99-32021. Endangered and Threatened Wildlife and Plants; Final Endangered Status for the Plant Fritillaria gentneri (Gentner's fritillary)  

  • [Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
    [Rules and Regulations]
    [Pages 69195-69203]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-32021]
    
    
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    DEPARTMENT OF THE INTERIOR
    
    Fish and Wildlife Service
    
    50 CFR Part 17
    
    RIN 1018-AE75
    
    
    Endangered and Threatened Wildlife and Plants; Final Endangered 
    Status for the Plant Fritillaria gentneri (Gentner's fritillary)
    
    AGENCY: Fish and Wildlife Service, Interior.
    
    ACTION: Final rule.
    
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    SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine 
    endangered status under the Endangered Species Act of 1973, as amended 
    (Act), for Fritillaria gentneri (Gentner's fritillary) ( = Mission-
    bells). This plant is found only in two counties, Jackson and 
    Josephine, in southwestern Oregon. This taxon is threatened by 
    residential development, agricultural activities, logging, road and 
    trail improvement, off-road vehicle use, collection for gardens, and 
    problems associated with small population size. This rule implements 
    the Federal protection and recovery provisions afforded by the Act for 
    Fritillaria gentneri.
    
    EFFECTIVE DATE: This final rule is effective January 10, 2000.
    
    ADDRESSES: The complete file for this rule is available for inspection, 
    by appointment, during normal business hours at the U.S. Fish and 
    Wildlife
    
    [[Page 69196]]
    
    Service, Oregon Fish and Wildlife Office, 2600 S.E. 98th Ave., Suite 
    100, Portland, Oregon 97266.
    
    FOR FURTHER INFORMATION CONTACT: Andrew Robinson, botanist, at the 
    above address or by telephone 503/231-6179.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Fritillaria gentneri is a red-flowered herb belonging to the lily 
    family (Liliaceae). Fritillaria gentneri was discovered by members of 
    the Gentner family from Medford, Oregon, who noticed that a red 
    fritillary brought into their garden (and seen in a flower arrangement 
    at a friend's house) was different from the relatively common ``red 
    bells,'' Fritillaria recurva. The new plant species, Fritillaria 
    gentneri, was given its scientific name by Helen M. Gilkey (1951). Its 
    taxonomic status was reviewed by Guerrant (1992), who addressed the 
    question of whether what is referred to as Fritillaria gentneri is, in 
    his words, ``a single historical entity''--a distinct species, or 
    whether different populations of similar plants might have arisen 
    independently from separate hybridization episodes between Fritillaria 
    recurva and Fritillaria affinis. He concluded that Fritillaria gentneri 
    is a separate species (Ed Guerrant, Berry Botanic Garden, in litt. 
    1998).
        Fritillaria gentneri has a fleshy bulb and a robust stem 5 to 7 
    decimeters (20 to 28 inches (in.)) high. The stems and leaves are 
    glaucous (having a bluish waxy coating) and are sometimes mottled with 
    purple. The leaves are lanceolate (arrow shaped), sometimes linear, 7 
    to 15 centimeters (cm) (3 to 6 in) long and 0.7 to 1.5 cm (0.3 to 0.6 
    in) wide at the base, and they are often whorled (in groups of three or 
    more at the same point on the stem). The flowers are solitary or in 
    bracted racemes (simply branched flowering stem with a small leaf at 
    the base of each branch), solitary or in groups of up to five on long 
    pedicels (the stalk supporting a single flower). The campanulate (bell-
    shaped) corolla is 3.5 to 4 cm (1.4 to 1.6 in) long and is reddish 
    purple with pale yellow streaks. The style (the slender elongated part 
    of the female reproductive organ) is deeply split, about half its 
    length. The only other red-flowered fritillary in the vicinity, 
    Fritillaria recurva or scarlet fritillary, has styles that are split 
    only one-fourth to one-third their length (Gilkey 1951; Peck 1961; 
    Meinke 1982).
        Fritillaria gentneri is restricted to southwestern Oregon, where it 
    is known only from scattered localities in the Rogue and Illinois River 
    drainages in Josephine and Jackson Counties. Fritillaria gentneri 
    occurs in dry, open woodlands of fir or oak at elevations below 
    approximately 1,360 meters (m) (4,450 feet (ft)). The species is highly 
    localized within a 48-kilometer (km) (30-mile (mi)) radius of 
    Jacksonville Cemetery. Seventy-three percent of the known plants of 
    Fritillaria gentneri are in a central cluster located within an 11-km 
    (7-mi) radius of the Jacksonville Cemetery. The remaining plants occur 
    as single individuals or occasional clusters of individuals sparsely 
    distributed across the landscape.
        We analyzed the status of this species and its population trend by 
    dividing its range into a longitude-latitude grid with macro plots or 
    cells as the finest unit of resolution. Each macro plot is 0.1 minute 
    of latitude by 0.1 minute of longitude, or approximately 0.1 square mi 
    (6.3 acres (ac) or 2.56 hectares (ha)). We numbered the macro plots to 
    make them easy to locate on topographic maps, using a numbering system 
    developed by Dr. Andrew F. Robinson Jr. (U.S. Fish and Wildlife Service 
    1998). Fritillaria gentneri was originally reported from 53 macro plots 
    but currently is extant in only 45 (or 85 percent of the original 
    number). It has been extirpated from 2 of the 40 macro plots in the 
    central cluster around Jacksonville Cemetery and from 6 of the 13 
    occurrences outside of the central cluster of the species.
        The rarity of Fritillaria gentneri was confirmed, to some extent, 
    by information that landowners submitted to us in response to our 
    proposal to list this plant as an endangered species (63 FR 13819). 
    This proposal was publicized through outreach efforts and in a news 
    story in the Daily Courier of Grants Pass. Twelve landowners informed 
    us that they had a red fritillary on their lands that they believed was 
    Fritillaria gentneri. The number of plants ranged from 1 to 125, with a 
    total of 333 plants reported. Two landowners provided fresh flowering 
    material (including material from the largest site), which in both 
    cases was determined to be Fritillaria recurva (scarlet fritillary). At 
    least half (179) of the 333 reported plants are likely to be 
    Fritillaria recurva. Three landowners provided photographs. Only one of 
    the photographs showed enough detail to allow identification of the 
    plant, which was Fritillaria recurva. This species' flowers are quite 
    similar to those of Fritillaria gentneri and the only reliable 
    distinguishing character is the depth to which the style is split. 
    Fritillaria recurva is much more widespread and abundant, but 
    Fritillaria gentneri does co-occur with it. To confirm whether 
    Fritillaria gentneri occurs at these 12 locations, field visits will be 
    necessary during the flowering season (April-June).
        It is difficult to get accurate counts of the number of non-
    flowering plants at a location for at least two reasons. Many of the 
    plants remain dormant for several years and do not produce above-ground 
    stems and flowers. Because a count for any site includes growing plants 
    only, it does not count the dormant plants. Secondly, actively growing 
    plants may be grazed early on in the growing season by deer, and thus 
    do not set flower and are impossible to locate and census. One survey 
    counted 60 flowering plants and 200 non-flowering plants (Rolle 1988b). 
    Knowing exactly how many plants are present is less important than 
    knowing the size of the breeding population, which is an important 
    variable. For long-term genetic evolutionary flexibility, a breeding 
    population needs to be greater than 500 plants (Falk and Hoslinger 
    1991). Even if all the new reports represent Fritillaria gentneri, the 
    entire species would barely exceed the minimum number of reproducing 
    plants needed for long-term genetic integrity. The minimum numbers of 
    plants needed to ensure the species' long-term survival in the face of 
    threats to its habitat are probably much greater.
        Ownership information is currently available for 50 of the 53 total 
    number of macro plots. Thirteen macro plots are on lands managed by the 
    Medford District of the Bureau of Land Management (BLM). Two are on a 
    right-of-way managed by the Oregon State Department of Transportation, 
    District 8. Three are on lands managed by Southern Oregon University. 
    Seven are on lands managed by the City of Jacksonville. The remaining 
    25 macro plots are privately owned land, so about half of this plant's 
    current distribution (20 out of 45 macro plots with extant populations) 
    is on private lands.
        Estimated numbers of flowering plants in the 45 macro plots ranged 
    from 1 (for 12 plots) to 100 (Pelton Road plot). The total number of 
    flowering plants in the 45 macro plots is 340. The amount of habitat 
    occupied within a macro plot varied from the space occupied by a single 
    plant (1 square m or 10.75 square ft) to 1.2 ha (3 ac). The counts of 
    flowering plants are likely to be very accurate because the plants are 
    so easy to spot; however, no estimates are available of how many 
    nonflowering or dormant plants might be in the same area.
        Fritillaria gentneri exists in elevations ranging from 
    approximately 180 to 1,360 m (600 to 4,450 ft). According to J. Kagan 
    (Oregon Natural Heritage Program, Portland, Oregon, pers. comm.
    
