38946 Federal Register I Vol. 54. No. 182 / Thursday, September 21, 1989 / Rules and Regulations make a technical correction to the List DEPARTMENTOF THE INTERIOR authority of the National Environmental of Endangeredand Threatened . Policy Act of 1969, need not be prep~rred Fish and Wildlife Service in connection with regulations adopted Background pursuant to section 4(a) of the 50 CFR Part 17 Dicerandrafrutescens (scrub mint) Act of 1973. as RIN 101S-AB36 was listed as an endangered species on amended. A notice outlining the November 1, 1985 (50 FR 45621) under Service’s reasons for this determination Endangered and Threatened Wildlife the provisions of the Endangered was published in the Federal Register on and Plants; Dicerandra chrlstmanli Species Act of 1973, as amended. A October 25, 1983 (48 FR 49244). (Garrett’s Mint)Determined To Be recently published taxonomic analysis Endangered (Huck et al. 1989) finds that plants Reference Cited belonging to two populations in the Huck, R.B., W.S. Judd, W.M. Whitten, AGENCY: Fish and Wildlife Service, northern part of the range of Dicerandra J.D. Skean, Jr., R.P. Wunderlin, and K. Interior. fruiescens are clearly distinct from DeLaney. 1989. A new Dicerandra ACTION: Final rule. plants from the southern populations In (Labiatae) from the Lake Wales Ridge of SUMMARY: Dicerandrafrutescens “anther and corolla color, essential oils, Florida. with a Cladistic Analysis and (Lamiaceae), native to Florida, is an average leaflength, and anther Discussion of Endemism. Systematic endangered species on the List of connective glandularity.” These Botany 14(2): 197—213. Endangered and Threatened Plants differences are very evident on live Author (List). A newly published taxonomic plants, but not on herbarium specimens, analysis shows that Dicemndra explaining why they had not been The primary author of this final rule is frutescens, as it was delimited when noticed earlier. The northern David Martin, Jacksonville Field Office, added to the List, actually consists of populations are now designated as a U.S. Fish and Wildlife Service, 3100 two distinct species, one retaining the distinct species under the new name University Boulevard South, Suite 120, name Dicerandrafrutescens (scrub Dicerandrachristmanii Huck & Judd Jacksonville, Florida 32216 (904/791— mint), the other newly named (Huck et al. 1989). The nomenclatural 2580 or FTS 946—2580). Dicerandrachristmanll (Garrett’s mint). transfer of these populations to a new List of Subjects in 50 CFR Part 17 species does not affect their protected The plants that are transferred to Endangered and threatened wildlife, Dicerandrachristrnanii retain the status under the Endangered Species Act. Fish, Marine mammals, Plants protection of the Endangered Species (agriculture). Act that they were given under their The Fish and Wildlife Service uses the previous name. This rule gives public most recently accepted scientific names Regulation Promulgation notice to adoption of the new name by for listed plants (50 CFR 17.12(b)); accordingly, the List of Endangeredand PART 17—EAMENDEDI the Fish and Wildlife Service. Threatened Plants is being revised to EFFECTIVE DATE September 21, 1989. Include the name Dicerandra Accordingly, part 17. subchapter B of ADDRESSES: David J. Wesley, Field christmanii (common name: Garrett’s chapter 1. title 50 of theCode of Federal Supervisor, U.S. Fish and Wildlife mint). Other information provided for Regulations, is amended as set forth Service, Jacksonville Field Office. 3100 Dicerandro christmanii in the List will below: University Boulevard South, Suite 120, be Identical to the information for 1. The authority citation for part 17 is Jacksonville, Florida32216. Dicerandrafrutescens, which remains In revised to read as follows: FOR FURTHER INFORMATiON CONTACT: the List with its entries unaltered. This Authority: 16 U.S.C. 1361—1407; 16 U.S.C. David J. Wesley, Phone: 904/791—2580 or adoption of a current scientific name Is 1531—1543; 16 U.S.C. 4201—4245; Public Law FTS 948-2580. nonregulatory in nature (50 CFR 99—625, 100 Stat. 3500; unless otherwise noted. SUPPLEMENTARY INFORMATION: 17.12(d)).This rule is published to clarify 2. The authority citation for subpart J, the reason for Service’s adoption of the Effective Date part 17, is removed. new name and to provide a record of the 3. Amend § 17.12(h) by adding the The usual 30-day delaybetween date change in nomenclature in the “when following, in alphabetical order under of publication of a final rule and its listed” column of the List for future the family Lamiaceae to the List of effective date may be waivedfor cause, reference. Endangered and Threatened Plants: as provided by 50 CFR 424.1B(b)(1) and by the Administrative Procedure Act (5 National Environmental Policy Act § 17.12 Endangered and threatened U.S.C. 553(d)(3)). The Service finds that The Fish and Wildlife Service has plants. this period be waived for this rule determined that an Environmental * . * * * because the rule’s only purpose is to Assessment, as defined under the (h) * * * Federal Register / Vol. 54, No. 182 / Thursday, September 21, 1989 I Rules and Regulations 38947

