[Federal Register Volume 63, Number 18 (Wednesday, January 28, 1998)]
[Proposed Rules]
[Pages 4207-4212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2012]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE57
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for the Plant Astragalus Desereticus (Deseret milk-
vetch)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to
determine a Utah plant species, Astragalus desereticus (Deseret milk-
vetch), to be a threatened species under the authority of the
Endangered Species Act of 1973, as amended (Act). Astragalus
desereticus, considered extinct for 72 years prior to 1981, exists as
one small population in Utah County, Utah. Threats to the plant include
residential development, livestock grazing, livestock and wildlife
trampling, and threats associated with small population size. This
proposal, if made final, would implement Federal protection provided by
the Act. The Service seeks data and comments from the public on this
proposal.
DATES: Comments from all interested parties must be received by March
30, 1998. Public hearing requests must be received by March 16, 1998.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Utah Ecological Services Field Office,
U.S. Fish and Wildlife Service, Lincoln Plaza Suite 404, 145 East 1300
South, Salt Lake City, Utah 84115. Comments and materials received will
be available for public inspection, by appointment, during normal
business hours at the above address.
FOR FURTHER INFORMATION CONTACT: John L. England at the above address
(telephone: 801/524-5001, ext. 138).
SUPPLEMENTARY INFORMATION:
Background
Marcus E. Jones collected a distinctive Astragalus from ``below
Indianola,'' a town in Sanpete County, Utah, on June 2, 1893. The same
species was again collected by Ivar Tidestrom from ``near Indianola''
on June 17, 1909. Specimens from these two collections lay in obscurity
in various herbaria until Rupert Barneby recognized their uniqueness
and described them as Astragalus desereticus (Barneby 1964). Efforts to
relocate the species were initially fruitless (Barneby 1964; Welsh
1978a, 1978c), leading to a presumption of extinction (Ripley 1975;
Welsh 1975, 1978b). However, a population of A. desereticus was
discovered by Elizabeth Neese on May 27, 1981, on a sandstone outcrop
above the town of Birdseye, Utah County, Utah, less than 16 kilometers
(km) (10 miles (mi)) from Indianola (Welsh and Chatterley 1985). This
population remains the only known occurrence of this species (Franklin
1990, 1991; U.S. Fish and Wildlife Service (USFWS) 1991). It is
possible that this population is the one from which Jones and/or
Tidestrom made their collections more than 70 years earlier (Franklin
1990, 1991; Welsh and Chatterley 1985).
Astragalus desereticus is a perennial, herbaceous plant in the bean
family (Fabaceae). Individual plants are approximately 4 to 15
centimeters (cm) (2 to 6 inches (in)) in height, with stems about 6 cm
(2 in) tall. The pinnately compound leaves are 4 to 11 cm (2 to 4 in)
long with 11 to 17 leaflets. The leaflets are elliptic to ovate in
shape, with dense silvery gray hairs on both sides. The flowers are 1.8
to 2.2 cm (0.7 to 0.9 in) long, white in color with a purple tip on the
keel, and borne on a stalk of 5 to 10 flowers. The seed pods are 1 to 2
cm (0.4 to 0.8 in) long, covered with lustrous hairs, and bear 14 to 16
ovules (Barneby 1964; Barneby in Cronquist et al. 1989; Welsh 1978c;
Welsh et al. 1987).
Astragalus desereticus occurs primarily on steep south- and west-
facing slopes. The plant grows on soils derived from a specific and
unusual portion of the geologic Moroni Formation. This geologic feature
is characterized by coarse, crudely bedded conglomerate (Franklin
1990). The plant community in which A. desereticus occurs is dominated
by pinon pine (Pinus edulis) and Utah juniper (Juniperus osteosperma).
Other associated plant species include: sagebrush (Artemisia
tridentata), scrub oak (Quercus gambelii), and wild buckwheat
(Eriogonum brevicaule) (Franklin 1990).