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    1997), Fritillaria gentneri is found in three habitats--oak woodlands 
    dominated by Quercus garryana (Oregon white oak); mixed hardwood forest 
    dominated by Quercus kelloggii (California black oak), Quercus 
    garryana, and Arbutus menziesii (madrone); and coniferous forests 
    dominated by Arbutus menziesii and Pseudotsuga menziesii (Douglas-fir). 
    Although there are thousands of acres of these three habitat types that 
    range from Grants Pass, Oregon to south of the Oregon-California 
    border, The Nature Conservancy classifies one of these three habitats, 
    the oak woodland, as endangered throughout its range; the other two 
    habitats are threatened. All three are threatened by urban and 
    agricultural development and fire suppression.
        Fritillaria gentneri typically grows in or on the edge of open 
    woodlands with Quercus garryana and Arbutus menziesii as the most 
    common overstory plants. Pinus ponderosa (western yellow pine) and 
    Pseudotsuga menziesii are also frequently present. Arctostaphylos 
    viscida (white-leaved manzanita), Ceanothus cuneatus (buckbrush), 
    Ceanothus velutinus (snowbrush), Cercocarpus betuloides (plume tree), 
    Quercus sadleriana (Sadler oak), and Rhus diversiloba (poison oak) are 
    commonly encountered understory shrub species. Herbs are typical of 
    those found in the Rogue Valley foothills--Arabis subpinnatifida (ashy 
    rock cress), Astragalus accidens var. hendersoni (Rogue River 
    milkvetch), Bromus ciliatus (fringed brome), Dodecatheon hendersoni 
    (Henderson's shootingstar), Festuca californica (California fescue), 
    Festuca idahoensis (Idaho fescue), Fragaria vesca var. bracteata (woods 
    strawberry), Fritillaria affinis (mission bells), Fritillaria recurva 
    (scarlet fritillary), Lewisia spp. (lewisia), Lomatium utriculatum 
    (fineleaf biscuit-root), Poa sandbergii (Sandberg's bluegrass), 
    Ranunculus occidentalis (western buttercup), Romanzoffia suksdorfii 
    (Suksdorf's romanzoffia), Senecio spp. (groundsel), Sidalcea spp. 
    (checker-mallow), Stipa lemmonii (Lemmon's needle grass), and Vicia 
    americana (American vetch). Fritillaria gentneri can also grow in open 
    chaparral/grassland habitat, which is often found within or adjacent to 
    the mixed hardwood forest type, but always where some wind or sun 
    protection is provided by other shrubs. It does not grow on extremely 
    droughty sites. For unknown reasons, much apparently potential habitat 
    within the species range is unoccupied.
        Rolle (1988e) stated that Fritillaria gentneri often grows in 
    places that have experienced human disturbance and eventually became 
    revegetated (e.g., old road cuts, alongside trails, bulldozer routes, 
    old mounds left from past mining or other earth-moving activities). At 
    least 50 percent of the sites Rolle (1988e) documented exhibited signs 
    of disturbance in the past. Rolle has not, however documented that 
    earth-moving activity has spread bulblets. The species seems to require 
    some infrequent but regular level of disturbance such as the historic 
    pattern of fire frequency in the Rogue and Illinois River valleys. It 
    is not an early colonizer of these sites but eventually takes advantage 
    of the opening or edge effect created. It appears to be a mid-
    successional species in that it establishes after other plants have 
    colonized a disturbed area, but before taller vegetation becomes 
    established and shades it out.
        Fritillaria gentneri is a perennial species that reproduces 
    asexually by bulblets. The bulblets break off and form new plants. 
    According to E. Guerrant (pers. comm. 1997), even though some 
    Fritillaria gentneri plants may form fruits and seeds if pollinated, no 
    good evidence exists that the seeds produced are fertile or viable. 
    Hummingbirds or bumble bees are presumed to be the primary pollinators 
    (E. Guerrant, in litt. 1998). Guerrant (1992) sampled eight clusters 
    and found a few plants that had seeds, but obvious embryos were not 
    documented. Guerrant stated that Fritillaria gentneri may be sterile, 
    that the plant is largely reproducing asexually, and that the sexual 
    reproduction of the plant needs to be better documented.
    
