Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65783

Council has opened DFARS Case 97– DEPARTMENT OF THE INTERIOR collector Paul Sintenis in 1886. D033 to revise DFARS Subpart 204.70, Although duplicate specimens are Uniform Procurement Instrument Fish and Wildlife Service maintained at other , the Identification Numbers, to address original collections were in the various issues associated with the use of 50 CFR Part 17 at Berlin-Dahlem and were Procurement Instrument Identification RIN 1018±AE48 destroyed by the bombing during World Numbers (PIINs) and Supplemental War II. Procurement Instrument Identification Endangered and Threatened Wildlife The species has also been reported Numbers (SPIINs). and ; Proposed Endangered from Barbuda and , islands Status for Melanocarpa of the Lesser Antilles (Howard 1989, a. Among the revisions under Proctor 1991). While little is known consideration is one to increase the AGENCY: Fish and Wildlife Service, about the ’s status on these islands, length of SPIINs used to identify call or Interior. the Center for Plant Conservation (1992) order numbers under contracts awarded ACTION: Proposed rule. describes it as rare on Antigua. It was by another activity from 4 characters to not rediscovered in St. Croix until 1988 13, or possibly 15, characters. This SUMMARY: The Service proposes to and to date, it has not been relocated in revision is similar to a revision included determine (no the Gua´nica, , area. The St. in an earlier proposed rule, DFARS Case common name) to be an endangered Croix population, located near 92–D044, that was published in the species pursuant to the Endangered Christiansted, consists of about 24 Federal Register on August 18, 1994 (59 Species Act of 1973, as amended (Act). individual plants (Breckon and FR 42566), and that was withdrawn on Catesbaea melanocarpa is known from Kolterman 1993). In 1995, a small December 28, 1994 (59 FR 66884), in Puerto Rico, St. Croix in the U.S. Virgin population, consisting of one response to public comments addressing Islands, Barbuda, Antigua, and individual, was located in Cabo Rojo, the significant cost impact it would Guadeloupe. In Puerto Rico, it is Puerto Rico (Puerto Rico Planning Board have on existing automated systems. currently known from only one location 1995). One specimen, collected in 1974, The notice withdrawing the proposed in Cabo Rojo, and in the U.S. Virgin located in the herbarium in San Juan rule stated that ‘‘. . . both industry and Islands, it is known from one location apparently originated from the Susu´ a Government should ensure that these near Christiansted, St. Croix. Both Commonwealth Forest. However, this proposed revisions can be populations are located on privately specimen is sterile and in depauperate accommodated in any future automated owned land subject to intense pressure condition; therefore, its identification systems.’’ The DAR Council is for development for residential, tourism cannot be confirmed. interested in hearing from industry and and industrial purposes. This proposal, Catesbaea melanocarpa, of the family Government activities with respect to if made final, would implement the , belongs to a which their ability to accommodate such a Federal protection and recovery consists of ten or more species of spiny change at this time. The Council asks provisions afforded by the Act for C. . Most are confined to the that respondents specifically address melanocarpa. The Service seeks data Antilles but some may extend into the whether assignment of a unique 13 (or and comments from the public on this Bahamas and the Florida Keys. In possibly 15) character SPIIN for every proposal. Puerto Rico, two species are known—C. order (i.e., every call or order would DATES: Comments from all interested melanocarpa and C. parviflora. These have a completely unique SPIIN, and, parties must be received by February 17, two species are differentiated by the size therefore, could be tracked by reference 1998. Public hearing requests must be and color of the fruits, black and larger, to its SPIIN only) would improve the received by January 30, 1998. 5 to 6 millimeters (mm) (.19 to .23 potential benefits of the contemplated ADDRESSES: Comments and materials inches (in)) in diameter, in the former revision. concerning this proposal should be sent and white and smaller 2 to 4 mm (.07 to the Field Supervisor, Boquero´n Field to .15 in) in diameter, in the latter b. Other issues under consideration (Breckon and Kolterman 1993, Britton include: Office, U.S. Fish and Wildlife Service, P.O. Box 491, Boquero´n, Puerto Rico and Wilson 1925). Some authors note 1. To ensure compatibility with 00622. Comments and materials that C. melanocarpa may be a synonym automated systems that use contract received will be available for public or variant of C. parviflora (Howard numbers, should there be a uniform inspection, by appointment, during 1989, Proctor 1991) and recommend contract numbering system, or an agreed normal business