Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23737

(11) Response to Argument A statement of whether the examiner disagrees with each of the contentions of appellant in the brief with respect to the issues presented and an explanation of the reasons for disagreement with any such contention. If any ground of rejection is not argued and responded to by appellant, the response shall point out each claim affected. (12) Period of Response to New Ground of Rejection A statement setting the period for appellant to file a reply to any new ground of rejection, if necessary. Dated: May 3,1988. Donald }. Quigg, A ssistant S ecretary an d C om m ission er o f Patents and Trademarks. [FR Doc. 88-14160 Filed 6-22-88; 8:45 am] BILLING CODE 3510-16-M

Thursday June 23, 1988

Part

Department of the Interior

Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and ; helierana, Hymenoxys acaulis, and Arenenaria cumberlandensis; Final Rules 23740 Federal Register / Voi. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Department of Health and Human 4(b)(3)(A) of the Act, as amended in Services) and leased to the University of 1982. The Service subsequently found in Fish and Wildlife Seryice Puerto Rico School of Medicine. The October of 1983,1984, and 1985, that Dorado population is on Commonwealth listing Daphnopsis hellerana was 50 CFR Part 17 public land. These 14 individuals are thè warranted but precluded by other Endangered and Threatened Wiidfife only plants of this species known to pending listing actions, in accordance and Plants; Determination of exist. with Section 4(b)(3)(B)(iii) of the Act. is an evergreen Endangered Status for the Daphnopsis hellerana The Service proposed listing Daphnopsis Hellerana or small reaching 20 feet (6 Daphnopsis hellerana on July 6,1987 (52 meters) in height, with a stem diameter FR 25265). a g en c y: Fish and Wildlife Service, of 2 inches (5 centimeters). The leaves Summary of Comments and Interior. are simple, alternate, elliptic to obovate Recommendations a c t io n : Final rule. in shape, and blunt or rounded at the apex. Both leaves and twigs are golden In the July 6,1987, proposed rule and s u m m a r y : The Service determines hairy when young. Male and female associated notifications, all interested Daphnopsis hellerana to be an flowers are borne on separate plants parties were requested to submit factual endangered species. D aphnopsis (dioecious), and terminally clustered. report of information that might h ellera n a is a small tree or large shrub The male flowers are small, tubular, and contribute to the development of a final endemic to evergreen and semi­ finely hairy; the female flowers are rule. Appropriate agencies of the evergreen seasonal forests on limestone smaller, less than one-fourth inch (one- Commonwealth of Puerto Rico, Federal hills of the karst region of northern half centimeter) long, bell-shaped, and agencies, scientific organizations, and Puerto Rico. The species has been also finely hairy. The fruit is an elliptic, other interested parties were contacted seriously impacted by agriculture, one-seeded, white that is less than and requested to comment. A newpaper urbanization, and limestone quarrying. three fourths of an inch (2 centimeters) notice inviting general public comment This final rule will implement for long. The species is endemic to low was published in El Nuevo Dia on July Daphnopsis hellerana the Federal elevation evergreen and semi-evergreen 21,1987. Two letters of comment were protection and recovery provisions forests (subtropical moist forests) on received and are discussed below. A afforded by the Endangered Species Act limestone hills in the karst region of public hearing was neither requested of 1973, as amended. northern Puerto Rico. nor held. EFFECTIVE DATE: July 25, 1988. Nearly all of the known populations of Comments were received from the ADDRESSES: The complete file for this Daphnopsis hellerana have been U.S. Environmental Protection Agency rule is available for inspection, by located near Puerto Rico’s principal and Lorin I. Nevling of the Illinois appointment, during normal business population center (the San Juan/ Department of Energy and Natural hours at the Caribbean Field Office, U.S. Bayamon area). As a result, urban and Resources. industrial expansion have eliminated Fish and Wildlife Service, P.O. Box 491, Administrators of the U.S. known and potential habitat. In Boqueron, Puerto Rico 00622 and at the Environmental Protection Agency stated particular, construction of dwellings and Service’s Southeast Regional Office, that they knew of no ongoing or roads, limestone quarrying for this Suite 1282, 75 Spring Street SW., proposed actions that would affect the construction, landfills, and clearing by Atlanta, Georgia 30303. species and that they had no yam planters have together reduced the information on the status of the species. FOR FURTHER INFORMATION CONTACT: species to its present low numbers. In Ms. Susan R. Silander at the Caribbean addition, the extreme rarity of the Mr. Lorin Nevling, the author of a Field Office address (809/851-7297) or species and its dioecious habit lower the monograph of the genus