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36332 Federal Register / Vol. 45, No. 105 / Thursday, May 29,1980 / Proposed Rules

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36332 Federal Register / Vol. 45, No. 105 / Thursday, May 29,1980 / Proposed Rules 36332 Federal Register / Vol. 45, No. 105 / Thursday, May 29,1980 / Proposed Rules DEPARTMENT OF THE INTEfllOR two centimeters across. The plants four other proposals which had expired. occur on open wind-swept rock ledges. At this time the Service has sufficient Fish and Wildlife Service The continued existence of this plant new information to warrant reproposing and the fragile plant communities in Hudsonia montana. Critical Habitat is 50 CFR Part 17 which it occurs are being threatened by being proposed for Hudsonia montana . Endangered and Threatened Wildlife trampling. This rule proposes to for the first time. and Plants; Proposal To Determine determine Hudsonia montana to be a The Department has determined that threatened species and would this is not a significant rule and does not “Hudsonia montana” (mountain implement the protection provided by golden-heather) To Be a Threatened require the preparation of a regulatory Species and To Determine Its Critical the Endangered Species Act. The analysis under Executive Order 12044 following paragraphs further discuss the and 43 CFR Part 14. Habitat actions to date involving this plant, the Summary of Factors Affecting the AGENCY: Fish and Wildlife Service, threats to the plant, and effects of the Interior. proposed action. Species ACTION: ProDosed rule. Background Section 4[a) of the Endangered Species Act (16 USC. 1531 et seq.) SUMMARY: The Service proposes to Section 12 of the Endangered Species states that the Secretary of the Interior determine a plant, Hudsonia montana Act of 1973 directed the Secretary of the shall determine whether any species is (mountain golden-heather), to be a Smithsonian Institution to prepare a an Endangered species or a Threatened Threatened species and to determine its report on those plants considered to be species due to one or more of the five Critical Habitat under the authority endangered, threatened, or extinct. This factors described in Section 4(a) of the contained in the Endangered Species report, designated as House Document Act. These factors and their application Act. This olant occurs in North Carolina. No. 94-51, was presented to Congress on to Hudsonia montanb Nuttall (mountain on land owned by the U.S. Forest January 9,1975. On July 1,1975. the golden-heather) are as follows: Service and is threatened by trampling Director published a notice in the (I) Present or threatened destruction, and other factors. This proposal, if Federal Register (40 FR 2782347924) of ’ modification or curtailment of its finalized, would implement Federal his acceptance of the report of the Smithsonian Institution as a petition habitat or range. Hudsonia montana protection provided by the Endangered was originally collected by Thomas Species Act of 1973. as amended. within the context of Section 4(c)(2) of the Act, and of his intention thereby to Nuttall in 1816, from the summit of Table DATES: Comments from the public must Rock Mountain in Burke County, North be received by July 28.1980. Comments review the status of the plant taxa named within. On June 16,1976, the Carolina. Since its discovery, it has been from the Governor of North Carolina collected at infrequent intervals from must be received by August 27,198O. A Service published a proposed rulemaking in the Federal Register (41 _ this and several other locations all public meeting on this proposal will be within an eight kilometer radius of held on Tuesday, July 1 at 7:oOp.m. FR 24523-23472) to determine approximately 1,700 vascular plant Table Rock Mountain, all within Burke ADDRESS: Public meeting location: species to be Endangered species County, North Carolina. The species Western Piedmont Community College pursuant to Section 4 of the Act. This list was assumed extinct by various recent auditorium, Morganton, North Carolina. of 1,700 plant taxa was assembled on treatments due to the failure of botanists Comments and materials concerning the basis of comments and data to relocate the populations. However, all this proposal, preferably in triplicate, received by the Smithsonian Institution populations were still extant in 1978 should be sent to the Director (FWS/ and the Service in response to House (Morse 1980). OES), U.S. Fish and Wildlife Service, Document No. 94-51 and the July 1,1975 Although all populations are still Department of the Interior, Washington, Federal Register publication. Hudsonia extant, two populations have shown D.C. 20240. montana was included in the July 1, declines in the number of individuals Comments and materials received will 1975, notice of review and the June 16, present [Morse 1980). Nuttall, in 1816, be available for public inspection during 1976, proposal. The notice of review and described Hudsonia montano as normal business hours, by appointment, the proposal included Hudsonia abundant and forming extensive at the Service’s Office of Endangered ericoides ssp. montana rather than caespitose patches on Table Rock Species, 1000 N. Glebe Road, Fifth Floor, Hudsonia montana. Treatm.ent of this (Pennell 1936). In 1978, approximately 21 Arlington, Virginia 22201. taxon as a subspecies. by Skog and plants [including juveniles and FOR FURTHER INFORMATION CONTACT: Nickerson (1972) was followed by the seedlings) were observed to be present Mr. John L. Spinks, Chief, Office of Smithsonian Institution and thus the on Table Rock (Morse. 