hours at this office. further review. However, Breckon and upon maximum number of characters, Kolterman (1993) and the Center for FOR FURTHER INFORMATION CONTACT: for basic contract numbers assigned to Ms. Plant Conservation (1992) recommend all contracts subject to the Federal Susan Silander, Botanist, at the its protection due to the extremely small ´ ADDRESSES Acquisition Regulation or, at least, to Boqueron Field Office (see number of individuals currently known, any such contracts that may have calls section) (787/851–7297, facsimile 787/ the intense pressure for development in or orders issued under them by other 851–7440). these areas, and the potential for an agencies? SUPPLEMENTARY INFORMATION: appreciable loss of the species’ genetic 2. Is there a need to use more than diversity. Background Catesbaea melanocarpa is a two digits to designate the fiscal year Catesbaea melanocarpa (no common branching which may reach within PIINs, and possibly SPIINs, to name) was first discovered in the mid- approximately 3 meters (9.8 feet) in avoid potential Year 2000 problems in nineteenth century on the British island height. Spines are borne at every automated systems? of Antigua by the German collector internode and are from 1 to 2 Michele P. Peterson, Hienrich Rudolph Wullschlaegel. It was centimeters (.39 to .78 in) long. Leaves Executive Edtior, Defense Acquisition found in St. Croix, U.S. Virgin Islands, are small, from 5 to 25 mm (.19 to 1.0 Regulations Council. in about 1881 by the Danish collector in) long and 2 to 15 mm (.07 to .58 in) [FR Doc. 97–32757 Filed 12–15–97; 8:45 am] Baron H. F. A. von Eggers and in wide, often fascicled (clustered), and the BILLING CODE 5000±04±M Gua´nica, Puerto Rico, by the German small stipules are deciduous. The 65784 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules flowers are white, solitary or paired, and concurrently undertake all of the research. The Territory of the U.S. almost sessile in the axils. The corolla activities included in Tiers 1, 2, and 3’’ Virgin Islands has amended an existing is funnelform and from 8 to 10 mm (.31 (61 FR 64480). The Service announced regulation to provide for protection of to .39 in) long. The fruit is globose, 5 to an extension on October 23, 1997, (62 endangered and threatened wildlife and 6 mm (.19 to .23 in) in diameter, and FR 55268) of the guidance for FY 1997. plants. Catesbaea melanocarpa is black with a crustaceous pericarp. The The guidance will remain in effect until considered by the U.S. Virgin Islands to two-celled fruit contains five to seven the FY 1998 appropriations bill for the be endangered (see ‘‘Available seeds in each cell (Proctor 1991). Department of the Interior becomes law Conservation Measures’’ for discussion and new final guidance is published in of prohibitions). As with the Previous Federal Action the Federal Register. Commonwealth, the existence of a Catesbaea melanocarpa was section 6 Cooperative Agreement with Summary of Factors Affecting the identified as a category 2 candidate the Service will increase possibilities for Species species in Notices of Review published funding needed research with this plant. in the Federal Register on February 21, Section 4 of the Act and regulations E. Other natural or manmade factors 1990 (55 FR 6184), and September 30, (50 CFR part 424) promulgated to affecting its continued existence. One of 1993 (58 FR 51144). Prior to 1996, a implement the listing provisions of the the most important factors affecting the category 2 species was one that was Act set forth the procedures for adding continued survival of this species is its being considered for possible addition species to the Federal lists. A species limited distribution. Because so few to the Federal List of Endangered and may be determined to be endangered or individuals are known to occur, the risk Threatened Plants, but for which threatened due to one or more of the of extinction is extremely high. conclusive data on biological five factors described in section 4(a)(1). Catastrophic natural events, such as vulnerability and threats were not These factors and their application to hurricanes, may dramatically affect available to support a proposed rule. Catesbaea melanocarpa (Krug and forest species composition and structure Designation of category 2 species was Urban) are as follows: by felling large trees and creating discontinued in the February 28, 1996, A. The present or threatened numerous canopy gaps. Breckon and Notice of Review (61 FR 7956). destruction, modification, or Kolterman (1993) documented the loss Catesbaea melanocarpa was approved curtailment of its habitat or range. of individuals in St. Croix following the as a candidate by the Service on Catesbaea melanocarpa is known only passing of in 1989. September 6, 1995, and identified as a from Puerto Rico, St. Croix, Barbuda, The Service has carefully assessed the candidate in the 1996 Notice of Review. Antigua, and Guadeloupe. Available best scientific