[Federal Register Volume 63, Number 14 (Thursday, January 22, 1998)]
[Proposed Rules]
[Pages 3301-3306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1518]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE54
Endangered and Threatened Wildlife and Plants; Proposed Rule To
List the Plant Lesquerella Thamnophila (Zapata Bladderpod) as
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list the
plant Lesquerella thamnophila (Zapata bladderpod) as an endangered
species under the Endangered Species Act of 1973, as amended (Act).
Lesquerella thamnophila is known from four locations in Zapata and
Starr Counties, Texas. This species is threatened by increased urban
development, highway construction, increased oil and gas
[[Page 3302]]
activities, alteration and conversion of native plant communities to
improved pastures, overgrazing, and vulnerability from low population
numbers. This proposal, if made final, will extend the Act's protection
to Lesquerella thamnophila. Designation of critical habitat is not
being proposed because the Service has determined such designation is
not prudent.
DATES: Comments from all interested parties must be received by March
23, 1998. Public hearing requests must be received by March 9, 1998.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, U.S. Fish and Wildlife Service,
Ecological Services Field Office, c/o Texas A&M University-Corpus
Christi, Campus Box 338, 6300 Ocean Drive, Corpus Christi, Texas 78412.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Field Supervisor of the Corpus Christi
Ecological Services Field Office in Corpus Christi, Texas. (Telephone
512-994-9005; Facsimile 512-994-8262).
SUPPLEMENTARY INFORMATION:
Background
Lesquerella thamnophila, a member of the mustard family, was first
collected in Zapata County, Texas by R.C. Rollins in 1959. The species
was named Lesquerella thamnophila in 1973 by R.C. Rollins and E.A. Shaw
in their work on the genus Lesquerella (Rollins and Shaw 1973). The few
collected specimens of Lesquerella thamnophila have all come from
Zapata and Starr Counties in southern Texas.
Lesquerella thamnophila is a pubescent, somewhat silvery-green
herbaceous perennial plant with sprawling stems 43-85 centimeters (cm)
(16-32 inches (in)) long. It has narrow basal leaves 4-12 cm (1.5-4.7
in) long and 7-15 millimeters (mm) (0.3-0.6 in) wide, with entire to
wavy or slightly toothed margins. The stem leaves are 3-4 cm (1-1.5 in)
long and 2-8 mm (0.1-0.3 in) wide, with margins similar to the basal
leaves. The inflorescences, usually appearing in April but dependent
upon the timing of spring rains, are loose racemes of yellow-petaled
flowers. Fruits are round and 4.5-6.5 mm (0.2-0.8 in) in diameter on
short downward curving pedicels (Poole 1989).
Lesquerella thamnophila occurs on level to sloping terrain in
gravelly to sandy-loam upland terrace or Rio Grande floodplain soils.
Known locations are associated with three Eocene-age geologic
formations--the Jackson, Laredo, and Yegua--which have yielded
fossiliferous and calcareous sandstones and clays. The Starr County
sites for Lesquerella thamnophila occur within the Jimenez-Quemado soil
association and on Catarina series soils. Jimenez-Quemado soils are
well-drained, shallow, gravelly to sandy loams underlain by caliche.
Catarina series soils are clayey, saline upland soils developed from
calcareous, gypsiferous, or saline clays that usually contain many
drainages and erosional features. The underlying material of these
soils contains many calcareous concretions, gypsum crystals, and marine
shell fragments (Thompson, et al. 1972).
The soils of Zapata County have not been mapped in detail, but the
bladderpod sites in Zapata County occur within the Zapata-Maverick soil
association, based upon the general soils map for the county. Zapata
soils are shallow and well-drained, occurring over caliche. Maverick
soils are upland clayey soils occurring over caliche with the
underlying calcareous material also containing shale and gypsum
crystals (Thompson, et al. 1972).