Species When Critical SPecial Histo~range Status habitat rules Scientific name Common name listed

Lamiaceae—Mint family: •

LYcerandra ~h,isfman,, Garrett’s mint ... U.S.A. (FL) E • 207.361 NA • NA

Dicerandra frufescens Scrub mint .. U.S.A. (FL) E 207,361 NA NA

Dated: September11, 1989. wide, crenate, with one (or rarely two) privately owned lands. The continued David L. Olsen, pair of small lateral lobes. The stem existence of this species is threated by Acting Director, Fish and Wildlife Service. leaves are alternate and mostly unlobed, conversion of its habitat to pasture, I to 1.5 cm long, crenate and cuneate. habitat destruction and/or desiccation (FR Doc. 89—22337 Filed 9—20—89; 8:45 am] Flowers and fruits are borne in April associated with logging, encroachment BIWNO CODE 4310-55--U and May. The flowers, subtended by by aggressive nonnative species such as leafy bracts, have four white petals, six Japanese honeysuckle 5OCFR Part 17 stamens, and small, round anthers. The Thunberg), impoundment or fruit is asilique 0.8 to 1.2 cmlong and channelization of the small stream RIN 1018-AB 23 approximately 1 millimeter (mm) in corridors it occupies, and flooding and diameter with a beak 1 to 1.2 mm long. associated scouring of its strearnbank Endangered and Threatened Wildlife The brown seeds are approximately 1 habitat. and Plants; Small Anthered Bittercress mm long. The remaining populations are small Determined To Be Endangered micronthera can be in numbers ofplants and extent of distinguished from its most similar occupied habitat. The smallest AGENCY: Fish and Wildlife Service. relative, Cardaminerotundifolia, by its Interior. population consists of only 3 plants; the much smaller, nearly orbicular (instead largest, consisting of about 200 plants, ACTION: Final rule. of oblong) anthers, smaller flowers, and occupies less than a tenth of a mile of more angulate leaves. In Cardamine streambank. With all four remaining SUMMARY The Service Determines micranthera the anthers are about 0.5 sites in private ownership, the species is Gardaminemicranthera (small-anthered mm long, and the petals are 1.2 to 2 mm bittercress), a perennial herb limited to extremely vulnerable to extirpation wide; whereasin Cardamine resulting from habitat alteration. four populations in North Carolina, to be rotundifolia, the narrowly oblong an endangered species under the anthers measure from 1.2 to 1.6 mm long, Federal government actions on this authority of the Endangered Species Act and the petals are 2.5 to 3.5 mm wide. species beganwith section 12 of the of 1973, as amended (Act). Cardamine Growth habits of the two species differ Endangered Species Act of 1973, which micranthera is endemic to Stokes and directed the Secretary of the as well, Cardamine rotundifolia has Smithsonian Institution to prepare a Forsyth Counties, North Carolina, and is decumbent stems with proliferating endangered by conversion of habitat for branches arising both from the main report on those plants considered to be agricultural and silvicultural purposes, axis and often from the inflorescences. endangered, threatened, or extinct. This floods, stream channelization and Cardamine micranthera has erect or report, designated as House Document impoundment, and encroachment of only basally decumbent stems with no Number 94—51, was presented to exoticplants. This action implements proliferating branches. Also, the siliques Congress on January 9, 1975. The Federal protection provided by the Act and styles of Cardamine micranthera Service published a notice in the July 1, for Cardamine micranthera. are only about half as long as those of 1975, Federal Register (40 FR 27832) of its acceptance of the Smithsonian EFFECTIVE DATE: October 23, 1989. Cardamine rotundifolia (Rollins 1940, Cooper et a]. 