as provide protection against habitat loss, Smithsonian report as a petition. On follows: the major threat to Geocarpon. O f the October 13,1983, October 12,1984, and A. The present or threatened four publicly owned sites, three are October 11,1985, the Service found that destruction, modification, or curtailment designated as Natural Areas (NA) and the petitioned listing of Geocarpon of its habitat or range. Geocarpon are thereby afforded protection. The minimum was warranted. On April 10, minimum is only known from Missouri Arkansas Natural Heritage Commission 1986, The Service published in the and Arkansas (see “Background” owns and manages the Warren Prairie Federal Register (51 FR 12460), a section for number of populations). A NA (300 acres, 125 hectares) in Bradley proposal to list Geocarpon minimum as major threat to Geocarpon is the County, which contains a portion of the a threatened species. The Service now destruction or adverse modification of largest known population of Geocarpon; determines Geocarpon minimum to be a its habitat. In Missouri, some sites have however, no protection is provided for threatened species with the publication been damaged by trampling and grazing the plants and their habitat outside the of this final rule. by cattle (S. Morgan, pers. comm., 1985); NA in adjacent Drew County. The other however, Chaplin (1986) suggests that two NAs are in Missouri: The Bona Summary of Comments and Glade NA (Dade County), owned by the Recommendations the physical disturbance associated with cattle grazing may actually benefit U.S. Army Corps of Engineers and In the April 10,1986, proposed rule (51 Geocarpon at some sites by maintaining supporting a large, healthy population; FR 12460) and associated notifications, bare substrate for seedling and the Taberville Prairie NA (St. Clair all interested parties were requested to establishment. A more serious threat County), owned and managed by the submit factual reports or information concerns pasture improvement, which, Missouri Department of Conservation, that might contribute to the development coupled with the invasion of prairie but a less suitable site with a smaller of a final rule. Appropriate State species, is thought to have destroyed population. At these areas, collecting is agencies, county governments, Federal Geocarpon at the type locality (Chaplin prohibited except for scientific or agencies, scientific organizations, and 1986). The habitat of Geocarpon has educational purposes under permit, but other interested parties were contacted been damaged by ORVs, and this these regulations are difficult to enforce. and requested to comment. Newspaper problem is amplified by the easy access The Act would enhance the existing notices inviting public comment were to many of the sites from adjacent roads protection through section 7 published in the Pine Bluff Commercial, (Tucker 1983). Suitable habitat for (interagency cooperation) and section 9, Pine Bluff, Arkansas, on May 1,1986, Geocarpon is limited, and most such which prohibits removal and reduction and in the Springfield Daily News, areas have been heavily disturbed. In to possession from Federal lands and Springfield, Missouri, on May 4,1986. southern Arkansas many of the areas restricts interstate commercial activity. Eight comments were received and are have been adversely modified by E. Other natural or manmade factors discussed below. No public hearing was silvicultural practices (Tucker 1983, pers. affecting its continued existence. requested or held. Seven comments comm., 1985). Populations in close Geocarpon is vulnerable due to the were received expressing support for the proximity to roads are further small amount of available habitat, its proposal, four from State agencies, and threatened by future road expansions limited range, and low numbers at many three from conservation organizations. and improvements. Even though habitat of the sites. Furthermore, the species is One State agency and one private is of low agricultural quality, some areas susceptible to inadvertent destruction organization provided additional have been cultivated in the past or are because of its diminutive size, information on the distribution of and presently in pasture (Krai 1983). ephemeral nature, and localized threats to Geocarpon. This information Geocarpon appears to require some type distribution. As with all annuals, has been incorporated into appropriate of natural disturbance to maintain bare population size may fluctuate from year sections of the rule. The eighth comment substrate for seedling establishment to year due to variable reproductive from the Department of the Army (Tucker 1983). Research on the biology success. For example, Geocarpon does 2 29 32 Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations

not germinate every year, a condition Federal protection, and prohibitions carry out otherwise prohibited activities perhaps related to moisture availability against certain practices. Recognition involving threatened species under (Morgan 1980, Tucker 1983). Successful through listing encourages and results in certain circumstances. It is anticipated germination from a seed bank can conservation actions by Federal, State, that few trade permits would be sought reestablish populations following and private agencies, groups, and or issued since Geocarpon minimum is reproductive failure; however, local individuals. The Endangered Species not common in cultivation or in the wild. extirpation is likely in areas as Act provides for possible land Requests for copies of the regulations on populations decrease in size. Geocarpon acquisition and cooperation with the plants and inquiries regarding them may is a pioneer species that tolerates little States and requires that recovery be addressed to the Federal Wildlife competition from other species. Over­ actions be carried out for all listed Permit Office, U.S. Fish and Wildlife crowding and shading by invading species. Such actions are initiated by the Service, Washington, DC 20240 (703/ plants which occur with succession pose Service following listing. The protection 235-1903). a major threat to this species (Tucker required of Federal agencies and the 1983), and are especially evident in prohibitions against collection are National Environmental Policy Act Missouri (Chaplin 1986). discussed, in part, below. The Fish and Wildlife Service has The Service has carefully assessed the Section 7(a) of the Act, as amended, determined that an Environmental best scientific and commercial requires Federal agencies to evaluate Assessment, as defined under the information available regarding the past, their actions with respect to any species authority of the National Environmental present, and future threats faced by this that is proposed or listed as endangered Policy Act of 1969, need not be prepared species in determining to make this rule or threatened and with respect to its in connection with regulations adopted final. Based on this evaluation, the critical habitat. Regulations pursuant to section 4(a) of the preferred action is to list Geocarpon implementing this interagency Endangered Species Act of 1973, as minimum as threatened. Threatened cooperation provision of the Act are amended. A notice outlining the status seems appropriate since two codified at 50 CFR Part 402. Section Service’s reasons for this determination populations and a portion of a third 7(a)(2) requires Federal agencies to was published in the Federal Register on population are located in designated ensure that activities they authorize, October 25,1983 (48 FR 49244). Natural Areas and are thus protected. fund, or carry out are not likely to Critical habitat is not being determined jeopardize the continued existence of a References Cited for reasons discussed in the following listed species or to destroy or adversely section. Blakey, L.H. 1986. Letter to J.M. Engel, modify its critical habitat. If a Federal Endangered Species Coordinator, U.S. Fish Critical Habitat action may affect a listed species or its and Wildlife Service, on the proposal to list Section 4(a)(3) of the Act, as amended, critical habitat, the responsible Federal Geocarpon minimum as a threatened requires that to the maximum extent agency must enter into formal species. prudent and determinable, the Secretary consultation with the Service. Bogle, A.L., T. Swain, R.D. Thomas, and E.D. Kohn. 1971. Geocarpon: Aizoaceae or designate any habitat of a species which Two populations of Geocarpon Caryophyllaceae? Taxon 20(4):473-477. is considered to be critical habitat at the minimum occur on lands under jurisdiction of the U.S. Army Corps of Chaplin, S.J. 1986. Letter to D.B. Jordan, Field time the species is determined to be Supervisor, Jackson Endangered Species endangered or threatened. The Service Engineers (Dade County, Missouri). Both are managed as Natural Areas, thereby Office, on the proposal to list Geocarpon finds that designation of critical habitat minimum as a threatened species. is not prudent for Geocarpon minimum supporting the preservation of Geocarpon (Blakey 1986). Currently, no Krai, R. 1983. A report on some rare, at this time. The involved State agencies threatened, or endangered forest-related and the U.S. Army Corps of Engineers activities to be authorized, funded, or vascular plants of the South. USDA, Forest are aware of the locations for this carried out by Federal agencies are Service, Technical Publication R8-TP2. Pp. species. Publication of exact locations of known to exist that would affect 409-412. Geocarpon would increase public Geocarpon. MacKenzie, K.K. 1914. A new genus from interest and possibly lead to additional The Act and its implementing Missouri, Torreya 14:67-68. threats for the species from collecting regulations found at 50 CFR 17.71 and Morgan, S.W. 1980. Status report on and vandalism. The sites where 17.72 set forth a series of general trade Geocarpon minimum in Missouri. Missouri Geocarpon occurs are easily accessible. prohibitions and exceptions that apply Department of Conservation, Jefferson Geocarpon is a monotypic genus and to all threatened plant species. These City, Missouri. 16 pp. may be desired for plant collections or prohibitions, in part, make it illegal for Palmer, E.J., and J. Steyermark. 1950. Notes on for study. No benefit can be identified any person subject to the jurisdiction of Geocarpon minimum MacKenzie. Bull. through critical habitat designation that the United States to import or export Torrey Bot. Club 77:268-273. would outweigh these potential threats. any threatened plant, transport it in Rettig, J. 1983. A new Arkansas station for Protection of this species’ habitat will be interstate or foreign commerce in the Geocarpon minimum MacKenzie. Bull. addressed through the recovery process course of a commercial activity, sell or Torrey Bot. Club 110: and through the section 7 jeopardy offer it for sale in interstate or foreign Smith, K.L. 1986. Letter to D.B. Jordan, Field Supervisor, Jackson Endangered Species standard. Therefore, it would not be commerce, or remove it from areas Office, on the proposal to list Geocarpon under Federal jurisdiction and reduce it prudent or beneficial to determine minimum as a threatened species. to possession. Seeds from cultivated critical habitat for Geocarpon minimum Steyermark, J., J.W. Voigt, and R.H. at this time. specimens of threatened plant species Mohlenbrock. 1959. Present biological are exempt from these prohibitions Available Conservation Measures status of Geocarpon minimum MacKenzie. provided that a statement of “cultivated Bull. Torrey Bot. Club 86:228-235. Conservation measures provided to origin” appears on their containers. Tucker, G.E. 1983. Status report on species listed as endangered or Certain exceptions can apply to agents Geocarpon minimum MacKenzie. Provided threatened under the Endangered of the Service and State conservation under contract to the U.S. Fish and Wildlife Species Act include recognition, agencies. The Act and 50 CFR 17.72 also Service, Southeast Region, Atlanta, recovery actions, requirements for provide for the issuance of permits to Georgia. 41 pp. Author Regulation Promulgation 3751; Pub. L. 96-159,93 Stat. 1225; Pub. L. 97- The primary author of this final rule is 304, 96 Stat. 1411 (16 U.S.C. 1531 e tse q .). PART 17—[AMENDED] Cary Norquist (see a d d r e s s e s section). 2. Amend § 17.12(h) by adding the List of Subjects in 50 CFR Part 17 Accordingly, Part 17, Subchapter B of following, in alphabetical order under Chapter I, Title 50 of the Code of Federal Caryophyllaceae, to the List of Endangered and threatened wildlife, Regulations, is amended as set forth Endangered and Threatened Plants: Fish, Marine mammals, Plants below: (agriculture). 1. The authority citation for Part 17 §17.12 Endangered and threatened continues to read as follows: plants. * * * * * Authority: Pub. L. 93-205, 87 Stat. 884; Pub. L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. (h) * * *

______Species ~ ~ " ------______Scientific name ______Common name Historic range Status When listed Sjw c«*

Caryophyllaceae—Pink family:

Geocarpon minimum ...... None U.S.A. (AR, MO). 275 NA NA

Dated; May 27,1987. SW., Room 4000, Albuquerque, New was included as a Susan Recce, Mexico 87103. Acting Assistant Secretary for Fish and category 1 species in a revised list of W ildlife and Parks. FOR FURTHER INFORMATION CONTACT: plants under review for threatened or [FR Doc. 87-13662 Filed 6-15-87; 8:45 am] Peggy Olwell, Endangered Species endangered classification, published in BILLING CODE 4310-55-M Botanist, Region 2, U.S. Fish and the December 15,1980, Federal Register Wildlife Service, Office of Endangered (45 FR 82480). Category 1 comprises taxa Species, P.O. Box 1306, Albuquerque, for which the Service presently has 50 CFR Part 17 87103 (505/766-3972 or FTS sufficient biological information to 474-3972). support their being proposed to be listed as endangered or threatened species. Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: and Plants; Final Rule To Determine The Endangered Species Act Cirsium Vinaceum (Sacramento Background Amendments of 1982 required that all Mountains Thistle) To Be a Threatened petitions pending as of October 13,1982, Cirsium vinaceum was first collected Species be treated as having been newly on July 12,1899, by E.O. Wooton and submitted on that date. The species a g e n c y : Fish and Wildlife Service, was described by Wooton and Standley listed in the December 15,1980, notice of Interior. in 1918. Cirsium vinaceum is a perennial review were considered to be petitioned, thistle that grows 1-2 meters (3.3-6.6 a c t io n : Final rule. and the deadline for a finding on the feet) tall. The stems are purple and merits of those petitioned actions, s u m m a r y : The Service determines a highly branched. The leaves are up to 50 including that for Cirsium vinaceum, plant, Cirsium vinaceum (Sacramento centimeters (20 inches) long and have was October 13,1983. A finding was Mountains thistle), to be a threatened deep, narrow, pointed lobes. The lobes made on October 13,1983, that listing species under the authority contained i: on the leaf tips have short, slender, Cirsium vinaceum was warranted but the Endangered Species Act of 1973, as yellow spines. Flowering occurs in July, precluded by pending listing actions, in amended. Critical habitat was propose! August, and possibly into September accordance with section 4(b)(3)(B)(iii) of but is being withdrawn. This plant with many purple heads per the Act. Such a finding requires a occurs in Otero County, New Mexico, ii plant. Some of the populations now recycling of the petition, pursuant to the Sacramento Mountains. There are 2 occur only on steep calcium carbonate section 4(b)(3)(C)(i) of the Act. The known populations, which contain a deposits immediately adjacent to Service published a proposed rule to list total of 10,000 to 15,000 sexually flowing springs. The steep deposits Cirsium vinaceum as a threatened reproducing plants. Threats to this provide adequate moisture and limit species with critical habitat on May 16, species are habitat destruction by access of livestock to these plants. One 1984 (49 FR 20735), which constituted the livestock and water development, population is known from the moist next required finding. competition with introduced plant banks of a stream and adjacent wet species, road construction, logging, and meadows, and livestock trampling is a Summary of Comments and recreational activities. This action problem there. Many of these plants Recommendations implements the protection provided by grow directly in the stream. The In the May 16,1984, proposed rule (49 the Endangered Species Act. dominant associated species are FR 20735) and associated notifications, Ponderosa pine (Pinus ponderosa), d a t e s : The effective date of this rule is all interested parties were requested to July 16,1987. Douglas fir (Pseudotsuga taxifolia), New submit factual reports or information Mexico locust ( neomexicana), a d d r e s s e s : The complete file for this that might contribute to the development and Gambel’s oak (Quercus gambelii). of a final rule. Appropriate State rule is available for inspection, by Cirsium vinaceum is found at elevations appointment, during normal business agencies, county governments, Federal of 2,400-2,700 meters (7,860-8,820 feet) agencies, scientific organizations, and hours at the Service’s Regional Office oi (Martin and Hutchins 1980, Todsen Endangered Species, 500 Gold Avenue other interested parties were contacted 1976). and requested to comment. A 2 29 34 Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations newspaper notice was published in the water immediately below a population listing provisions of the Act were Alamogordo Daily News on June 10, of Circium vinaceum would dry out the followed. A species may be determined 1984, that invited general public soil in the area of the water to be an endangered or threatened comment. Eight comments were development. Through the processes of species due to one or more of the five received and are discussed below. No diffusion and gravity the potential exists factors described in section 4(a)(1). public hearing was requested or held. for water in the soil to move from the These factors and their application to Letters of support were received from higher, wetter site into the lower, drier Cirsium vinaceum Wooton and Standley the New Mexico Natural Resources area thus creating unsuitable conditions are as follows: Department, the International Union for at the upstream location of Cirsium. The A. The present or threatened Conservation of Nature and Natural Service believes water development can destruction, modification, or curtailment Resources, the U.S. Forest Service, and occur with the details worked ouf on a of its habitat or range. Cirsium Dr. T.K. Todsen (Professor Emeritus, case-by-case basis. vinaceum is known only from the The Forest Service requested that the New Mexico State University). Dr. Sacramento Mountains of southeastern Todsen also included information on provisions of section 9(a)(2) of the Act New Mexico. The species was Cirsium vinaceum sites observed in his prohibiting removal and reduction to historically known to occur along the 1976 survey and recommended the possession of the plant from areas under Water Canyon site and the Silver Federal jurisdiction not be implemented moist banks of streams and in wet Springs Canyon site as important areas because this would impede recovery meadows throughout the Sacramento for Cirsium vinaceum. The Service is activities. The Service does not agree Mountains. The only population now aware of all of these localities and will that implementation of section 9(a)(2) of known to grow in this type of habitat is work towards their protection through the Act would impede the recovery located at the Lincoln National Forest— the recovery process. process. The Act provides for issuance Indian Reservation boundary. The Forest Service commented that of a permit for collection of plants for All other known populations are Cirsium vinaceum merits listing as scientific purposes or to enhance the restricted to the area around springs threatened. They recommended propagation or survival of the listed flowing from limestone rock (Fletcher clarification of die critical habitat plant. A permit for collection of Cirsium 1978). Twenty populations are known, section to reflect that adverse vinaceum may be obtained from the with a total of 10,000-15,000 sexually modification of critical habitat would Service for recovery activities. The reproducing plants. Most of the only occur when actions negatively Service will work with the Forest populations are in the Lincoln National impacted areas occupied by the plants Service in planning and implementing Forest, and several are on private lands or the constituent elements of critical the recovery process after the species is and the Mescalero Indian Reservation. habitat. The Service upon reexamination listed. This plant is dependent on springs or has decided that the large critical The National Park Service and the streams. Reduction or removal of this habitat proposed is inappropriate and Bureau of Land Management (BLM) water supply would reduce or eliminate the proposed critical habitat is being commented that this species is not the populations. Water development, as withdrawn (see “Critical Habitat” known to occur on their lands. The the Forest Service indicated in its section). Department of the Army commented comments (see “Summary of Comments The Forest Service also pointed out that “the habitat of this species is not and Recommendations”), is a potential that accurate counts of the plant’s located within those stream reaches threat to Cirsium vinaceum and its numbers have not been made, and that normally associated with Corps of habitat. The unauthorized water the existing number is probably several Engineers’ water resource development (installation of a 1,900-foot times larger than the estimate in the developments. No significant interaction pipeline and construction of a cement proposal. The Service realizes that the with water resource studies or plans is water collection box) of a spring, which exact number of plants is unknown; foreseen should this species be listed as was habitat for Cirsium vinaceum, had however, the best data available at the a threatened species and critical habitat a detrimental effect on the involved time of the proposal indicated 2,000- designated.” population and its habitat. Several 3.000 plants in 14 populations. The final The Bureau of Reclamation (BR) said populations occur at Bluff Springs, an rule reflects the most current the area proposed as critical habitat area heavily used by recreationists. information (20 populations with 10- would not impact existing BR projects. Overuse for recreation or any human- 15.000 individual plants total). BR has studied three alternative dam caused deterioration of the area around The Forest Service indicated that and reservoir sites and “the drainage water development is a real and area studies included western portions the springs could harm the species. potential threat to Cirsium vinaceum, of the proposed critical habitats.” These Logging activities could also impact the but that the suggested limit on water studies, however, were preliminary site populations and their associated habitat development of 500-1,000 meters (1,640- studies, and no further studies have if planning does not include 3,280 feet) downstream from Cirsium been funded to date. The Service has consideration of this species (Fletcher populations was somewhat extreme noted this. 1978). Ground disturbance by livestock because surface water is present only a is detrimental to Cirsium vinaceum few hundred feet downstream of Summary of Factors Affecting the since this thistle is slow to reestablish Cirsium populations. The Forest Service Species itself in disturbed areas (Fletcher 1979). also indicated that water can be After a thorough review and The threat from livestock trampling may developed immediately below existing consideration of all information be greater than previously thought as populations without affecting long term available, the Service has determined evidenced by the increase in numbers of survival of the species. The Service that Cirsium vinaceum should be Cirsium vinaceum in the Bluff Springs agrees that 500-1,000 meters may be classified as a threatened species. area due to exclusion of livestock, and somewhat extreme but the Service does Procedures found at section 4(a)(1) of as evidenced by the depletion in not agree that water can be developed the Endangered Species Act (16 U.S.C. numbers of the Lucas Canyon immediately below existing populations 1531 etseq.) and regulations at 50 CFR population due to excessive livestock without harmful effects. Removal of Part 424 promulgated to implement the use (Overbay 1984). Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations 2 29 35