    Previous Federal Action
    
        Federal actions on Fritillaria gentneri began as a result of 
    section 12 of the Act, which directed the Secretary of the Smithsonian 
    Institution to prepare a report on plants considered to be endangered, 
    threatened, or extinct in the United States. This report, designated as 
    House Document No. 94-51, was presented to Congress on January 9, 1975, 
    and included Fritillaria gentneri as a threatened species. We published 
    a notice in the Federal Register on July 1, 1975 (40 FR 27823) of our 
    acceptance of the report of the Smithsonian Institution as a petition 
    within the context of section 4(c)(2) (petition provisions are now 
    found in section 4(b)(3) of the Act) and our intention to review the 
    status of the plant taxa named therein.
        We initially included Fritillaria gentneri as a ``category 2 
    candidate'' in a Notice of Review published on December 15, 1980 (45 FR 
    82510). Category 2 candidate species were taxa for which data in our 
    possession indicated listing may be appropriate, but for which 
    additional data on biological vulnerability and threats were needed to 
    support a proposed rule. On September 30, 1993 (58 FR 51166), we 
    published a Notice of Review upgrading this species to a category 1 
    status, meaning we had sufficient information on biological 
    vulnerability and threats to support a proposal to list Fritillaria 
    gentneri as an endangered or threatened species. Upon publication of 
    the February 28, 1996, Notice of Review (61 FR 7605), we ceased using 
    category designations and included Fritillaria gentneri as a candidate 
    species. Candidate species are those for which we have on file 
    sufficient information on biological vulnerability and threats to 
    support proposals to list them as threatened or endangered species. We 
    retained Fritillaria gentneri as a candidate species in the September 
    19, 1997, Review of Plant and Animal Taxa (62 FR 49398).
        On March 23, 1998, we published in the Federal Register (63 FR 
    13819) a proposed rule to list Fritillaria gentneri as an endangered 
    species. The processing of this final rule conforms with our Listing 
    Priority Guidance published in the Federal Register on October 22, 1999 
    (64 FR 57114). The guidance clarifies the order in which we will 
    process rulemakings. Highest priority is processing emergency listing 
    rules for any species determined to face a significant and imminent 
    risk to its well-being (Priority 1). Second priority (Priority 2) is 
    processing final determinations on proposed additions to the lists of 
    endangered and threatened wildlife and plants. Third priority is 
    processing new proposals to add species to the lists. The processing of 
    administrative petition findings (petitions filed under section 4 of 
    the Act) is the fourth priority. The processing of critical habitat 
    determinations (prudency and determinability decisions) and proposed or 
    final designations of critical habitat will no longer be subject to 
    prioritization under the Listing Priority Guidance. This final rule is 
    a Priority 2 action and is being completed in accordance with the 
    current Listing Priority Guidance. We have updated this rule to reflect 
    any changes in information concerning distribution, status, and threats 
    since the publication of the proposed rule.
    
    Summary of Comments and Recommendations
    
        In the March 23, 1998, proposed rule (63 FR 13819) and associated 
    notifications, we requested all interested parties to submit factual 
    reports or
    
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    information that might contribute to the development of a final listing 
    decision. We contacted and requested comments from appropriate Federal 
    and State agencies, county and city governments, scientific 
    organizations, private land owners, industrial land owners, and other 
    interested parties. Newspaper notices inviting public comments were 
    published in the Oregonian (with statewide circulation) on May 1 and 
    May 2, 1998.
        During the comment period following the publication of the proposed 
    rule, we received 18 written comments. Sixteen favored and two opposed 
    the listing of Fritillaria gentneri. Several commenters provided 
    information on the status of this plant at several sites and on 
    threats, notably from Centaurea solstitialis (yellow star thistle) and 
    herbicides used to control the thistle. The new information updated the 
    information presented in the proposed rule and is incorporated into 
    this final rule. Comments questioning or opposing the proposed rule 
    have been grouped into issues for discussion.
        Issue 1: One commenter opposed listing Fritillaria gentneri until a 
    thorough search has been conducted for additional populations in order 
    to get an accurate count of the total numbers of Fritillaria gentneri.
        Our Response: The Act requires us to make listing decisions using 
    the best available scientific and commercial data. Section 4 of the Act 
    mandates that we consider the threats to the species based on the five 
    listing factors (see the Summary of Factors Affecting the Species 
    section of this rule). The information currently available is 
    sufficiently complete and accurate and indicates that listing is 
    appropriate. While more plants may exist, the range of Fritillaria 
    gentneri is small, and the currently known number of flowering plants 
    is extremely small. Fritillaria gentneri has been searched for by 
    knowledgeable people for years, making it unlikely that a significant 
    number of new Fritillaria gentneri are yet to be discovered. Because 
    plants tend to suffer mass mortality from random environmental events 
    (such as fires, landslides, or shading out by encroaching trees), 
    plants are usually considered safe only when they occur in large 
    numbers, usually thousands of individual plants. Finding even several 
    hundred new plants would not greatly change the current status. 
    Information submitted by 12 landowners during the comment period on red 
    fritillary plants that might be Fritillaria gentneri (as detailed in 
    the ``Background'' section of this rule) did not confirm additional 
    plants, although it would be worthwhile to arrange field visits to the 
    sites if the landowners are interested. The landowners, for the most 
    part, indicated that they are protecting their plants. However, none of 
    the landowners indicated that they were managing the habitat in such a 
    manner as to slow or reverse the threat from shading of over-story 
    trees as the forests mature. Without some sort of disturbance to create 
    habitat within these oak woodlands, eventually Fritillaria gentneri 
    will disappear as the forests mature. Thus, if additional occupied 
    habitat is verified, it will probably be facing successional threats 
    and would not reduce the need for listing Fritillaria gentneri.
        Issue 2: One commenter opposed the listing because Fritillaria 
    gentneri was already listed under the State of Oregon's Endangered 
    Species Act. The commenter also questioned why the U.S. Fish and 
    Wildlife Service is involved with plants and listing Fritillaria 
    gentneri.
        Our Response: We considered all the existing regulatory mechanisms 
    applicable to the species Fritillaria gentneri on private, State, and 
    Federal lands throughout its range. These issues are discussed in 
    detail in this rule under the ``Summary of Factors Affecting the 
    Species'' (Factor D) section of this rule. We conclude that existing 
    regulatory mechanisms do not currently provide adequate protection for 
    this plant. The Federal listing of this species will protect it from a 
    variety of unauthorized activities including removal or reduction to 
    possession from areas under Federal jurisdiction or in violation of a 
    State law, including criminal trespass. The Federal Endangered Species 
    Act provides protection to listed plant species when landowners seek 
    Federal permits, funding, or Federal loans for a land development 
    project or other activities that may affect the species. Section 
    7(a)(2) 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 such a species or to destroy or adversely modify 
    its critical habitat.
        The Oregon Endangered Species Act directs the Oregon Department of 
    Agriculture (ODA) to maintain a strong program to conserve and protect 
    native plant species classified by the State as threatened or 
    endangered. The ODA is able to regulate the import, export, or 
    trafficking of State-listed plant species when they are in transit. 
    However, the ODA's ability to protect plant populations is limited to 
    ``land owned or leased by the state, or for which the state holds a 
    recorded easement.'' Nothing in the Oregon Endangered Species Act is 
    intended to require the owner of any commercial forest land or other 
    private land or Federal agencies to take action to protect a threatened 
    or endangered plant species on their lands. Thus, the protection 
    provided by the State listing for Fritillaria gentneri extends only to 
    those plant populations on State lands, which includes only 12 macro 
    plots or less than 24 percent of the macro plots occupied by 
    Fritillaria gentneri. As a result, Fritillaria gentneri occurring on 
    private lands receives no protection from their State status as 
    endangered. The only sites occupied by this plant that come under the 
    protection of the Oregon Endangered Species Act are at the Log Town 
    Cemetery on an Oregon Department of Transportation right-of-way, 
    Southern Oregon University lands, and lands managed by the City of 
    Jacksonville. Listing Fritillaria gentneri under the Federal Endangered 
    Species Act provides protection to all occurrences of Fritillaria 
    gentneri.
        Additionally, the trade prohibitions and permit requirements of the 
    Federal Endangered Species Act provide additional protection against 
    interstate trade in this plant. All prohibitions of section 9(a)(2) of 
    the Act, implemented by 50 CFR 17.61 for endangered 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, the Act prohibits malicious damage or destruction of 
    endangered plants on Federal lands or the removal, cutting, digging up, 
    damaging, or destroying of such plants in knowing violation of any 
    State law or regulation, including criminal trespass law. Certain 
    exceptions to the prohibitions apply to our agents and State 
    conservation agencies.
        As to why we are involved with plants and listing Fritillaria 
    gentneri, Congress passed the Act to provide protection for animal and 
    plant species that are threatened or endangered with becoming extinct. 
    The Act mandates the Secretary of the Interior to determine whether any 
    species is endangered or threatened. The Director of the Service is 
    responsible to the Secretary of the Interior for the administration of 
    the Act (16 U.S.C. Secs. 1531-1544). Additional information about our 
    involvement with plants can be found in the ``Previous Federal Action'' 
    section of this rule.
    