1977, Radford et a!. 1964). Institution report as a petition within the ADDRESSES: The complete file for this Cardarnine micronthera is endemic to context of section 4(c)(2) (now section rule is available for inspection, by seepages, streambanks, and moist 4(b)(3)) of the Act and of its intention appointment, during normal business woods along a few small streams in thereby to review the status of the hours at the U.S. Fish and Wildlife Stokes and Forsyth Counties, North taxa named within. Cardami’ne Service, 100 Otis Street, Room 224, Carolina. The single population in micranthera was included in the July 1, Asheville, North Carolina 28801. Forsyth County was destroyed when the 1975, notice of review. On December 15, FOR FURTHER INFORMATION CONTACT: site was converted to cattle pasture in 1980, the Service published a revised Ms. Nora Murdock, at the above address the early 19605. Repeated searches for notice of review for native plants in the (704/259—0321 or FTS 672—0321). the single population known at that time Federal Register (45 FR 82480). from Stokes County were unsuccessful, Cardamine micranthera was included in SUPPLEMENTARY INFORMATION: and the species was presumed extinct that notice as a category 1 species. Category I species are those species for Background (Cooper et al. 1977). In 1985, nearly 30 years after the species had last been which the Service currently has on file Cardainine micron thera, first seen, it was again located in Stokes substantial information on biological described by R. C. Rollins (1940) from County by S. W. Leonard (1986). vulnerability and threats to support material collected in North Carolina in Subsequent searches by A. Weakley proposing to list them as endangered or 1939, is an erect, slender, perennial herb (North Carolina Natural Heritage threatened species. A revision of the with fibrous roots and one (or rarely Program) and N. Murdock (Service) 1980 notice that maintained Cardamine more) simple or branched stem growing resulted in the discovery of three more micranthera in this category was 2 to 4 decimeters tall. Basal leaves areI populations in Stokes County. All four published on September 27, 1985 (50FR to 2 centimeters (cm) long, 0.5 to 0.6 cm remaining poulations are located on 39526). 38948 Federal Register / Vol. 54, No. 182 / Thursday, September 21, 1989 / Rules and Regulations

Section 4(b)(3)(B) of theEndangered has been extirpated due to conversion of Lonicerajoponica have invaded Species Act, as amended in 1982, thehabitat to cattle pasture. The four adjacent areas and threaten to invade requires the Secretary to make certain remaining populations are located in this species’ habitat, which could result findings on pending petitions within 12 privately owned lands and are small in the elimination of Cardamine months of their receipt. Section 2(b)(1) of and extremely vulnerable to extirpation. micranthera, The natural habitat of this the 1982 amendments further requires Activities that could further threaten the species consists of small streambank that all petitions pending on October 13, continued existence of Cardamine seeps and, secondarily, adjacent 1982, be treated as having been newly micranthera, if not undertaken in a sandbars and stream edges. At one of submitted on that date. This is the case manner consistent with protection of the the remaining populations, the original for Cardamine micranthera because of species, include impoundment, seep habitat can no longerbe found, and the acceptance of the 1975 Smithsonian channelization, conversion of the the surviving plants now exist only in report as a petition. In October of 1983. habitat to pasture, logging. the streambed on two small sandbars. In 1984, 1985, 1986, and 1987, the Service encroachment of exotic species such as this situation, the species is highly found that the petitioned listing of Lonicerajaponica, and flooding (which vulnerable to natural catastrophes such Cardamine micranthera was warranted will be discussed in detail under Factor as floods, which could scour the but precluded by other listing actions of E below). streambed and eliminate the few a higherpriority and that additional B. Overutilization for commercial, remaining plants. In unaltered hdhitat, data on vulnerability and threats was recreational, scientific, or educational where most of the plants occupy the still being gathered.The February 1. purposes. Cardamine micron there is not seepages above the actual stream 1989, proposal of Cardamine currently a significant component of the channel, flooding and scouring of the micranthera to be endagered (54 FR commercial trade in native plants. streambed is not as potentially 5095) constituted the final 12-month However, because of its small and threatening to the species as in altered finding for this species. easily accessible populations, it is habitats. In unaltered habitats, scoured vulnerable to taking and vandalism that areas where plants have been