The only known population of Astragalus desereticus consists of
between 5,000 and 10,000 individuals growing in an area of less than
120 hectares (ha) (300 acres (ac)) (Franklin 1990, Stone 1992). The
species' total range is approximately 2.6 km (1.6 mi) long and 0.5 km
(0.3 mi) across. Extensive searches of similar habitat in other parts
of Utah have not revealed any other populations (Franklin 1991; Larry
England, USFWS, pers. comm., 1997). The land upon which A. desereticus
grows is owned by the State
[[Page 4208]]
of Utah and three private landowners (Franklin 1990, 1991; Chris
Montague, The Nature Conservancy, pers. comms., 1992, 1997). This plant
species is threatened by grazing and trampling by ungulates, alteration
of its habitat due to residential development and road widening, and
naturally occurring events such as fire, due to its limited
distribution.
Previous Federal Action
Section 12 of the Act 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 report as a petition to list those taxa
named therein under section 4(c)(2) (now 4(b)(3)) of the Act, and its
intention to review the status of those plants. Astragalus desereticus
was included in the July 1, 1975, notice on list ``C,'' indicating that
the species was probably extinct.
On June 16, 1976, the Service published a proposed rule in the
Federal Register (41 FR 24523) to designate approximately 1,700
vascular plant species, including Astragalus desereticus, as endangered
pursuant to section 4 of the Act. The list of those 1,700 plant species
was assembled on the basis of comments and data received by the
Smithsonian Institution and the Service in response to House Document
No. 94-51 and the July 1, 1975, Federal Register publication. In the
proposed rule, the Service also designated A. desereticus as a species
about which the Service was particularly interested in obtaining any
new information on living specimens and extant populations. General
comments received in relation to the 1976 proposal are summarized in an
April 26, 1978, Federal Register publication (43 FR 17909). The 1978
amendments to the Act required that all proposals over 2 years old be
withdrawn, although proposals published before the 1978 amendments'
enactment could not be withdrawn before the end of a 1-year grace
period beginning on the enactment date. On December 10, 1979, the
Service published a notice of withdrawal (44 FR 70796) of that portion
of the June 16, 1976, proposal that had not been made final, which
included A. desereticus.
On December 15, 1980, the Service published a revised notice of
review for native plants in the Federal Register (45 FR 82480)
designating Astragalus desereticus a category 1 candidate species.
Category 1 candidates were defined as those taxa for which the Service
had on file information on biological vulnerability and threats to
support the preparation of listing proposals. In addition, A.
desereticus was identified as a species that may have recently become
extinct. In 1981, a population of A. desereticus was discovered. On
November 28, 1983, the Service published a revised notice of review in
the Federal Register (48 FR 53640) in which A. desereticus was included
as a category 2 candidate species. Category 2 candidates were formerly
defined as taxa for which data on biological vulnerability and threats
indicated that listing was possibly appropriate, but for which data
were not sufficient to support issuance of listing proposals. In
preparing the 1983 notice, the Service deemed it appropriate to acquire
additional information on the distribution and abundance of A.
desereticus before proposing the species for listing. The Service
maintained A. desereticus as a category 2 species in updated notices of
review published on September 27, 1985 (50 FR 39526), and February 21,
1990 (55 FR 6184). As a result of additional information obtained in
1990 and 1991 status surveys (Franklin 1990, USFWS 1991), the Service
reclassified A. desereticus as a category 1 candidate in the September
30, 1993, notice of review (58 FR 51144). In the February 28, 1996,
notice of review (61 FR 7596), the Service discontinued the designation
of category 2 candidates. Astragalus desereticus was included as a
candidate in the February 28, 1996 (61 FR 7596), and September 19,
1997, notices of review (62 FR 49398).
