1398 Fedeml Register / Vol. 57, No. 9 I-T+resday, January 14, 1992 / Rules and Regulations

DEPARTMENT OF THE INTERIOR Unita Basin in Uintah County, . alternately arranged on the stem and are Welsh and Atwood (1977) described the attached to the ste6 bya_petiole. The Fish and Wlldllfc Servlcc species as Thelypodiopsis argillacea. flowers of S. bprnebflhave petals that Schoenocmmbe bamebyi was are light purple with prominent darker 50 CFR Part 17 discovered by James Harris in 1960 from purple veins and measure about 12 mm -- a site in the southem portion of the San (0.4 inch) long and 2.5 mm (0.1 inch) RIN 101~AB56 Rafael Swell in Emery County, Utah. wide. The entire flowers are about 1 cm Welsh and Atwood described the (0.4 inch) across in full anthesis and are Endangered and Threatened’Wlldllfe species as Thelypodiopsis bamebyi displayed in a raceme of, commonly. 2 and & Final Rule to Determlnc tf~ (Welsh 1961). Rollings (1962) in to 8 flowers at the end of the plant’s Plant Schoenocrambe Arglllacea (Clay reevaluating the cruciferous genera of leafy stems. Reed-Mustard) To Be a Threatened Schoenocmmbe and Thelypodiopsis Schoenocmmbe agillaceo grows on Specie4 and the Plant move T argillacea and T. bamebyi from clay soils rich in gypsum, overlain with Schoenocrambs Bamebyl (Bameby Thelypodiopsis to Schoenocmmbe as S. sandstone talus. derived from a mixture Reed-Mustard) To Be an Endangered a~illacea and S. bamebyi of shales and sandstones from the zone Species The genus Schoenocmmbe includes of contact between the Uinta and Green five currently known species: two are River geologic formation. Plant species AGENCY: Fish and Wildlife Service, abundant, wide-ranging species, one Interior. commonly associated with S. argillacea from the higher dry portions of the Great include Eriogonum corymbosum, ACTION: Final rule. Plains and the other from the lower Ephedm torreyana, Atriplex spp.. and elevations of the Colorado Plateau: the Artemisia spp. Two population clusters remaining three are rare endemic SUMMARY: The U.S. Fish and Wildlife of S. argillacea are known, all within a species (S. argillacea, S. bamebyi, and limited range about 21 kilometem (13 Service (Service] determines the plant S. suffrtescens) from low elevations of Schoenocmmbe argillacea (clay reed- miles) across, from the Green River to the northern and western portions of the Willow Creek in southwestern Uintah mustard) to be’s threatened species, and Colorado Plateau in the State of Utah the plant Schoenocrambe barnebyi County, Utah. The species’ total known [Rollins 1982, Welsh and Chatterley population is over 5,000 (M.A. (Barneby reed-mustard) to be an 1985, Welsh et al. 1967). [Note: endangered species. These two species Franklin, Utah Natural Heritage Schoenocrambe suffretescens (Rollins) Program, pem. comm., 199X U.S. Fish are endemic to soils derived from Welsh and Chatterly was listed as an specific geologic substrates in the lower and Wildlife Service 199l). The entire elevations of the Unita Basin in endangered species under the scientific species’ population is on land having name GIaucocarpum suffrtescens northeastern Utah and in the lower Federal leases for oil and gas and/or [Rollins). The Service wrll begin use of withdrawn for mineral mining claim elevations of the Fremont River and the currently accepted scientific name Muddy Creek drainages in central Utah. entry for its oil shale values. Because of Schoenocmmbe suffnstescens and this, energy development poses a threat The two know propulation clusters of assign to it the common name shrubby S. argiffacea are vulnerable to habitat to this species. In addtion, reed-mustard, in order to be in general Schoenocmmbe argillacea s small disturbance from oil and gas agreement with current plant development and potential oil shale species population size and restricted classification usage (see Welsh et al. distribution make this species inherently development, Significant portions of the 1987)). two known S. barnebyi propulations are Schoenocrambe argillacea is a - vulnerable to man-caused and natural vulnerable to potential uranium perennial herbaceous plant, with environmental disturbances (U.S. Fish development or trampling by park sparsely leafed stems 15 to 30 and Wildlife Service 1990). visitors. This determination that S. centimeters [cm) (6 to 12 inches) tall Schoenocmmbe bamebyi grows on argillacea is a threatened species and S. arising from a woody root crown. The red clay soils rich in selenium and bamebyi