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    Peer Review
    
        In accordance with our peer review policy published July 1, 1994 
    (59 FR 34270), we solicited the expert opinions of appropriate and 
    independent specialists regarding pertinent scientific or commercial 
    data relating to the biological and ecological information for 
    Fritillaria gentneri. Comments provided by Richard Maudlin, Barbara 
    Mumblo (a private botanical consultant in Southwest Oregon), Dr. Ed 
    Guerrant (Conservation Director, the Berry Botanic Garden), and the 
    Klamath Siskiyou Wildlands Center supported our position that 
    Fritillaria gentneri was endangered, and their comments were 
    incorporated into this final rule.
    
    Summary of Factors Affecting the Species
    
        Section 4 of the Act and the regulations (50 CFR Part 424) that 
    implement the listing provisions of the Act lay out 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 
    Fritillaria gentneri (Gentner's fritillary) (= Mission-bells) are as 
    follows:
    
    A. The Present or Threatened Destruction, Modification, or Curtailment 
    of its Habitat or Range
    
        In the following discussion, the term ``development'' includes 
    housing construction, such as driveway placement, lots for sale, 
    cemetery expansion, trail maintenance, road widening, enlarging a 
    landfill, power line maintenance, water system construction, and 
    agricultural conversions.
        Fritillaria gentneri is found only in the rural foothills of the 
    Rogue and Illinois River valleys in Jackson and Josephine Counties, 
    Oregon. Within this range, the plant occurs as lone individuals or 
    small clusters of individuals sparsely distributed across the 
    landscape. Together these individuals and clusters are thought to form 
    either one single population of approximately 340 flowering plants or a 
    few smaller populations and isolated individuals. As stated previously, 
    this species was originally documented to occur in 53 locations (macro 
    plots). Between 1941 and the present, the plant has been extirpated 
    from 8 of 53 macro plots. Three locations, Grants Pass, Medford, and 
    Murphy, were vague locations and have never been relocated since the 
    original collections by Gentner (1941) and Gilkey (1951). We believe 
    that the populations at these three locations were probably destroyed 
    by development. Since 1982, Kagan and Rolle documented construction for 
    homes, schools, associated roads, driveways, and agricultural 
    conversions that destroyed all the plants at five locations that 
    include Lyman Mountain (Kagan 1982g and pers. comm. 1997; Rolle 1988f), 
    Merlin (Kagan 1982a and pers. comm. 1997), Ramsey Road (Kagan 1982f and 
    pers. comm. 1997), State Highway 238 (Gentner 1948, Kagan 1982c and 
    pers. comm. 1997), and Winona (Kagan 1982b and pers. comm. 1997).
        The threat of habitat loss to Fritillaria gentneri is evident when 
    both the size and the status of the scattered clusters throughout the 
    species' range are examined. Cluster sizes range from 1 plant to 100. 
    Of the 45 macro plots currently occupied by Fritillaria gentneri, only 
    8 are in an area of habitat equal to or greater than 0.4 ha (1 ac). 
    Many are in areas smaller than 0.04 ha (0.1 ac) (Service 1997). With 
    such limited area, a small amount of disturbance could extirpate all of 
    the plants in a local area.
        Habitat loss is the main threat to this species. Habitat loss due 
    to ongoing or future development may occur at 42 percent of the 
    occupied sites (19 macro plots--all within the central core area). 
    Ongoing development accounts for 13 percent (6 macro plots) of the 
    anticipated habitat loss with all the development but Pelton Road being 
    in the central core area. Future development may include loss of 
    habitat for the other 29 percent (13) of the occupied sites, with all 
    of this occurring within the central core area (U.S. Fish and Wildlife 
    Service 1997).
        Ongoing development is threatening Fritillaria gentneri in six 
    locations. Rolle (1988b) noted that at Pelton Road, outside the core 
    area, habitat was being destroyed as he was sampling the cluster. On 
    that site visit, Rolle (1988b) reported 60 flowering plants and 200 
    nonflowering plants, noting that it was the best example of Fritillaria 
    gentneri that he had seen. During his observation, he noted that brush 
    was being piled upon the plants for a road-widening project. Of the 48 
    plants flagged, 23 individuals were missing when Rolle (1988d) returned 
    to collect seeds. In 1990, Guerrant (1990) reported only 50 to 100 
    plants at the Pelton Road site. According to Wayne Rolle (U.S. Forest 
    Service (Forest Service), Ashland, Oregon, pers. comm. 1997), one-
    quarter of the cluster has been destroyed as a result of road widening. 
    It is not known what happened to the other missing plants. Within the 
    core area, at the Jackson County Landfill, at least half of the 
    Fritillaria gentneri plants in one of the five sites at the dump were 
    bulldozed as a result of road construction and dump expansion in 1988 
    (Rolle 1988d). Near the entrance to Jackson County Landfill, Rolle 
    (1988a) reported four plants present. In 1988, Rolle (1988d) flagged 
    three of these plants and reported that two of the plants were 
    bulldozed. Guerrant (pers. comm. 1997) reported that the dump site is 
    still expanding toward other Fritillaria gentneri plants, but the 
    expansion had stopped just short of destroying the rest of the plants.
        Future development is possible for about 13 locations (macro plots) 
    of the species (29 percent of the total) from the central core area 
    that includes plants growing at Bellinger Hill, Britt Grounds, 
    Jacksonville Cemetery, Placer Hill Drive, and Sterling Creek Road. 
    Rolle (pers. comm. 1997) stated that some of the Bellinger Hill plants 
    occurred in a private backyard. At the time of Rolle's sighting, that 