The processing of this proposed rule conforms with the Service's
final listing priority guidance for fiscal year 1997, published in the
Federal Register on December 5, 1996 (61 FR 64475). In a Federal
Register notice published on October 23, 1997 (62 FR 55628), the
guidance was extended beyond fiscal year 1997 until new guidance is
published following passage of the fiscal year 1998 appropriations bill
for the Department of the Interior. The fiscal year 1997 guidance
clarifies the order in which the Service will process rulemakings
following two related events: (1) The lifting on April 26, 1996, of the
moratorium on final listings imposed on April 10, 1995 (Public Law 104-
6), and (2) the restoration of significant funding for listing through
passage of the Omnibus Budget Reconciliation Act on April 26, 1996,
following severe funding constraints imposed by a number of continuing
resolutions between November 1995 and April 1996. Based on biological
considerations, this guidance establishes a ``multi-tiered approach
that assigns relative priorities, on a descending basis, to actions to
be carried out under section 4 of the Act'' (61 FR 64479). The guidance
calls for giving highest priority to handling emergency situations
(Tier 1) and second highest priority (Tier 2) to resolving the listing
status of the outstanding proposed listings. Tier 3 includes the
processing of new proposed listings for species facing high magnitude
threats. This proposed rule for Astragalus desereticus falls under Tier
3. The guidance states that ``effective April 1, 1997, the Service will
concurrently undertake all of the activities presently included in
Tiers 1, 2, and 3'' (61 FR 64480). The Service has thus begun
implementing a more balanced listing program, including processing more
Tier 3 activities. The completion of this Tier 3 activity (a proposal
for a species with high-magnitude, imminent threats) follows those
guidelines.
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 endangered or threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Astragalus desereticus Barneby (Deseret milk-vetch) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Astragalus desereticus is located on highly accessible public and
private land that is used for cattle grazing and wildlife management
(Franklin 1991, Stone 1992). The land managed by the State of Utah
Division of Wildlife Resources (DWR) is a wildlife management area that
is also used for cattle grazing (Franklin 1991). Cattle are used by DWR
in the spring to encourage plant growth for big game forage in the
winter. This grazing occurs within the habitat of A. desereticus (Stone
1992). The cattle tend to concentrate primarily on the upslope areas
where forage production is greater (Stone 1992). Erosion in these areas
is exacerbated by cattle grazing and game trails. In addition to the
effects of erosion, trampling threatens A. desereticus, particularly at
the southern end of the range (Franklin 1991). As cattle and
[[Page 4209]]
wildlife graze the habitat of A. desereticus, the animals are likely to
trample plants as they forage. Whereas mule deer (Odocoileus hemionus)
have maintained stable numbers recently, Rocky Mountain elk (Cervas
elephas) populations are increasing. Erosion and trampling by cattle
and wildlife constitute threats to A. desereticus.
Development in the Wasatch Front metropolitan area is spreading
into the surrounding agricultural lands, especially small communities
in the drainages of the Provo, Spanish Fork, and Weber rivers (Utah
Governor's Office of Planning and Budget (UGOPB) 1997). Areas such as
Birdseye are predicted to be rezoned residential within a short time.
The population growth of the metropolitan area is expected to nearly
double by the year 2020. In addition, conversion of agricultural land
to urban use is also expected to nearly double in the same time period
(UGOPB 1997). The entire Astragalus desereticus population is within
300 meters (1,000 feet) of U.S. Highway 89 and is within the area
proposed for future development (UGOPB 1997). Transportation needs of
the expanding population will also require roads to be widened or
improved. U.S. Highway 89 is currently a two-lane rural highway that
will likely be expanded when residential development expands into
southern Utah County and northern Sanpete County. Such highway widening
and the concomitant residential development could destroy a significant
portion of the remaining habitat of A. desereticus.
A potential threat to Astragalus desereticus is related to the
populations of ungulates in the area and their effect on pollinators.
Other species in the genus Astragalus have suffered from low numbers of
pollinators due to the indirect effects ungulates may have on the
pollinators' nest sites (Stone 1992). Bumblebees (Bombus sp.), which
nest in abandoned rodent burrows, are likely the primary pollinators of
A. desereticus. Land use practices which increase grazing pressure may
cause burrows to collapse, destroying bumblebee nests (Stone 1992).
Since bees have low fecundity, their populations may not recover for
many years, particularly if grazing by large numbers of ungulates is
maintained.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Overutilization is not known to be a threat to Astragalus
desereticus.
C. Disease or Predation
In contrast to many species of Astragalus, A. desereticus appears
to be palatable to cattle. Many Astragalus species concentrate the
toxic element selenium in their tissues; these species, called
selenophytes, poison grazing cattle (Stone 1992). The fact that A.
desereticus does not produce a ``snakelike'' odor typical of other
``snakeweeds,'' as selenophytes are sometimes called, and the fact that
no other selenophytes occur in the area, indicate that A. desereticus
is not a selenophyte (Stone 1992). While A. desereticus may not be
preferred forage for cattle or native ungulates, it is palatable and
may be inadvertently taken along with preferred forage in the area.