and commercial A candidate species is a species for information indicates that it is rare on information available regarding the past, which the Service has sufficient Antigua (Center for Plant Conservation present, and future threats faced by this information to propose it for protection 1992). In Puerto Rico, it is known from species in determining to propose this under the Act. This small shrub is a single individual on privately owned rule. Based on this evaluation, the considered a ‘‘critical’’ plant species by land. In St. Croix it is known from only preferred action is to list Catesbaea the Natural Heritage Program of the one population consisting of about 24 melanocarpa as endangered. Within the Puerto Rico Department of Natural and individuals, also on privately owned United States, the species is known Environmental Resources. The Center land. The known individual from Cabo from only one locality in Puerto Rico for Plant Conservation (1992) has Rojo, Puerto Rico, is located on land and one in St. Croix, U.S. Virgin Islands. assigned the species a Priority Status of currently proposed for a residential/ Deforestation for residential and tourism A (a species which could possibly go tourism development consisting of a development are imminent threats to extinct in the wild in the next 5 years). hotel, condo-hotel, residential villas and the survival of the species. Therefore, Because of budgetary constraints and lots, a golf course, and other associated endangered rather than threatened the lasting effects of a congressionally facilities. In St. Croix, the population is status more accurately describes the imposed listing moratorium, the Service located near Christiansted on land also species’ condition. The reasons for not is processing listing actions according to subject to pressure for development. proposing critical habitat for this the listing priority guidance published B. Overutilization for commercial, species are discussed below in the in the Federal Register on December 5, recreational, scientific, or educational ‘‘Critical Habitat’’ section. 1996 (61 FR 64475). The guidance purposes. The use of the species for Critical Habitat clarifies the order in which the Service such purposes has not been documented will process listing actions during fiscal as a factor in its decline. Critical habitat is defined in section 3 year (FY) 1997. The guidance calls for C. Disease or predation. Disease and of the Act as: (i) the specific areas giving highest priority to handling predation have not been documented as within the geographical area occupied emergency situations (Tier 1) and factors in the decline of this species. by a species, at the time it is listed in second highest priority (Tier 2) to D. The inadequacy of existing accordance with the Act, on which are resolving the status of outstanding regulatory mechanisms. The found those physical or biological proposed listings. Third priority (Tier 3) Commonwealth of Puerto Rico has features (I) essential to the conservation is given to resolving the conservation adopted a regulation that recognizes and of the species and (II) that may require status of candidate species and provides protection for certain special management considerations or processing administrative findings on Commonwealth listed species. However, protection; and (ii) specific areas petitions to add species to the lists or Catesbaea melanocarpa is not yet on the outside the geographic area occupied by reclassify threatened species to Commonwealth list. Federal listing a species at the time it is listed, upon endangered status. The processing of would provide immediate protection a determination that such areas are this proposed rule falls under Tier 3. At under the Act and, by virtue of an essential for the conservation of the this time, the Southeast Region has no existing section 6 agreement with the species. ‘‘Conservation’’ means the use pending Tier 1 actions and is near Commonwealth, listing will also assure of all methods and procedures needed completion of its pending Tier 2 actions. the addition of this species to the to bring the species to the point at Additionally, the guidance states that Commonwealth list and enhance which listing under the Act is no longer ‘‘effective April 1, 1997, the Service will possibilities for funding needed necessary. Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65785