is an endangered species leaves are very narrow with a smooth gypsum, overlain with sandstone talus, provides these rare plants protection margin, 10 to 35 millimeters (mm) (0.4 to derived from the Moenkopi and Chicle under the Endangered Species Act, as 1.4 inches) long and. usually, less than 2 geologic formations. Plant species amended. mm (0.1 inch) wide. The leaf blades are normally associated with S. barnebyi EFFECTIVE DATE February 13,199Z. alternately arranged on the stem and, include Ephedm tormyana, Atripfex confertifolia, Eriogonum corymbosum. ADDRESSES: The complete file for this for the most part, are attached directly rule is available for inspection, by to the stem without a petiole. The and Stanfeya pinnata. Two populations of S. bamebyi are known, one near Sy’s appointment, during normal business flowers of S. aigillacea have petals that hours at the Fish and Wildlife are pale lavender to whitish with Butte in the southern portion of the San Enhancement Offrce, U.S. Fish and prominent purple veins and measure 6 to Rafael Sweel. and one in Capitol Reef Wildlife Service, 2076 Administration 11 mm (0.3 to 0.4 inch] long and 3.5 to 4.5 National Park in the Sulphur Creek mm (0.14 to 0.18 inch) wide. The entire drainage west of Fruita. The species’ Building, 1745 West 1700 South. Salt entire known population is less than Lake City, Utah 64104. flowem are about 1 cm (0.4 inch) across in full anthesis and are displayed in a 1,000 plants IN. Henderson, Capitol Reef FOR FURTMER INFORMATION COWA= raceme of 3 to 20 flowers at the end of National Park, pem. comm. 199% Welsh - John L England at the above address, the plant’s leafy stems. and Neese 1964). Assessment work in telephone: 6Ol/5244430 or FIS 56& Schoenocrambe bamebyi is a connection with mining claims for 4430. perennial herbaceous plant with uranium poses a significant ongoing SUPFLEYENlARY INFORMATION: sparsely leafed stems zz to 35 cm (9 to threat to one population of S. barnebyi located on lands managed by the Bureau Background 15 inches) tall arising from a woody root crown. The leaves are entire with a of Land Management. In addition, at Schoenocmmbe argillacea was smooth margin, 1.5 to 5 cm (0.6 to 3 least one site in Capitol Reef Nationa discovered by Duane Atwood in 1976 inches) long and 0.5 to 2.5 cm (0.2 to 1 Park containing S. barnebyi is from a site in the southern portion of the inch) wide. The leaf blades are vulnerable to trampling by park visitors. 1399

Scbaenacmznbe bumebyi’s extremely within 1 year of their receipt. Sectbn the pings Canyon drainage on the west small species population size and z(b)[l) of the Act’s amendments of 1982 side of Wild Horse Ben& which is a restricted habiti make the species - further requims that all petitions minor range extension af lib 3 miles to inherently vulnerable to man-caused pending as of October 13,1982, be the north of previously identilied and natural environmental disturbances treated as having been newly submitted suitable habitat. Nine additional stands (Welsh and Neese 1984). on that data The spsxkd-0 the service’s were discovered within the known In the Federal Register of December 1980 notioz of review with its 1983 population between the Green River and 15,1980 (45 FR 82480), the Service supplement were treated as being Wild Horse Beach. The populations in published a notice of review of petitioned. On October 13 1983, and the Willow Creek drainage remained candidate plants for listing as each successive year, the service made much the same as previously known, endangered or threatened species. The successive l-year findings that the with minor extensions of some stands. 1980 notice included S. aqilhcea as a petition to list S. aqdlacea and S The historic stand in the southern category 1 species. Category 1 species bamebyi was warranted but precluded portim of section 26, T. 11 S. R. 20 E. has comprise those taxa for which the by other listing actions of higher apparently been extirpated. These data Service haa information on the priority. The Service published a indicate that the known occurrences of biological vulnerabitity and threats to proposed rule in the Federal Register on S. argiIZacea constitute two population support the appropriateness of April 12,1991, proposing endangered clustenr: one near the Green River proposing to list them as endangered or status for these two species. That between Wild Horse Bench and the threatened opecies. proposal constituted the final l-year Green River, the other in