In habitat similar to that occupied by Astragalus desereticus in
Utah County that has been surveyed by Service personnel, overgrazing by
domestic ungulates has almost completely denuded the landscape (USFWS
1991). Similar grazing pressure has been known from the current habitat
of A. desereticus; therefore, the effects of grazing, particularly
overgrazing, constitute a likely threat. This species is much less
abundant in the more heavily grazed southern portion of its habitat
(Franklin 1990, 1991), indicating that grazing may be a significant
threat. Cattle grazing may be particularly harmful because it occurs
during a critical period for A. desereticus reproduction (i.e.,
flowering) (Stone 1992).
There are no known insect parasites or disease organisms that
significantly affect this species.
D. The Inadequacy of Existing Regulatory Mechanisms
Astragalus desereticus presently receives no protection or
consideration under any Federal, State or local law or regulation.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
By virtue of the limited number of individuals and range of the
single remaining population of Astragalus desereticus, this species may
be threatened with extinction from naturally occurring events. The
probability that a natural event such as a fire, drought, or disease
will cause extinction is greater for species having a small population
size and highly restricted range (Stone 1992). Rare species in the
genus Astragalus have exhibited low levels of genetic diversity when
compared to other more widespread, closely related species (Stone
1992). Low genetic variability may make it difficult for a species to
respond to changes in the environment and thus places it at greater
risk to extinction or additional range reduction.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Astragalus desereticus in determining to
propose this rule. Grazing and trampling by ungulates, residential
development, road widening, and naturally occurring events such as fire
variously threaten this species. Based on this evaluation, the
preferred action is to list A. desereticus as threatened. Threatened
status reflects the vulnerability of this species to factors that may
negatively affect the species and its limited habitat. While not in
immediate danger of extinction, A. desereticus is likely to become an
endangered species in the foreseeable future if present threats
continue or increase. Critical habitat is not being proposed for this
species for reasons discussed in the ``Critical Habitat'' section of
this proposal.
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
geographical area occupied by the species at the time it is listed,
upon 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 and implementing regulations (50 CFR
424.12) require that, to the maximum extent prudent and determinable,
the Secretary designate critical habitat at the time a 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. The Service determines that designation of
critical habitat for
[[Page 4210]]
Astragalus desereticus is not prudent due to lack of benefit to the
species.
Critical habitat receives consideration under section 7 of the Act
with regard to actions carried out, authorized, or funded by a Federal
agency (see Available Conservation Measures section). As such,
designation of critical habitat may affect activities on Federal lands
and may affect activities on non-Federal lands where such a Federal
nexus exists. Under section 7 of the Act, Federal agencies are required
to ensure that their actions do not jeopardize the continued existence
of a species or result in destruction or adverse modification of
critical habitat. However, both jeopardizing the continued existence of
a species and adverse modification of critical habitat have similar
standards and thus similar thresholds for violation of section 7 of the
Act. In fact, biological opinions that conclude that a Federal agency
action is likely to adversely modify critical habitat but not
jeopardize the species for which the critical habitat has been
designated are extremely rare. Also, the designation of critical
habitat for the purpose of informing Federal agencies of the locations
of Astragalus desereticus habitat is not necessary because the Service
can inform Federal agencies through other means. For these reasons, the
designation of critical habitat for A. desereticus would provide no
additional benefit to the species beyond that conferred by listing, and
therefore, such designation is not prudent.
Astragalus desereticus has an extremely narrow distribution in a
sandstone outcrop, totaling about 120 ha (300 ac) in one population. At
the present time, no other site is known to be occupied by or suitable
for this plant. The private landowners at Birdseye are aware of the
plant's presence and extremely limited habitat, as are the DWR managers
and others involved in management of the area. Therefore, designation
of critical habitat would provide no benefit with respect to
notification. In addition, given the species' narrow distribution and
precarious status, virtually any conceivable adverse effect to the
species' habitat would very likely jeopardize its continued existence.
