Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations 44587

81,600 are small entities that may be affected DEPARTMENT OF THE INTERIOR in diameter, and have a peach-to-pink by our rules. color. The fruit is barrel shaped, 0.7 to Fish and Wildlife Service IV. Description of Projected Reporting, 1.0 cm (.3 to .4 in) high and 0.8 to 1.1 cm (.31 to .43 in) wide, dehiscing Recordkeeping, and Other Compliance 50 CFR Part 17 Requirements of the Rules (process of opening) by a vertical slit along the ovary wall. The seeds are This Report and Order eliminates the RIN 1018±AC09 finder’s preference program in the 220–222 shiny black, 3 millimeters (mm) (.12 in) Endangered and Threatened Wildlife MHz, 470–512 MHz, 800 MHz, and 900 MHz long and 2 mm (.08 in) wide (Heil 1979, and Plants; Final Rule To Determine PLMR bands. The administrative Heil et al. 1981; Welsh et al. 1993). the Plant Pediocactus winkleri (Winkler requirements and related costs for filing such Based on the most recent surveys, the finder’s preference requests are eliminated. Cactus) To Be a Threatened Species Service has determined that Pediocactus Therefore, no new requirements are imposed AGENCY: Fish and Wildlife Service, winkleri occurs in four populations that by this action. Interior. total about 20,000 plants (Kass 1997; Fish and Wildlife Service 1994, 1997; D. ACTION: V. Steps Taken by Agency To Minimize Final rule. Clark, Torrey, Utah, personal Significant Economic Impact on Small Entities Consistent With Stated Objectives SUMMARY: The Fish and Wildlife Service communication 1998). The October 6, (Service) determines the plant species 1993, proposed rule to list P. winkleri as This Report and Order eliminates the endangered (58 FR 52059) stated that P. finder’s preference program in the 220–222 Pediocactus winkleri (Winkler cactus), to be a threatened species. P. winkleri is winkleri occurred in 6 populations of MHz band because we have adopted about 3,500 plants. The abundance geographic area licensing and competitive endemic to lower elevations of the Colorado Plateau in south-central Utah. estimate of 3,500 plants given in the bidding in this band. The competitive proposed rule was obtained from Heil bidding and geographic area licensing Four populations of P. winkleri are known. These populations total about (1984). Surveys through 1998, however, framework has been designed to implement have documented about 5,800 Congress’ goal of providing small businesses 20,000 plants that grow on widely individual P. winkleri plants (Fish and and others the opportunity to participate in separated parcels of habitat between 1 Wildlife Service 1997, Kass 1997, D. the provision of spectrum-based services in (2.4 acres (ac)) and 20 (48 ac) hectares Clark, per. comm. 1998). Recent surveys accordance with 47 U.S.C. 309(j)(4)(D). We (ha) in size. This species is threatened in 1994 (Fish and Wildlife Service eliminated the finder’s preference program in by collection and by habitat the 800 MHz and 900 MHz SMR bands when disturbances due to mining, recreation, 1994), 1996 (T. Clark, Capitol Reef we adopted geographic area licensing and and livestock. This determination, that National Park, pers. comm. 1996), 1997 competitive bidding. Therefore, the Report P. winkleri is a threatened species, (Fish and Wildlife Service 1997, Kass and Order is consistent with our objective to implements protection under the 1997), and 1998 (D. Clark, per. comm. promote efficient licensing and enhancement Endangered Species Act of 1973, as 1998) indicate that the species total of the competitive potential of the 220–222 amended. population could reasonably be estimated to be as many as 20,000 plants MHz band and is in accordance with the DATES: This rule is effective September based on the amount of available statutory directives of Section 309(j)(4)(D) of 21, 1998. the Communications Act. The elimination of habitat. Each of the four populations ADDRESSES: The complete file for this contain a number of widely separated the finder’s preference program in the 470– rule is available for inspection, by 512 MHz, 800 MHz, and 900 MHz PLMR sites from 1 ha (2.4 ac) to 20 ha (48 ac) appointment, during normal business bands should not affect small businesses in size. Since the proposed rule was hours at the U.S. Fish and Wildlife because the Commission’s ongoing oversight published, a survey conducted by the Service, Lincoln Plaza, Suite 404, 145 and compliance programs are adequate to Bureau of Land Management (BLM) East 1300 South, Salt Lake City, Utah ensure that unused spectrum is returned and discovered an additional population re-assigned efficiently. Additionally, any 84115. near the town of Ferron in southwest returned channels in these bands may be FOR FURTHER INFORMATION CONTACT: John Emery County, Utah (Fish and Wildlife applied for by PLMR providers, which are L. England at the above address Service 1994). The Service and BLM primarily small businesses. (telephone 801/524–5001). conducted additional surveys of the SUPPLEMENTARY INFORMATION: species’ entire potential habitat on silty VI. Report to Congress soils derived from the Dakota, Mancos, The Commission will send a copy of this Background and Morrison geologic formations. Final Regulatory Flexibility Analysis along Pediocactus winkleri was discovered Additional sites were discovered within with the Report and Order, in a report to in the early 1960’s and described in existing population areas (Fish and Congress pursuant to the SBREFA.10 scientific literature by Heil (1979). The Wildlife Service 1997; D. Clark 1998, Note: This attachment will not appear in plant genus Pediocactus contains eight pers. comm.). The Park Service also the Code of Federal Regulations. species, seven of these are rare reports larger numbers of the cactus [FR Doc. 98–22401 Filed 8–19–98; 8:45 am] endemics of the Colorado Plateau region within Capitol Reef National Park (K. BILLING CODE 6712±01±P of Utah, Colorado, New Mexico, and Heil, pers. comm. 1993; Tom Clark, Arizona (Heil et al. 1981). Capitol Reef National Park, pers. comm. Pediocactus winkleri is a small 1996, 1997; D. Clark, pers. comm 1998). globose (globular) cactus with stems 2.5 The BLM reports larger numbers of the to 6.5 centimeters (cm) (1 to 2.5 inches species from the Last Chance Desert (in)) tall and up to 5 cm (2 in) in population (Wayne Luddington, Bureau diameter. It has clusters of 9 to 11 small of Land Management, Price, Utah, pers. radial spines with dense fine woolly comm. 1997; Fish and Wildlife Service hairs at their base; erect central spines 1997). Service biologists visited these are lacking. The flowers of P. winkleri sites and subsequently reviewed the are urn shaped, 1.8 to 2.5 cm (0.7 to 1 status of all extant populations of P. 10 See 5 U.S.C. § 801(a)(1)(A). in) long and 1.8 to 3.8 cm (0.7 to 1.5 in) winkleri (Fish and Wildlife Service 44588 Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations

1994, 1997). The Service consolidated recognizes P. winkleri as a species species as petitioned, P. winkleri was the five P. winkleri populations in distinct from P. despainii. If these included in the annual warranted but Wayne County, Utah (Heil 1984 and species are later recognized as precluded findings, first published on Neese 1987) into two populations, subspecies, their designations as October 13, 1983. Notom and Hartnet, (Fish and Wildlife threatened and endangered species will In the November 28, 1983, Service 1994) in an effort to be remain valid because section 3(15) of supplemental notice (48 FR 53640), the consistent with the two, more recently the Act allows for the listing of Service changed the status of discovered populations, Last Chance subspecies. Pediocactus winkleri from Category 1 to and Ferron, in Emery County. Category 2 as a result of a careful review Individual Pediocactus winkleri Previous Federal Action of the status information. Category 2 plants are usually situated on the tops Federal actions relating to this species species were taxa for which the Service and sides of rocky hills or benches in began when the Secretary of the had information indicating the Atriplex (saltbush) dominated desert Smithsonian Institution prepared a appropriateness of a proposal to list the shrub communities (Heil 1984). The report on those plants considered to be taxa as endangered or threatened but for species grows in alkaline silty loam or endangered, threatened, or extinct. This which more substantial data were clay loam soils derived primarily from report (House Document No. 94–51) was needed on biological vulnerability and the Dakota formation, the Brushy Basin then presented to Congress on January threats. The Service discontinued use of member of the Morrison formation, and 9, 1975. On July 1, 1975, the Service a category system in the February 28, the Emery sandstone member of the published a notice in the Federal 1996, Federal Register notice (61 FR Mancos formation (Heil 1984, Neese Register (40 FR 27823) formally 7596). 1987, Fish and Wildlife Service 1997). accepting the report as a petition under On September 27, 1985, the Service Three of the four populations of section 4(c)(2) of the Act (petition published a Notice of Review (50 FR Pediocactus winkleri form a narrow arc acceptance is now governed by section 39526) replacing the 1980 notice and its extending from near Notom in central 4(b)(3) of the Act), and acknowledging 1983 supplement. This Notice of Review Wayne County to the vicinity of Last its intention to review the status of included Pediocactus winkleri as a Chance Creek in southwestern Emery those plants. Pediocactus winkleri was Category 1 species, a change resulting County, Utah. The fourth is a disjunct not included in the 1975 notice but was from a status survey for P. winkleri (Heil population occurring near Ferron, Utah, included as a new candidate species in 1984), which documented the in western Emery County. Most of these the Federal Register notice of December vulnerability and threats to this species. populations occur in widely scattered 15, 1980 (45 FR 82480). The 1980 notice The Service published Notices of patches in a range about 58 kilometers included P. winkleri as a Category 1 Review on February 21, 1990 (55 FR (km) (36 miles (mi)) long and about 0.5 species. Category 1 species were those 6184) and September 27, 1993 (58 FR km (0.3 mi) wide. About two thirds of taxa for which the Service had on file 51144), which retained P. winkleri as a the population occurs on lands managed substantial information on the biological Category 1 species. The Service’s by the BLM east and north of the Capitol vulnerability and threats to support proposal to list P. winkleri as Reef National Park boundary. The proposing them as endangered or endangered on October 6, 1993 (58 FR remainder of the plants are found threatened species. 52059), constituted the warranted 12- within the Park. Section 4(b)(3)(B) of the 1982 month petition finding for this species. The range of Pediocactus winkleri amendments to the Act required the During the public comment period on converges upon populations of the Secretary of the Interior to make a the 1993 proposal, the Service received listed endangered cactus P. despainii finding within 1 year of receiving a substantive comments on information (San Rafael cactus). P. despainii and P. listing petition as to whether the listing contained in the proposal regarding the winkleri are described as separate is warranted, warranted but precluded threats to and population numbers of P. species in all taxonomic treatments by other pending proposals of higher winkleri. Since that time, the Service involving those species in regional priority, or not warranted. In this case has made efforts through additional floras (Welsh et al. 1993) and in a ‘‘warranted but precluded’’ finding surveys to obtain the best available monographs of the genus (Heil et al. was made. This category requires a scientific information in making the 1981; K. Heil, San Juan College, finding each year thereafter until the decision to list P. winkleri. The Service Farmington, New Mexico, pers. comm. petitioned taxa are either proposed for believes this final rule is an accurate 1994, 1998). Recent cytotaxonomic listing or a final ‘‘not warranted’’ assessment of the population numbers research demonstrates that typical P. finding is made. and threats faced by this species. In winkleri from the Notom population is Section 2(b)(1) of the 1982 order to obtain and incorporate any new genetically different from typical P. amendments further required that all scientific information into this final despainii from the San Rafael Swell (M. petitions pending as of October 13, determination for P. winkleri, and due Porter, Rancho Santa Ana Botanic 1982, be treated as having been newly to new information on the species range Garden, Claremont, California, pers. submitted on that date. To facilitate and abundance obtained by the Service comm. 1998). However, the two species making the necessary annual since the comment period closed on are phylogenetically related, and it has ‘‘warranted but precluded’’ findings on December 6, 1993 (58 FR 52059), the been suggested (Kass 1990) that they be several plant taxa, the Service made an Service reopened the public comment treated as varieties (i.e. subspecies) of P. administrative decision to treat all the period for 30 days on June 22, 1998 (63 winkleri, the first of the two species to plant candidates in Category 1 and FR 33901). be described (Heil 1979; Welsh & Category 2 at that time as if their listings The Service published Listing Priority Goodrich 1980). Occasional plants had been petitioned on October 13, Guidance for Fiscal Years 1998 and within the northern portion of the Last 1982. This included species such as 1999 on May 8, 1998 (63 FR 25502). The Chance population bear characteristics Pediocactus winkleri which was guidance clarifies the order in which the intermediate between P. winkleri and P. included as a candidate in the 1980 Service will process rulemakings giving despainii. The two species are, however, Notice of Review but was never the highest priority (Tier 1) to processing morphologically distinct and subject of a petition. As a result of the emergency rules to add species to the geographically separated. The Service administrative decision to treat these Lists of Endangered and Threatened Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations 44589