19801. Endangered Species, Fish and Wildlife derived Federal Register publications. This reductidn is, in’part, hue to Service, US. Department of the Interior, Since 1972. however, this taxon has trampling and soil compaction by Washingt0n.D.C. 20240,703/235-2771. been treated as a species by various human visitors. One location receives SUPPLEMENTARY INFORMATION: authors. Recent morphological, heavy use by hikers and campers and Hudsonia montana [mountain golden- cytological, and population studies by one camp fire circle resulted in the heather) was.first discovered on the Morse (1979) have confirmed the partial charring of one large clump of summit of Table Rock, North Carolina in distinctness of Hudsonia montana from Hudsonia montana. The other 1816, by Thomas Nuttall. Today all Hudsonia ericoides. populations have not been monitored, so known populations of the species occur The Endangered Species Act changes in the populations cannot be within an eight kilometer radius of Amendments of 1978 required that all readily determined. All populations are Table Rock, and all are on U.S. Forest proposals over two years old be threatened by the heavy use the area Service land. The plant is a low withdrawn. A one year grace period was receives from hikers and rock climbers perennial shrub with needle-leaves and given to proposals already over two and all populations show impact from yellow flowers which measure about years old. On December 10,1979. the trampling. Misplaced trails or Service published a notice withdrawing inadequately regulated hiking and the June 16,1976, proposal along with climbing could destroy entire Federal Register / Vol. 45, No. 105 / Thursday, May 29, 1980 / FVoposed Rules 36333 populations or population segments in a The small size and number of tbe stated above, designation would impact short period. populations cause this species to be in only Forest Service practices relating to Hudsonia montana grows on exposed greater danger of extinction due to controlling recreational land usage. The .1 quartzite ledges in an ecotone between natural fluctuations of populations, Service has been in contact with the bare rock and Leiophyfium-dominated especially in the case of the three Forest Service and others who had input ” heath balds which merge into pine-oak smaller populations. into the economid analysis of this proposed Critical Habitat. This forest. All populations &cur on land Critical Habitat owned by the U.S. Forest Service in the economic analysis served as part of the North Fork Catawba River Planninn The Act defines “Critical Habitat” as basis for the Service’s decisions as to Unit, Pisgah National Forest, North” (i) the specific areas within the whether or not to exclude any area from Carolina. geographical area occupied by the the Critical Habitat for Hudsonia Efforts to develop a habitat species, at the time it is listed, in montana. Tbe Service will prepare a management and monitoring plan are accordance with the provisions of final impact analysis prior to the time of being initiated for the Hudsonia Section 4 of the Act, on which are found final rulemaking. montana populations by the U.S. Forest those physical or biological features (I] Service personnel. Possible measures essential to the conservation of the Effects of This Proposal if Published as a which this plan could incorporate species and (II) which may require Final Rule include: special management considerations or In addition to the effects discussed (a) Regulations restricting climbing, protection: and (ii) specific areas outside above, the effects of-this proposal if campfires, and off-trail hiking on the geographic area occupied by the published as a final rule would include, designated ledges; species at the time it is listed, in but would not necessarily be limited to, (b) Consideration of Hudsonia accordance with the provisions of those mentioned below. requirements in trail maintenance Section 4 of this Act, upon a The Act and implementing regulations operations: determination by the Secretary that such found at 50 CFR 17.61 set forth a series (c) Realignment of trails at locations areas are essential for the conservation of general prohibitions and exceptions where these pose a threat to the plant of the species. which apply to all Endangered plant and implementation of erosion control Section 4(f)(4) of the Act requires, to species. All of those prohibitions and measures at these locations: and the maximum extent practicable that exceptions also apply to any Threatened (d) Monitoring studies to evaluate the any proposal to determine Critical species, excluding seeds of cultivated maintenance and reproduction of Habitat be accompanied by a brief plants treated as Threatened, unless a Hudsonia montana.
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