Section 4(a)(3) of the Act, as Forest). As managers of these habitat. If a Federal action may affect a amended, and implementing regulations subtropical dry forest lands, the Service listed species or its critical habitat, the (50 CFR 424.12) require that, to the and the Puerto Rico Department of responsible Federal agency must enter maximum extent prudent and Natural and Environmental Resources into formal consultation with the determinable, the Secretary shall are actively involved in conservation Service. No critical habitat is being propose critical habitat at the time the activities. Both agencies are committed proposed for this species, as discussed species is proposed to be endangered or to the protection of these forested areas above. Federal involvement may threatened. Service regulations (50 CFR and would minimize or avoid any include Federal funding for rural 424.12(a)(1)) state that the designation impacts to such habitat. Any housing and development (for example, of critical habitat is not prudent when introduction would be closely funding by agencies such as the Rural one or both of the following situations coordinated with the area’s managers. Development or Housing and Urban exist—(1) the species is threatened by Introduction of this species onto Development). taking or other human activity, and unoccupied private lands likely would The Act and its implementing identification of critical habitat can be not be pursued because suitable habitat regulations set forth a series of general expected to increase the degree of threat under private ownership occurs only in trade prohibitions and exceptions that to the species, or (2) such designation of very small patches which are apply to all endangered plants. All critical habitat would not be beneficial interspersed among developed areas and prohibitions of section 9(a)(2) of the Act, to the species. The Service finds that are too small for introduction. For these implemented by 50 CFR 17.61, apply. designation of critical habitat for reasons, the Service believes that These prohibitions, in part, make it Catesbaea melanocarpa is not prudent designation of currently unoccupied illegal for any person subject to the because such designation would not be habitat of this species as critical habitat jurisdiction of the United States to beneficial to the species. would not result in any additional import or export any endangered plant, Critical habitat designation, by benefit to the species and, therefore, transport it in interstate or foreign definition, directly affects only Federal such designation is not prudent. commerce in the course of a commercial agency actions through consultation activity, sell or offer it for sale in under section 7(a)(2) of the Act. Section Available Conservation Measures interstate or foreign commerce, or 7(a)(2) requires Federal agencies to Conservation measures provided to remove and reduce to possession the ensure that activities they authorize, species listed as endangered or species from areas under Federal fund, or carry out are not likely to threatened under the Act include jurisdiction. In addition, for plants jeopardize the continued existence of a recognition, recovery actions, listed as endangered, the Act prohibits listed species or destroy or adversely requirements for Federal protection, and the malicious damage or destruction on modify its critical habitat. Neither of the prohibitions against certain practices. areas under Federal jurisdiction and the two known populations of Catesbaea Recognition through listing encourages removal, cutting, digging up, or melanocarpa occur on Federal land. and results in conservation actions by damaging or destroying of endangered However, Federal involvement with this Federal, Commonwealth, Territory and plants in knowing violation of any species may occur through the use of private agencies, groups and Commonwealth or Territorial law or Federal funding for rural housing and individuals. The Act provides for regulation, including Commonwealth or development on non-Federal lands. The possible land acquisition and Territorial criminal trespass law. Certain use of such funding for projects cooperation with the Commonwealth exceptions can apply to agents of the affecting occupied habitat for this and/or Territory and requires that Service and Commonwealth and species would be subject to review recovery actions be carried out for all Territorial conservation agencies. under section 7(a)(2), whether or not listed species. Such actions are initiated The Act and 50 CFR 17.62 and 17.63 critical habitat was designated. The by the Service following listing. The also provide for the issuance of permits precarious status of C. melanocarpa is protection required of Federal agencies to carry out otherwise prohibited such that any adverse modification or and the prohibitions against certain activities involving endangered plants destruction of its occupied habitat activities involving listed plants are under certain circumstances. Such would also jeopardize its continued discussed, in part, below. permits are available for scientific existence. This would also hold true as Section 7(a) of the Act, as amended, purposes and to enhance the the species recovers and its numbers requires Federal agencies to evaluate propagation and survival of the species. increase. In addition, the Service their actions with respect to any species It is anticipated that few trade permits believes that notification of Federal that is proposed or listed as endangered for this species will ever be sought or agencies of the