Daphnopsis, Mr. Tommy Tumipseed at the Atlanta probability of successful seed supported the listing but commented on Regional Office address (404/331-3583 production and dispersal. the spelling of the species name. The or FTS 242-3583). Daphnopsis hellerana was name has been spelled both as SUPPLEMENTARY INFORMATION: recommended for Federal listing by the h elleria n a and h elleran a. In this final rule the spelling h ellera n a has been Background Smithsonian Institution (Ayensu and Defilipps 1978). The species was retained in accordance with the rules of Daphnopsis hellerana was first included among the plants being nomenclature. discovered and collected by Amos considered as endangered or threatened The Caribbean Primate Research Arthur Heller in 1900 on a limestone hill species by the Fish and Wildlife Service, Center, in a telephone conversation, near Bayamon, Puerto Rico. The species as published in the Federal Register (45 expressed interest in cooperating with was not seen again until 1958, when Roy FR 82479) dated December 15,1980. The the U.S. Fish and Wildlife Service in the O. Woodbury found it in Toa Baja, near species was designated category 1 conservation of this species. the type locality (Nevling and (species for which the Service has Summary of Factors Affecting the Woodbury 1966). Since 1958, three other substantial information supporting the Species populations have been located in the appropriateness of proposing to list karst region of Puerto Rico, two in the them as endangered or threatened), and After a thorough review and Toa Baja /Dorado area, and the third was retained in category 1 in the consideration of all information near Isabela in northwestern Puerto November 28,1983, update (48 FR 53640) available, the Service has determined Rico (Vivaldi and Woodbury 1981). The of the 1980 notice, and the September 27, that Daphnopsis hellerana should be Isabela population and the plants 1985, revised notice (50 FR 39526). classified as an endangered species. rediscovered by Woodbury have since In a notice published in the Federal Procedures found at section 4(a)(1) of been destroyed, leaving two small Register on February 15,1983 (48 FR the Endangered Species Act (16 U.S.C. populations of seven in Toa Baja 6752), the Service reported the earlier 1531 et seq .) and regulations (50 CFR and Dorado. The Toa Baja population is acceptance of the new taxa in the Part 424) promulgated to implement the on Federal land under the jurisdiction of Smithsonian’s 1978 book as under listing provisions of the Act were the National Institutes of Health (U.S. petition within the context of section followed. A species may be determined Federal Register / VoL 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23741 wmma to be an endangered or threatened and maintenance of a minimum of Federal agencies and the prohibitions species due to one or more of the five population size. against taking are discussed, in part, factors described in section 4(a)(1). The Service has carefully assessed the below. These factors and their application to best scientific and commercial Section 7(a) of the Act, as amended, Daphnopsis hellerana Urban (no information available regarding the past, requires Federal agencies to evaluate common name) are as follows: present, and future threats faced by this their actions with respect to any species A. The present or threatened species in determining to make this rule that is listed as endangered or destruction, modification, or curtailment final. Based on this evaluation, the threatened and with respect to its of its habitat or range. Modification of preferred action is to list D aphnopsis critical habitat, if any is being habitat and direct destruction of plants hellerana as endangered. Since there designated. Regulations implementing have been significant factors reducing are so few individuals remaining and a this interagency cooperation provision the number of Daphnopsis hellerana. continuing risk of damage to the plants of the Act are codified at 50 CFR Part for construction and yam and/or their habitat, endangered status 402. Section 7(a)(4) requires Federal cultivation, the leveling of limestone seems an accurate assessment of the agencies to ensure that activities they hills for construction material, and species’ condition. The reasons for not authorize, fund, or carry out are not random cutting have all contributed to proposing critical habitat for this species likely to jeopardize the continued the species’ decline. The Commonwealth are discussed below in the “Critical existence of such a species or to destroy (Autoridad de Tierras) land is not in any Habitat” section. or adversely modify its critical habitat. protection status, and maybe subject to Critical Habitat If a Federal action may affect a listed construction of roads and powerlines species or its critical habitat, the and to quarrying for construction Section 4(a)(3) of the Act, as amended, responsible Federal agency must enter material. The population on Federal requires that to the maximum extent into formal consultation with the land is not recognized or protected by prudent and determinable, the Secretary Service. No critical