the Willow In the Federal Register of November finding for these species in accordance Creek Drainage on the northem slopes 26.1963 (48 FR 53640). the Service with Section I(b)(B)(B)(ii] of the Act. of Big Mountain and in Broome Canyon. published a supplement to the 1980 These additions to the S. argilfacea notice of review in which S bamebp slmlmqoft2ullm&aIld R&xmmendationa species population are significant. was added as a category 2 species. Through the intensive inventor Category 2 comprises taxa for which the In the April 12 19% proposed rule conducted in 1991 has discovered more service has information indicating the and associated notifications, all plants, it also has confirmed that S appropriateness of a proposal b list the interested parties wee mested to argillacea is restricted to two small taxa as endangered or threatened ht. submit factual reports or information areas. Au occurrences of S. argillocea for which more substantial data are that might contribute to the development are on Federal oil and gas lease areas needed on biological vulnerability and of a final rule. Appropriate State and/or oil shale withdrawal areas. threats. In addition S. orgiliacea was agencies. county govemm entalkifmll The 1991 inventory has provided a I eclaseified as a category 2 species in Agencies, scientific organizations, and :he 1983 supplementi n&c& other interested @es were contacted better database upon which to base a On Seotember 27. I=. the Service and requested to comment Newspaper listing decision. While the recent published a notice of review IsO FR notices concerning &a proposed action inventory has demcmstrated that S 39526) replacing the IS~D notice and ita were published in The Salt Lake aqplIact3.7 is more abundant than 1983 supplement. The 1985 notice of Tribune. the Deseret News, the Uii previously reported it also has 7 review reclassified S. bamebyj as a Basin Standard, and the Emery County demonstrated that despite intensive category 1 species because recent status Progress during the period May I to May inventory efforts. the species is still rare. surveys for S. bamebyi (Welsh and 8,199X which invited general pubtic The most significant additinal stands Neese 1984) provided additional status comment. ihring the comment period. discovered in 199-i were locuti in ua information which sufficiently three comrnenkrs respunde&ne area that the author of this nda had demonstrated the vulnerability of this commenter provided written comments previously identified to the biologist species. Scboenocmmbe argillacea and two commenters provided ve&al amducting the lssl inventory as an remained a category z species. comments. The commenter ptiding area with reasonably high potential to The Service published a notice of written comments eupported listings. be S. a@ilaceu habitat. Afier the initial review on February Zl, 1990 (55 FR bumebyi IIBendangered. The two success obtained by searching this ma 6184). replncing the 1985 notice. This commenters providing verbal comments 110 additional significant stands ofs. notice maintained S. axgilacea and S. (which were followed by man extensive argilIace0 were diecovend el8erphene. bamebpl in the same categories as in written comments) questioned the listing This strongly suggests that the criteria the 1985 notice. Since then, more recent of S. bamebyi and opposed the Ming of used by the Service to identify potential status suvs and reports for S. S. &flacea at this the. Commenb S. a~iifucea habitat are highly argiiiacea [Bureau of Land Management received are discussed How. correlated with S ugillacea 198Qa, U.S. Fish and Wildlife Service Corrunenl 2: The initial results of a distribution. Based 021 the limited 1990) provided suffkent additional 1981 inventory for S. aq$Jh occnrrence af these specific geokqic information for the Service to consider sparuoredbyt)reBunaauofLand substrate and topographic expasure S. arp’llacea to be a catego@ species. Management nvealed significant parametera the 1991 inventory is These and earlier (Welsh 1978. Shu!tz additional pcqmlations of the species. suspected to have located the great and Mutz lm) status WI and and the species may have B population majority of existing S. argillacfw siites. reports for S mgilloceo and the staius of least twice that mentioned in the Taking the above into account, in suwego farS. L4nneby?.