    section of the backyard was not maintained, therefore allowing 
    Fritillaria gentneri to grow. The other plants were in an area where 
    housing development was occurring (Rolle pers. comm. 1997). On Britt 
    Grounds, 110 plants of Fritillaria gentneri were documented in 1993 
    (Tomlins 1993) on 39 ha (97 ac) of land managed by BLM or Southern 
    Oregon University. Two development threats face the Britt Grounds 
    plants, trail construction and construction of a city waterline. Trail 
    construction will affect all of the plants, whereas the waterline 
    construction will impact half of the plants. Maxxon (1985) reported 
    that there were approximately 50 plants in the Jacksonville Cemetery 
    area, about half of them (18 to 24 plants) on private land east of the 
    northeast corner of the cemetery property. Kagan (pers. comm. 1997) 
    reported that the city is currently developed up to the eastern side of 
    the cemetery, and probably those 18 to 24 plants have been lost. The 
    property on the eastern side of the cemetery, part of an 1851 land 
    grant, has been divided into 2 to 4-ha (5 to 10-ac) parcels, and some 
    homes have been built and more are planned where Fritillaria gentneri 
    currently exists. One of these areas has already been excavated for a 
    home site (Maudlin in litt. 1998). Highway 238 also is proposed to 
    extend through the area where Fritillaria gentneri grows (Maudlin in 
    litt. 1998). Within the cemetery proper, Maxxon (1985) mapped 12 plants 
    growing on cemetery plots. As the cemetery expands, additional plants 
    may be destroyed during excavation; at least eight plants mapped by 
    Maxxon (1985) currently
    
    [[Page 69200]]
    
    grow on unused burial plots. West and uphill from the cemetery, Rolle 
    (1988g) documented approximately 15 plants at scattered stations along 
    the trail system. Any additional trail construction may destroy some of 
    these plants. In 1988, Rolle (1988g) found six flowering plants of 
    Fritillaria gentneri along Placer Hill Drive and flagged five of the 
    plants. On returning, he discovered that a new driveway was scheduled 
    to be constructed that would go through the Placer Hill Drive location 
    (Rolle 1988d). In 1992, some plants remained on the site (Guerrant 
    1992), but today the property is for sale (Rolle, pers. comm. 1997). 
    The property across the street was also for sale (Guerrant, pers. Comm. 
    1997). Similarly, Rolle (pers. comm. 1997) reported that the Sterling 
    Creek plants occur on 40.4 square m (less than 0.01 ac) and that this 
    area is threatened by development. The most threatened areas are on 
    private lands where development poses an immediate threat to the 
    population. Of the 45 extant macro plots, 20 occur on private lands and 
    are unlikely to persist over the long term.
        Desirable habitat on public lands is still being removed. Joan 
    Seevers (BLM, Medford, Oregon, pers. comm. 1997) confirmed that of the 
    13 sites containing plants on BLM lands, 7 were threatened with 
    logging. Tomlins (1993) stated that salvage logging had disturbed some 
    of the plants at Britt Grounds. Seevers (pers. comm. 1997) also 
    reported that Britt Grounds and Sterling Mine ditch had trails near the 
    cluster of plants. Hikers, bikers, and horseback riders all use the 
    trails and have the potential to trample and pick the plants. At the 
    Antioch Road 2 location, Henshel (1994c) noted that the plants were 
    located on both sides of a dirt bike trail.
    
    B. Overutilization for Commercial, Recreational, Scientific, or 
    Educational Purposes
    
        Many species of Fritillaria are cultivated. According to Gilkey 
    (1951), Fritillaria gentneri was successfully grown in the Gentner 
    family garden and the Gentners saw the species being used in flower 
    arrangements. This native lily is quite attractive, and furthermore, 
    the genus Fritillaria has many species (mostly from Eurasia) that are 
    widely cultivated, including guinea flowers and crown imperial. ``Bulb 
    fanciers the world over worship at the feet of this captivating clan of 
    lily-like plants'' (Kruckeberg 1996). Kruckeberg also comments that 
    ``the collecting of bulbs can no longer be countenanced as fritillaries 
    are fast disappearing from their native habitats,'' and he recommended 
    propagation from seed.
        The rarity of Fritillaria gentneri may attract horticulturists 
    seeking to cultivate rare species. Furthermore, the viability of the 
    seed set of Fritillaria gentneri is very poor, and the capsules tend to 
    be eaten by wildlife before seed can mature (Rolle 1988d). Lack of 
    viable seed increases the incentive for collectors to dig the bulbs. 
    Twenty-two (43 percent) of the known sites had 3 or fewer individuals. 
    Because the species occurs in small, isolated clusters, a collector 
    could decimate an entire clump in one gathering, extirpating the plant 
    from that area. Roadside populations of Fritillaria gentneri are 
    especially vulnerable to collection. Kagan (1982d), Rolle (1988c; pers. 
    comm. 1997), and Guerrant (pers. comm. 1997) documented that 40 percent 
    of the total estimated number of plants (136) have a good potential for 
    roadside collection. The plants were visible from the road at Logtown 
    Cemetery, Paradise Ranch Road, Pelton Road, Placer Hill Drive, 
    Poorman's Gulch, Sailor Gulch, Sterling Creek Road, and Wagon Trail 
    Drive and, when flowering, could attract attention (Guerrant pers. 
    comm. 1997). Collecting has been documented in Britt Grounds (Tomlins 
    1993, Seever pers. comm. 1997) along the trails. Disseminating 
    specific, sensitive location records can encourage illegal collection 
    (M. Bosch, Forest Service, in litt. 1997; B. Mumblo, in litt. 1998). 
    Overcollection of other lilies such as Lilium occidentale (western 
    lily), a federally listed endangered species (59 FR 42171), has been 
    documented by Ballantyne (1980) and Schultz (1989).
    