habitat is being any existing management plan. designate critical habitat at the time the proposed for Daphnopsis hellerana, as B. Overutilization for commercial, species is determined to be endangered discussed above. Federal involvement is recreational, scientific, or educational or threatened. The Service finds that expected only if there is a change in the purposes. Taking for these purposes has designation of critical habitat is not not been a documented factor in the prudent for this species at this time. The present status of National Institutes of Health lands in the Toa Baja area. decline of this species. However, any number of individuals of D aphnopsis take by curiosity seekers could be h ellera n a is sufficiently small that The Act and its implementing extremely detrimental. collecting or vandalism could serious regulations found at 50 CFR 17.61,17.62, C. Disease or predation. Disease and affect the survival of the species. and 17.63 set forth a series of general predation have not been documented as Publication of critical habitat trade prohibitions and exceptions that factors in the decline of this species. descriptions and maps in the Federal apply to all endangered plants. All trade D. The inadequacy o f existing Register would increase the likelihood prohibitions of section 9(a)(2) of the Act, regulatory mechanisms. The of such activities. The Service believes implemented by 50 CFR 17.61, apply. Commonwealth of Puerto Rico has that Federal involvement in the areas These prohibitions, in part, make it recently adopted a regulation that where this plant occurs can be identified illegal for any person subject to the recognizes and provides protection for without the designation of critical jurisdiction of the United States to certain Commonwealth listed species. habitat. All involved parties and import or export any endangered plant, However, Daphnopsis hellerana is not landowners will be notified of the transport it in interstate or foreign yet on the Commonwealth list. Federal location and importance of protecting commerce in the course of a commercial listing would provide interim protection this species’ habitat. Protection of this activity, sell or offer it for sale in and, if the species Is ultimately placed species’ habitat would also be interstate or foreign commerce, or on the Commonwealth list, enhance its addressed through the recovery process remove it from areas under Federal protection and possibilities for funding and through the Section 7 jeopardy jurisdiction and reduce it to possession. needed research. standard. Therefore, it would not be Certain exceptions can apply to agents E. Other natural or manmade factors prudent to determine critical habitat for of the Service and Commonwealth affecting its continued existence. Since Daphnopsis hellerana at this time. conservation agencies. The Act and 50 Daphnopsis hellerana is dioecious, and CFR 17.62 and 17.63 also provide for the only two, populations of seven plants Available Conservation Measures issuance of permits to carry out each are known to exist, rarity and the Conservation measures provided to otherwise prohibited activities involving resulting effects on reproduction and species listed as endangered or endangered species under certain genetic diversity are factors that could threatened under the Endangered circumstances. It is anticipated that few eventually lead to the species’ Species Act include recognition, trade permits for Daphnopsis hellerana extinction. Seedlings have been recovery actions, requirements for will ever be sought or issued since the observed in the past, but there is no Federal protection, and prohibitions species is not known to be in cultivation evidence at any site that they survived against certain practices. Recognition and is uncommon in the wild. Requests to maturity. Furthermore, there has been through listing encourages and results in for copies of the regulations on plants a steady decline in the number of conservation actions by Federal, and inquiries regarding them may be mature plants at sites that have Commonwealth, and private agencies, addressed to the Office of Management otherwise remained undisturbed. These group?, and individuals. The Authority, U.S. Fish and Wildlife observations suggest that recruitment is Endangered Species Act provides for Service, Hamilton Building, Room 400, not adequate to sustain the remaining possible land acquisition and Washington, DC 20240 (202/343-1968). populations.. There is also no evidence cooperation with the Commonwealth National Environmental Policy Act of vegetative reproduction by and requires that recovery actions be Daphnopsis hellerana, and, thus, the carried out for all listed species. Such The Fish and Wildlife Service has species’ continued existence may actions are initiated by the Service determined that an Environmental depend upon reproduction from seed following listing. The protection required Assessement, as defined under the 23742 Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations M E âS M M H f authority of the National Environmental U.S. Fish and Wildlife Service, Atlanta. Regulations, is amended as set forth Policy Act of 1969, need not be prepared Georgia. 