16680 Feder&l Register / Vol. 50, No. 81 I Friday, April 26, 1985 I Rules and Regulations DEPARTMENT OF THE INTERIOR 18 millimeters (S-8 inch) wide, and blue Register (44 FR 70796), the Service or white. The stems are in clumps 25-45 published a notice of withdrawal of the Fish and Wildlife *rvica centimeters (l&18 inches) high, and up June 181976. proposal. along with four to 30 centimeters (12 inches) across other proposals that had expired. 50 CFR Part 17 (Martin and Hutchins, 1981). Erigeron rhizomatus, however, was Endangered and liveaitkd Wildlife Erigeron rh.komatus grows in a zone included in category 1 on the list of of Chinle shale and associated soils in plants under review for threatened or and Plants; Final Rule To Determine the pifion-juniper association at 2,190 to Erigeron Rhlzomatus To Be a endangered classification in the Threatened Species 2,499 meters (7,189-7,870 feet) elevation. December 15.1980, Federal Register (45 The Zuni Mountain population is found 'FR 82480). Category 1 refers to taxa for AGENCY: Fish and Wildlife Service, on loose, decaying slopes of the Chinle which the Service presently has Interior. shale formation. However, the majority sufficient information to support the ACTION: Final rule. of the Datil plants occur in the Baca biological appropriateness of their being formation. listed as endangered or threatened SUMMARY: The Service determines a Flowering is from May to June. The plant, Erjgeron rhizomatus (rhizome species appears to be reproducing well, species. fleabane), to be a threatened species and individuals of all age classes are The Endangered Species Act under the authority of the Endangered present. The clumps of plants are all Amendments of 1982 required that all Species Act of 1973 (Act), as amended. clones. Establishment of new plants by petitions pending as of October 13,1982, Approximately 20 populations are seed is rare, although a large volume of be treated as having been newly known, all of which are in New Mexico. seed is produced (Fletcher, 1978; Sabo, submitted on that date. The species The total number of individual plants is 1981). covered by the December 15,1989, only about 200. This species’ survival is . Most of the populations are close to notice of review were considered to be threatened due to the low number of inactive uranium claims. If exploration petitioned, and the deadline for a plants, its restricted distribution, and the or mining is reactivated, there may be finding on those species, including potential for habitat loss if uranium adverse impacts to the plants. Erigeron rhizomatus. was October 13, mining in the area is ever reactivated. Federal action affecting this species 1983. For Erigeron rhizomatus, the This action implements the protection begati with Section 12 of the Endangered petition finding was made on October provided by the Act for this plant.‘ Species Act of 1973, which directed the 13,1983, that listing was warranted but DA= The effective date of this rule is Secretary of the Smitheonian Institution precluded by pending listing actions in May.28 1984. to prepare a report on those plants accordance with section 4(b)(3)(B)(iii) of considered to be endangered, the Act. Such petitions are recycled ADDRESS: The complete file for this rule threatened, or extinct. This report, under section 4(b)(3)(C)(i) of the Act. is available for inspection during designated as House Document No. 94- The Service published a proposed rule normal, business hours, by appointment 51, was presented to Congress on to Iist Erigemn rhizomatus as a at the Service’s Regional Office of January 9.1975. On July L1975. the Endangered Species, 599 Gold Avenue, threatened species on April 24,1964 (49 Service published a notice in the FedemJ FR 17548), constituting the next l-year S.W., Room 4090, Albuquerque, New Register (40 FR 27823) of its acceptance finding which would have been required Mexico 87103. of the report of the Smithsonian on or before October 13,19&L FOR FURTHER INFORMATION CONTACT: Institution as a petition within the Peggy Olwell, Botanist, Region 2 context of section 4(c)(2) (petition Summary of Comments and Endangered Species Staff, see address acceptance is now governed by section Recommendations above (595/788-3972 or FTS 474-3972). 