Lesquerella thamnophila occurs as a herbaceous component of an open
Leucophyllum frutescens (cenizo) shrub community that grades into an
Acacia rigidula (blackbrush) shrub community. Both plant communities
dominate many upland habitats on shallow soils near the Rio Grande
(Diamond 1990). Other common plant species in the cenizo and blackbrush
communities include Acacia berlandieri (guajillo), Prosopis glandulosa
(mesquite), Celtis pallida (granjeno), Yucca treculeana (Spanish
dagger), Zizyphus obtusifolia (lotebush), and Porlieria angustifolia
(guayacan). The aggressively invasive nonnative Cenchrus ciliaris
(buffelgrass) is also commonly present. These shrublands are sparsely
vegetated due to the shallow, fast-draining soils and semi-arid climate
(Poole 1989).
These open brushland communities are used primarily as rangeland
and, due to the semi-arid environment, are sensitive to soil erosion
and vegetation changes brought about by long-term livestock overgrazing
(Schlesinger, et al. 1990). As a result, root-plowing of shrubs and
subsequent planting of buffelgrass are common regional practices for
rangeland improvement. Cattle reportedly graze on Lesquerella
thamnophila (Poole 1989).
Lesquerella thamnophila occurred historically in Zapata and Starr
counties in the United States. It has never been collected in Mexico
despite its potential occurrence there. Recent surveys of historical
locations in Starr County failed to relocate those populations. Poole
(1989) located three populations, two in Zapata County and one in Starr
County. In April 1994, Bill Carr and Lee Elliott of the Texas Parks and
Wildlife Department discovered another previously unknown Starr County
location (Lee Elliott, pers. comm. 1994).
The number of plants in known populations appears to fluctuate
dramatically in apparent response to precipitation (Poole 1989). In
1985, there were approximately 5,000 plants at one 4-hectare (ha) (10-
acre (ac)) Zapata County site (Tigre Chiquita) and approximately 1,000
plants at the 15-acre type locality in Zapata County (Falcon Lake
West). The year 1986 was dry; only 28 plants were counted at the Tigre
Chiquita site, and none at Falcon Lake West. Plants were seen at both
Zapata County sites again in 1988, but no specific population counts
were recorded. No plants have been observed at the Falcon Lake West
site since 1988.
The Texas Parks and Wildlife Department has established a
management agreement with the Texas Department of Transportation for
the Tigre Chiquita site. The agreement requires that the transportation
agency avoid mowing within the highway right-of-way from February to
May, while the plant is actively growing. The Texas Parks and Wildlife
Department annually monitors the site for population size and has
recorded these numbers: 10 reproductive plants and 3 non-reproductive
ones in 1991; no plants in 1992; 7 non-reproductive plants in 1993; one
reproductive plant in 1994; 3 non-reproductive plants in 1995; and no
plants in 1996 (probably due to drought).
In 1986, Poole (1989) found 20 plants at a 2-ha (5-ac) site in
Starr County (Santa Margarita Ranch). Plants were again observed at
this site in 1994, but the number of individuals was not recorded that
year (Gena Janssen, Texas Parks and Wildlife Department, Austin, Texas,
pers. comm. 1994). Approximately 70 plants were seen in 1997. In 1994,
the Texas Parks and Wildlife Department recorded about 50 plants at a
new Starr County site (Cuellar Tract) located on a tract of the Lower
Rio Grande National Wildlife Refuge. In 1996, a monitoring plot was
established and a total of 131 plants were located, 84 of them non-
reproductives. In 1997, an extremely wet year, the estimated number of
individuals increased to several thousand, all within a 2-3 acre
section of the tract.
Lesquerella thamnophila is a cryptic annual species and blooms
within a set
[[Page 3303]]
period of time following spring rainfall, creating a short period in
which to survey. These factors may contribute to the occasional
inability to locate these plants at known sites. Additional surveys
carried out at the most favorable times to find specimens, and focusing
on associated soil types, are warranted during the review of this
species for listing as endangered.
Previous Federal Action
Federal action involving this species began with section 12 of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et
seq.), which directed the Secretary of the Smithsonian Institution to
prepare a report on those plants considered to be endangered,
threatened, or extinct. This report, designated as House Document No.