(Heii lm& proposed rule. addition to the information in Comments Neese 1987. Kass Issa, Welsh and bee Sen+ce responbe: Upon completion. z and 3. the Service has decided that it 1984) ckmmasdrated the appropriateness the l furementioned inventory of S. would be more appropriate to tist S. of proposing iiating &3r ihese two agilhcea estimated over 5,ooOplants, agillacea as threatened, rather than as speciea c as compared to the earlier estimate of endangered as miginally pmposed. Section 4(b)(ls][B) d the Ehdangaed t000plantsrqoriedintheprwpoeed Becxme the species* known populations Speciea Act (AdJ ameudznent8 of l962 rukwhichwrrc&ainedfromtk are found only on Btseau of Land reqairertbeSocreLrryafthebtt&orto sdnlltz and Met2 ~1979) report. A . Management )ands with oil, gas:and ait makefidimgsvn cextain petithm sigaificrrdpupala6onwm&8ooveredin shale potential. this ram plant will 1400 Federal Register / Vol. 57, No. 9 /- Ttie;sday, January 14, 1992 / Rules and Regulations always be vulnerable to the threat of estimated to be 2.000 plants. However. extinction or endangerment throughout habitat loss or disturbance due to information received during the all or a significant po@aof their range, energy development. Though candidate comment period indicates that a more and. therefore, has listed S. barneby! as species status carries some weight accurate estimate would be less than endangered and S. argillacea as within the Bureau of Land Management 1.000 plants. The scientific data threatened. in terms of conserving the species, it available at this timeindicates that it‘is appropriate to list this species as Summary of Factors Affecting the cannot legally ensure that Federal Species actions are not likely to jeopardize S. endangered. orgillacea. Comment 5: Populations of S. After a thorough review and Listing this species as threatened does barnebyi in Capitol Reef National Park consideration of all information not preclude future energy development are secure from any human-caused available, the Service has determined in its habitat. Listing ensures that adverse action. that Schoenocmmbe aqilloceu should proposed energy extraction operations Service response: The occurrence of be classified as threatened and that may affect S. argillacea on Federal populations of a rate, -e;nlisted species Schoenocrumbe burnebyi should be lands are reviewed, and where within a national park does not classified as endangered. Procedures necessary. actions are implemented SO necessarily ensure complete protection found at Section 4(a)(l) of the as to avoid jeopardy to this rare plant. of those populations from adverse Endangered Species Act (16 U.S.C. 1531 Comment 2: The habitat of S. impacts. The populations of S. burnebyr et seq.) and regulations (50 CFR part orgiliucea is over lower grade oil shale within the park are much smaller than 424) promulgated to implement the deposits that are considered marginal reported in the proposed rule and at listing provisions of the Act were for future oil shale development. There least one site is susceptible to trampling followed. A species may be determined are currently no plans for development by park visitors. The National Park to be an endangered or threatened of these oil shale reserves. Service is concerned about the status of species due to one or more of the five Service response: The Service takes S. burnebyi within Capitol Reef National factors described in Section 4(a)(l). note of the fact that habitat disturbance Park and strongly supports listing the These factors and their application to S. threats from oil shale development are species as endangered. Listing will focus argillacea [Welsh and Atwood) Rollins not imminent and has revised the rule additional attention and resources on and S. barnebyi [Welsh and Atwood) accordingly. However, much of the the species to ensure its survival into the Rollins are as follows: species’ habitat is over lands with good future. potential for oil and gas development. Comment 6: There is no active A. The Present or Threatened There is increasing oil and gas activity uranium development activity in the Destruction, Modification, or in this area, and care should be taken to habitat of S. barnebyi. Curtuiiment of its Habitat or Range avoid harming S argillocea populations. Service response: The small Comment 3: The location of S. population of S. bornebyi on land All known populations S. argilloceo argillacea populations on steep slopes managed by the tiureau of Land are on Federal lands leased for their oil makes the species unlikely to be Management is on a current mining and gas energy reserves. The species is