Wildlife and Plants (Lists); second needed to establish a more accurate taxonomically distinct (M. Porter, pers. priority (Tier 2) to processing final species population number. comm. 1998). determinations on proposals to add Service Response: From the close of Issue 3: Recreational off-road vehicle species to the Lists, processing new the initial 1993 comment period on (ORV) use is not affecting all proposals to add species to the Lists, December 6, 1993, several additional populations of Pediocactus winkleri. processing administrative findings on surveys and studies were conducted The heaviest ORV use in the Notom area petitions (to add species to the Lists, (Fish and Wildlife Service 1994; 1997; occurs outside the species’ occupied delist species, or reclassify listed Kass 1997; D. Clark, pers. comm. 1998). habitat. The Hartnet site is located species), and processing a limited As described above in the within Capitol Reef National Park where number of proposed or final rules to ‘‘Background’’ section, these surveys no ORV use is occurring. P. winkerli’s delist or reclassify species; and third documented a larger population than characteristic of shrinking underground priority (Tier 3) to processing proposed was known in 1993 and give a better during its vegetative stage naturally or final rules designating critical habitat. understanding of the natural and human protects the species and it is only Processing of this proposed rule is a caused impacts to the species. Surveys vulnerable during its spring flowering Tier 2 action. through 1998 have documented actual period. The BLM has restricted ORV use numbers of Pediocactus winkleri plants in the Price Resource Area within P. Summary of Comments and at about 5,800 (Fish and Wildlife winkleri habitat. Recommendations Service 1997, Kass 1997, D. Clark, per. Service Response: ORV’s are affecting In the October 6, 1993, proposed rule comm. 1998). Based on these most all of the species’ populations to some and associated notifications, and the recent surveys, the Service concurs with degree, with the exception of the Last June 22, 1998, notice, all interested estimates by the BLM that P. winkleri Chance population where no ORV use parties were requested to submit factual occurs in four populations with a total occurs. Locally heavy use occurs with reports or information that might number of approximately 20,000 plants, observed adverse impacts in the Ferron contribute to the development of a final which results from acceptable population. Although ORV use does not rule. Appropriate Federal and State extrapolation of direct survey counts occur in that portion of the Harnet agencies, county governments, scientific (Kass 1997; Fish and Wildlife Service population contained within Capitol organizations, and other interested 1994, 1997; D. Clark, pers. comm. 1998). Reef National Park, the remainder of parties were contacted and were Issue 2: The Service should resolve this population occurs on BLM land and requested to comment. Newspaper the taxonomic relationship between is subject to ORV use. Occupied notices requesting public comments Pediocactus despainii and P. winkleri Pediocactus winkleri habitat within the were published in The Salt Lake before final listing. Distinguishing BLM portion of the Hartnet population Tribune and the Deseret News on between the two species in wild experiences frequent ORV spillover November 4, 1993, and the Emery populations is difficult. from the adjacent Dry Wash area where Service Response: Pediocactus heavy ORV use occurs. The Service County Progress on November 2, 1993. despainii and P. winkleri are currently agrees that the heaviest ORV use occurs In accordance with the Services’ peer considered separate species in all outside of occupied habitat in the review policy published on July 1, 1994 taxonomic treatments involving those Notom area, however, this population (59 FR 34270), the Service solicited the species in regional floras (Welsh et al. also experiences frequent ORV spillover expert opinions of three botanists 1993) and in monographic treatments of use (K. Heil, pers. comm. 1993; Fish and regarding information contained in the the genus (Heil et al. 1981; K. Heil, pers. Wildlife Service 1994, 1997; Wayne proposed rule and new information comm. 1994, 1998). However, the two Luddington, Bureau of Land obtained following the proposal on the species are phylogenetically related, and Management, Price, Utah, pers. comm. species status. The three reviewers it has been suggested (Kass 1990) that 1996, 1997). The BLM ORV restrictions chosen are associated with colleges and they be treated as varieties of P. in the Price Resource Area are for and universities and are considered experts winkleri, the first of the two species to within populations of P. despainii, a on the species. All three reviewers be described (Heil 1979; Welsh & listed endangered species, not P. responded and concurred with the Goodrich 1980). Plant taxonomists winkleri. Regarding the characterisic of Service’s assessment of the threats working specifically on this genus have the species to shrink underground see facing this species. no information, at this time, which discussion under Factor A. During the comment period the would warrant an alternative taxonomic Issue 4: Livestock trampling is a Service received a total of twelve treatment (Welsh et al. 1993; K. Heil, minimal and decreasing threat to comment letters which are addressed in pers. comm. 1994, 1998; M. Porter, pers. Pediocactus winkleri. The BLM has the following summary. Pertinent comm. 1994, 1998). reduced livestock grazing levels in all P. information received during the The two species are morphologically winkleri habitat, in some cases to less comment period has been incorporated distinct and geographically separated as than 20% of previous levels. into this final rule. discussed above in the above Service Response: The Service is Issue 1: Botanical surveys by Neese ‘‘Background’’ section. Pediocactus aware of adverse impacts to this cactus (1987), Heil (1987), and Kass (1990), winkleri has uniformly smaller seeds from livestock trampling. Recent survey while in or near the habitat of than P. despainii. P. winkleri areoles and habitat monitoring information Pediocactus winkleri, had objectives (the basal structure at the tip of stem show that livestock trampling continues other than a specific inventory for P. tubercles which forms the base from to kill Pediocactus winkleri plants (K. winkleri. The population of P. winkleri which the spines arise) are wooly with Heil, pers. comm. 1993; Fish and may be greater than 3,500 as stated in dense villous hairs. P. despainii areoles Wildlife Service 1994, 1997). This the proposed rule, which was are naked except for its spines. These species is poorly adapted to the impacts apparently based on the Heil (1984) facts strongly suggest the current of large, sharp-hoofed ungulates, and status report for P. winkleri. The Heil taxonomic classification is accurate (K. plants are easily dislodged and killed by status report does not document how Heil, pers. comm. 1993). Recent domestic livestock herds moving the species population of 3,500 was cytotaxonomic research indicates that through its habitat. This trampling arrived at. Additional inventory is the P. winkleri and P. despainii are impact is most damaging during periods 44590 Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations when the soil surface is wet. These plants primarily from collection. In should be held. This was the only conditions occur most commonly 1984 the Service established a request for a public hearing and the during mild winter and early spring monitoring transect in the Notom request was not received during the days when livestock grazing is most population of Pediocactus winkleri in an specified open comment period. intense in the species’ desert range easily accessible area that cactus As stated previously, immediately habitat. Most of the reduction in collectors frequent (Fish and Wildlife after publication of the proposed rule on livestock grazing within Capitol Reef Service 1994, 1997). The Service has October 6, 1993, the Service contacted National Park occurred in the southern periodically monitored this transect, all known interested parties (i.e., portions of the Park outside the species’ usually at 2-year intervals. The P. Federal and State agencies, county range. However, the Service winkleri population along this transect governments, scientific organizations, acknowledges that this threat is declined from 53 plants in 1984 to zero and others), and comments were decreasing and is, at present and by plants in 1997. Overall the population solicited from them. In addition, itself, a low level chronic threat, not a in the immediate vicinity of the newspaper notices requesting public high level acute