56590 Federal Register / Vol. 64, No. 202 / Wednesday, October 20, 1999 / Rules and Regulations (1) Removal, cutting, digging up, Environmental Impact Statements, as List of Subjects in 50 CFR Part 17 damaging, or destroying threatened defined under the authority of the plants on non-Federal land if conducted National Environmental Policy Act of Endangered and threatened species, in knowing violation of State law or 1969, need not be prepared in Exports, Imports, Reporting and regulation or in violation of State connection with regulations adopted recordkeeping requirements, criminal trespass law. pursuant to section 4(a) of the Transportation. (2) Interstate or foreign commerce and Endangered Species Act of 1973, as Regulation Promulgation import/export without previously amended. We published a notice obtaining an appropriate permit. outlining our reasons for this PART 17Ð[AMENDED] (3) The unauthorized removal, determination in the Federal Register reducing to possession or collection of on October 25, 1983 (48 FR 49244). Accordingly, the Service amends part this species from areas under Federal 17, subchapter B of chapter I, title 50 of Required Determinations jurisdiction. the Code of Federal Regulations, as In appropriate cases, permits could be This rule does not contain collections follows: issued to allow collection for scientific of information that require Office of 1. The authority citation for part 17 or recovery purposes, for horticultural Management and Budget approval or botanical exhibition, for educational continues to read as follows: under 44 U.S.C. 3501 et seq. purposes, or for special purposes Authority: 16 U.S.C. 1361±1407; 16 U.S.C. consistent with the purposes of the Act. References Cited 1531±1544; 16 U.S.C. 4201±4245; Pub. L. 99± You should direct questions regarding 625, 100 Stat. 3500; unless otherwise noted. whether specific activities may A complete list of all references cited constitute a violation of section 9 to the herein is available on request from the 2. In § 17.12(h) add the following to Field Supervisor of the New Mexico U.S. Fish and Wildlife Service, New the List of Endangered and Threatened Ecological Services Field Office (see Mexico Ecological Services Field Office Plants in alphabetical order under ADDRESSES ADDRESSES section). (see section). FLOWERING PLANTS: Author: The primary author of this § 17.12 Endangered and threatened plants. National Environmental Policy Act final rule is Charlie McDonald, New We have determined that Mexico Ecological Services Field Office * * * * * Environmental Assessments and (see ADDRESSES section). (h) * * * Species Historic range Family Status When Critical Special Scientific name Common name listed habitat rules FLOWERING PLANTS ******* Helianthus paradoxus ..... Pecos sunflower (=puzzle U.S.A. (NM, TX) ... Asteraceae ........... T 667 NA NA sunflower, paradox sun- flower). ******* Dated: September 14, 1999. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 99±27186 Filed 10±19±99; 8:45 am] BILLING CODE 4310±55±P DEPARTMENT OF THE INTERIOR Endangered Species Act of 1973, as East 1300 South, Salt Lake City, Utah amended (Act). Astragalus desereticus, 84115. Fish and Wildlife Service considered extinct until its rediscovery FOR FURTHER INFORMATION CONTACT: John in 1981, exists in one small population 50 CFR Part 17 L. England at the above address in Utah County, Utah. Threats to the (telephone: 801/524±5001). RIN 1018±AE57 plant include residential development, SUPPLEMENTARY INFORMATION: highway widening, livestock grazing Endangered and Threatened Wildlife and trampling, and other impacts to its Background and Plants; Final Rule to List limited habitat. This plant receives no Marcus E. Jones collected a distinctive Astragalus desereticus (Deseret milk- protection under State or local laws or Astragalus from ``below Indianola,'' a vetch) as Threatened regulations. This rule implements town in Sanpete County, Utah, on June Federal protection provided by the Act AGENCY: 2, 1893. This same plant was again Fish and Wildlife Service, for this plant. Interior. collected by Ivar Tidestrom from ``near EFFECTIVE DATE: November 19, 1999. ACTION: Final rule. Indianola'' on June 17, 1909. Specimens ADDRESSES: The complete file for this from these two collections laid in SUMMARY: We, the U.S. Fish and rule is available for public inspection, obscurity in various herbaria until Wildlife Service (Service), determine by appointment, during normal business Rupert Barneby recognized their the plant species, Astragalus desereticus hours at the Utah Ecological Services uniqueness and described them as (Deseret milk-vetch), to be a threatened Field Office, U.S. Fish and Wildlife Astragalus desereticus (Barneby 1964). species under the authority of the Service, Lincoln Plaza Suite 404, 145 Efforts to relocate the species' VerDate 12-OCT-99 13:14 Oct 19, 1999 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.XXX pfrm03 PsN: 20OCR2 Federal Register / Vol. 64, No. 202 / Wednesday, October 