areas where these plants or threatened and with respect to its issued, since the species is not known occur can be accomplished without the critical habitat, if any is being to be in cultivation and is uncommon in designation of critical habitat. All designated. Regulations implementing the wild. involved parties and landowners have this interagency cooperation provision It is the policy of the Service, been notified of the location and of the Act are codified at 50 CFR part published in the Federal Register on importance of protecting this species’ 402. Section 7(a)(4) requires Federal July 1, 1994 (59 FR 34272), to identify habitat. For these reasons, the Service agencies to confer with the Service on to the maximum extent practicable believes that designation of currently any action that is likely to jeopardize those activities that would or would not occupied habitat of this species as the continued existence of a proposed constitute a violation of section 9 of the critical habitat would not result in any species or result in destruction or Act at the time of listing. The intent of additional benefit to the species and adverse modification of proposed this policy is to increase public that such designation is not prudent. critical habitat. If a species is awareness of the effect of listing on Potential introduction sites within subsequently listed, section 7(a)(2) proposed or ongoing activities. The only unoccupied lands occur on lands under requires Federal agencies to ensure that known populations of Catesbaea Federal management (Cabo Rojo, Laguna activities they authorize, fund, or carry melanocarpa are located on privately Cartagena and Sandy Point National out are not likely to jeopardize the owned land. Since there is no Federal Wildlife Refuges) and Commonwealth continued existence of the species or to ownership, and the species is not management (Gua´nica Commonwealth destroy or adversely modify its critical currently in trade, the only potential 65786 Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules section 9 involvement would relate to (2) The location of any additional Volume VI—Part 2. Botany of Porto Rico removing or damaging the plant in populations of this species and the and the Virgin Islands. Descriptive flora— knowing violation of Commonwealth or reasons why any habitat should or Spermatophyta (continued). New York Territorial law, or in knowing violation should not be determined to be critical Academy of Sciences, New York. 158 pp. Center for Plant Conservation. 1992. Report of Commonwealth or Territorial habitat pursuant to section 4 of the Act; on the Rare Plants of Puerto Rico. Missouri criminal trespass law. Section 15.01(b) (3) Additional information concerning Botanical Garden, St. Louis, Missouri. of the Commonwealth ‘‘Regulation to the range, distribution, and population Howard, R.A. 1989. Flora of the Lesser Govern the Management of Threatened size of this species; and Antilles. Leeward and Windward Islands. and Endangered Species in the (4) Current or planned activities in the Volume 6. Dicotyledoneae—Part 3. Arnold Commonwealth of Puerto Rico’’ states: subject areas and their possible impacts Arboretum, Harvard University, ‘‘It is illegal to take, cut, mutilate, on this species. Plain, Massachusetts. 658 pp. uproot, burn or excavate any Final promulgation of the regulation Liogier, H.L. and L.F. Martorell. 1982. Flora endangered plant species or part thereof on Catesbaea melanocarpa will take of Puerto Rico and Adjacent Islands: a into consideration the comments and systematic synopsis. Editorial de la within the jurisdiction of the Universidad de Puerto Rico, Rı´o Piedras, Commonwealth of Puerto Rico.’’ The any additional information received by Puerto Rico. 342 pp. U.S. Virgin Island regulation states that the Service, and such communications Proctor, G. R. 1991. Puerto Rican plant ‘‘no person may harass, injure or kill, or may lead to a final regulation that species of special concern. Status and attempt to do the same, or sell or offer differs from this proposal. recommendations. Publicacion Cientifica for sale any specimen, or parts or The Act provides for one or more Miscelanea No. 2. Departamento de produce of such specimen, of an public hearings on this proposal, if Recursos Naturales de Puerto Rico. San endangered or threatened species.’’ The requested. Requests must be filed within Juan, Puerto Rico. 197 pp. Service is not aware of any otherwise 45 days of the proposal. Such requests Puerto Rico Planning Board. 