threat. monitoring transect declined from 387 comments were published (between Issue 5: Mining and mining claim individuals in 1994 to 221 in 1997 (Fish November 2 and 4, 1993) in three assessment work for gypsum and and Wildlife Service 1997). The Service newspapers that cover the potentially uranium is a minimal and decreasing feels that this loss of plants is primarily affected area. Thus, the Service believes threat to Pediocactus winkleri. Known attributed to collection, however, other that adequate time was given to receive occurrences of gypsum in the vicinity of factors including the characteristic of requests for public hearings. P. winkleri populations occur in the this species to remain underground The Service specified that public Carmel Formation which is not habitat during dry years may have contributed hearing requests must be received by for the species. Development of known to a higher estimate of plant loss then November 23, 1993, and no such request occurrences of uranium have only a has really occurred. The spring 1998 was received by that date. However, at slight potential to affect the species. survey estimated the entire Notom the request of Emery County, a Current low prices for uranium ore are population at about 4,000 individuals. representative of the Service met with expected to decrease interest in The Service, during its 1997 survey of county officials to explain the Service’s prospecting and mining claim the Notom population, discovered 27 rationale for proposing to list the assessment work within the range of the shovel marks within the occupied species, and to receive the County’s species. Changes in regulations affecting habitat of this species. These marks comments. The Emery County mining claim assessment activities are were at the locations of plants last commissioners were concerned that the expected to decrease surface observed in 1994 and missing in 1997, listing of Pediocactus winkleri would disturbance associated with mining and are obviously the remains of an interfere with the economic activities of claim assessment work. effort to exploit this horticulturally grazing and mining within their County. Service Response: The Service has desirable species. Most field collected These concerns were also expressed in noted the above comment and has cacti, however, are collected using writing. The Service recognizes that revised the final rule appropriately. The smaller garden trowels, and potential restrictions in land use to recent development of a mine for high consequently excavation scars are protect this cactus could limit some quality, cosmetic grade bentonite clay is usually not noticeable after a few future mining development plans and adversely affecting the species in the months. livestock grazing activities on Federal Last Chance Desert (Fish and Wildlife Issue 7: The BLM has the ability to lands within the species’ range. P. Service 1994, 1997). Mining claims manage for the conservation of winkleri has a limited distribution and cover the entire Last Chance Desert candidate species on lands under their therefore widespread restrictions on population of Pediocactus winkleri. Oil jurisdiction and can control collection these activities on public lands in and gas activity is directly affecting the of the species. Emery and Wayne counties is not Ferron population. A portion of this Service Response: Collection of anticipated. The Service reopened the population was lost to a gas well. A desirable small rare cacti is a difficult public comment period again on June portion of the Hartnet population is in action to detect and to control. The 22, 1998. The second comment period an oil and gas lease area. recognition and protection offered a closed on July 22, 1998. The Service Issue 6: A commenter questioned listed species under the Act focuses received four comments during the whether or not the Notom Pediocactus resources for its preservation and reopened comment period and has winkleri population has experienced an recovery, and reinforces the actions of incorporated new information provided 80 percent loss of its individuals to the BLM and other Federal agencies during the comment period in this collectors. Another commenter through sections 7 and 9 of the Act for finding. questioned a statement in the June 22, conservation of the species. The listing Issue 9: The BLM believes that threats 1998, notice reopening the comment of species under the Act focuses the to the species have not been adequately period that the FWS estimation of the management actions of all Federal quantified, have lessened since the population size at Notom has declined agencies to provide active conservation proposed rule was published, and that from about 2,000 individuals in 1984 to and protection for listed species and species’ protection under a conservation an estimated 700 individuals in 1997. provides opportunities for States to agreement would be more appropriate Service Response: In the 1993 assist in plant conservation under than listing. proposal, the Service estimated that Section 6 of the Act. Service Response: Threats to the about 80 percent of the plants in the Issue 8: People living in an area where species continue unabated since the Notom area were taken by plant endangered species are proposed for proposed rule was published in October collectors over the last 10 years. The listing should be informed in time to be 1993. Evidence of take was documented Service has revised this final rule to able to comment and to hold public not only at a specific transect which has indicate that only the portion of the hearings. been monitored since 1984, but also Notom population in the area of the Service Response: One commenter from site visits where photographs of monitoring transect has undergone a requested a 2- to 3-year comment period cattle trampling, collecting, and ORV significant reduction in numbers of and also requested that a public hearing loss were documented. These losses are Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations 44591 not natural losses which could be Pediocactus winkleri make the species 1993; Fish and Wildlife Service 1994, expected to occur but losses which highly vulnerable to human-caused 1997). The Service believes grazing and could be prevented through stricter habitat disturbances. ORV activity, trampling impacts are, for the most part, regulation and enforcement activities. mineral development, road and utility more chronic than acute and rarely The Service commends the BLM for corridor development, and livestock impact more than one percent of the initiating the ‘‘Pediocactus winkleri and trampling have adversely affected this population each year. Individuals lost Pediocactus despainii Conservation species (Heil 1984, 1987; Heil, pers. due to livestock trampling probably Agreement and Strategy’’ and for its comm. 1993; Neese 1987; Fish and could be replaced by natural anticipated future implementation. The Wildlife Service 1994, 1997). This recruitment from the populations’ seed proposed agreement contains strategies species is especially vulnerable during bank. However, cumulative impacts which, if implemented over time, would the spring flowering period when from collecting, localized ORV assist in the recovery of both species of seasonally moist soils make it destruction, and natural losses from cactus. However, the agreement is in susceptible to damage and mortality disease and parasitism are at sufficient draft form and is not signed. As such, from surface disturbance of its habitat. levels in some portion of the species’ the Service is not able to consider the The species is easily dislodged by range (i.e. Notom and Ferron effectiveness of this agreement in domestic livestock and ORV’s during populations) that