56 pp. below: in connection with regulations adopted Author 1. The authority citation for Part 17 prusuant to section 4(a) of the continues to read as follows Endangered Species Act of 1973, as The primary author of this final rule is amended. A notice outlining the Ms. Susan Silander, Caribbean Field Authority: Pub. L. 93-205, 87 Stat. 884; Pub. I L. 94-359, 90 Stat. 911; Pub. L. 95-632,92 Siat. I Service’s reasons for this determination Office, U.S. Fish and Wildlife Service, 3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97-1 wa3 published in the Federal Register on P.O. Box 491, Boqueron Puerto Rico October 25,1983 (48 FR 49244) 304, 96 Stat. 1411 (16 U.S.C. 153J et seq.)\ Pub.l 00622 (809/851-7297). L. 99-625,100 Stat. 3500 (1986), unless References Cited List of Subjects in 50 CFR Part 17 otherwise noted. Ayensu, E.S., and R.A. DeFilipps. 1978. Endangered and Threatened Plants of the Endangered and threatened wildlife, 2. Amend § 17.12(h) by adding the United States. Smithsonian Institution and Fish, Marine mammals, Plants following, in alphabetical order under World Wildlife Fund, Washington, DC (agriculture). , to the List of xv -f 403 pp. Endangered and Threatened Plants: Neviing, L.I., and R.O. Woodbury. 1968. Regulation Promulgation Rediscovery of Daphnopsis hellerana. J. § 17.12 Endangered and threatened plants.! Arnold Arbor. 47:262-265. PART 17—[ AMENDED] * * * * * Vivaldi, J.L., and R.O. Woodbury. 1981. Status fUT * * * report on Daphnopsis hellerana Urban. Accordingly, Part 17, Subchapter B of Unpublished status report submitted to the Chapter I, Title 50 of the Code of Federal

Species Historic range Status When listed “ g I Scientific name Common name

Thymelaeaceae—Mezereum family: Daphnopsis Hellerana...... None U.S.A. (PR)...... E 309 NA NaI *

Dated: June 3,1988. Federal protection provided by the Act scape-like peduncle 5-25 centimeters (2-H Susan Recce, for Hymenoxys acauiis var. g labra. 10 inches) high, which bears a solitary I Acting Assistant Secretary for Fish and EFFECTIVE DATE: July 28,1988. head with 10-30 radiating yellow rays. I Wildlife and Parks. Most individuals in a population tend to I a d d r e s s e s : The complete file for this [FR Doc. 88-14245 Filed 6-22-88; 8:45 amj bloom at the same time in late April to I rule is available for inspection, by BILLING CODE 4310-55-M mid -May, producing radiant mass of appointment, during normal business yellow flowers. After flowering the hours at the Service’s Regional Office of plants become light gray in color and Endangered Species, Federal Building, 50 CFR Part 17 quite inconspicuous and easily Fort Snelling, Twin Cities, Minnesota • overlooked; in a few weeks the rich 55111. Endangered and Threatened Wildlife green color returns (R.E. Moseley, Ohio and Plants; Determination of FOR FURTHER INFORMATION CONTACT: Department of Natural Resources, pers. Threatened Status for Hymenoxys James M. Engel, Endangered Species comm. September 1985). DeMauro (Will acauiis var. glabra (Lakeside daisy) Coordinator (see ADDRESSES section) at County Illinois, Forest Preserve District, 612/725-3276 or FTS 725-3276. a g e n c y : Fish and Wildlife Service, pers. comm. 1987) reports observing a Interior. SUPPLEMENTARY INFORMATION: gray color and flattening of leaves of H. a c t io n : Final rule. acau iis var. g la b ra when the plant is Background water stressed; the dark green color SUMMARY: The Service determines Hymenoxys acauiis var. g la b ra returns several hours after watering. threatened status for H ym enoxys (Lakeside daisy) is a member of the In the United States H ym enoxys acau iis var. g la b ra (Lakeside daisy), family Asteraceae. It has previously acau iis var. g la b ra is currently known under authority of the Endangered been recognized as Actinea herbacea from one fragmented population on the Species Act (Act) of 1973, as amended. (Greene) Robins, and Actinea acauiis Marblehead Peninsula in Ottawa This plant is known only from (Pursh) Spring var. g la b ra (Gray) Parker. County, Ohio, where it occurs on dry Manitoulin Island and the Bruce While conducting taxonomic research rocky prairie habitat, much of which has Peninsula in Ontario, Canada, where it on the western species of A ctinea, been altered by limestone quarrying is considered rare, and one fragmented Parker (1950) demonstrated that activities (Weed 1890, Wunderlin 1971, population in Ottawa County, Ohio. It Hymenoxys acauiis var. g la b ra is the Cusick and Burns 1984). The plant has has apparently been extirpated from correct name for the plant. also been recorded from Will and two counties in Illinois. The Ohio A perennial with a taproot and Tazewell Counties in Illinois (Wunderlin population occurs on private land, branching caudex, Hymenoxys acauiis 1971, John Schwegman, Illinois where its continued existence is var. g la b ra is characterized by densely Department of Conservation, pers. threatened by habitat alteration caused tufted, thick spatulate to nearly linear comm. April 1986). The Illinois by limestone quarrying activities and basal leaves 1-8 centimeters (0.4-3.1 populations, however, are considered to the unmanaged succession of woody inches) long and up to 1 centimeter (0.4 be extirpated (Schwegman, pers. comm- overgrowth. This action will implement inches) wide, strongly punctuate with a April 1986). In Canada, where the plant Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23743