    C. Disease or Predation
    
        Fritillaria gentneri plants suffer from both disease and predation, 
    reducing their numbers and productivity. Secondary fungal infections 
    were present to some degree at the Cady Road, Jacksonville Cemetery, 
    Jackson County Dump, Pelton Road, Placer Hill Drive, and Wagon Trail 
    Drive sites (Rolle 1988d). Many of the plants that were tagged for seed 
    collection by Rolle had the capsules eaten by wildlife before the seed 
    capsules matured (Rolle 1988d)--of the 14 plants tagged at Wagon Trail 
    Drive, 9 plants had no capsules; at Cady Road, 4 of 4 flagged plants 
    had the capsules bitten off; at the Jacksonville Cemetery, 6 of 6 
    flagged plants had no mature capsules found on any part of the plant; 
    at Pelton Road, 19 of 48 flagged plants were knocked down, eaten, or 
    did not develop; and at Placer Hill Drive, 1 of 5 flagged plants had 
    the capsules bitten off.
    
    D. The Inadequacy of Existing Regulatory Mechanisms
    
        In 1963, the protection of Oregon's natural botanical resources was 
    initiated with the passage of the Oregon Wildflower Law (ORS 564.010-
    564.040). This law was designed to protect showy plants such as lilies, 
    shooting stars, orchids, and rhododendrons from collection by 
    horticulturists interested in these species' domestication. The law 
    prohibits the collection of wildflowers from within 60.9 m (200 ft) of 
    a State highway. The Oregon Wildflower Law carries minimal penalties 
    and is rarely enforced. As a means of protecting Fritillaria gentneri, 
    it has minimal effectiveness.
        In 1987, Oregon Senate Bill 533 (ORS 564.100) was passed to augment 
    the legislative actions available for the protection of the State's 
    threatened and endangered species, both plant and animal. This bill, 
    known as the Oregon Endangered Species Act, mandated responsibility for 
    threatened and endangered plant species in Oregon to the ODA. The 
    Oregon Endangered Species Act directs the ODA to maintain a strong 
    program to conserve and protect native plant species threatened or 
    endangered with extinction.
        State-listed as endangered, Fritillaria gentneri receives 
    protection on State-managed lands under the Oregon Endangered Species 
    Act. Although the ODA is able to regulate the import, export, or 
    trafficking of State-listed plant species (under ORS 564.120), their 
    ability to protect plant populations is limited to State-owned or 
    State-leased lands. Private land owners are not required to protect 
    State-listed species. As a result, Fritillaria gentneri occurring on 
    private lands receives no protection from its State status as 
    endangered. The only sites with this plant that fall under protection 
    of the Oregon Endangered Species Act are at the Log Town Cemetery on an 
    Oregon Department of Transportation right-of-way, Southern Oregon 
    University lands, and lands managed by the City of Jacksonville.
        BLM manages lands occupied by Fritillaria gentneri. Although no 
    conservation agreement has been developed with the BLM that 
    specifically notes Fritillaria gentneri, the species was given some 
    protection through a general conservation agreement that applies to all 
    Federal candidate species. As noted in factor A above, however, 
    activities on BLM lands threaten the plant.
        Fritillaria gentneri is classified by the Oregon Natural Heritage 
    Program as a G1 category species, which identifies
    
    [[Page 69201]]
    
    this species as one that is threatened with extinction throughout its 
    entire range. This designation provides recognition but no protection.
        There are several other regulations enacted by the State of Oregon 
    that provide protective measures for federally listed threatened and 
    endangered species. Oregon Administrative Rules (OAR), Chapter 340, 
    Division 94 (OAR 340-094-0030) addresses location restrictions for 
    solid waste and municipal solid waste landfills. OAR Chapter 340, 
    Division 95 (OAR 340-095-0010) addresses location restrictions for 
    disposal sites on nonmunicipal land other than municipal solid waste 
    landfills. Both OAR 340-094-0030 and OAR 340-095-0010 state that no 
    person shall establish, operate, expand or modify a landfill in a 
    manner that will cause or contribute to the actual or attempted--(1) 
    harming collecting, or killing of endangered or threatened species of 
    plants, fish, or wildlife; (2) direct or indirect alteration of 
    critical habitat that appreciably diminishes the likelihood of the 
    survival and recovery of threatened or endangered species using that 
    habitat. Five of the 45 macro plots (at least 27 plants) of Fritillaria 
    gentneri would fall under the protective measures of OAR 340-094-0030.
        OAR 141-089-0015 General Authorization for Certain Road 
    Construction Projects provides protective measures by stating road 
    construction activities (e.g., repairing, widening, replacing, 
    realigning) shall not adversely affect State or Federal threatened or 
    endangered species or their critical habitat. The population of 
    Fritillaria gentneri along State highway 238 is covered by the 
    protective measures of OAR 141-089-0015.
        OAR 635-415-0030 Fish and Wildlife Habitat Mitigation Goals and 
    Standards provides protection for ``Habitat Category 1.'' ``Habitat 
    Category 1'' is a State of Oregon classification for habitat that is of 
    exceptional value for an evaluation species and is irreplaceable and 
    unique; or that is essential habitat of any State of Oregon listed 
    threatened or endangered species; or that is the critical habitat as 
    defined in the Act of any federally listed threatened or endangered 
    species. OAR 635-415-0030 states that the mitigation goal is no loss of 
    either habitat units or habitat value and that the Oregon Department of 
    Fish and Wildlife shall act to protect ``Category 1'' habitats by 
    recommending or requiring--(1) avoidance of impacts through 
    alternatives to proposed development action, or (2) no authorization of 
    the proposed development action if impacts cannot be avoided. Thirty-
    two macro plots of Fritillaria gentneri would be protected under this 
    State law.
        Despite being currently State-listed as endangered and coverage 
    from other State regulations, populations of Fritillaria gentneri on 
    private lands are still being destroyed. Privately held sites 
    constitute a significant portion of this species' range and play a 
    substantial role in its continued existence.
    