Designation of critical habitat for A. desereticus would, therefore,
provide no benefit to the species apart from the protection afforded by
listing the plant as threatened.
Protection of the habitat of Astragalus desereticus will be
addressed through the section 4 recovery process and the section 7
consultation process. Although this plant occurs only on private and
State land, it may be affected by projects with Federal connections,
including potential Federal Highway Administration funding of road
widening. The Service believes that activities involving a Federal
action which may affect A. desereticus can be identified without
designating critical habitat, by providing Federal agencies with
information on the location of occupied habitat and information on the
kinds of activities which could affect the species. For the reasons
discussed above, the Service finds that the designation of critical
habitat for A. desereticus is 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 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 designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, 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 such a species or to 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 formal consultation with the Service. The single known
population of Astragalus desereticus is on State and privately owned
land. However, highway widening, which could adversely affect A.
desereticus due to the proximity of the plants to the highway, could be
partially funded by the Federal Highway Administration, thereby
providing an avenue for section 7 consultation.
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all threatened
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.71 for threatened plants, 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, or remove and reduce the species to
possession from areas under Federal jurisdiction. In addition, for
plants listed as endangered, the Act prohibits malicious damage or
destruction on areas under Federal jurisdiction, and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. Section 4(d) of the Act allows for the provision
of such protection to threatened species through regulation. This
protection may apply to this species in the future if such regulations
are promulgated. Seeds from cultivated specimens of threatened plants
are exempt from these prohibitions provided that their containers are
marked ``Of Cultivated Origin.'' Certain exceptions to the prohibitions
apply to agents of the Service and State conservation agencies.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened
species under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits are also available for
botanical and horticultural exhibition, educational purposes, or
special reasons consistent with the Act's purposes. With respect to
Astragalus desereticus, it is anticipated that few, if any, trade
permits would be sought or issued, since the species is not common in
the wild and is unknown in cultivation. Requests for copies of the
regulations regarding listed species and inquiries about prohibitions
and permits may be addressed to: Regional Director, U.S. Fish and
Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver,
Colorado 80225.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify to the maximum extent
practicable
[[Page 4211]]
those activities that would or would not constitute a violation of
section 9 of the Act if a species is listed. The intent of this policy
is to increase public awareness of the effect of a proposed listing on
proposed and ongoing activities within a species' range. This species
is not located on areas under Federal jurisdiction. 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 for scientific or recovery purposes). Such
activities on areas not under Federal jurisdiction would constitute a
violation of section 9 if conducted in knowing violation of State law
or regulations, or in violation of State criminal trespass law. Normal
highway maintenance, fence maintenance, and recreational hunting are
among the activities that would be unlikely to violate section 9.
Questions regarding whether specific activities would constitute a
violation of section 9, should this species be listed, should be
directed to the Field Supervisor, Utah Ecological Services Field Office
(see ADDRESSES section).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and 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. In
particular, comments are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to Astragalus desereticus;
(2) The location of any additional populations of this species and
the 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; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
A final determination of whether to list this species will take
into consideration the comments and any additional information received
by the Service. Such communications may lead to a final decision
document that differs from this proposal.
The Act provides for one or more public hearings on this proposal,
if requested. Requests for hearings must be received within 45 days of
the date of the publication of the proposal in the Federal Register.
Such requests must be made in writing and be addressed to the Field
Supervisor, Utah Ecological Services Field Office (see ADDRESSES
section).
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 Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
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.
References Cited
A complete list of all references cited herein is available upon
request from the Field Supervisor, Utah Ecological Services Field
Office (see ADDRESSES section).
Author: The primary author of this proposed rule is John L.
England, Utah Ecological Services Field Office (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 section 17.12(h) by adding the following, in alphabetical
order under Flowering Plants, to the List of Endangered and Threatened
Plants:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Astragalus desereticus........... Deseret milk-vetch.. U.S.A. (UT)........ Fabaceae........... T ........... NA NA
* * * * * * *
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[[Page 4212]]
Dated: December 30, 1997.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 98-2012 Filed 1-27-98; 8:45 am]
BILLING CODE 4310-55-P