20, 1999 / Rules and Regulations 56591 population were initially fruitless tridentata), and plateau beardtongue proposals over 2 years old be (Barneby 1964, Welsh 1978a, 1978c) (Penstemon scariosus) (Franklin 1990). withdrawn, although proposals leading to a presumption of extinction The sole population of Astragalus published before the 1978 amendments' (Ripley 1975, Welsh 1975, 1978b). desereticus consists of between 5,000 enactment could not be withdrawn However, on May 27, 1981, Elizabeth and 10,000 individuals that grow on an before the end of a 1-year grace period Neese discovered a population of A. area of less than 120 hectares (ha) (300 beginning on the enactment date. On desereticus on a sandstone outcrop acres (ac)) (Franklin 1990, Stone 1992). December 10, 1979, we published a above the town of Birdseye, Utah The species' total range is notice of withdrawal (44 FR 70796) of County, Utah, less than 6.2 kilometers approximately 2.6 km (1.6 (mi)) long, that portion of the June 16, 1976, (km) (10 miles (mi)) from Indianola and 0.5 (km) (0.3 mi) across. Extensive proposal that had not been made final, (Welsh and Chatterley 1985). This searches of similar habitat in Utah and which included A. desereticus. population remains the only known Sanpete Counties, Utah, have failed to On December 15, 1980, we published occurrence of the species (Franklin identify any other populations (Franklin a revised notice of review for native 1990, 1991, Service 1991). It is possible 1991, Larry England, Service, pers. plants in the Federal Register (45 FR that this population is the one from comm. 1997). The land upon which A. 82480) designating Astragalus which Jones and/or Tidestrom made desereticus grows is owned by the State desereticus a category 1 species. At that their collections more than 70 years of Utah and three private land owners time, we defined category 1 candidates earlier (Franklin 1990, 1991, Welsh and (Franklin 1990, 1991; Chris Montague, as those taxa for which we had on file Chatterley 1985). The Nature Conservancy, 1992, 1997 sufficient information on biological Astragalus desereticus is a perennial, pers. comm.). Astragalus desereticus is vulnerability and threats to support herbaceous, sub-acaulescent (almost threatened by grazing and trampling by preparation of listing proposals. In stemless) plant in the bean family ungulates, alteration of its habitat due to addition, A. desereticus was identified (Fabaceae). Individual plants are residential development and road as a species that may have recently approximately 4±15 centimeters (cm) widening, and natural events, such as become extinct. In 1981, a population of (2±6 inches (in)) in height, and arise fire, due to its limited distribution. A. desereticus was discovered. On November 28, 1983, we published a from a caudex (the persistent base of an Previous Federal Action revised notice of review in the Federal otherwise annual herbaceous stem). Section 12 of the Act (16 U.S.C. 1531 Stems are about 6 cm (2 in) tall. The Register (48 FR 53640) in which A. et seq.) directed the Secretary of the desereticus was included as a category pinnately compound leaves (feather-like Smithsonian Institution to prepare a 2 candidate species. Category 2 arrangement with leaflets displayed on report on those plants considered to be candidates were formally defined as a central stalk) are 4±11 cm (2±4 in) long endangered, threatened, or extinct. The taxa for which data on biological with 11±17 leaflets. The leaflets are Secretary presented this report, vulnerability and threats indicated that elliptic to ovate in shape, with a dense designated as House Document No. 94± listing was possibly appropriate, but for silvery gray pubescence (short hairs) on 51, to Congress on January 9, 1975. On which data were not sufficient to both sides. The species' flowers are of July 1, 1975, we published a notice in support issuance of listing proposals. In the characteristic papilionaceous form the Federal Register (40 FR 27823) preparing the 1983 notice, we deemed it common to the bean family, 1.8±2.2 cm accepting the report as a petition to list appropriate to acquire additional (0.7±0.9 in) long, white in color with a those taxa named therein under section information on the distribution and purple tip on the keel, and borne on a 4(c)(2) of the Act (petition acceptance is abundance of A. desereticus before stalk of 5±10 flowers. The seed pods are now governed by section 4(b)(3) of the proposing the species for listing. We 1 to 2 cm (0.4±0.8 in) long, densely Act), and its intention to review the maintained A. desereticus as a category covered with lustrous hairs, and bear status of those plants. Astragalus 2 species in updated notices of review 14±16 ovules (a minute rudimentary desereticus was included in the July 1, published in the Federal Register on structure from which a plant seed 1975, notice on list ``C,'' indicating that September 27, 1985 (50 FR 39526), and develops after fertilization).