population viability is reducing or eliminating the threats to periods when the soil is wet. ORV use impaired. this species in the future as part of the and livestock grazing are most intense The habitat of Pediocactus winkleri decision to list. during the mild spring season when the contains bentonite clay, oil and gas and Copies of the listing proposal were species is most vulnerable to habitat some uranium ore deposits. The provided to three professional botanists disturbance. During periods of drought, development of these mineral and with research experience with rare flora these cacti do not protrude above petroleum deposits and surface including Pediocactus winkleri. The ground level, thus rendering them less disturbance by annual assessment work supplemental population information susceptible to livestock trampling and has directly affected the species. provided by BLM was also forwarded damage by ORV activity. However, the Currently, oil and gas field development for their review. The three reviewers species forms flower buds in the activities are impacting the Ferron continue to support listing due to autumn that persist over winter (Heil et population. This activity has destroyed continued threats to the species. al. 1981). These flowering buds at the individual plants and occupied habitat. The Service does not believe that the ground surface level are very vulnerable Over eighty percent of the area occupied larger numbers of Pediocactus winkleri to surface disturbance. by the Ferron population is leased for found in BLM’s most recent data is a A considerable portion of the habitat oil and gas (Fish and Wildlife Service function of reduced threat, but instead of this species, as well as individual 1997). In addition, bentonite clay is a function of the increased effort put plants, are being damaged by ORV mining has impacted the Last Chance forth to find individual plants. Most activity (Heil 1984, Neese 1987; Fish population by destroying individual surveys up until this year were and Wildlife Service 1994, 1997). At the plants and occupied habitat (W. conducted by one or two individuals northern and southern limits of the Luddington, pers. comm. 1994, 1996, with limited resources. More recent species’ range, occupied Pediocactus and 1997). Much of the Last Chance BLM surveys were conducted by four or winkleri habitat, located on sparsely population is in areas with registered more individuals over a period of vegetated slopes in readily accessible mining claims (Fish and Wildlife several weeks. areas, is adjacent to heavily used ORV Service 1997). The transfer of mining Even though the increased surveys recreational areas, and is being claim patents from the Public domain to resulted in increased numbers of impacted by ORV activity. Except for private ownership is not affected by the Pediocactus winkleri, the threats to the habitat within Capitol Reef National Act. Unauthorized utility and road species have not diminished to the Park and the Last Chance population on development within the species’ Notom point that the species does not need BLM lands, the remaining habitat of P. population caused individual plant protection under the Act. The Service winkleri is experiencing similar but mortality and habitat degradation in therefore believes listing as threatened lesser impacts from ORV activity (Fish 1995 and remains a potential threat to is justified as described in the following and Wildlife Service 1997). Hard-tired the species (Fish and Wildlife Service sections. ORVs such as motorcycles and four 1997). wheel drive trucks and other highway B. Over-utilization for commercial, Summary of Factors Affecting the vehicles are most damaging to the recreational, scientific, or educational Species species. These hard-tired vehicles can purposes. Pediocactus winkleri is an After a thorough review of all cause damage and mortality even when attractive small cactus, especially when available information, the Service has the plant is dormant. Increased erosion it is in flower. Although difficult to determined that Pediocactus winkleri as a consequence of ORV’s damaging the cultivate in most horticultural settings, should be listed as a threatened species. natural desert pavement and this rare plant is highly desired in Procedures found in section 4(a)(1) of cryptogamic crust potentially increases cactus collections and gardens and has the Act and regulations implementing the species’ exposure to losses from been sought by both hobby and the listing provisions of the Act (50 CFR extreme weather events which occur in commercial cactus collectors part 424) were followed. A species may the area. (Hochsta¨tter 1990, Heil 1984, Heil, pers. be determined to be an endangered or Livestock trampling has affected every comm. 1993, 1998). The fact that this threatened species due to one or more population of this cactus including species is difficult to maintain in garden of the five factors described in Section those in Capitol Reef National Park (the settings stimulates a continual demand 4(a)(1). These factors and their Park is not closed to livestock grazing). for replacement plants as cultivated application to P. winkleri are as follows: According to the BLM, livestock use in garden and greenhouse plants die. A. The present or threatened areas of Pediocactus winkleri habitat has Cactus collectors are active in the destruction, modification, or decreased in recent years, but the Colorado Plateau, going from the habitat curtailment of its habitat or range. The impacts of trampling to some of one species of Pediocactus to the next small, restricted populations of populations continue (Heil, pers. comm. to collect a complete set of the genus 44592 Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations

(Heil, pers. comm. 1994; Fish and in Capitol Reef National Park. The Utah preparation of a managment plan. Wildlife Service 1994, 1997). A portion Forest Products Act requires proof of Because of new information indicating a of the Notom population of P. winkleri ownership to harvest or transport native relatively larger population of P. has been severely reduced primarily vegetation from State, private, and winkleri, and the expected from losses to plant collectors (Heil Federal wildlands in Utah. Listing of P. implementation of a Conservation 1984 and U.S. Fish and Wildlife Service winkleri would also provide for greater Agreement and Strategy aimed at 1997) (Also discussed under Issue 6). In statutory protection and a more reducing and eliminating threats to P. addition to the Notom population, the stringent penalty for take. Therefore, a winkleri, threatened status is a more Hartnet and Ferron populations are greater deterrent for taking the species accurate assessment of the current highly vulnerable to specimen would be established. condition of this species. For the collecting due to their ease of access and The species is listed in Appendix I of reasons given below, it is not prudent to their being known to cactus collectors The Convention of International Trade designate critical habitat at this time. (Heil 1984, and Fish and Wildlife in Endangered Species of Wild Fauna Critical Habitat Service 1994, 1997). and Flora (CITES). CITES import and C. Disease or predation. Because of its export permits are generally required for Critical habitat is defined in section small size and the shortness of its international trade in Appendix I 3(5)(A) of the Act as: (i) the specific spines, this species of cactus is less species, and permits are not allowed for areas within the geographical area protected from animals than other, more commercial shipments. The small size occupied by a species, at the time it is spiny species. The effects of livestock of these species makes them easy to listed