94-51, was presented to Congress on January 9, 1975. On July 1, 1975,
the Service published a notice in the Federal Register (40 FR 27823)
accepting the Smithsonian report as a petition within the context of
section 4(c)(2) of the Act, now section 4(b)(3)(A), and announcing that
it would initiate a review of the status of those plants. Lesquerella
thamnophila was included as threatened in the Smithsonian report and in
the Service notice.
On June 16, 1976 (41 FR 24523), the Service published a proposed
rule to determine approximately 1,700 vascular plants as endangered.
Lesquerella thamnophila was included in this proposal. However, the
1978 amendments to the Act required the withdrawal of all proposals
over 2 years old (although a 1 year grace period was allowed for those
proposals already over 2 years old). On December 10, 1979 (44 FR
70796), the Service published a notice withdrawing that portion of the
June 16, 1976, proposal that had not been made final.
On December 15, 1980 (45 FR 82823), the Service published a list of
plants under review for listing as threatened or endangered, in which
Lesquerella thamnophila was included as a category 2 candidate.
Category 2 candidates were those species for which available
information indicated listing as threatened or endangered may have been
appropriate, but for which substantial data were not available to
support preparation of a proposed rule.
Section 4(b)(3)(B) of the Act requires that findings be made by the
Secretary on pending petitions within 12 months of their receipt.
Section 2(b)(1) of the 1982 amendments to the Act required that all
petitions pending as of October 13, 1982, be treated as having been
submitted on that date. The 1975 Smithsonian report was accepted as a
petition; therefore, all the plants noted within the report, including
Lesquerella thamnophila, were treated as being newly petitioned on
October 13, 1982. In each subsequent year, from 1983 to 1993, the
Service determined that the petition to list Lesquerella thamnophila
was warranted, but precluded by other listing actions of higher
priority, and that additional data on vulnerability and threats were
still being compiled.
A status report on Lesquerella thamnophila was completed August 8,
1989 (Poole 1989). That report provided sufficient information on
biological vulnerability and threats to warrant reassigning the species
as a category 1 candidate and supporting preparation of a proposed rule
to list Lesquerella thamnophila as endangered. ``Category 1
candidates'' were those for which the Service had substantial
information indicating that listing under the Act was warranted.
Notices revising the 1980 list of plants under review for listing
as endangered or threatened were published in the Federal Register on
September 27, 1985 (50 FR 39626), February 21, 1990 (55 FR 6184), and
September 30, 1993 (58 FR 51171). Lesquerella thamnophila was included
in the September 30, 1993 notice as a category 1 candidate.
The 1996 Notice of Review ( 55 FR 6184) included Lesquerella
thamnophila as a candidate. Candidates are species for which the
Service has sufficient information indicating that a listing proposal
is appropriate. The 1997 Notice of Review (62 FR 49398) also included
Lesquerella thamnophila as a candidate.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of the Act set forth the procedures
for adding species to the Federal lists. A species may be determined to
be an endangered or threatened species due to one or more of the five
factors described in section 4(a)(1). These factors and their
application to Lesquerella thamnophila are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Habitat destruction and
modification are the primary threats to Lesquerella thamnophila. These
threats include the introduction of non-native pasture grasses such as
buffelgrass and conversion of native rangeland to improved pasture,
overgrazing, urban development, construction or improvement of highways
and utility transmission systems necessary to support urban
infrastructures, and oil and gas exploration and production. These
types of activities have destroyed or altered more than 95 percent of
the native habitat in south Texas (Jahrsdoerfer and Leslie 1988).
It is a common practice in south Texas to improve rangeland for
livestock production by removing the native shrubs through root-plowing
or aerial herbicide application and then reseeding the area with non-
native grasses, usually buffelgrass. This practice potentially destroys
Lesquerella thamnophila habitat. Buffelgrass has spread beyond the
improved pastures and is now present throughout south Texas. This
invasive non-native grass out-competes and displaces native grasses,
forbs, and small shrubs. Potential sites for native plant seedling
establishment are lost due to light and moisture competition with
buffelgrass, and possibly due to allelopathy.