The Bureau of Reclamation has The area proposed as critical habitat against certain practices. Recognition completed subappraisal-level studies of included 155 square miles and through listing encourages and results in three potential dam and reservoir sites encompassed areas: (1) Occupied by that would be utilized for industrial and conservation actions by Federal, State, Cirsium vinaceum, (2) containing the and private agencies, groups, and domestic water supply. Development of constituent elements required by the any of these sites might pose a threat to individuals. The Endangered Species thistle, and (3) additional areas Act provides for possible land Cirsium vinaceum populations (Olson requested by the Forest Service to allow 1984). No further studies, however, have acquisition and cooperation with the it to adequately plan for and manage States and requires that recovery been funded to date. this plant. Upon review of the comments actions be carried out for all listed B. Overutilization for commercial, and other information in the record, the species. Such actions are initiated by the recreational, scientific, or educational large area included in the proposal to purposes. Plants may occasionally be accommodate the Forest Service’s Service following listing. The protection cut or trampled by recreationists or management needs cannot be justified required of Federal agencies and the collected for scientific or educational as an area that is essential to the prohibitions against collecting are purposes. conservation of C. vinaceum. The discussed, in part, below. C. Disease or predation. The amount proposed critical habitat is thus being Section 7(a) of the Act, as amended, of predation on Cirsium vinaceum by withdrawn. requires Federal agencies to evaluate herbivores is minimal. On occasion a The Service considered the option of their actions with respect to any species browsed flowering stalk or leaf was designating a smaller area (occupied that is proposed or listed as endangered observed, but the majority of areas and areas with constituent or threatened and with respect to any detrimental effects on this species by elements) as critical habitat, but critical habitat. Regulations livestock are due to ground disturbance. concluded that such a designation is not implementing this interagency D. The inadequacy of existing prudent at this time. Such a designation cooperation provision of the Act are regulatory mechanisms. Cirsium would involve description of a number codified at 50 CFR Part 402. Section vinaceum is protected from taking in the of very small areas (approximately 29 7(a)(2) requires Federal agencies to National Forest by Federal regulations acres total) which are not contiguous ensure that activities they authorize, found in 36 CFR 261.9(b). No other State but rather exist as one to several acre fund, or carry out are not likely to or Federal regulations protect this parcels scattered throughout the 155 species. jeopardize the continued existence of a square mile area originally proposed as listed species or to destroy or adversely E. Other natural or manmade factors critical habitat. The provision of this affecting its continued existence. There modify its critical habitat. If a Federal very specific location information action may affect a listed species or its are numerous areas where Cirsium (highlighting the actual springs) could vinaceum formerly existed (such as the critical habitat, the responsible Federal result in vandalism or increased taking agency must enter into formal type locality) or now exists in very low pressures. Springs are easily located and numbers. Many of these sites still consultation with the Service. The only modified by vandals. The Forest Service Federal agencies that may affect or be appear to be suitable habitat for the is aware of the areas which need to be species. The populations that formerly affected by the listing of Cirsium managed for the Cirsium and is vinaceum are the Forest Service and the occurred on them apparently have been proceeding to develop plans for their eliminated or reduced by livestock Bureau of Indian Affairs. Cattle protection. The Forest Service supports trampling and water development impacts or through competition with the the withdrawal of critical habitat and introduced exotic plant species Carduus disturbances are active threats on feels that designation of 29 tracts of one Forest Service lands and may result in nutans and Dipsacus sylvestris (Fletcher to several acres each would only 1978 and 1979). interagency consultation between the complicate and detract from their ability Forest Service and the Service. The Service has carefully assessed the to manage and protect this species. Over best scientific and commercial 90% of the areas occur on lands Effects of water development on information available regarding the past, administered by the U.S. Forest Service. Cirsium vinaceum can be eliminated or present, and future threats faced by this The Service will also work with the minimized by cooperative efforts to species in determining to make this rule Indian Reservation and private allow protection of Cirsium and its final. Based on this evaluation, the landowners through the recovery habitat and to enable water use to preferred action is to list Cirsium process to identify areas where the occur. If water is to be removed from a vinaceum as threatened Threatened species occurs and to protect the water source supporting a Cirsium status seems appropriate since only 20 species. No additional notification population, diverting the water at a populations are known, and these plants benefits would accrue from the point sufficiently downstream of the face potential threats from ground designation of critical habitat. Protection plants will leave enough water for disturbance due to water development of this species’ habitat will be addressed Cirsium 's survival and will avoid and livestock trampling. Critical habitat through the recovery process and habitat disturbance. Water development is not being determined due to factors through the section 7 jeopardy standard. immediately below Cirsium populations discussed in the following section. Therefore, there is no net benefit and it may have harmful effects: therefore, Critical Habitat is not prudent to designate critical water development effects will be habitat for Cirsium vinaceum at this determined on a case-by-case basis and Section 4(a)(3) of the Act, as amended, time. the Service will work closely on this requires that to the maximum extent matter with the Forest Service. Effects of Available Conservation Measures prudent and determinable, the Secretary grazing can be minimized by fencing designate critical habitat at the time a Conservation measures provided to Cirsium populations to eliminate species is determined to be endangered species listed as endangered or livestock trampling. Logging threats or threatened. Critical habitat was threatened under the Endangered have been minimized by a no entry area included in the May 16,1984, proposal Species Act include recognition, condition on a recent timber sale. This (49 FR 20735) which also proposed recovery actions, requirements for condition was imposed by the Forest threatened status for Cirsium vinaceum. Federal protection, and prohibitions Service. 2 2 9 3 6 Federal Register j V ol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations

The Forest Service is currently species will ever be requested. Requests of the New Mexico Academy of preparing a District Management Plan for copies of the regulations on plants Sciences. 1 p. for threatened and endangered species and inquiries regarding them may be Wooton, E.O., and P.C. Standley. 1913. Description of new plants preliminary to a and has begun implementing protective addressed to the Federal Wildlife Permit report upon the flora of New Mexico. measures for Cirsium vinaceum Office, U.S. Fish and Wildlife Service, Contributions from the U.S. National including: Fencing, livestock Washington, DC 20240 (703/235-1903}. Herbarium. 16:109-196. management to eliminate or alleviate National Environmental Policy Act grazing of important areas, and Authors rerouting of recreational activities. The Fish and Wildlife Service has The authors of this final rule are The Act and its implementing determined that an Environmental Peggy Olwell and Alisa Shull, Office of regulations found at 50 CFR 17.71 and Assessment, as defined by the National Endangered Species, U.S. Fish and 17.72 set forth a series of general trade Environmental Policy Act of 1969, need Wildlife Service, P.O. Box 1306, prohibitions and exceptions that apply not be prepared in connection with Albuquerque, New Mexico 87103 (505/ to all threatened plant species. With regulations adopted pursuant to section 766-3972 or FTS 474-3972). Status respect to Cirsium vinaceum, all trade 4(a) of the Endangered Species Act of information was provided by Mr. R. prohibitions of section 9(a)(2) of the Act, 1973, as amended. A notice outlining the Fletcher, U.S. Forest Service, Region 3, implemented by 50 CFR 17.71, apply. Service’s reasons for this determination 517 Gold SW., Albuquerque, New These prohibitions, in part, make it was published in the Federal Register on Mexico 87103. E. LaVeme Smith of the illegal for any person subject to the October 25,1983 (48 FR 49244). Service’s Washington Office of jurisdiction of the United States to Endangered Species served as editor. import or export this plant, transport it Literature Cited List of Subjects in 50 CFR Part 17 in interstate or foreign commerce in the Abbott, J.R. 1983. Cirsium vinaceum. U.S. course of a commercial activity, or sell Forest Service, Southwest Region, Endangered and threatened wildlife, or offer it for sale in interstate or foreign Intrarégional Memorandum, July 18,1983. Fish, Marine mammals, Plants commerce, or remove it from Federal Curran, N .L 1983. Cirsium vinaceum. U.S. (agriculture). Forest Service Memorandum from lands and reduce it to possession. Seeds Regulations Promulgation from cultivated specimens of threatened Cloudcroft Ranger District to Lincoln Forest Supervisor. October 27,1983. plant species are exempt from these PART 17—[AMENDED] prohibitions provided dial a statement Fletcher, R. 1978. Status report Cirsium of “cultivated origin” appears on their vinaceum . U.S. Forest Service, Region 3, Accordingly, Part 17, Subchapter B of Albuquerque, New Mexico. 5 pp. containers. Certain exceptions can Chapter I, Title 50 of the Code of Federal Fletcher, R. 1979. Status report supplement: Regulations, is amended as set forth apply to agents of the Service and State Cirsium vinaceum. U.S. Forest Service, conservation agencies. The Act and 50 Region 3, Albuquerque, New Mexico. 5 pp. below: CFR 17.72 also provide for the issuance Martin, W .C., and C.R. Hutchins. 1980. A 4. The authority citation for Part 17 of permits to carry out otherwise Flora of New Mexico. J. Cramer, viii + 2591 reads as follows: prohibited activities involving pp. Authority: Pub. L. 93-205, 87 Stat. 684; Pub. threatened species under certain Olson, R.A. 1984. Cirsium vinaceum. Bureau L. 94-359, 90 Stat. 911; Pub. L. 95-632,92 Stat. circumstances. International and of Reclamation, Washington, D .C. June 27, 3751; Pub. L. 96-159,93 Stat 1225; Pub. L. 97- interstate commercial trade in Cirsium 1984. 304, 96 Stat. 1411 (16 U.S.C. 1531 e t seq .). vinaceum is not known to exist. It is Overbay, J.C. 1983. Cirsium vinaceum. Response to preliminary listing letter. U.S. 2. Amend § 17.12(h) by adding the anticipated that few trade permits following, in alphabetical order under would ever be sought or issued since Forest Service, Region 3. July 29,1983. Overbay, J.C. 1984. Cirsium vinaceum. U.S. Asteraceae, to the List of Endangered this plant is not common in the wild or Forest Service Southwestern Regional and Threatened Plants: in cultivation. Cirsium vinaceum occurs Intrarégional Memorandum. October 24, § 17.12 Endangered and threatened on Federal lands involving the Forest 1984. Service and Mescalero Indian Todsen, T.K. 1976. Cirsium vinaceum, a plants. ***** Reservation. It is anticipated that few threatened New Mexico species. Abstract removal and possession permits for the of report presented at the annual meeting (h) * * *

Species Critical Special Historic range Status When fisted habitat rules Scientific name Common name

ASTERACEAE—Aster family:

U .S .A .

