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

DEPARTMENT OF THE INTEfllOR two centimeters across. The 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 new information to warrant reproposing and the fragile plant communities in montana. Critical Habitat is 50 CFR Part 17 which it occurs are being threatened by being proposed for . 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 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 . 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. description and evaluation of those special rule pertciining to that (2) OverutiIization for commemiai, activities which, in the opinion of the Threatened soecies has been nublished sporting, scientific, or educational Secretary, may adversely modify such and indicates’otherwise. The iegulations purposes. Not applicable to this species. habitat if undertaken, or may be referred to above, which pertain to (3) Disease or predation [including impacted by such designation. Endangered and Threatened plants, are grazing]. Not applicable to this species. Any activity which would result in found at 0 0 17.61 and 17.71, of 50 CFR (41 The inadequacy of existing increased trampling or disturbance of and are summarized below. regulatory mechanisms. During the the fragile areas where Hudsonia With respect to Hudsonia montana, summer of 1979, North Carolina passed montana occurs would adversely modify all prohibitions of Section g(a)(z) of the new legislation to protect its the Critical Habitat. The long-term Act, as implemented by 0 17.71 would Endangered plants. At this time, the solution on how to best protect apply. These prohibitions, in part, would State is in the process of developing a Hudsonia montana may be to greatly make it illegal for any person subject to list of species to be included under that reduce the human traffic in the the jurisdiction of the United States to legislation and Hudsonia montana could itiediate areas where this plant import or export, transport in interstate be protected under the State law in the occurs. In this respect, Critical Habitat or foreign commerce in the course of a future. designation may affect Federal activities commercial activity, or sell or offer for The Forest Service’s regulations as this may require prohibiting the sale this species in interstate or foreign prohibit removing, destroying, or development of new trails in areas commerce. Certain exemptions would damaging any plant that is classified as where the plant occurs, relocating old apply to agents of the Service and State a Threatened, Endangered, rare, or trails, or other steps by the Forest conservation agencies. The Act and unique species (36 CFR Part 2611. These Service. 3 17.72 also provide for the issuance of regulations, however, may be difficult to Critical Habitat for Hudsonia permits to carry out otherwise enforce. The Endangered Species Act montana is being determined to include prohibited activities involving will offer additional protection to this all known populations of this species in Threatened species under certain species. North Carolina. Adjacent suitable circumstances. (5) Other natuml or man-made factors habitat is being included as essential to Section 7(a) of the Act requires all affecting its continued existence. the conservation of the species because Federal agencies to evaluate their Hudsonia montana is an early pioneer it provides an area for natual expansion. actions with respect to Endangered and species and evidence indicates that Modifications of this Critical Habitat Threatened species. Provisions for overtopping by taller shrubs may result ;ifts;ytion may be proposed in the Interagency Cooperation are codified at in the death of the Hudsonia plants. 50 CFR Part 402. If published as a final Removal of these taller shrubs Se&on 4(b)(4) of the Act requires the rule this proposal would require Federal overtopping the Hudsonia should be Service to consider economic and other agencies not nly to insure that activities incorporated into the management plan impacts of specifying a particular area they authorize, fund, or carry out are not for the species. Seedlings have been as Critical Habitat. The Service has likely to jeopardize the continued noted most often in disturbed substrates prepared a draft impact analysis and existance of Hudsonia montana, but so preparation of seed beds perhaps by believes at this time that economic and also to insure that their actions are not fire or other means may also be other impacts of this action are not likely to result in the destruction or necessary. significant in the foreseeable future. As adverse modification of its Critical 33334 Federal Register / Vol. 45, No. 105 / Thursday, May 29, 1980 / Proposed Rules