Much of south Texas was severely overgrazed in the past, and
overgrazing continues in many areas today. Vegetation of the semi-arid
south Texas climate is less resilient to the impacts of long-term
grazing than is the vegetation of wetter climates. This has led to
severe erosion of the often highly erodible south Texas soils
(Schlesinger, et al. 1990). It is impossible to calculate how much
habitat suitable to Lesquerella thamnophila may have been lost in the
past because of the destructive effects of overgrazing or the
conversion of native rangeland to improved pasture.
Lesquerella thamnophila is threatened by potential urban
development. The type locality for this species has been reduced to a
small vacant lot in a resort subdivision on Falcon Reservoir in the
City of Zapata. This area is undergoing rapid retirement home
development. Another Lesquerella thamnophila population occurs in an
abandoned trailer park adjacent to a major highway. Recent construction
of convenience stores in the area could stimulate urbanization that
might extirpate the population.
South Texas is undergoing a rapid increase in highway improvements
and construction to handle increased traffic stimulated by the North
American Free Trade Agreement. There are Lesquerella thamnophila
populations adjacent to existing roads that could be proposed for
widening. Additionally, existing unimproved roads adjacent to
populations could be proposed for widening and paving.
There are Lesquerella thamnophila populations adjacent to
maintained highway rights-of-way where herbicides are used to control
vegetation around
[[Page 3304]]
bridges, guard rails, signs, and reflector posts. Herbicides may also
be used to kill woody species encroaching into the rights-of-way and
along fence lines. Any plants within the rights-of-way are threatened
by maintenance practices such as blading or disking and reseeding with
erosion control seed mixtures, which contain primarily non-native
invasive grasses.
South Texas is presently undergoing a significant increase in oil
and gas exploration and production, especially in Zapata and Starr
counties. All phases of exploration and production have the potential
to harm Lesquerella thamnophila populations and habitat. The seismic
vibration method of gas exploration results in extensive temporary
rights-of-way being cleared to facilitate equipment traffic. The
construction of well pads, access roads, electric lines, and oil
gathering lines from wells, if not planned properly, can all destroy
plants and habitat. The proximity of this species to existing oil and
gas development poses a threat from an increase in number and capacity
of gathering lines.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. No commercial trade is currently known to exist
for the species. However, listed plant species can be threatened by
both collection and vandalism, activities difficult to prevent and only
regulated on lands under Federal jurisdiction or in knowing violation
of a State law or regulation. Listing a plant species can precipitate
commercial and scientific interest in the species. This interest can
threaten the species through unauthorized and uncontrolled collection.
Federally listing a species under the Act creates the potential for
vandalism at known and potential habitat sites. In many areas, private
landowner concern regarding endangered species is especially high and
may result in the intentional destruction of endangered species
habitat.
C. Disease or predation. The populations of Lesquerella thamnophila
have shown no evidence of disease. However, Poole (1989) reports that
cattle graze the species to the extent that numbers of plants in
populations subjected to grazing are severely reduced compared to those
in adjacent, ungrazed lands. Grazing and browsing are greater threats
during drought conditions when range quality is reduced and other
forage species have been reduced or removed. This portion of south
Texas is sensitive to overgrazing during drought conditions due to the
semi-arid environment and the large area needed per grazing animal,
even under ideal range conditions.
D. The inadequacy of existing regulatory mechanisms. The species is
not currently protected by any Federal or State laws or regulations.
E. Other natural or man-made factors affecting its continued
existence. There are only four known small Lesquerella thamnophila
populations with widely fluctuating numbers of plants from year to
year. Low plant numbers during drought years could cause genetic drift.
This has the effect of lowering genetic variability and may reduce the
species' ability to cope with environmental perturbations. The reduced
number of plants during drought years, with populations in some areas
actually being reduced to zero above-ground vegetative individuals,
also makes the species vulnerable to extinction from a prolonged
drought. Lesquerella thamnophila occurs along the Rio Grande and the
effect of past flooding on creating or maintaining habitat for the
species is unknown. The extreme rarity of this species makes
populations vulnerable to extirpation and the species vulnerable to
extinction from a variety of random environmental events.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by the species in determining to propose this
rule. Based on this evaluation, the preferred action is to list
Lesquerella thamnophila as endangered. The endangered status is
appropriate because of the species' limited distribution, low
population numbers, and imminent threats of habitat destruction.