Dated: May 29,1987. 50 CFR Part 17 ACTION: Final rule. Susan Recce, s u m m a r y : The Service determines two Endangered and Threatened Wildlife Acting Assistant Secretary for Fish and plants, Cyathea dryopteroides and Hex and Plants; Determination of W ildlife and Parks. to be endangered species Endangered Status for Cyathea cookii, pursuant to the Endangered Species Act (FR Doc. 87-13663 Filed 6-15-87; 8:45 am] Dryopteroides and Ilex Cookii BILLING CODE 4310-55-M (Act) of 1973, as amended. These plants are endemic to elfin forests of the AGENCY: Fish and Wildlife Service, Central Cordillera of Puerto Rico at Interior. elevations above 1,000 meters (3,280 Federal Register / Vol. 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations 22937

feet). The species are threatened by exploration of the highest mountain in construction and expansion of in additional disturbance to the Puerto Rico, Cerro de Punta (4,402 feet relatively fragile vegetation. communications facilities and other or 1,338 meters). Subsequently, the Cyathea dryopteroides and Ilex cookii activities. This final rule will implement species was found a little more than 1 the Federal protection and recovery were recommended for Federal listing mile (2 kilometers) to the east on Monte by the Smithsonian Institution (Ayensu provisions afforded by the Act for Jayuya (Vivaldi et al. 1981b). At present, Cyathea dryopteroides and Ilex cookii. and DeFilipps 1978). Both species were only a single 15 foot (4.8 meter) with included among the plants being DATES: The effective date of this rule is 4 small root sprouts is known from July 16,1987. considered as endangered or threatened Cerro de Punta, and several (up to 30) species by the Fish and Wildlife Service, ADDRESSES: The complete file for this sprouts or seedlings less than 24 inches as published in the Federal Register (45 rule is available for inspection, by (60 centimeters) tall are known to be FR 82480) dated December 15,1980. Both appointment, during normal business scattered along the ridgetops of Monte Jayuya. species were designated category 1 hours at the Caribbean Field Office, U.S. (species for which the Service has Ilex cookii is an evergreen or Fish and Wildlife Service, P.O. Box 491, substantial information supporting the small tree with light brown bark, Boqueron, Puerto Rico 00622, and at the appropriateness of proposing to list hairless green twigs, and alternate Service’s Regional Office, Suite 1282, 75 them as endangered or threatened), and elliptic leaves which are leathery, entire, Spring Street, SW, Atlanta, Georgia both were retained in category 1 in the 30303. shiny dark green on the upper surface, and pointed at the apex. The female November 28,1983, update (48 FR 53640) FOR FURTHER INFORMATION CONTACT: of the 1980 notice, and the September 27, Mr. David Densmore at the Caribbean flowers are small and white, and the fruits are drupes. Like Cyathea 1985, revised notice (50 FR 39526). Field Office address (809/851-7297) or In a notice published in the Federal Mr. Richard P. Ingram at the Atlanta dryopteroides, Ilex cookii is endemic to the elfin forests of the Central Register on February 15,1983 (48 FR Regional Office address (404/331-3583 6752), the Service reported the earlier or FTS 242-3583). Cordillera, but the species has only been found near the summits of Cerro de acceptance of the new taxa in the SUPPLEMENTARY INFORMATION: Punta and Monte Jayuya, both of which Smithsonian’s 1978 book as under Background are within the Toro Negro petition within the context of section 4(b)(3)(A) of the Act, as amended in Cyathea dryopteroides was first Commonwealth Forest. Both Cyathea dryopteroides and Ilex 1982. The Service subsequently found on collected by Britton and Brown on October 13,1983, October 12,1984, and Monte Cerrote in 1915, by Sargent on cookii occur at the highest elevations in Puerto Rico, where temperatures as low October 11,1985, that listing Cyathea Monte Jayuya in 1943, and by Woodbury dryopteroides and Ilex cookii was on Monte Guilarte in the late 1960’s as 4 degrees centigrade have been recorded, and rainfall exceeds warranted but precluded by other (Vivaldi et al. 1981a). The species has pending listing actions, in accordance not been collected at any other sites. evapotranspiration throughout the year. The vegetation of these areas is with section 4(b)(3)(B)(iii) of the Act. The Monte Cerrote population has since The Service proposed listing Cyathea been eliminated, and only a small variously termed elfin, dwarf, or cloud forest (Howard 1968, Ewel and dryopteroides and Ilex cookii on population of approximately 10 plants Whitmore 1973), and is September 25,1986 (51 FR 34103). remains on Monte Guilarte. The largest population, consisting of more than 60 physiognomically analogous to similarly Summary of Comments and individuals, exists on Monte Jayuya. named forests elsewhere in the montane Recommendations tropics. Within this vegetation type, Ilex Cyathea dryopteroides is a small In the September 25,1986, proposed (“dwarf’) tree fern reaching 24 inches cookii occurs on more exposed ridges at or below canopy height, while Cyathea rule and associated notifications, all (60 centimeters) in height, with a trunk interested parties were requested to approximately 1 inch (2-3 centimeters) dryopteroides is generally a component of the ground cover within nearly submit factual reports or information in diameter, and bipinnate, nearly monotypic stands of sierra palm that might contribute to the development hairless fronds up to 36 inches (90 [Prestoea montana). of a final rule. Appropriate agencies of centimeters) long and 10 inches (25 The montane forests of central Puerto the Commonwealth of Puerto Rico, centimeters) wide. Although the species Rico have been subjected to increased municipal governments, Federal has always been considered distinct, it human disturbance in recent years with agencies, scientific organizations, and has been alternately placed in the the construction of roads and other interested parties were contacted genera Cyathea and Alsophila, installation of communications facilities and requested to comment. A depending upon the relative importance on the highest peaks. Although the sites newspaper notice inviting general public placed on various morphologic of concern are on lands owned by the comment was published in The San Juan characters. The designation here as Commonwealth of Puerto Rico and Star on October 19,1986. A public Cyathea is based on the most recent managed as part of the Commonwealth hearing was neither requested nor held. classification of the ferns of Puerto Rico Forest System, the summits of Monte Three letters of comment were received (Proctor 1986). The species is endemic to Guilarte, Cerro de Punta, and Monte from the Secretary of the Puerto Rico the elfin forests of the Central Cordillera Jayuya, in addition to some adjacent Department of Natural Resources, the of Puerto Rico and is presently known peaks and ridges, have been cleared for Forest Supervisor of the Caribbean from populations on two peaks construction after being leased to National Forest (U.S. Forest Service), approximately 12 miles (20 kilometers) communications companies. At one site and an administrator of the U.S. Army apart, Monte Guilarte and Monte (Monte Jayuya), clearing of the summit Corps of Engineers (Jacksonville District Jayuya. Both sites are within units of the destroyed what was once thought to be Office). The Department of Natural Commonwealth Forest System (Monte the only population of Cyathea Resources letter supported the proposed Guilarte and Toro Negro). dryopteroides, which consisted of more listing of Cyathea dryopteroides and Ilex cookii was discovered in 1926 by than 100 plants (Vivaldi et al. 1981a). Ilex cookii, while the