1995. Draft must be made in writing and addressed Environmental Impact Statement for Monte lawful activities being conducted or Carlo Resort and Boqueron Bay Site. San proposed by the public that will be to the Supervisor, Boquero´n Field Office Juan, Puerto Rico. 88 pp. affected by this listing and result in a (see ADDRESSES section). Author. The primary author of this violation of section 9. National Environmental Policy Act proposed rule is Ms. Susan Silander, Questions regarding whether specific Boquero´n Field Office (see ADDRESSES The Fish and Wildlife Service has activities will constitute a violation of section). determined that an Environmental section 9 should be directed to the Field Assessment and Environmental Impact List of Subjects in 50 CFR Part 17 Supervisor of the Service’s Statements, as defined under the Field Office (see ADDRESSES section). Endangered and threatened species, authority of the National Environmental Requests for copies of the regulations on Exports, Imports, Reporting and Policy Act of 1969, need not be listed species and inquiries regarding recordkeeping requirements, prepared in connection with regulations prohibitions and permits should be Transportation. adopted pursuant to section 4(a) of the addressed to the U.S. Fish and Wildlife Act. A notice outlining the Service’s Proposed Regulation Promulgation Service, Ecological Services, 1875 reasons for this determination was Century Boulevard, Atlanta, Georgia Accordingly, the Service hereby published in the Federal Register on 30345–3301 (404/679–7313). proposes to amend part 17, subchapter October 25, 1983 (48 FR 49244). B of chapter I, title 50 of the Code of Public Comments Solicited Required Determinations Federal Regulations, as set forth below: The Service intends that any final The Service has examined this PART 17Ð[AMENDED] action resulting from this proposal will regulation under the Paperwork be as accurate and as effective as Reduction Act of 1995 and found it to 1. The authority citation for Part 17 possible. Therefore, comments or contain no information collection continues to read as follows: suggestions from the public, other requirements. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. concerned governmental agencies, the 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– scientific community, industry, or any References Cited 625, 100 Stat. 3500, unless otherwise noted. other interested party concerning any Breckon, G. and D. Kolterman. 1993. 2. Amend section 17.12(h) by adding aspect of this proposed rule are hereby Catesbaea melanocarpa Krug & Urban the following, in alphabetical order solicited. Comments particularly are [Rubiaceae]. Final Report under under FLOWERING PLANTS, to the list sought concerning: Cooperative Agreement No. 14–16–0004– 92–970 between the U.S. Fish and Wildlife of Endangered and Threatened Plants: (1) Biological, commercial trade, or Service and the University of Puerto Rico, § 17.12 Endangered and threatened plants. other relevant data concerning any Mayaguez Campus. threat (or lack thereof) to Catesbaea Britton, N.L. and P. Wilson. 1925. Scientific * * * * * melanocarpa; survey of Porto Rico and the Virgin Islands. (h) * * *

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

FLOWERING PLANTS ******* Catesbaea None ...... U.S.A. (PR, VI) Anti- Rubiaceae ...... E ...... NA NA melanocarpa. gua, Barbuda, Guadeloupe. ******* Federal Register / Vol. 62, No. 241 / Tuesday, December 16, 1997 / Proposed Rules 65787

Dated: November 25, 1997. This salamander is a member of the et al. 1988). Wiregrasses (Aristida sp.), Director, Fish and Wildlife Service, family Ambystomatidae, the mole especially A. beyrichiana, are often the Jamie Rappaport Clark, salamanders, which contains 15 North dominant grasses in the herbaceous [FR Doc. 97–32738 Filed 12–15–97; 8:45 am] American species. A phylogenetic ground cover (Wolfe et al. 1988). The BILLING CODE 4310±55±P analysis of ambystomatid salamanders ground cover supports a rich was used to determine that the herbivorous invertebrate community flatwoods salamander is most closely which serves as a food source for the DEPARTMENT OF THE INTERIOR related to the ringed salamander (A. flatwoods salamander. annulatum), which occurs in portions of Adult and subadult flatwoods Fish and Wildlife Service Arkansas, Missouri, and Oklahoma salamanders are fossorial (adapted for (Shaffer et al. 1991). living underground) (Mount 1975). They 50 CFR Part 17 The flatwoods salamander is a enlarge crayfish burrows (Ashton 1992) RIN 1018±AE38 slender, small-headed mole salamander or build their own. Captive flatwoods that rarely exceeds 13 centimeters (cm) salamanders have been observed digging Endangered and Threatened Wildlife (approximately 5 inches (in)) in length burrows and resting at night with just and Plants; Proposed Rule to List the when fully mature (Means 1986, Conant the tip of their heads exposed (Goin Flatwoods Salamander as Threatened and Collins 1991, Ashton 1992). Adult 1950). Preliminary data indicate that dorsal color ranges from black to flatwoods salamander males first breed AGENCY: Fish and Wildlife Service, chocolate-black with highly variable at 1 year of age and females at 2 years Interior. fine, light gray lines forming a netlike or of age (Palis 1996). There are no data on ACTION: Proposed rule and notice of cross-banded pattern across the back survivorship by age class for the species. petition finding. (Palis 