is considered rare, it is known from two with section 4(b)(3)(B)(iii) of the Act. on the proposal. One of these locations on the Bruce Peninsula with Such petitions are recycled under respondents, a botanist, suggested an ! the largest population scattered in two section 4(b)(3)(c)(i). The August 19,1987, additional synonym (Tetraneuris E 5-acre patches, and approximately 12 proposal (52 FR 31048) to determine scaposa var. scaposa) for the taxon, but sites on Manitoulin Island (H.V. Elliot, threatened status for H. acaulis var. acknowledged that supporting evidence Stokes Bay, Ontario, pers. comm. 1987, glabra, constituted the final required has not yet been published. White and Maher 1983, DeMauro 1987). finding for this species, that the action Available records do not indicate a requested by the petitioner was Summary of Factors Affecting the serious recent decline in the Canadian warranted. Species populations, but uncontrolled woody Summary of Comments and After a thorough review and overgrowth always poses a threat. Recommendations consideration of information available, Moseley (1930) raised a question the Service has determined that about whether this plant is indigenous to In the August 19,1987, proposed rule Hymenoxys acaulis var. glabra should Ohio, although Weed (1890) had pointed (52 FR 31048) and associated be classified as a threatened species. out that it had been found on the Marble notifications, all interested parties were Procedures found at section 4(a)(1) of head Peninsula of Ottawa County as requested to submit factual reports or the Endangered Species Act (16 U.SC. long as anyone then alive could information that might contribute to the 1531 et seq.) and regulations (50 CFR remember. Cusick and Bums (1984) development of a final rule. Appropriate Part 424) promulgated to implement the noted that the habitat in Ohio closely State agencies, county governments, listing provisions of the act were Federal agencies, scientific resembles the Canadian habitat, where followed. A species may be determined organizations, and other interested the plant is considered indigenous. to be endangered or threatened due to parties were contacted and requested to Allison Cusick (Ohio Department of one or more of the five factors described comment. A newspaper notice inviting Natural Resources, pers. comm. April in section 4(a)(1). These factors and public comment was published in the 1986) considers the plant native to the their application to Hymenoxys acaulis Port Clinton News Herald on September Marble-head Peninsula. Some additional (Pursh) Parker var. glabra (Gray) Parker 3,1987. research is needed regarding population (Lakeside daisy) are as follows: genetics of this species. Ten comments were received. Seven comments expressed support for the A. The present or threatened Federal actions on the Lakeside daisy proposal, including the Ohio Department destruction, modification, or curtailment began with Section 12 of the Endangered of Natural Resources, the Illinois o f its habitat or range. The most serious Species Act of 1973 (Act), which Department of Conservation, the Royal threat to the Lakeside daisy is habitat directed the Secretary of the Botanical Gardens of Canada, and four destruction. This plant is found in open, Smithsonian Institution to prepare a private parties. The letter from the Royal dry, rocky, prairie areas where active report on those plants considered to be Botanical Gardens pointed out that a limestone quarrying occurs. The endangered, threatened, or extinct. This - minor construction project, or well Marblehead Peninsula population report, designated as House Document intentioned “weed killers” could consists of seven scattered sites within No. 94-51, was presented to Congress on exterminate the population on the a 4 square mile area, all on privately January 9,1975. On July 1,1975, the Marblehead Peninsula. One person who owned land in an area where active Service published a notice in the Federal submitted a comment believed that the limestone quarrying is being conducted Register (40 FR 27823) of its acceptance mining (quarrying) activities posed a now, and has been conducted for 150 of the Smithsonian Institution report as serious threat to this species. Another years. Quarrying activity has destroyed a petition within the context of section person provided additional status, most of the original prairie habitat. 