    E. Other Natural or Manmade Factors Affecting its Continued Existence.
    
        Fire suppression is causing Fritillaria gentneri's preferred open 
    oak woodland habitat to become more thickly wooded and less grassy, 
    excluding the species. At the same time, the increase of homes in the 
    area makes prescribed burning difficult. According to Rolle (pers. 
    comm. 1997 ) and Kagan (pers. comm. 1997), Fritillaria gentneri grows 
    best in forest openings. Closure of the forest canopy will shade the 
    plants. The forest canopy at the Wagon Trail site is currently being 
    closed by encroaching Douglas-fir and madrone, threatening the 
    continued occupancy of this macro plot by its 14 Fritillaria gentneri 
    plants (Rolle, pers. comm. 1997).
        Oak woodland requires a frequent, low-intensity fire management 
    regime to maintain the open canopy. Southwestern Oregon averages 500 
    dry lightening strikes a month during drought conditions in the summer, 
    creating a natural fire frequency of every 12 to 15 years. As the area 
    developed, 50 to 60 years of fire suppression ensued. This suppression 
    essentially transformed the traditional oak woodlands with a grassy 
    understory to oak woodlands with a shrub understory. With the current 
    trend toward rural development, restoring fire to the habitat has now 
    become increasingly difficult. Therefore, much of the habitat of 
    Fritillaria gentneri has not been removed but has changed to densely 
    closed woodland with a dry shrub understory. Prescribed fire would be a 
    good tool in managing for Fritillaria gentneri on BLM lands. However, 
    given that fire suppression will likely continue, the thickening shrub 
    understories pose a threat to Fritillaria gentneri on both private and 
    BLM lands.
        Another threat to Fritillaria gentneri is the possibility of 
    decreased vigor and viability due to individual plants being 
    distributed as separated individuals or in clusters ranging in size 
    only up to 100 plants. Small numbers increase the risk from random 
    losses of plants, and small numbers combined with widely separated 
    individuals increase the risk of random loss of genetic diversity owing 
    to founder effects or inbreeding. If a population suffers from 
    inbreeding depression, then its viability may be compromised. The 
    effects of inbreeding in populations have been used to recommend a 
    general effective minimal viable population (MVP) of 50 individuals 
    (Falk and Hoslinger 1991) to maintain genetic diversity. For long-term 
    evolutionary flexibility, the authors recommend a MVP of 500. That 
    means that any population below 50 is subject to inbreeding depression 
    over the short-term and any population under 500 will suffer over the 
    long-term. Even though the size at which a population begins to face 
    severe inbreeding depression is still contested, the negative genetic 
    effects of this phenomenon to a small population of 340 plants become 
    difficult to ignore. Guerrant (pers. comm. 1997) stated that he sampled 
    eight clusters of Fritillaria gentneri plants and did not find one 
    embryo. He stated that the plants are probably sterile. The plant is 
    largely reproducing asexually, which could be a result of the small 
    population size.
        With only 1 of the 45 sites containing 100 flowering individuals, 4 
    sites having 11 to 34 flowering individuals, and the remaining 40 sites 
    having only 10 or fewer flowering individuals of Fritillaria gentneri, 
    the threat of extinction due to naturally occurring demographic and 
    environmental events reduces the viability of the species as a whole. 
    Because most Fritillaria gentneri sites occupy small areas, naturally 
    occurring environmental events could also play a role in extirpation. 
    Small clusters can disappear with one environmental event, such as 
    erosion. The sites are small and isolated from each other due to 
    habitat fragmentation. This isolation could inhibit re-colonization to 
    other suitable areas and could result in a permanent loss of localized 
    occurrences once they fall below a critical level.
        Herbicide spraying could extirpate small, localized occurrences 
    along roadsides. Approximately 29 percent (13) of the plant occurrences 
    (macro plots) are reported along roadsides and could be affected or 
    potentially extirpated by spraying or other roadside maintenance 
    activities. In particular, herbicides could potentially to be used to 
    control Centaurea solstitialis (yellow star thistle), a noxious weed 
    that is increasingly abundant in southwestern Oregon, often occurring 
    on roadsides and brought in on equipment with new housing development 
    to locations where Fritillaria gentneri occur or could occur (B. Mumblo 
    in litt. 1998).
        In developing this final rule, we have carefully assessed the best 
    scientific and commercial information available
    
    [[Page 69202]]
    
    regarding the past, present, and future threats faced by this species. 
    Based on this evaluation, we find that Fritillaria gentneri should be 
    listed as endangered. This plant is found only in two counties, Jackson 
    and Josephine, in southwestern Oregon. Habitat loss is the main threat 
    to this species. Habitat loss due to ongoing or future development may 
    occur at 42 percent (19) of the central core area's occupied sites. 
    This taxon is threatened by residential development, agricultural 
    activities, forestry activities, and road and trail improvement. Other 
    threats include offroad vehicle use, collecting the species for 
    gardens, disease, and predation. Small population size and limited 
    distribution make this taxon particularly vulnerable to extinction from 
    reduced reproductive vigor or from random environmental events. Because 
    this taxon is in danger of extinction throughout all or a significant 
    portion of its range, it meets the definition of endangered as defined 
    by the Act. Therefore, the determination of endangered status for 
    Fritillaria gentneri (Gentner's fritillary) is appropriate.
    