in accordance with the Act, on grazing on desert vegetation may hide and therefore hard to detect in which are found those physical or produce indirect impacts on international commerce. biological features (I) essential to the Pediocactus winkleri populations. The E. Other natural or manmade factors conservation of the species and (II) that desert range of P. winkleri had very affecting its continued existence. may require special management sparse use by large, wild ungulates prior Pediocactus winkleri is restricted to a considerations or protection; and (ii) to the introduction of domestic limited geographic area with scattered, specific areas outside the geographical livestock. Livestock grazing has caused isolated occurrences and relatively low area occupied by a species at the time changes in the floristic composition of population numbers per occurrence, it is listed, upon a determination that the species’ desert ecosystem with the which render this cactus vulnerable to such areas are essential for the introduction of weeds. These human disturbances. These additional conservation of the species. introduced weeds have the potential to stresses to the plant may exacerbate ‘‘Conservation’’ means the use of all outcompete over the long term, and to natural disturbances to populations of methods and procedures that are eventually reduce or displace native this species. necessary to bring the species to the species, including P. winkleri. The The Service has carefully assessed the point at which the measures provided effects of livestock trampling are best scientific and commercial pursuant to the Act are no longer discussed in Factor ‘‘A’’ above. This information available regarding the past, necessary. species is also susceptible to natural present, and future threats faced by this Section 4(a)(3) of the Act, as infestations of beetle larvae which will species in determining to make this rule amended, and implementing regulations kill an individual within two years of final. As described under the Act, a (50 CFR 424.12(a)) require that, to the initial infestation (Fish and Wildlife species should be found to be maximum extent prudent and Service 1994). endangered if the species is in danger of determinable, the Secretary designate D. The inadequacy of existing becoming extinct throughout all or a critical habitat concurrently with regulatory mechanisms. There are no significant portion of its range. The term determining a species to be endangered Federal or State laws or regulations threatened is defined as likely to or threatened. The Service finds that directly protecting Pediocactus winkleri become endangered within the designation of critical habitat is not or its habitat. The National Park Service foreseeable future throughout all or a prudent for this species at this time. (NPS) restricts, and in most cases significant portion of its range. In the Service regulations (50 CFR forbids, the collection of plants and proposed rule, Pediocactus winkleri was 424.12(a)(1)) state that designation of plant materials from National Parks. The proposed to be listed as an endangered critical habitat is not prudent when one BLM Manual 6840 (Special Status species. With the new information or both of the following situations exist: Species Management) states that ‘‘The collected on this species since the (i) The species is threatened by taking BLM shall carry out management, proposed rule the Service has found that or other human activity, and consistent with multiple use, for the the population numbers are larger than identification of critical habitat can be conservation of candidate species and previously estimated. Based on a expected to increase the degree of such their habitats and shall ensure that reevaluation of the population numbers threat to the species, or (ii) such actions authorized, funded, or carried and threats, the preferred action is to list designation of critical habitat would not out do not contribute to the need to list P. winkleri as threatened. Collection has be beneficial to the species. any of these species as Threatened or been documented in a portion of the As noted under Factor B in the Endangered.’’ The BLM has the Notom population to significantly lower ‘‘Summary of Factors Affecting the authority to control the removal of its numbers and is considered a primary Species’’, Pediocactus winkleri is vegetative materials from Federal lands threat to the Hartnet and Ferron threatened by collection, an activity under its management and presently population. Surface disturbances are difficult to prevent. The listing of requires a permit to collect plant impacting the ecosystem in which the species as endangered or threatened species. Current BLM policy is to species occurs and may increase in the publicizes their rarity and may make require a permit to collect any cactus future, especially from recreational ORV them more susceptible to collection. from the habitat area of P. winkleri. use. However, in an effort to eliminate The publication of precise maps and However, this species has populations soil compaction and plant destruction, descriptions of critical habitat would that are scattered over remote country, the draft BLM Conservation Agreement make P. winkleri more vulnerable to thus making protection from and Strategy will restrict ORV use to collection. Precise maps could also unauthorized collecting difficult, even existing roads and trails through the threaten more remote areas of P. Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations 44593 winkleri habitat, currently not subject to might be gained from identifying areas possession the species from areas under collection, by providing specific in need of special protection. The Federal jurisdiction. In addition, for location information to cactus Service feels that recovery of the species plants listed as endangered, the Act collectors. The Service feels that will be accomplished more effectively prohibits the malicious damage or publication of precise maps for this with the current coordination process destruction on areas under Federal species along with this final listing rule that the Service has established with the jurisdiction and the removal, cutting, would put this species at greater risk of BLM and NPS. digging up, or damaging or destroying of collection by cactus enthusiasts given such plants in knowing violation of any Available Conservation Measures the well documented history of previous State law or regulation, including State collections. Conservation measures provided to criminal trespass law. Section 4(d) Critical habitat designation, by species listed as endangered or allows for the provision of such definition, directly affects only Federal threatened under the Act include protection to threatened species through agency actions. P. winkleri occurs recognition, recovery actions, regulation. This protection may apply to entirely on lands under Federal (BLM requirements for Federal protection, and this species in the future if regulations and NPS) management. Federal actions prohibitions against certain practices. are promulgated. Seeds from cultivated that might affect this species and its Recognition through listing results in specimens of threatened plants are habitat include activities such as public awareness and conservation exempt from these prohibitions mining, grazing, and ORV use. Such actions by Federal, State, and local provided that a statement of ‘‘cultivated activities would be subject to review agencies, private organizations, and origin’’ appears on their containers. under section 7(a)(2) of the Act, whether individuals. The Act provides for Certain exceptions to the prohibitions or not critical habitat was designated. possible land acquisition and apply to agents