Threatened status would not accurately reflect the current status of
this species.
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(I) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographic area occupied by a species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. ``Conservation'' means the use of all methods and procedures
needed to bring the species to the point at which listing under the Act
is no longer necessary.
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
the species is determined to be endangered or threatened. Service
regulations (50 CFR 424.12(a)(1)), state that designation of critical
habitat is not prudent when one or both of the following situations
exist--(1) the species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
As discussed under Factor B in the ``Summary of Factors Affecting
the Species'' section of this rule, Lesquerella thamnophila is
threatened by vandalism, an activity difficult to prevent and only
regulated by the Act with respect to endangered plants in cases of (1)
removal and reduction to possession from lands under Federal
jurisdiction, or their malicious damage or destruction on such lands;
and (2) removal, cutting, digging up, or damaging or destroying in
knowing violation of any State law or regulation, including State
criminal trespass law.
The limited protection for plants on private land renders them
particularly vulnerable to vandalism or collection due to their lack of
evasive ability. Simply listing a plant species can precipitate
commercial and scientific interest, legal as well as illegal, which can
threaten the species through unauthorized and uncontrolled collection
for both commercial and scientific purposes. The designation of
critical habitat involves publication of habitat descriptions and
general mapped locations of the species, greatly increasing the
likelihood of unwanted notice by potential collectors and of successful
search and removal operations at specific sites.
Such information also greatly exacerbates the potential for
vandalism of endangered or threatened plants at known and potential
habitat sites. The designation of critical habitat affects only Federal
projects or activities which they fund, authorize, or carry out. Its
designation does not affect private land activities conducted by State
and local government activities if the activity does not involve
Federal funds or authorization. However, this is not always easily
understood by private landowners whose property boundaries may be
included within a general description of critical habitat for a
specific species. Identification of proposed critical habitat for other
species has resulted in widespread confusion and heightened concern by
[[Page 3305]]
the general public. More importantly, such action has resulted in the
unnecessary destruction of endangered species habitat by landowners in
order to avoid the imagined attention of the Service and perceived
prohibitions on private land.
In the case of Lesquerella thamnophila, the Service finds that
designation of critical habitat is not prudent since it is likely to
increase the degree of threat of take of the species. Publication of
critical habitat descriptions and locations would make the species
especially vulnerable to collection and vandalism.
The designation of critical habitat for Lesquerella thamnophila is
also not prudent since it will provide no additional conservation
benefit to the species. The most severe threats to the species include
the overgrazing of native range, and conversion of native rangeland to
improved pasture with nonnative grasses. Designation of critical
habitat will not affect these threats, since impacts stem from private
land activities. Further protection of habitat on private or State land
will be addressed through the recovery process and will involve
identifying measures that can mutually benefit both the species and
landowner.
Section 7 of the Act requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed species or cause the
destruction or adverse modification of its critical habitat.
Lesquerella thamnophila is currently restricted to four sites ranging
from 5 acres to 45 acres in size. Any adverse impact to sites that
would result in destruction or adverse modification of critical habitat
would likely also jeopardize the continued existence of Lesquerella
thamnophila. Thus, in the case of this species, critical habitat would
provide no additional benefit beyond that provided through listing as
endangered.
In summary, the Service finds that Lesquerella thamnophila is
vulnerable to collection and vandalism, and that identification of
critical habitat would increase its vulnerability. Further, adequate
protection from adverse Federal actions is provided through listing the
species as endangered under the Act, and designation of critical
habitat would provide little additional protection. Therefore, the
Service finds that designation of critical habitat would, on balance,
be detrimental to the species. Critical habitat designation is thus not
prudent.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and local agencies, private
organizations, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against certain activities
involving listed plants are discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. For
listed species, section 7(a)(2) requires Federal agencies to ensure
that activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of the species or destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into consultation with the Service.