disturbed by oil and gas development claim. The Mining Act of 1872 requires vulnerable to surface disturbing activity activities. on-the-ground mining assessment work associated with energy development Service response: The location of the on all current claims, Given the within its habitat (Welsh 1978, U.S. Fish species on steep slopes provides some extremely small size of the know and Wildlife Service 1990). There has protection from direct impacts of oil and species’ population, such assessmeiit been an increase in oil and gas gas development activity but does not work, even if of a minor nature, could exploratory activity in the species’ necessarily provide protection from result in major impacts to this habitat, which could lead to indirect impacts. Construction of access population. development in the foreseeable future. roads and possible dispdsal of Comment 7: The policy of the bureau In addition, the entire range of S. construction spoils into the species’ of Land Management is to conserve argillaceu is underlain by oil shale, occupied areas are potential threats to candidate species, such as these plants, which may be mined when economic some populations of this species. In fact, consistent with the principles of conditions favor it. Recent inventoriee the Service received word that a multiple-use management. This policy for rare plants in the range of S. proposed well pad development was protects candidate species. axgiliuceu have demonstrated a small recently visited where, unknowingly, Service response: The Service population and restricted range for this plans had been made to dispose of acknowledge8 the positive efforts of the species. The species has an estimated construction spoils onto a site Bureau of Land Management in the population of over &OOOindividuals in containing S. argillacea. conservation of these and other two small areas about 12 km apart. One Comment 4: The range and population candidate plants. However, the Bureau stand has apparently become extirpated of S. barnebyl may be greater than of Land Management’s written comment since its discovery in 1979 (U.S. Fish and currently known, and listing should be acknowledges that this policy does not Wildlife Service 1991). delayed until more surveys are provide candidate species the (same) The primary threat to S. burnebyi is completed. protection afforded listed species. The habitat destmction associated with Service response: Several recent identification of a species aa a potential uranium mining activity. The - studies and inventories which have candidate species is a temporary single hillside where the species occurs surveyed known populations of S. measure until the Service is prepared to in its population has barneby! as either the sole or a principle propose the species for listing as either an access road bulldozed across it with study objective [See “Background” and threatened or endangered or to remove mining prospects near the species’ “References Cited”) have shown the the species from further active limited distribution. Portions of the. species to be very rare and restricted in consideration for listing. After reviewing species’ habitat lie within six mining distribution, with a high degree of the best available data, the Service has claims at Sy’s Butte, which require inherent vulnerability. In the proposed decided that these species require the annual assessment work which could rule, the species’ population was protection of the Act in order to avoid further degrade the species’ habitat. The Federal Regiasr / Vol. 57, No. 9 / T~;-fanuary 14, 1992 / Rules and Regulations 1401 I _ workings of one of the largest uranium S. bamebyi unless these speciesare critical Habitat listed. _ -.- mines in the San Rafael Swell are only a Section 4[a)(3) of the AcLrqnires. to mile away on the same exposure of -~ E. Other Natuml or Manmade Factors the maximum extentprudent and geologic strata as S. bamebyi (U.S. Fish Affecting Their Continued Existence and Wildlife Service 1985). The species’ -- - determinable, that the Secretary highly restricted distribution and very Most sites of S. cuzilkea contain less - designate critical habitat at the-time a small population make the species than 200 individuals-and the species has species is determined to be endangered highly vulnerable to any activity which been extirpated from one of these sites or threatened. The Service finds that would disturb it5 habitat (Welsh and (LLS. Fish and Wildlife Service 1991). designation of