1996). Undersurfaces are plain The longevity record for their close gray to black with a few creamy or relative, A. annulatum, is 4 years, 11 SUMMARY: The U.S. Fish and Wildlife pearl-gray blotches or spots. Sexual months; however, many Service (Service) proposes to list the dimorphism is only apparent in Ambystomatidae live 10 years or longer flatwoods salamander (Ambystoma breeding males (swollen cloacal region) (Snider and Bowler 1992). cingulatum) as a threatened species or in gravid females. Adults most Adult flatwoods salamanders move to under the authority of the Endangered closely resemble Mabee’s salamander, their wetland breeding sites during Species Act of 1973, as amended (Act). A. mabeei, with which it shares part of rainy weather, in association with cold This salamander occurs in isolated its range in South Carolina (Martof fronts, from October to December (Palis populations scattered across the lower 1968). Mabee’s salamanders are often 1997). Breeding sites are isolated (not southeastern Coastal Plain in Florida, more brownish; have light flecking connected to any other water body) Georgia, and South Carolina. Habitat concentrated on their sides rather than pond cypress (Taxodium ascendens), loss and degradation from agriculture, the overall pattern of the flatwoods blackgum (Nyssa sylvatica var. biflora), urbanization, and silvicultural practices salamander; and have a single row of or slash pine dominated depressions have resulted in the loss of over 80 jaw teeth as opposed to multiple rows which dry completely on a cyclic basis. percent of its pine flatwoods habitat. in the flatwoods salamander (Conant They are generally shallow and Surviving populations are currently and Collins 1991). relatively small. Breeding sites in threatened by the continued destruction Flatwoods salamander larvae are long Florida have a mean size of 1.49 and degradation of their habitat. This and slender, broad-headed and bushy- hectares (ha) (3.68 acres (ac)) and a proposed rule, if made final, would gilled, with white bellies and striped mean depth of less than 39.2 cm (15.4 extend the Act’s protection to this sides (Means 1986, Ashton 1992, Palis in) (Palis, in press). These wetlands species. 1995d). They have distinctive color have a marsh-like appearance with DATES: Comments from all interested patterns, typically a tan mid-dorsal sedges often growing throughout and parties must be received by February 17, stripe followed by a grayish black wiregrasses (Aristida sp.), panic grasses 1998. Public hearing requests must be dorsolateral stripe, a pale cream mid- (Panicum spp.), and other herbaceous received by January 30, 1998. lateral stripe, a blue-black lower lateral species concentrated in the shallow ADDRESSES: Comments and materials stripe and a pale yellow ventrolateral water edges. Trees and shrubs grow both concerning this proposal should be sent stripe (Palis 1995d). The head has a dark in and around the ponds. A relatively to the Field Supervisor, U.S. Fish and brown stripe passing through the eye open canopy is necessary to maintain Wildlife Service, 6578 Dogwood View from the nostril to the gills (Means the herbaceous component which serves Parkway, Jackson, Mississippi 39213. 1986). as cover for flatwoods salamander larvae Optimum habitat for the flatwoods Comments and materials received will and their aquatic invertebrate prey. salamander is an open, mesic woodland be available for public inspection, by Flatwoods salamander larvae were not of longleaf/slash pine (Pinus palustris/P. appointment, during normal business captured in sample plots with a high elliottii) flatwoods maintained by hours at the above address. proportion of detritus or open water in frequent fires. Pine flatwoods are a study on the Apalachicola National FOR FURTHER INFORMATION CONTACT: Ms. typically flat, low-lying open woodlands Forest in Florida (Sekerak et al., in Linda LaClaire at the above address, or that lie between the drier sandhill press). Ponds typically have a telephone 601/965–4900, Ext. 26; community upslope and wetlands down burrowing crayfish fauna (genus facsimile 601/965–4340. slope (Wolfe et al. 1988). An organic Procambarus) and a diverse SUPPLEMENTARY INFORMATION: hardpan, 0.3 to 0.7 meters (m)(1 to 2 macroinvertebrate fauna, but lack large feet) into the soil profile, inhibits predatory fish (e.g., Lepomis (sunfish), Background subsurface water penetration and results Macropterus (bass), Amia calva The earliest reference to the flatwoods in moist soils with water often at or near (bowfin)). salamander, Ambystoma cingulatum, the surface (Wolfe et al. 1988). Before the breeding sites become was by Cope in 1867 from specimens he Historically, longleaf pine generally flooded, the males and females court collected in Jasper County, South dominated the flatwoods with slash and the females lay their eggs (singly or Carolina (referenced in Martof 1968). pine restricted to the wetter areas (Wolfe in clumps) beneath leaf litter, under logs