4(b)(3)(A)) of the Act), and of its In the April 241984, proposed rule (49 SUPPLEWLNTARY INFORMATIOn: intention thereby to review the status of FR 17548) and associated notifications, the plant taxa named therein. On June all interested parties were requested to Background 181978, the Service published a Erigeron rhizomatus is in the aster submit factual reports or information proposed rule in the Federal Register (41 that might contribute to the development family. The species was first collected in FR 24523) to determine approximately of a final rule. Appropriate State McKinley County, New Mexico, by R.C. 1.700 vascular plant species to be Barneby in 1943 and was described by agencies, county governments, Federal endangered species pursuant to Section agencies, scientific organizations, and A. Cronquist in 1947. Approximately 29 4 of the Act. This list of 1,780 plant populations are now known from two other interested parties were contacted species was assembled on the basis of and requested to comment. A counties in New Mexico. Populations comments and data received by the are known on the Cibola National Forest Smithsonian Institution and the Service newspaper notice was published in the in areas south of Fort Wingate in in response to House Document 94-51 Gallup Independent and The Defensor McKinley County, and on the Cibola and the July 1.1975, Federal Register Chieftain newspapers on May 24,1984, National Forest and adjacent areas publication. Erigeron rhizomatus was that invited general public comment. Six administered by the Bureau of Land included in the July 1,1975, notice of commenta were received. Summaries of Management (BLM) northwest of Datil review and the June 181978, proposal. the comments and the Service’s in Catron County. These are the only General comments received in relation response are discussed below. No public areas in which this Erigemn has been to the 1978 proposal were summarized in hearing was requested or held. found. the April 281978, Federal Register (43 Comments supporting the listing were Erigeron rhizomatus is a perennial FR17909). received from the New York Botanical herb arising from a horizontal The Endangered Species Act Garden, the State of New Mexico underground stem, or rhizome. The Amendments of 1978 required that aB Natural Resources Department, the leaves are narrow and oblong to linear, proposals over 2 years old be International Union for Conservation of up to I centimeter (.4 inch) long and 3 withdrawn A l-year grace period was Nature and Natural Resources, the millimeters (.x! inch) wide, and dark given to proposals already over 2 years Bureau of Land Management (BLM), and green. The flower heads are single, 13- old. In the December 10,1979. Federal the Forest Service. Federal Register / Vol. 50. No. 8% / Friday. April 26.1985 / Rules and Regtitiorm imm - The National Park Service stated that Q(a)(2)of the Act will hamper threat to the survival of this speciea the proposed listing has no immediate verification of the species’ distribution C. Disease orpdotion. No threat effect upon it, but that, if the plant nor does it agree that this restriction is from disease or predation to this species should be found on National Park not necessary. The Act does provide for is presently known. The scattered Service lands, the Fish and Wildlife issuance of a permit for collection of distribution of Erigeron rhizomatus Service will be notified. plants fo scientific purposes. A permit reduces its susceptibility to disease. The BLM informed Service that a for collection of Erigeron rhizomatus However, if any disease should occur, it population exists on BLM-administered may be obtained from the Service for might seriously reduce the numbers of land adjacent to Cibola National Forest verification of distribution. the plant. northwest of Datil. New Mexico. This Summary of Factors AfFecting the D. The inadequacy of existing regulatorymechanisms. There are no information has been added to the rule. Species The BLM pointed out that it has no After a thorough review and State laws offering protection for information regarding the reactivation of consideration of all available Erigeron rhizomotus. U.S. Forest Service uranium mining claims: however, if the information, the Service has determined (USFS) regulations prohibit taking of claims were to be resumed. the species that Erigeron rhizomatus should be plants on USPS lands (36 CFB 261.9(b)). would be protected from activities that classified as a threatened species. These regulations are difficult to enforce would jeopardize its existence. The BLM Procedures found as section 4(a)(l) of in backcountry situations. commented that fire may be an the Endangered Species.Act (16 U.S.C. E. Other natuml or manmade factors additional threat to Erigeron 1531 et seq.) and regulations affecting its continued existence. Ths r~izomotus. It said it is doubtful that the promulgated to implement the listing limited distribution (two New Mexico rhizome fleabane is adapted to fire, and provisions of the Act (codified at 66 CFR counties) and low numbers of plants a hot fire in adjacent areas may destroy Part 424; as revised to accommodate the (appmximatety 200) make Erigeron or damage plants. In addition, it 1982 Amendments-!he final rule at 49 rhizomatus especially vulnerable to commented that intensive livestock 01 FR 38900, October 1,1984) were habitat disturbances or other stresses. recreational use could damage the followed. A species may be determined The Service has carefully assessed the populations and that these activities to be an endangered or threatened best scientific and commercial might have to be regulated.