critical habitat is not Neese 1964). The San Rafael Swell population of S. presently prudent for these species at Capitol Reef National Park provides barnebyi has fewer than 100 individuals this time because the benefits of some protection to the small S. bamebyi and the four sites in Capitol Reef publicizing critical habitat are population within its borders. though National Park have 200 or fewer plants outweighed by added dangers. one site is currently being impacted by each. Some sites may hold so few plants Publication of critical habitat is not in visitor trampling. The species also is that they may not be demographically the best interest of these species. The vulnerable to any activity, including stable in the medium to long term. Some rarity of these species and their road and recreational developments, of the smaller site populations of both S. restricted range make these plants which may occur on its national park argillacea and S. bamebyi may be lost particularly vulnerable to taking. With habitat. as a result of natural variation in respect to endangered plant5 on Federal population numbers in the short term. lands, taking is only regulated by the B. Overu tiiiza tion for CommemiaI, The effects of past habitat degradation Act in cases of removal and reduction to , Recreational, Scientific, or Educational on the species’ ability to respond to possession or their malicious damge or Purposes environmental stress is not known but destruction on such lands. Such Overutilization for these purposes is may be critical to the species’ future provisions are difficult to enforce. not presently known. However, take or existence. Only the larger sites of S. Adding these plants to the List of vandalism could have a serious impact argillacea may have sufficient genetic Endangered and Threatened Plants on these species, given their small variability to provide for long-term publicizes their rarity and .&us can population numbem. Because of this, the adaptation to natural changes in their make them attractive to curiosity Service recommends against publicizing environmental conditions. seekers or expose them to potential these species’ location, other than to The Service has carefully assessed the vandalism. Though prohibited by the land managers. best scientific and commercial Act, taking and vandalism are difficult C Disease or Predation information available regarding the past, to control on the ground. At least one of present, and future threat5 faced by S. the sites containing S. bamebyi located Sheep and cattle grazing may have argillacea and S. bamebyi in in Capitol Reef National Park is had an impact on S. a@ilacea and S. determining to make this rule finaL barnebyi historically, but with current vulnerable to trampling by park visitors. Based on this evaluation, the preferred Because S. argillacea is located on steep levels of grazing intensity and grazing action is to list S. argillacea a5 a slopes, visitation for purposes of management by the Bureau of Land threatened species and S. bamebyi as viewing could increase slope emsion, Management, domestic livestock grazing an endangered species. Both species are which could be detrimental. Publication is not expected to significantly impact rare endemics restricted to specific of critical habitat descriptions and maps these species. areas having potential for being would make it easier for various parties D. The Inadequacy of Existing exploited for energy resources or subject to loc@e and/or take the plants. Regulatory Mechanisms to other disturbances. These species’ rarity and their limited distribution also The principal land managers have There are no Federal, State, or local make them inherently vulnerable to been notified of the location of these laws or regulations that address these environmental perturbations. species and are aware of the importance species specifically or directly provide Schoenocmmbe bamebyi is extremely of protecting these species’ habitat. for the protection of their habitat. The rare, and known threats place it in Protection of these species’ habitat will Bureau of Land Management and the danger of extinction throughout a be addressed through the recovery National Park Service are aware of both significant portion of its range. process and the section 7 jeopardy S. a@acea and S. bamebyi and have Therefore, S. bamebyi qualifies as standard. Any Federal action that would considered them in environmental endangered as defined by the Act. The impact these plants’ habitat would planning of their habitat areas (Bureau status of threatened does not reflect the necessarily affect the plant5 themselves of Land Management 1994, Bureau of biological vulnerability of S. bamebyi (being immobile, rooted organisms) and Land Management -IssSb, National Park populations. would be reviewed during section 7 Service 1982). All plant5 within Capitol Schoenocmm be’ argillocea is not consultation. The Service finds that Reef National Park are protected by curmntly in danger of extinction designation of critical habitat is not regulation hrn taking; this, however, throughout all or a significant portion of presently prudent for these two plant has not been identified as a threat to S, it5 range. However, it5 small population species. bamebyi, provided the species’ location size. limited dietribution, and location Available Conservation Measures is not publicized Schoenoammbe on Federal lands subject to oil, gas, and bamebyi would still be vulnerable to oil shale development make it likely to Conservation measures pmvided to other activities within Capitol Reef become an endangered species within species listed as endangered or National Park, such as road and tbe foreseeable future throughout all or threatened under the Endangered recreational development. Any a significant portion of its range. Species Act include recognition. conservation activity undertaken by Therefore, it qualifies as threatene& as recovery actions, requirements for Federal Agencies would be voluntary. defined by the Act. For the reasons Federal protection, and prohibitions Federal Agencies are not legally given below,. it is not considered prudent against certain practices. Recognition obligated to conserve S. argillacea and to designate critical habitat. through listing encourages and results in conservation actions by FederaL State, plank the 1888 amendments (Pnb. L Neese,B 1Sn. Fmal report-Habitat Indian and private agencies. groups, lOOd78) to the Act prohibit the inventq ufSdemqpt.us wrightiae and and individuala. The Endangered malicious damage or destruction on asmohbd seflsitiva rpf?cies.vol. Species Act provides for possible land Federal lands and the removal cutting, prepdradfue~rluofLand acquisition and cooperation with the digging up, or damaging or destroying of Mauagement. Fkhfieid, Utah. 119pp. States and requires that recovery _ endangered plimwltlcnowing violation RoHin~, Rc l%E 7%eIypo&opsis and‘ - actions be ca&xi out for all Iisted of any State law or regulation, including l%Thuerf~be(cmciferae). contrib species. The p&ection required of State criminal trespass law. Certain Gray Herb. ZlZ7l-102 Federal Agemies and the prolriiitionn exceptions aPpiy to agents of the Shuk LM and KM. Mub iw9. Threatened against ctrtain activities involving listed service and State conservation &d endangeredplants of the Willow plants are discussed, in part+ below. agenciesTheActand5o~17.62, --.Repatprepadfot 17.63, and 17.72 also provide For the Bureauof Land Manageraent.Vemat Section 7(a) of the Act, as amended, uhh74pp. requires Federal Agencies to evaluate issuance of permits to carry out US Fish and Wildlife Servia. 1985 their action8 with respect to any species otherwise prohibited activities involving schom ucmmbe bumebyk supplemental that in proposed or listed as endangered endangered lrpecies under certain stat118report. salt lake YCity,iitaa 3 pp. or threatened and with respect to its circumstances. It is anticipated that few, U.S. Fish and Wildlife Service. 1890. critical habitat, if any is being if any, trade permits would ever be Schoenocmmbe a@lacea: supplemental designated. Regulations implementing sought or issue for S. argillnca and S StstuI TeDort.!Mt Lake cib, Utah. 3 DD. mir interagency cooperation provision bornebyi because these species are not U.S. Fish and Wildlife Service. %l. - - oftheActarecodifiedatSOCFXpti common in cuhivation or in the wild. Sch~bc agiuowrc ruppl~tal 402. Section 7(a)[Z) requires Federal Requests for wpks of the regulations on rtatua report, including revisedrange maps from BLM/uNHp inventory. Salt Agencies to ensure that activities they plants and inquiries regarding them may Lake City, Utah. 4 pp. plus maps. authorize, fund. or ca* out are not be addressed to the Office of wd~h sL ma statur report: likely to jeopardize the continued Management Authority, U.S. Fish and The&podiqsi~ u@Liactw. Report existence of such a species or to destroy Wildtife Service, room 432, (1401North prepamdfarLlSFiahmdWikilife or advemely modify its critical habitat. Fairfax Drive, Ariington, Via 22#)3- &&ice, Denver.Colorado, s pp. If a Federal action may affect a listed 3507, telephone (703) 358-20g3 or FIS Welsh. S.L 1981. New taxa of western species or its critical habitat, the 921~2993. plan&+41 tribute. Brittonia 33:M. responsible Federal Agency must enter Weish S.L and ND. Alwan% 1871. An NatimalEaviwnmentalPolicyAct undeauibui epeciesof TbelypodiojwIs into formal consultation with the () from the tinta Basin. Service. The U.S. Fish and Wildlife Service has Utah. Great Basii Nat. 37%4R The known population8 of S. determined that an Environmental Welsh, S.L end LM. Chatterley. 