Summary of Comments and could result from increased specific Recommendations eliminated arereadily recolonized by publicity. the populations in the seeps. In the February 1, 1989, proposed rule C. Disease or predation. Not The Service has carefully assessed the and associated notifications, all applicable to this species at this time. interested parties were requested to best scientificand commercial D. The inadequacy of existing information available regarding the past. submit factual reports or information regulatoiy mechanisms. On September present, and future threats faced by this that might contribute to the development 1, 1989. Cardamine micranthera was of a final rule. Appropriate State added as an endangered species to the species in determining to make this rule agencies, county governments, Federal State list of endangered species in North final. Based on this evaluation, the agencies, scientificorganizations, and Carolina (R. Sutter, North Carolina Plant preferred action is to list Cardamine micron there as endangered. With only other interested parties were contacted Protection Program, personal and requested to comment. A communication, 1989). The plant is four populations remaining in existence newspaper notice inviting public afforded legal protection in that State by (one having already been eliminated) comment was published in the and with all the remaining populations North Carolina General Statutes, being small, highly vulnerable, and “Danbury Reporter” on February 22, sections 106—202.12 to 106—202.19, which 1989. provide for protection from intrastate located in privately owned land, the Four comments were received, all of trade (without a permit), monitoring and species definitely warrants protection which expressed support for the management of State-listed species, and under the Act. Endangered status seems proposal. prohibition against taking plants without appropriate because of the imminent written permission of landowners. State serious threats facing the four remaining Summary of Factors Affeding the populations. Critical habitat is not being Species prohibitions against taking are difficult to enforce and do not cover adverse designated for thereasons discussed After a thorough review and alterations of habitat, such as below. consideration of all information channelization, impoundment, or Critical Habitat available, the Service has determined conversionfor agricultural or that Gardamine micran there should be silvicultural use. Section 404 of the Section 4(a)(3) of the Act requires. to classified as an endangered species. Federal Water Pollution Control Act the maximum extent prudent and Procedures found at section 4{a)(1) of couldpotentially provide some determinable, that the Secretary the Endangered Species Act (16 U.S.C. protection for the habitat of Cardamine designate critical habitat at the time a 1531 et seq.) and regulations (50 CFR micranthera; however, most, of not all, species is determined to endangered or part 424) promulgated to implement the of the sites where it occurs do not meet threatened. The Service finds that listing provisions of the Act were the criteria of the Federal designation of critical habitat is not followed. A species may be determined Water Pollution Control Act. The presently prudent for this species. As to be an endangered or threatened Endangered Species Act would provide discussed under Factor B in the species due to one or more of the five additional protection and ‘Summary of Factors Affecting the factors described in section 41a)(1). encouragement of active management Species” section. Cordamine These factors and their application to for Cardamine micronthere. micronthera is threatened by taking and Cardamine micranthera Rollins (small- E. Othernatural or manmade factors vandalism. These activities are difficult anthered bittercress) are as follows: affecting its continued existence. As to enforce against and only regulated by A. The present or threatened mentioned in the “Background” section~ the Act with respect to plants in cases of destruction, modification, or curtailment of this final rule, the four remaining (1) removal and reduction to possession of its habitat or range. Four populations populations of this species are small in of listed plants from lands under Federal of Cardamine micranthera are known to numbers of individual stems and in area jurisdiction, or their malicious damage exist in Stokes County, North Carolina. covered by the plants. In some cases or destruction on such lands: and (2) One other historically known population aggressive exotic species such as removal, cutting, digging up. or