Forest Service H.A. Gleason and M.T. Cook during More recently, these forests have been acknowledged the proposal and added what was probably the first botanical used as military training areas, resulting that its personnel would look for these 22938 Federal Register / VoL 52, No. 115 / Tuesday, June 16, 1987 / Rules and Regulations species when conducting surveys of rare purposes, Taking for commercial or designate critical habitat at the time the plants in similar habitats within the recreational purposes could become a species is determined to be endangered Caribbean National Forest. The Corps of threat to these two plants, particularly or threatened. The Service finds that Engineers acknowledged the proposal Cyathea dryopteroides. Both species are designation of critical habitat is not and stated that no actions proposed or attractive and can be perceived as prudent for these species at this time. As under consideration by the Corps would having ornamental value, and discussed under threat factor “B” above, affect the species. considerable commercial trade in fern Cyathea dryopteroides and Ilex cookii Summary of Factors Affecting the species exists. All species of the family may be threatened by collecting (other Species Cyatheaceae are listed in Appendix II of species of Cyathea are endangered for the Convention on International Trade this reason), an activity regulated by the After a thorough review and in Endangered Species of Wild Fauna Endangered Species Act with respect to consideration of all information and Flora (CITES). plants only on lands under Federal available, the Service has determined C. Disease or predation. Disease and jurisdiction. Publication of a critical that Cyathea dryopteroides and Ilex predation have not been documented as habitat maps would increase die risk of cookii should be classified as factors in the decline of these species. taking or vandalism. The small size of endangered species. Procedures found at D. The inadequacy of existing the populations and their close section 4(a)(1) of the Endangered regulatory mechanisms. The proximity to principal roads and human Species Act (16 U.S.C. 1531 et seq.) and Commonwealth of Puerto Rico has habitations exacerbate this risk. All regulations (50 CFR Part 424) recently adopted a regulation that involved parties and landowners have promulgated to implement the listing recognizes and provides protection for been notified of the location and provisions of the Act were followed. A certain Commonwealth listed species. importance of protecting these species’ species may be determined to be an However, Cyathea dryopteroides and habitat. Protection of these species’ endangered or threatened species due to Ilex cookii are not yet on the habitat will be addressed through the one or more of the five factors described Commonwealth list. Federal listing recovery process and through the in section 4(a)(1). These factors and would provide interim protection and section 7 jeopardy standard. Thus, their application to Cyathea enhance their protection and determination of critical habitat for dryopteroides Maxon (elfin tree fern) possibilities for recovery. The listing of Cyathea dryopteroides and Ilex cookii and Ilex cookii Britton & Wilson (Cook’s Cyathea dryopteroides in Appendix II of would not be prudent at this time. ) are as follows: CITES provides little protection beyond A . The present or threatened some regulation of international trade. Available Conservation Measures destruction, modification, or curtailment E. Other natural or manmade factors of its habitat or range. Modification of Conservation measures provided to affecting its continued existence. The species listed as endangered or habitat or direct destruction of plants known populations of Cyathea through deforestation, selective cutting, threatened under the Endangered dryopteroides and Ilex cookii are Species Act include recognition, or trampling appear to be die most confined to geographically small areas serious threats to both Cyathea recovery actions, requirements for and specialized habitats: thus they are Federal protection, and prohibitions dryopteroides and Ilex cookii. A more susceptible to natural significant proportion of the total against certain practices. Recognition disturbances, such as hurricanes or through listing encourages and results in number of known plants of Cyathea landslides. Ilex cookii is believed to be conservation actions by Federal, dryopteroides was destroyed by dioecious (male and female flowers Commonwealth, and private agencies, construction of a single communications occur on separate plants), and therefore groups, and individuals. The installation on Monte Jayuya. It is likely dependent upon the existence of both Endangered Species Act provides for that individuals of Ilex cookii were lost male and female plants in close when a similar facility was constructed proximity to each other. The fact that possible land acquisition and cooperation with the Commonwealth on Cerro de Punta. Construction of new male flowers and ripe fruit have never facilities or expansion of existing ones been observed suggests that production and requires that recovery actions be would affect surviving populations of of viable seed rarely occurs. carried out for all listed species. Such Cyathea dryopteroides, and could lead The Service has carefully assessed the actions are initiated by the Service to the extinction of Ilex cookii. In best scientific and commercial following listing. The protection required addition, the original construction of information available regarding the past, of Federal agencies and the prohibitions Road 143 through the Toro Negro forest present, and future threats faced by against collecting are discussed, in part, undoubtedly affected populations of these species in determining to make below. both species, and the remaining plants this rule final. Based on this evaluation, Section 7(a) of the Act, as amended, in this area are dose enough to the road the preferred action is to list Cyathea requires Federal agencies to evaluate that significant roadwork or the indirect dryopteroides and Ilex cookii as their actions with respect to any species effects of such work (i.e., slope endangered. Since there are few that is proposed or listed as endangered instability) could further reduce their individuals remaining and a continuing or threatened and with respect to its numbers. Finally, repeated trampling or risk of damage to the plants and/or their critical habitat, if any is being clearing of ground cover during the habitat, endangered status is believed to designated. Regulations implementing military training maneuvers which are be an accurate assessment of the this interagency cooperation provision planned for the general area could species’ condition. It is not prudent to of the Act are codified at 50 CFR Part adversely modify habitat and cause the designate critical habitat because doing 402. Section 7(a)(2) requires Federal direct loss of some plants. Proper so would increase the risk to each agencies to ensure that activities they planning for both the road construction species, as detailed below. authorize, fund, or carry out are not and military maneuvers will need to likely to jeopardize the continued include provisions to provide for the Critical Habitat existence of such a listed species or to survival of these two plants. Section 4(a)(3) of the Act, as amended, destroy or adversely modify its critical B. Overutilization for commercial, requires that, to the maximum extent habitat. If a Federal action may affect a recreational, scientific, or educational prudent and determinable, the Secretary listed species or its critical habitat the Federal Register / Vol. 52, No. 115 / Tuesday. June 16, 1987 / Rules and Regulations 2 2 9 3 9