4(c)(2), now section 4(b)(3)(A), of the Act biological, and monitoring information Where quarrying activities are and of its intention thereby to review accumulated as a graduate student conducted, any existing Lakeside daisy the status of those plants. Hymenoxys while working with this species. plants are completely destroyed. Once acaulis glabra var. was included in the Another party who has observed H. quarrying has ceased on an area, the July 1,1975, notice of review. On acaulis var. glabra for about 40 years, plant occasionally reappears after a December 15,1980 (45 FR 82479), and voiced concerns over increased period of 15-20 years but not abundantly September 27,1985 (50 FR 39525), the quarrying activities that continue to (Allison Cusick, Ohio Department of Service published revised notices of adversely affect this species. The Ohio Natural Resources, pers. comm. 1986). review for native plants in the Federal Department of Natural Resources Because the quarrying activities have Register; Hymenoxys acaulis var. glabra advised of recent land acquisition moved from area to area, the "cycle” was included in those notices as a attempts to bring one of the populations from destroyed habitat to subsequent category 1 species. Category 1 species on the Marblehead Peninsula under reappearance of the plant years later are those for which data in the Service’s public ownership, but negotiations so far has been continuous for 70-80 years on possession indicate that proposing to list have been unsuccessful. The Illinois this small area of the Marblehead is warranted. Department of Conservation advised Peninsula (Cusick pers. comm. 1986). The Endangered Species Act that, although extirpated from the State, Cusick points out that while the Amendments of 1982 required that all the plant is on the official endangered Lakeside daisy is easily grown when petitions pending as of October 13,1982, species list, which prohibits the sale or transplanted into gardens, it does not be treated as having been submitted on offer of sale. The Illinois Department of seem to expand its natural range. In that date. The deadline for a finding on Conservation now owns the site in addition, the succession of overgrowth those species, including Hymenoxys Tazewell County, which formerly by woody species reduces the open acaulis var. glabra, was October 13, supported the Lakeside daisy, and sunny habitat necessary for the plant’s 1983, In October 1983,1984,1985, and believes that with proper management, a survival (Cusick and Burns 1984, 1986, the petition finding was made that réintroduction effort would be in order. DeMauro 1987). Cusick and Bums (1984) listing Hymenoxys acaulis var. glabra Three additional comments were also noted that overcollecting for was warranted but precluded by other received that offered no new gardens is a hazard, because the plant is pending listing actions, in accordance information and did not take a position one of Ohio’s more spectacular 23744 Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations

wildflowers. DeMauro (pers. comm. Lakeside daisy populations in Illinois and prohibitions against collecting are 1987) reports that several nurseries in (DeMauro 1982). discussed, in part, below. Illinois and Wisconsin provide Lakeside The Service has carefully assessed the Section 7(a) of the Act, as amended, daisy seeds, but does not believe the best scientific and commercial requires Federal agencies to evaluate trade is significant. Populations have information available regarding the past, their actions with respect to any species been extirpated in Will and Tazewell present, and future threats faced by the that is proposed or listed as endangered Counties in Ohio due to quarrying, species in determining to make this rule or threatened and with respect to its grazing, and industrial activies final. Based upon this evaluation, the critical habitat, if any is being (Schwegman, pers. comm. 1986). Since preferred action is to list Hymenoxys designated. Regulations implementing all of the remaining Lakeside daisy acaulis var. glabra as threatened. In the this interagency cooperation provision plants are found on privately owned United States only one fragmented of the Act are codified at 50 CFR Part land, some form of land protection and population of this species is known to 402. Section 7(a)(2) requires Federal management rights are needed in order survive. It is on privately owned agencies to ensure that activities they to protect the existing population and property and receives no protection or authorize, fund, or carry out are not manage the woody overstory. Provisions management designed to enhance its likely to jeopardize the continued of the Endangered Species Act of 1973, likelihood of continued existence. existence of a listed species or to as amended, will enhance and reinforce Threatened status is appropriate for the destroy or adversely modify its critical protection efforts. species as a whole, because without habitat. If a Federal action may B. Overutilization for commercial, protection and further research the adversely affect a listed species, or its recreational, scientific, or educational present vulnerability of the species to critical habitat, the responsible Federal purpose. Commercial trade of this plant become endangered will continue. For agency must enter into formal is not known to be extensive. Because it reasons detailed below, it is not consultation with the Service. Since the is easily transplanted and has very considered prudent to designate critical Lakeside daisy is not known to grow on showy flowers, the possibility for habitat. Federal lands, little if any Federal increased commercial