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26L64 Fedeta Register / Vol. 52, No. 133 / Monday, July 13, 1987 / Proposed Rules

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26L64 Fedeta Register / Vol. 52, No. 133 / Monday, July 13, 1987 / Proposed Rules 26l64 FedetA Register / Vol. 52, No. 133 / Monday, July 13, 1987 / Proposed Rules (see ADDRESSES above) (505/756-3972 or reduces plant cover. Soreng suggested F-l-s 4744972). that regeneration was insufficient to SUPPLEMENTARY INFOf?MAllON: maintain population numbers. Section 12 of the Endangered Species Background Act of 1973 (16 U.S.C. 1531 et seq.) Argemone pleiacantha ssp. directed the Secretary of the pinnatisecta [Sacramento prickly poppy) Smithsonian Institution to prepare a is a robust perennial known only from report of those plants considered to be DEPARTMENT OF THE INTERIOR several canyons in the Sacramento endangered, threatened, or extinct. This Mountains of Otero County, south- report, designated as House Document central New Mexico. The Sacramento No. 94-51. was presented to Congress on Fish and Wildlife Service prickly poppy was first collected in 1953 January 9.1975. On July 1,1975, the 50 CFR Part 17 by Mr. G.B. Ownbey and Mr. Findley on Service published a notice in the Federal the western slopes of the Sacramento Register (40 FR 27823) of its acceptance Mountains. Mr. Ownbey described the of the report of the Smithsonian Endangered and Threatened Wildlife taxon in a monograph of the genus and Plan-, Proposal To Determine Institution as a petition within the Argemune for North America and the context of section 4 of the Act and of its Argemone plelacantha ssp. West Indies (Ownbey 1958). pinnatisecta (Sacramento prickly intention to review the status of the This member of the PODDV..” familv plant taxa names within. On June 16, poppy) To Be an Endangered Species (Papaveraceae) has 3-12 prickly st”ems 1976, the Service published a proposed branching from the base, and commonly rule in the Federal Register (41 FR 24523) AGENCY: Fish and Wildlife Service, grows to a height of 5-15 decimeters (2& Interior. to determine approximately 1,700 69 inches) (Soreng 1982). The pale lemon vascular plant species pursuant to ACTION: Proposed rule. to nearly white milky sap steadily section 4 of the Act. distinguishes this subspecies from the This list of 1,700 plant taxa was SUMMARY: The U.S. Fish and Wildlife typical subspecies, which has yellow- Service proposes to determine assembled on the basis of comments orange sap. The attractive flowers have and data received by the Smithsonian Argemone pleiacantha ssp. pinnatisecta numerous yellow stamens and six white [Sacramento prickly poppy) to be an Institution and the Service in response petals that are 3-4 centimeters (1.2-1.6 to House Document No. 94-51 and the endangered species, under the authority inches) long and as wide. Leaves are contained in the Endangered Species July 1.1975, Federal Register long, relatively narrow, and have box- publication. Argemone pleiucontha ssp. Act of 1973, as amended. The shaped sinuses between spine-tipped Sacramento prickly poppy is endemic to pinnatisecta was included in the July 1, lobes. 1975, notice of review and in the June 16, several canyons in the Sacramento The Sacramento prickly poppy occurs Mountains, Otero County, New Mexico. 1976, proposal. at 1400-2100 meters (4,800-6,600 feet) The Endangered Species Act Known populations consist of fewer elevation. At lower elevations, the than 200 plants, which occur on National Amendments of 1978 required that all surrounding vegetation is Semi-Desert proposals over two years old be Forest, New Mexico State Park, New Grassland; at the upper elevations the Mexico and Otero County Highway withdrawn. A one-year grace period vegetation is Great Basin Conifer was given to those proposals already rights-of-way, and private lands. This Woodland (Brown 1980). The species is threatened by livestock more than 2 years old. Subsequently, on Sacramento prickly poppy occurs in December lo,1979 (44 FR 707961, the grazing, pipeline construction, flooding, open, disturbed, or relatively and road construction and maintenance. undisturbed areas within these plant Service published a notice of a A final determination that Argemone withdrawal of that portion of the June communities. The species grows in 191976, proposal that had not been pleiucuntho ssp. pinnatisecto is limestone canyons, or roadsides, fields, endangered will implement the made final, along with other proposals grassy flats, steep slopes, and floodplain that had expired; this notice of protection provided by the Act. The and channel deposits. Populations are Service seeks data and comments from usually found where there is enhanced, withdrawal included Argemone the public on this proposal. but not wet, soil moisture conditions. pleiacantha ssp. pinnatisecta. These conditions are met on north- On Decemberl5,1980(45FR 82485), DATES: Comments from all interested and September 27,1985, (50 FR 395261, parties must be received by September facing slopes, in canyon bottoms, along roadsides, and near ieaks in pipelines.