Federal agency actions that may require conference and/or
consultation as described in the preceding paragraph include brush
clearing for flood control in arroyos within the jurisdiction of the
International Boundary and Water Commission; technical assistance to
landowners by the Natural Resources Conservation Service (formerly Soil
Conservation Service) for activities funded by the Consolidated Farm
Service Agency (formerly Agricultural Stabilization and Conservation
Service); and rangeland herbicide registration by the Environmental
Protection Agency. The Federal Highway Administration will need to
consider the occurrence of the species in activities such as widening
existing roadways or constructing new highways. The U.S. Department of
Housing and Urban Development will need to consider these species when
water, sewer, and power services are authorized following the
development of unauthorized human settlements.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, apply. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to import
or export, transport in interstate or foreign commerce in the course of
a commercial activity, sell or offer for sale in interstate or foreign
commerce any such plant species; or to remove and reduce the species to
possession from areas under Federal jurisdiction. In addition, for
plants listed as endangered, the Act prohibits the removal and
malicious damage or destruction of such plants on areas under Federal
jurisdiction; and the removal, cutting, digging up, or damaging or
destroying of such plants in any other area, including non-Federal
lands, in knowing violation of any State law or regulation, including
State criminal trespass law. Certain exceptions to the prohibitions
apply to agents of the Service and State conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. It is anticipated that few trade permits would
ever be sought or issued because this species is not in cultivation nor
common in the wild.
It is the policy of the Service (59 FR 34272) to identify to the
maximum extent practicable at the time a species is listed those
activities that would or would not constitute a violation of section 9
of the Act. The intent of this policy is to increase public awareness
of the effect of the listing on proposed and ongoing activities within
a species' range.
One population of the Lesquerella thamnophila occurs on public land
under the jurisdiction of the Service. Collection, damage or
destruction of this species on Federal lands is prohibited, although in
appropriate cases a Federal endangered species permit may be issued to
allow collection. As noted above, such activities on non-Federal lands
would constitute a violation of section 9 if conducted in knowing
violation of State law or regulation, including State criminal trespass
law.
[[Page 3306]]
Normal residential lawn care and maintenance and the clearing of small
areas surrounding a residence, which may be used as a fire break are
not violations of section 9 and will not constitute take. The Service
is not aware of any otherwise lawful activities being conducted or
proposed by the public that will be affected by this listing and result
in a violation of section 9.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Corpus Christi Office (see ADDRESSES section). Requests
for copies of the regulations regarding listed plants and inquiries
about prohibitions and permits may be addressed to U.S. Fish and
Wildlife Service, Branch of Endangered Species/Permits, P.O. Box 1306,
Albuquerque, New Mexico 87103 (telephone 505/248-6920; facsimile 505/
248-6922).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) Reasons why any habitat should or should not be determined to
be critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species;
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Final promulgation of the regulations on this species will take
into consideration the comments and any additional information received
by the Service, and such communications may lead to a final regulation
that differs from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of the proposal. Such requests must be made in
writing and addressed to the Field Supervisor (see ADDRESSES section).
Required Determinations
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Act. A notice outlining the Service's reasons for this
determination was published in the Federal Register on October 25, 1983
(48 FR 49244).
References Cited
Diamond, D. 1990. Plant Communities of Texas (series level). Texas
Parks and Wildlife Department, Austin, Texas.
Jahrsdoerfer, S.E. and D.M. Leslie, Jr. 1988. Tamaulipan Brushland
of the Lower Rio Grande Valley of South Texas: Description, Human
Impacts, and Management Options. U.S. Fish and Wildlife Service,
Biological Report 88(36). 63 pp.
Poole, J. 1989. Status Report on Lesquerella thamnophila. U.S. Fish
and Wildlife Service, Albuquerque, New Mexico.
Rollins, R.C. and E.A. Shaw. 1973. The Genus Lesquerella. Harvard
University Press, Cambridge, Massachusetts.
Schlesinger, W.H., J.F. Reynolds, G.L. Cunningham, L.F. Huenneke,
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Authors
The primary authors of this document are Angela Brooks and Kathy
Nemec (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Lesquerella thamnophila.......... Zapata bladderpod... U.S.A. (TX)........ Brassicaceae....... E ........... NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 30, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-1518 Filed 1-21-98; 8:45 am]
BILLING CODE 4310-55-P