    Critical Habitat
    
        Critical habitat is defined in section 3(5)(A) of the Act, as 
    amended, as: (i) the specific areas within the geographical area 
    occupied by a species, at the time it is listed in accordance with the 
    provisions of section 4 of 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 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 that are 
    necessary to bring the species to the point at which the measures 
    provided pursuant to the Act are no longer necessary.
        We are not at this time making a critical habitat determination for 
    Fritillaria gentneri. The Final Listing Priority Guidance for FY 2000 
    (64 FR 57114) states, that the processing of critical habitat 
    determinations (prudency and determinability decisions) and proposed or 
    final designations of critical habitat ``will no longer be subject to 
    prioritization under Listing Priority Guidance. Critical habitat 
    determinations, which were previously included in final listing rules 
    published in the Federal Register, may now be processed separately, in 
    which case stand-alone critical habitat determinations will be 
    published as notices in the Federal Register. We will undertake 
    critical habitat determinations and designations during FY 2000 as 
    allowed by our funding allocation for that year.'' As explained in 
    detail in the Listing Priority Guidance, our listing budget is 
    currently insufficient to allow us to immediately complete all of the 
    listing actions required by the Act. Deferral of the critical habitat 
    determination for Fritillaria gentneri will allow us to concentrate our 
    limited resources on higher priority critical habitat and other listing 
    actions, while allowing us to put in place protections needed for the 
    conservation of Fritillaria gentneri without further delay. The 
    proposed critical habitat determination for Fritillaria gentneri will 
    be published in the Federal Register subsequent to this final rule.
    
    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 
    activities. Recognition through listing encourages and results in 
    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 taking and harm of 
    animals and 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 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)(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 
    consultation with us. The principal Federal agency expected to have 
    involvement with Fritillaria gentneri is the BLM, which manages many of 
    the sites where this species occurs.
        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 for endangered 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, the Act 
    prohibits malicious damage or destruction of endangered plants on 
    Federal lands or the removal, cutting, digging up, damaging, or 
    destroying of such plants in knowing violation of any State law or 
    regulation, including 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 for endangered plants 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. We anticipated that few trade 
    permits would ever be sought or issued for Fritillaria gentneri because 
    the species is not common in cultivation or in the wild.
        Our policy, published in the Federal Register (59 FR 34272) on July 
    1, 1994, is to identify to the maximum extent practicable when a 
    species is listed those activities that would or would not be a 
    violation of section 9 of the Act. Such information clarifies the 
    potential impacts of a species' listing on activities within its range.
        We believe that, based on the best information available at this 
    time, the following actions will not likely result in a violation of 
    section 9, provided these activities are carried out in accordance with 
    existing laws and regulations, including State laws and regulations, 
    and permit requirements:
        (1) Activities authorized, funded, or carried out by Federal 
    agencies (e.g., grazing management, agricultural conversions, flood and 
    erosion control, residential development, recreational trail 
    development, road construction, hazardous material containment and 
    cleanup activities, prescribed burns, pesticide/herbicide application, 
    construction or maintenance of pipelines or utility lines), when 
    conducted in accordance with any consultation under section 7 of the 
    Act;
        (2) Casual, dispersed human activities on foot or horseback (e.g., 
    birding,
    
    [[Page 69203]]
    
    sightseeing, photography, camping, or hiking);
        (3) Activities on private lands that do not require Federal 
    authorization and do not involve Federal funding, such as grazing 
    management, agricultural conversions, flood and erosion control, 
    residential development, road construction, and pesticide/herbicide 
    application when consistent with label restrictions;
        (4) Residential landscape maintenance, including the clearing of 
    vegetation around one's personal residence as a firebreak.
        We believe that the following might potentially result in a 
    violation of section 9; however, possible violations are not limited to 
    these actions alone:
        (1) Collection, damage, or destruction of Fritillaria gentneri on 
    Federal lands without a Federal permit. Fritillaria gentneri occurs on 
    BLM lands.
        (2) Collection, damage, or destruction of this species on non-
    Federal land if conducted in knowing violation of Oregon State law or 
    regulations, or in violation of Oregon State criminal trespass law. The 
    Oregon State Endangered Species Act protects Fritillaria gentneri on 
    State lands or rights-of-way and also prohibits import, export, or 
    trafficking of this species.
        (3) Interstate or foreign commerce and import or export without 
    previously obtaining an appropriate permit. Permits are available for 
    purposes of scientific research and enhancement or survival of the 
    species.
        Questions regarding whether specific activities will violate 
    section 9 of the Act should be directed to the Field Supervisor of our 
    Oregon State Office (see ADDRESSES section). Requests for copies of the 
    regulations for listed plants and inquiries about prohibitions and 
    permits may be addressed to the U.S. Fish and Wildlife Service, 
    Ecological Services, Permits Branch, 911 N.E. 11th Avenue, Portland, 
    Oregon 97232-4181 (telephone 503/231-2063; facsimile 503/231-6243).
    
    National Environmental Policy Act
    
        We have determined that we do not need to prepare Environmental 
    Assessments and Environmental Impact Statements, as defined under the 
    authority of the National Environmental Policy Act of 1969, in 
    connection with regulations adopted pursuant to section 4(a) of the 
    Endangered Species Act of 1973, as amended. We published a notice 
    outlining our reasons for this determination in the Federal Register on 
    October 25, 1983 (48 FR 49244).
    
    Paperwork Reduction Act
    
        This rule does not contain any information collection requirements 
    for which Office of Management and Budget (OMB) approval is required 
    under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). An 
    information collection related to the rule pertaining to permits for 
    endangered and threatened species has OMB approval and is assigned 
    clearance number 1018-0094. An agency may not conduct or sponsor, and a 
    person is not required to respond to, a collection of information 
    unless it displays a currently valid OMB control number. This rule does 
    not alter that information collection requirement.
    
    References
    
        A complete list of all references cited in this rule, as well as 
    others, is available upon request from our Oregon Fish and Wildlife 
    Office (see ADDRESSES section).
        Author. The primary author of this final rule is Andrew F. Robinson 
    Jr., botanist, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife 
    Office (see ADDRESSES section).
    
    List of Subjects in 50 CFR Part 17
    
        Endangered and threatened species, Exports, Imports, Reporting and 
    recordkeeping requirements, Transportation.
    
    Final Regulation Promulgation
    
        For the reasons outlined in the preamble, we 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:
    
    
    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
     
                       *                  *                  *                  *                  *                  *                  *
    Fritillaria gentneri.............  Gentner's fritillary  U.S.A. (OR)........  Liliaceae..........  E                       672           NA           NA
     
                       *                  *                  *                  *                  *                  *                  *
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Dated: November 2, 1999.
    Jamie Rappaport Clark,
    Director, Fish and Wildlife Service.
    [FR Doc. 99-32021 Filed 12-9-99; 8:45 am]
    BILLING CODE 4310-55-P
    
    
    

Document Information

Effective Date:
1/10/2000
Published:
12/10/1999
Department:
Fish and Wildlife Service
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-32021
Dates:
This final rule is effective January 10, 2000.
Pages:
69195-69203 (9 pages)
RINs:
1018-AE75
PDF File:
99-32021.pdf
CFR: (1)
50 CFR 17.12