trade is present. involvement is anticipated. Critical Habitat Several nurseries in Illinois and The Act and its implementing Wisconsin provide Lakeside daisy Section 4(a)(3) of the Act, as amended, regulations found at 50 CFR 17.71 and seeds, but it does not appear the volume requires that to the maximum extent 17.72 set forth a series of general trade is significant (M. Demauro, pers. comm. prudent and determinable, the Secretary prohibitions and exceptions that apply 1987). designate critical habitat at the time the to all endangered plant species. With C. Disease or predation. None kno wn. species is determined to be endangered respect to Hymenoxys acaulis var. D. The inadequacy o f existing or threatened. The designation of critical glabra, all trade prohibitions of section regulatory mechanisms. Hymenoxys habitat is not considered to be prudent 9(a)(2) of the Act, implemented by 50 acaulis var. glabra is officially listed as when such designation would not be of CFR 17.71 apply. These prohibitions, in endangered by the States of Ohio and net benefit to the species involved (50 part, make it illegal for any person Illinois. Ohio law prohibits commerical CFR 424.12). The Service believes that subject to the jurisdiction of the United taking of any State-listed plant from its designation of critical habitat for States to import or export, transport in native habitat The law also prohibits Hymenoxys acaulis var. glabra would interstate or foreign commerce in the the taking of any listed species for any not be prudent because no benefit to the course of a commercial activity, sell or purpose without either the written species can be identified that would offer for sale this species in interstate or permission of the landowner, or a outweigh the potential threat of foreign commerce, or remove it from collecting permit from the Department of vandalism or collection, which might be areas under Federal jurisdiction and Natural Resources and verbal exacerbated by the publication of a reduce it to possession. Seeds from permission of the landowner. Illinois detailed critical habitat description and cultivated specimens of threatened plant law protects plants on State lands and map. species are exempt from these prohibits the sale or offer of sale. These Available Conservation Measures prohibitions provided that a statement prohibitions on trade and collecting do of “cultivated origin” appears on their not specifically provide for protection or Conservation measures provided to containers. Certain exceptions can management of the species habitat. species listed as endangered or apply to agents of the Service and State These regulations will be further threatened under the Endangered conservation agencies. The Act and 50 strengthened by prohibitions of the Species Act include recognition, CFR and 17.72 also provide for the Endangered Species A ct The Ohio recovery actions, requirements for issuance of permits to carry out Department of Natural Resources is Federal protection, and prohibitions otherwise prohibited activities involving negotiating with a landowner for the against certain practices. Recognition endangered species under certain purchase of a site where the Lakeside through listing encourages and results in circumstances. It is anticipated that few daisy occurs, but so far these conservation actions by Federal, State, trade permits would ever be sought or negotiations have been unsuccessful. and private agencies, groups, and issued, since this plant is not common in Hymenoxys acaulis var. glabra is not individuals. The Endangered Species cultivation or in the wild. Requests for protected under the Ontario Endangered Act provides for possible land copies of the regulations on plants and Species Law. acquisition and cooperation with the inquiries regarding them may be E. Other natural or manmade factors States. It also requires that recovery addressed to the Office of Management affecting its continued existence. actions be carried out for listed species. Authority, U.S. Fish and Wildlife Results of a reproductive study by Such actions are initiated by the Service Service, P.O. Box 27329, Central Station, DeMauro (1982) indicates, and further following the listing. Potential recovery Washington, DC 20038 (703/343-4955). substantiates that Hymenoxys acaulis activities include vegetation control of National Environmental Policy Act var. glabra is self-incompatible. This woody overstory and réintroduction into may have been a factor leading to the areas of the plant’s historic range. The The Fish and Wildlife Service has natural disappearance of one of the last protection required of Federal agencies determined that an Environmental Federal Register / Vol. 53, No. 121 / Thursday, June 23, 1988 / Rules and Regulations 23745