of the Service and State Section 7(a)(2) requires Federal agencies cooperation with the States and requires conservation agencies. to ensure that activities they authorize, that recovery actions be carried out for The Act and 50 CFR 17.72 also fund, or carry out are not likely to all listed species. The protection provide for the issuance of permits to jeopardize the continued existence of a required of Federal agencies and the carry out otherwise prohibited activities listed species or to destroy or adversely prohibitions against certain activities involving threatened plants under modify its critical habitat. Federal involving listed plants are discussed, in certain circumstances. Such permits are actions satisfying the standard for part, below. available for scientific purposes and to adverse modification are nearly always Section 7(a) of the Act, as amended, enhance the propagation or survival of found to also jeopardize the species requires Federal agencies to evaluate the species. For threatened plants, concerned, and the existence of critical their actions with respect to any species permits also are available for botanical habitat designation does not materially that is proposed or listed as endangered or horticultural exhibition, educational affect the outcome of consultation. The or threatened and with respect to its purposes, or special purposes consistent Service recognizes that there may be critical habitat, if any is being with the purposes of the Act. It is some benefit in designating critical designated. Regulations implementing anticipated that permits will be sought habitat for highly endangered species this interagency cooperation provision for cultivated specimens, which are whose survival and recovery depend of the Act are codified at 50 CFR part currently available through domestic upon expansion of range and numbers 402. Section 7(a)(2) requires Federal and international nurseries. Requests for into currently unoccupied habitat. agencies to insure that activities they copies of the regulations regarding listed However, this is not the case for P. authorize, fund, or carry out are not species and inquiries about prohibitions winkleri which is being listed as likely to jeopardize the continued and permits may be addressed to the threatened and does not require existence of the species or to destroy or Regional Director, U.S. Fish and unoccupied habitat for its survival or adversely modify its critical habitat. If a Wildlife Service, P.O. Box 25486, recovery. Habitat protection for P. Federal action may affect a listed Denver Federal Center, Denver, winkleri can be accomplished through species or its critical habitat, the Colorado 80225; telephone number 303– the section 7 jeopardy standard and responsible Federal agency must enter 236–7398; facsimile number 303–236– there would be no benefit from into formal consultation with the 0027. Information collections associated designating critical habitat for this Service. with these permits are approved under species. Pediocactus winkleri occurs on the Paperwork Reduction Act, 44 U.S.C. Both the BLM and NPS are actively Federal lands managed by the BLM and 3501 et seq., and assigned Office of involved in the management and the NPS. Both of these Federal agencies Management and Budget clearance monitoring of Pediocactus winkleri and are responsible for insuring that all number 1018–6649. For additional are aware of the threats facing this activities and actions on lands that they information concerning these permits species. BLM has drafted a Conservation manage are not likely to jeopardize the and associated requirements, see 50 CFR Agreement, with the assistance of the continued existence of P. winkleri. 17.72. NPS and other partners, aimed at The Act and its implementing On July 29, 1983, Pediocactus reducing and eliminating identified regulations set forth a series of general winkleri was included in Appendix I of threats to P. winkleri. Designation of prohibitions and exceptions that apply CITES. Appendix I species generally critical habitat would not increase the to all threatened plants. All trade require both an export and import commitment or management efforts of prohibitions of section 9(a)(2) of the Act, permit before international shipment of the BLM or NPS. The Service believes implemented by 50 CFR 17.61 apply. this species can occur. Such shipment is that protection of P. winkleri will be These prohibitions, in part, make it strictly regulated by CITES party nations better addressed through the recovery illegal for any person subject to the to prevent effects that may be process and through section 7(a)(2) of jurisdiction of the United States to detrimental to the species’ survival. the Act, as amended. import or export, transport in interstate Generally, the import or export of an The Service finds that the designation or foreign commerce in the course of a Appendix I species cannot be allowed if of critical habitat is not prudent because commercial activity, sell or offer for sale it is for primarily commercial purposes. of the increase of threat from collection this species in interstate or foreign If plants are certified as artificially which far outweighs any benefit that commerce, or to remove and reduce to propagated, however, international 44594 Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations shipment requires only export (3) Use of herbicides or pesticides in additional information concerning documents under CITES, and violation of label restrictions. permit and associated requirements for commercial shipments may be allowed. Other activities not identified above threatened species, see 50 CFR 17.32. will be reviewed on a case-by-case basis It is the policy of the Service, References Cited published in the Federal Register on to determine if a violation of section 9 July 1, 1994 (59 FR 34272), to identify of the Act may be likely to result from A complete list of all references cited to the maximum extent practicable at such activity. The Service does not herein is available upon request from the time a species is listed those consider these lists to be exhaustive and the Salt Lake City, Utah, Field Office activities that would or would not provides them as information to the (see ADDRESSES section). public. constitute a violation of section 9 of the Authors Act. The intent of this policy is to Anyone interested in determining increase public awareness of the effect whether a particular activity would The primary author of this document of this listing on proposed and ongoing constitute a prohibited act under section is John L. England, botanist (see activities within the species’ range. The 9(a)(2) should contact the Service’s ADDRESSES above). Field Supervisor in Salt Lake City (see Service believes the following actions List of Subjects in 50 CFR Part 17 would not be likely to result in a ADDRESSES section). violation of section 9: National Environmental Policy Act Endangered and threatened species, Exports, Imports, Reporting and (1) Activities authorized, funded, or The Service has determined that recordkeeping requirements, carried out by Federal agencies (e.g., Environmental Assessments and Transportation. grazing, ORV activity, mining) when Environmental Impact Statements, as such activity is conducted in defined under the authority of the Regulation Promulgation accordance with any reasonable and National Environmental Policy Act of PART 17Ð[AMENDED] prudent measures given by the Service 1969, need not be prepared in in a consultation conducted under connection with regulations adopted Accordingly, the Service amends part section 7 of the Act; pursuant to section 4(a) of the Act. A 17, Subchapter B of Chapter I, title 50 (2) Casual, dispersed human activities notice outlining