1985. Utab’r cugiliacea and S barnebyi are on Assessment as defined under the ram planta revisited Great Buin N8t Federal lands under either the authority of the National Entinmental jurisdiction of the Bureau of Land Policy Act of 1969, need not he prepared welizEzBNeeaal98a8ratu8I’ Management or the National Park in connection with regulations adopted for iTheW& bamebyi Welsh ad Service. The Bureau of Land pursuant to section 4(a) of the Atwood-(Bandy th&qdyj Management in addition, is nzsponsible Endangered Species Act of 1973, as Braasicaceae (Crucifeme). Utah endemic for the leasing of minerals under Federal amended. A notice outlining the Report prepared for U.S. FM and- Service’s reasons for tbia determination Wtid!ife 8erh~. &nVer. CObdO. 8 DD. jurisdiction. Both of the Federal Welsh S.L.. F$D. A&ogi.ti.~~~ Agencks would be responsible for was published in the Fe&al Retgiater on s. cwdrlch ensuring that Federal land uses and October 251983 (48 FR 49244). Basin Nat. Mea &3@4. . actiona are not likely to jeopardize the -citul~ . . continued existence of S. argithcm and Author sbmnebyi. Bureau of Land Uanagemen!. 1984. Find Book Cliffs n mauegem~ planf ThephnaryauthorofthisralebJohn The Act and it8 imple!menm envkomnental impact statement. Vemal, L England, botanist U.S. Fish and regulations found at 50 CFR 1i’.61,17&2, LJtdI. 619pp. Wildlife Serrice. Salt lake City, Utah .:, 17*63,173Landl7~2aeifortha&?&r Bureau of M Ldarryement. lseoa Report (801/5244430ormti8843o,sw of general trade prohibitions and on the qedd 8tata8 plant fbweutcq Awcwrat above). ..c . exwjttians that apply to all endangered condoctecl w the Dkamod Mwntaia and thr&ened phnt~. All trade! RWOWWArss.1oBB.Vd.ULebl3pp List ofsub+sinjo cFRPatH7 :+ prohibitions of section 9(a)( 2) of the Act+ BumauofLand MNngamNtl9seb.san RndMgemdandthreatenadopecieb, im4l~by5ocQRl7.%landl7~ Rafael proposed rmource management Exports. imports, Reporting end - apply. Thea83prohibiti- in par4 make plan and final environmentd im~ad recordkeeping requirement and btatement Price Utah. 511 pp. - itillegalforanypersansubjecttothe HeiL K.D. lgeb Endangered, threatened rare TlWlSptdiOll. jurisdiction of the United States to and other plank of waamatCqitd Ragulation Promulgat.icm impoltoreJqmrt transportintnterrQte KeefN4onal Pa& Utah. Rw or foreign commerce in the course of a prepumlfLltN~tionidRl*skrvia, PART17-tAMENDEDl -, __ _ commercial activity, sell or offer for sale Tomg.Utah57pp these species in interstate or foreign fbmb Rj. 1seQ Fbmf report of habitat Accordin&. part 17. subchapter B of commerce,ortoremoveandreduwto invwto!v of tbmrtenad andendurnored chapterI.titie50oftheCodeofFederal~ posaet3eionthew ape&a from areaa Regulationa, ia amended aa set forth under Federal jurhhdon See& tram below: cultivated ~K&WIKI of threatened plant 5 The authority citation for part 17. specie8 am exempt from them continnes to read as fouom pmhibitiona pmvbhd that Q rtatement AK&hod@ 18 U.S.C. xm-1m lo U.8.~ of “cdtivated or@” appwrs ah th& 153%154& 16 uJ3.c 47Jn-424LI; mb. t w- contaiMraxnadlu~forNdMgamd l32&lOOStd.S5CKJUd~-~~- Fedd. Register / Vol. 57, No. 9 1 Tuet&t~January 14, 1992 / Rules and Regulations 1403

2. Amend 0 17.12(h) by adding the # 17.12 Endanger&i arid iidened fil l ** following, in alphabetical order under Mti -- Brassicaceae, to the List of Endangered l l l l _+ and Threatened Plants:

. . . t . . . - Fmily. . . . sc!mmmb& __-.-..... aay’rsebmetud .-..- .. .._.. -I_ .. . . “.. u.sA. 0 ..1...... - .. . .._...... I- -..... 1 457 NA NA m &mbjf..,, -^-- sumby lwdmmmd ..--.-- _- USA. (UT-J ...... _. .._. _._._.._..I... E 457 NA NA ......

Dated: December 30,1!3Dl. Richard N. Smith, Acting Director, Fish and WiidIife Service. [FR Dot 92898 Filed l-13-92; 8~45 am] -coDEolo4sd

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