Habitat which has been determined by c&erning any aspect of these proposed subject: Proposal of Hudsonia montana the Secretary. rules are hereby solicited. Comments to be threatened. In addition, if listed, the Service will particularly are sought concerning: This proposal is being published review the status of this species to, (1) Biological or other relevant data under the authority contained in the determine whether it should be concerning any threat (or the lack Endangered Species Act of 1973. as proposed to the Secretariat of the thereof) to the species included in this amended (16 U.S.C. 1531 et seq.; 87 Stat. Convention on International Trade in proposal: 664). The primary author of this Endangered Species of Wild Fauna and (21 The location of Hudsoniu montuna proposed rule is Ms. E. LaVeme Smith, Flora for placement upon the and the reasons why any of its habitat Washington Office of Endangered appropriate Appendices to that should or should not be determined to Species (703/235-1975). Convention or whether it should be be Critical Habitat as provided for by Literature Cited considered under other appropriate Section 7 of the Act; internatipnal agreements. (3) Additional information concerning Morse, Larry E. 1980. Report on the Conservation Status of Hudsonia montana, the range and distribution of this a Candidate Endangered Species. In: National Environmental Policy Act species; Geographical Data Organization for Rare A draft environmental assessment has (4) Current or planned activities in the Plant Conservation. edited by Larry E. been prepared in conjunction with this subject areas and the probable impacts Morse and.Mary Sue Henifin. The New proposal. It is on file in the Service’s of such activities on the area designated York Botanical Garden, Bronx, N.Y. [In Office of Endangered Species, XMXI as Critical Habitat: and Press). . Morse, L. E. 1979. Systematics and Ecological North Glebe Road. Arlington, Virginia, (5) The foreseeable economic and other impacts of the Critical Habitat Biogeography of the Genus Hudsonia and may be examined by appointment, ().the Sand Heathers. Ph. D. during regular business hours. A designation on Federal activities. dissertation. Harvard University, determination will be made at the time Final promulgation of the rules on Cambridge,Mass. of final rulemaking as to whether this is Hudsonio montana will take into Pennel, F. W. 1936. Travels and scientific a major Federal action which would consideration the comments and any publications of Thomas Nuttall. Bartonia significantly affect the quality of the additional information received by the xKl-51. human environment within the meaning Director, and such communications may Skog, J.T. and N. H. Nickerson. 1972 lead him to adopt final rules that differ Variation and Speciation in the genus of Section 102(2)(C) of the National Hudsonia. Ann. Missouri Botanical Environmental Policy Act of 1969. from this proposaL Gardens 59:454-484. Public Meetings Public Comments Solicited Regulations Promulgation The Service hereby announces that a Accordingly, it is hereby proposed to The Director intends that the rules public meeting will be held on this finally adopted will be as accurate and amend Part 17, Subchapter B of Chapter proposed rule. The public is invited to I, Title 50 of the Code of Federal effective as possible in the conservation attend this meeting and to present of any Endangered or Threatened Regulations, as set forth below. opinions and information on the 1. It is proposed to amend 0 17.12 by species. Therefore, any comments or proposal, Specific information relating suggestions from the public, other adding, in alphabetical order, the to the public meeting is set out below: following to the list of plants: concerned governmental agencies, the Place: 1. Western Piedmont Community scientific community, industry, private College auditorium Morganton. N.C.; 0 17.12 Endangered and threatened interests, or any other interested party date: July 1,198o; time: 7 p.m.; and plmlts.

-0ckmse Family: Hudscuur mwtans .. .._...... Holmtavl glzddenheamer .. .._.-.I...... __...... ~- USA Not81 Carolina . . .. . - ...... _.... T ...... _...._. “.“.__ Yes -...... NA Federal Register / Vol. 45, No. 105 / Thursday, May 29,198O / Proposed Rules 35335

2. Also, the Service proposes to amend 0 17.96[a] by adding the Critical Habitat of Hudsonjo montano after that _. of Erysimum capita&m var. angustatum _ . [Contra Costa wallflower) as follows:’

0 17.96 Critical habitat-plants.

(a) l l l Family Cistaceae: Mountain golden- heather [Hudsonia montana). North Carolina, [Burke County) the area bounded on the west by the 22~10’ contour, and on the east by a line extending from the intersection of the 2200’ contour and the Shortoff Mountain Trail north to the eastern boundary of the Linville Gorge Wilderness; following the bouhdary northward until it intersects the 3400’ contour at “The Chimneys;” then north along the 3400’ contour until it rejoins the Wilderness Boundary: then north to the intersection with the 3200’ contour north of Tablerock Mountain: then westward along the 3200’ contour until the contour turns south. At this point the line extends west until its intersection with the 2200’ contour. :r, t l t l t

Mountain Golden Heather, Burke Co., North carollna

Dated: April 10.1980. Robert S. Cook, Acfing Director, Fish and Wildlife Service. [FR Dot. W-16318 Filed 5-W 84.5 am] elLLlNG CODE 4310-55-M