responsible Federal agency must enter anticipated that few trade permits dryopteroides (Maxon) Tryon. Unpublished into formal consultation with the would ever be sought or issued since status report submitted to the U.S. Fish and Service. No critical habitat is being neither species is known to be in Wildlife Service, Atlanta, Georgia. 41 pp. designated for either Cyathea cultivation and both are uncommon in Vivaldi, J.L., R.O. Woodbury, and H. Diaz- dryopteroides or Ilex cookii, as the wild. Requests for copies of the Soltero. 1981b. Status report on Ilex cookii discussed above. Federal involvement regulations on plants and inquiries Britton & Wilson. Unpublished status exists with regard to the aforementioned report submitted to the U.S. Fish and regarding them may be addressed to the Wildlife Service, Atlanta, Georgia. 44 pp. road construction and maintenance Federal Wildlife Permit Office, U.S. Fish (Federal Highway Administration) and and Wildlife Service, Washington, DC Author military maneuvers (U.S. Army) (see 20240 (703/235-1903). discussion under Factor A. of the The primary author of this final rule is “Summary of Factors” section). Through National Environmental Policy Act Mr. David Densmore, Caribbean Field Office, U.S. Fish and Wildlife Service, careful planning, adverse impacts to The Fish and Wildlife Service has these two species can be minimized. P.O. Box 491, Boqueron, Puerto Rico determined that an Environmental 00622 (809/851-7297). The Act and its implementing Assessment, as defined under the regulations found at 50 CFR 17.61,17.62, authority of the National Environmental List of Subjects in 50 CFR Part 17 and 17.63 set forth a series of general Policy Act of 1969, need not be prepared trade prohibitions and exceptions that Endangered and threatened wildlife, in connection with regulations adopted Fish, Marine mammals, Plants apply to all endangered plants. With pursuant to section 4(a) of the (agriculture). respect to Cyathea dryopteroides and Endangered Species Act of 1973, as Ilex cookii, all trade prohibitions of amended. A notice outlining the reasons Regulations Promulgation section 9(a)(2) of the Act, implemented for this determination was published in by 50 CFR 17.61, apply. These the Federal Register on October 25,1983 PART 17—[AMENDED] prohibitions, in part, make it illegal for (48 FR 49244). Accordingly, Part 17, Subchapter B of any person subject to the jurisdiction of References Cited Chapter I, Title 50 of the Code of Federal the United States to import or export Regulations, is amended as set forth these plants, transport them in interstate Ayensu, E.S., and R.A. DeFilipps. 1978. below: or foreign commerce in the course of a Endangered and Threatened Plants of the 1. The authority citation for Part 17 commercial activity, sell or offer them United States. Smithsonian Institution and continues to read as follows: for sale in interstate or foreign World Wildlife Fund, Washington, D C xv commerce, or remove them from areas + 403 pp. Authority: Pub. L. 93-205, 87 Stat. 884; Pub. under Federal jurisdiction and reduce Ewel, J.J., and J.L Whitmore. 1973. The L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. ecological life zones of Puerto Rico and the 3751; Pub. L 96-159, 93 Stat. 1225; Pub. L. 97- them to possession. Certain exceptions U.S. Virgin Islands. USDA-Forest Service, 304, 96 Stat. 1411 (16 U .S .C . 1531 et seq .). can apply to agents of the Service and Res. Pap. ITF-18. 72 pp. Commonwealth conservation agencies. Howard, R .A 1968. The of an elfin 2. Amend § 17.12(h) by adding the The Act and 50 CFR 17.62 and 17.63 also forest in Puerto Rico, 1. Introduction and following, in alphabetical order under provide for the issuance of permits to composition studies. J. Arnold Arboretum the families indicated, to the List of carry out otherwise prohibited activities 49(4): 381-418. Endangered and Threatened Plants: involving endangered plant species Proctor, G.R. 1986. Ferns of Puerto Rico and the Virgin Islands. New York Botanical § 17.12 Endangered and threatened under certain circumstances. Although Garden (In Press). plants. there may be some horticultural interest Vivaldi, J.L., R.O. Woodbury, and H. Diaz- ***** in Cyathea dryopteroides, it is Soltero. 1981a. Status report on A lso p h ila (h) * * *

Species Scientific name Common name Historic range Status When listed £**

Aquifoliaceae— Holly family:

" eXCOOkS-...... HH ...... Cook’s holly ------U.S.A. (PR)...... E 277 NA NA

Cyatheaceae—Tree-fern family: Cyathea dryopteroides ------Elfin tree fern...... ______...... U.S.A. (PR)...... E 277 NA NA

Dated: May 29,1987. SO CFR Part 17 species. This herbivorous freshwater Susan Recce, Endangered and Threatened Wildlife turtle is restricted to the lower part of and Plants; Determination of Acting Assistant Secretary for Fish and the floodplain of the Mobile River W ildlife and Parks. Endangered Status for the Alabama drainage system in Baldwin and Mobile Red-Beilied Turtle Counties, Alabama. There is only one [FR Doc. 87-13664 Filed 6-15-87; 8:45 am) AGENCY: Fish and Wildlife Service, known nesting area receiving repeated BILLING CODE 4310-55-M Interior. annual use, and turtles nesting at this a c t io n : Final rule. location are threatened by high incidence of egg predation and human SUM M ARY: The Service determines the disturbance. These factors combined Alabama red-bellied turtle (Pseudemys with an apparent small population size, alabamensis) to be an endangered low recruitment, and this turtle’s