Assessment, as defined under the Moseley, E.L 1930. Some plants that were PART 17—[AMENDED] authority of the National Environmental probably brought to northern Ohio from Policy Act of 1969, need not be prepared the west by Indians. Papers of the Mich. Accordingly, Part 17, Subchapter B of in connection with regulations adopted Acad, of Sci., Arts, and Letters 13:169- chapter I, Title 50 of the Code of Federal 172. pursuant to section 4(a) of the Parker, K.F. 1950. New combinations in Regulations, is amended as set forth Endangered Species Act of 1973, as H ym enoxys. Madrono 10:159. below: amended. A notice outlining the Weed, C.M. 1890. The Lakeside daisy. Journal 1. The authority citation for Part 17 Service’s reasons for this determination Columbus. Horticultural Soc. 5:72-73. continues to read as follows: was published in the Federal Register on White, D.J. and R.V. Maher. 1983. H ym enoxys October 25,1983 (48 FR 49244). a ca u lis (Pursh) Parker var. g la b ra (Gray) Authority: Pub. L. 93-205, 87 Stat. 884; Pub. Parker. 1 page In: G.W. Argus and D.J. L. 94-359, 90 Stat. 911; Pub. L. 95-632, 92 Stat. References Cited White, Eds. Atlas of the Rare Vascular 3751; Pub. L. 96-159; 93 Stat. 1225; Pub. L. 97- Cusick, A.W. and J.F. Burns. 1984. plants of Ontario. National Museum of 304, 96 Stat. 1411 (16 U.S.C. 1531 et seq.)\ Pub. Hymenoxys acaulis (Pursh) Parker var. Natural Sciences, Ottawa, n.p, L. 99-625,100 Stat. 3500 (1986), unless g la b ra (Gray) Parker. 2 pages in R.M. Wunderlin, R.P. 1971. Contributions to an otherwise noted. McCance, Jr. and J.F. Burns, eds. Ohio Illinois Flora No. 4. Trans. Illinois Acad. Endangered and Threatened Vascular Sci. 64:317-327. 2. Amend § 17.12(h) by adding the following, in alphabetic order under the Plants. Department of Natural Resources, Author Columbus, Ohio. n.p. family Asteraceae, to the List of DeMauro, M.M. 1987. A permanent The primary author of this proposed Endangered and Threatened Plants: monitoring program for the Lakeside rule is William F. Harrison (see Daisy [Hymenoxys acaulis) var. g la b r a ) ADDRESSES section) (612/725-3276 or § 17.12 Endangered and threatended plants. at the Marblehead Quarry, Marblehead, FTS 725-3276). Ottawa County, Ohio, unpubl. rep. 48 pp. ★ Hr ★ ★ ★ DeMauro, M.M. 1982. Aspects of the List of Subjects in 50 CFR Part 17 reproductive biology of the endangered (h) * * * H. aca u lis var. g la b ra : Implications for Endangered and threatened wildlife, conservation. M.S. Thesis. U. of IL at Fish, Marine mammals, Plants Chicago, Chicago, IL. 64 pp. (agriculture).

Species Historic range statusStatus wnenWhen listed habjtatCntical ru,esSpecial Scientific name Common name

Asteraceae—Aster family: Hymenoxys acaulis var. Lakeside daisy U.S.A. (OH.IL) Canada (ON) T 310 NA NA g labra. * *

Dated: June 3,1988. will implement the Federal protection thicker leaves. Additionally, A ren aria Susan Recce, provided by the Act for A ren aria cumberlandensis flowers in late June Acting Assistant Secretary for Fish and cumberlandensis. and early July, while A ren aria g la b ra Wildlife and Parks. EFFECTIVE DATE: June 23,1988. flowers in late April and early May [FR Doc. 88-14246 Filed 6-22-88; 8:45 am] ADDRESSES: The complete file for this (Wofford and Smith 1980). BILUNG CODE 4310-55-M rule is available for inspection, by Arenaria cumberlandensis is known appointment, during normal business only from a limited portion of the 50 CFR Part 17 hours at the Asheville Field Office, U.S. Cumberland Plateau in north-central Fish and Wildlife Service, 100 Otis Tennessee and adjacent Kentucky. It is Endangered and Threatened Wildlife Street, Room 224, Asheville, North restricted to shady, moist rockhouse and Plants; Determination of Carolina 28801. floors, overhanging ledges, and solution Endangered Status for Arenaria FURTHER INFORMATION CONTACT: Mr. pockets in sandstone rock faces. cumberlandensis Robert R. Currie at the above address Rockhouses were defined by Wofford (telephone 704/259-0321 or FTS 672- (1976) as “cave-like overhangs resulting agency: Fish and Wildlife Service, 0321). from differential weathering of Interior. SUPPLEMENTARY INFORMATION: sandstone.” This species occurs where a ctio n : Final rule. Background the correct combination of shade, high moisture, cool temperatures, and high su m m a r y : The Service determines Arenaria cumberlandensis humidity provides appropriate habitat Arenaria cumberlandensis (Cumberland (Cumberland sandwort) was described conditions. These habitat requirements sandwort) to be an endangered species as a new species by Wofford and Krai are in sharp contrast to those of other under authority of the Endangered (1979). This perennial, herbaceous Species Act of 1973 (Act), as amended. member of the Pink family members of the genus in the This small plant is known from only five (Caryophyllaceae) is 4 to 6 inches (10 to southeastern United States, which are sites, one in Kentucky and four in 15 centimeters) tall and has small, typically found in hot, dry areas in full Tennessee. The species is endangered white-petaled flowers and relatively sun (Wofford and Krai 1979, Wofford by timber harvesting, trampling by long, narrow leaves. It is distinguished and Smith 1980). The five currently recreational users of its unique habitat, from a related species, Arenaria glabra, known populations of A and destruction of its habitat by by the presence, at flowering, of basal cumberlandensis, one in Kentucky and collectors of Indian artifacts. This action rosettes of leaves and by its wider and four in Tennessee, are described below.