- the Service published updated notices 11,1987. Public hearing requests must be reviewing the native plants being received by August 27,1987. About half of the nlants are located on New Mexico State and Otero County considered for classification as ADDRESSES: Comments and materials highway rights-of-way. The rest of the threatened or endangered. Argemone concerning this proposal should be sent plants occur on private, State Park, and pleiacantha ssp. pinnatisecta was to the Regional Director, U.S. Fish and Lincoln National Forest lands. included in these notices as a catetory 1 Wildlife Service, P-0. Box 1306, Soreng (1982) estimated that three species. Category 1 is comprised of taxa Albuquerque, New Mexico 87103. populations of Argemone pleiacantha for which the Service has sufficient Comments and materials received will ssp. pinnotisecta contained fewer than biological data to support proposing be available for public inspection, by 170 plants in 1982, and suggested that them as endangered and threatened. appointment, during normal business these populations were declining. Flash Section 4(b)(3)(B) of the Endangered hours at the Service’s Regional Office of floods are one of the reasons for this Species Act, as amended in 1982, Endangered Species, 500 Gold Avenue, decline: one population decreased from requires the Secretary to make findings SW., Room 400, Albuquerque, New 100 plants to six after a flash flood on certain pending petitions within one Mexico. scoured the canyon in 1978 (Soreng year of their receipt. Section z(b)(l) of FOR FURTHER INFORMATION CONTACT: 1982). The probability of such flooding the Act’s Amendments of 1982 further Sue Rutman, Endangered Species has been increased by overgrazing from requires that all petitions pending on Botanist, Albuquerque, New Mexico livestock, which disturbs topsoil and October 12,1982, be treated as having Federal Register / Vol. 52, No. 133 / Monday, July 13, 1987 / Proposed Rules 26165 been newly submitted on that date. livestock uses has created artificially The Service has carefully assessed the Because Argemone pleiocantha ssp. dry conditions in the areas where the best scientific and commercial pinnatisecta was included in the 1980 Sacramento prickly poppies occur. information available regarding the past, notice, the petition tr list this species Fletcher (U.S. Forest Service, Region 6, present, and future threats faced by this was treated as being newly submitted pers. comm., 1986) believes the species in determining to propose this on October 12.1982. On October 13, installation of a pipeline in one canyon rule. Based on this evaluation. the 1983; October 12.1964; October 11.1985; and subsequent drying was the cause of preferred action is to list Argemone and October 10,1988, the Service made the greatest reduction in the numbers of pleiacanthha ssp. pinnatisecta as the required one-year findings that Sacramento prickly poppy. endangered without critical habitat. This listing of Argemonepleiacantha ssp. Road construction, widening, and status seems appropriate because the pinnatisecta was warranted, but maintenance pose a threat to the habitat of the few remaining populations precluded by other listing actions of Sacramento prickly poppy because a is threatened by overgrazing, pipeline higher priority. Biological data, supplied number of plants occur along roadsides. construction, flooding, and road by Soreng (19821, fully support the listing construction and maintenance. The of Argemone pleiacantha ssp. These plants are subject to destruction by mechanical disturbance, herbicide reasons for not designating critica! pinnatisecta. The present proposal is habitat are discussed below. based primarily on Soreng’s biological application, and soil and gravel data, and constitutes the next one-year dumping. Critical Habitat B. Overutilization for commercial. finding required by of section 4(b)(3)(B] Section 4(a)(3) of the Act, as amended. of the Act for this species. recreational, scientific, or educational purposes. Alkaloids present in the seed requires that to the maximum extent Summary of Factors Affecting the and juices of other species of Argemone prudent and determinable, the Secretary Species have been used in the past as purgatives designate any habitat of a species that is Section 4(a)(l) of the Endangered and as treatments for a wide variety of considered to be critical habitat at the Species Act (16 U.S.C. 1531 el seq.) and ailments, including opthalmia. However, time the species is determined to be regulations (50 CFR Part 424) no medicinal use of the Sacramento endangered or threatened. The Service promulgated to implement the listing prickly poppy is known. finds that designation of critical habitat provisions of the Act set forth the is not prudent for the Sacramento C. Disease orpredation. Al!hough prickly poppy at this time. Plants are procedures for adding species of the Soreng (1982) noted that the stems of Federal Lists. A species may be vulnerable to taking or vandalism some plants had been chewed by insects because of their immobility and determined to be endangered or and Fletcher (1978) reported insect threatened due to one or more of the five accessibility.
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