the Service’s reasons of the Code of Federal Regulations, as on foot (e.g., sight seeing, photography, for this determination was published in set forth below: hiking). the Federal Register on October 25, 1. The authority citation for Part 17 The Service believes that the 1983 (49 FR 49244). continues to read as follows: following activities would likely result Paperwork Reduction Act Authority: 16 U.S.C. 1361–1407; 16 U.S.C. in a violation of section 9: This rule does not contain any new 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– (1) Unauthorized collection and collections of information other than 625, 100 Stat. 3500, unless otherwise noted. knowingly damaging Pediocactus those already approved under the 2. Amend § 17.12(h) by adding the winkleri plants; Paperwork Reduction Act, 44 U.S.C. following, in alphabetical order under (2) Interstate or foreign commerce and 3501 et seq., and assigned Office of FLOWERING PLANTS, to the List of import/export without previously Management and Budget clearance Endangered and Threatened Plants to obtaining an appropriate permit. number 1018–0094. An agency may not read as follows: Permits to conduct activities are conduct or sponsor, and a person is not available for purposes of scientific required to respond to a collection of § 17.12 Endangered and threatened plants. research and enhancement of information, unless it displays a * * * * * propagation or survival of the species. currently valid control number. For (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Pediocactus winkleri Winkler cactus ...... U.S.A. (UT) ...... Cactaceae ...... T 641 NA NA

******* Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / Rules and Regulations 44595

Dated: August 13, 1998. Comments and Responses 2. In § 654.3, paragraph (d) is revised Jamie Rappaport Clark, Two public comments were received to read as follows. Director, Fish and Wildlife Service. on Amendment 6 and/or the proposed § 654.3 Relation to other laws. [FR Doc. 98–22448 Filed 8–19–98; 8:45 am] rule. The U.S. Fish and Wildlife Service * * * * * BILLING CODE 4310±55±P submitted comments supporting (d) Under Amendment 6 to the Amendment 6. Comments from the U.S. Fishery Management Plan for the Stone Coast Guard concluded that there were Crab Fishery of the Gulf of Mexico, no vessel safety or enforcement DEPARTMENT OF COMMERCE there is a temporary moratorium on the concerns. NMFS concurs with these issuance by the Regional Director of comments. The proposed rule has been National Oceanic and Atmospheric Federal identification numbers and adopted as final without change. Administration color codes for vessels and gear in the 50 CFR Part 654 Classification stone crab fishery in the management The Administrator, Southeast Region, area. The moratorium will end not later [Docket No. 980501114±8213±02; I.D. NMFS, with the concurrence of the than June 30, 2002. During the 041698G] Assistant Administrator for Fisheries, moratorium, fishermen must obtain identification numbers and color codes RIN 0648±AK48 NOAA (AA), determined that Amendment 6 is necessary for the for these vessels and gear from the State Stone Crab Fishery of the Gulf of conservation and management of the of Florida. (See § 654.6(a).) Mexico; Amendment 6 stone crab fishery of the Gulf of Mexico [FR Doc. 98–22431 Filed 8–19–98; 8:45 am] and that Amendment 6 is consistent BILLING CODE 3510±22±F AGENCY: National Marine Fisheries with the Magnuson-Stevens Act and Service (NMFS), National Oceanic and other applicable law. Atmospheric Administration (NOAA), This final rule has been determined to DEPARTMENT OF COMMERCE Commerce. be not significant for purposes of E.O. ACTION: Final rule. 12866. National Oceanic and Atmospheric The Assistant General Counsel for Administration SUMMARY: NMFS issues this final rule to Legislation and Regulation of the implement Amendment 6 to the Fishery Department of Commerce, based on the 50 CFR Part 679 Management Plan for the Stone Crab Council’s Regulatory Impact Review [Docket No. 971208298±8055±02; I.D. Fishery of the Gulf of Mexico (FMP). that assesses the economic impacts of 081498A] Amendment 6 and this rule will management measures in this rule on reinstate for up to 4 years (through June fishery participants, certified to the Fisheries of the Exclusive Economic 30, 2002) the previously existing Chief Counsel for Advocacy of the Small Zone Off Alaska; Species in the Rock temporary moratorium on the Federal Business Administration that this rule Sole/Flathead Sole/``Other Flatfish'' registration of stone crab vessels that would not have a significant economic Fishery Category by Vessels Using expired on June 30, 1998. The intended impact on a substantial number of small Trawl Gear in the Bering Sea and effect is to provide additional time for entities. No comments were received Aleutian Islands the industry and Florida to develop and regarding this certification. As a result, AGENCY: National Marine Fisheries implement a limited access system for a regulatory flexibility analysis was not Service (NMFS), National Oceanic and the fishery. prepared. Atmospheric Administration (NOAA), Because this rule merely reinitiates a DATES: This rule is effective August 20, Commerce. 1998. moratorium that was in place until June 30, 1998, and does not require any ACTION: Closure. FOR FURTHER INFORMATION CONTACT: participants in the fishery to take action Michael E. Justen, 727–570–5305. SUMMARY: NMFS is prohibiting directed to come into compliance, the AA finds SUPPLEMENTARY INFORMATION: The FMP fishing for species in the rock sole/ for good cause under 5 U.S.C. 553(d)(3) flathead sole/‘‘other flatfish’’ fishery was prepared by the Gulf of Mexico that delaying the effective date of this Fishery Management Council (Council) category by vessels using trawl gear in rule for 30 days is unnecessary. the Bering Sea and Aleutian Islands and is implemented under the authority Accordingly, the AA reinitiates the of the Magnuson-Stevens Fishery management area (BSAI). This action is moratorium effective upon the date of necessary to prevent exceeding the 1998 Conservation and Management Act publication in the Federal Register. (Magnuson-Stevens Act) by regulations Pacific halibut bycatch allowance at 50 CFR part 654. List of Subjects in 50 CFR Part 654 specified for the trawl rock sole/flathead On April 23, 1998, NMFS announced Fisheries, Fishing. sole/‘‘other flatfish’’ fishery category. the availability of Amendment 6 and DATES: Effective 1200 hrs, Alaska local Dated: August 14, 1998. time (A.l.t.), August 16, 1998, until 2400 requested comments on the amendment Rolland A. Schmitten, (63 FR 20162). On May 14, 1998, NMFS hrs, A.l.t., December 31, 1998. Assistant Administrator for Fisheries, published a proposed rule to implement FOR FURTHER INFORMATION CONTACT: National Marine Fisheries Service. Andrew Smoker, 907–586-7228. Amendment 6 and requested comments For the reasons set out in the SUPPLEMENTARY INFORMATION: on the rule (63 FR 26765). The preamble, 50 CFR part 654 is amended The background and rationale for the as follows: groundfish fishery in the BSAI exclusive measures in the amendment and economic zone is managed by NMFS proposed rule are contained in the PART 654ÐSTONE CRAB FISHERY OF according to the Fishery Management preamble to the proposed rule and are THE GULF OF MEXICO Plan for the Groundfish Fishery of the not repeated here. On July 22, 1998, Bering Sea and Aleutian Islands Area after considering the comments received 1. The authority citation for part 654 (FMP) prepared by the North Pacific on the amendment and the proposed continues to read as follows: Fishery Management Council under rule, NMFS approved Amendment 6. Authority: 16 U.S.C. 1801 et seq. authority of the Magnuson-Stevens