[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32015]
[[Page Unknown]]
[Federal Register: December 29, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding for
a Petition To Delist the Plant Potamogeton clystocarpus (Little Aguja
Pondweed)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day
finding for a petition to delist the endangered plant Potamogeton
clystocarpus (Little Aguja pondweed) under the Endangered Species Act
of 1973, as amended. This plant occurs only in Jeff Davis County,
Texas. The Service finds that the petition did not present substantial
scientific or commercial information indicating that delisting this
species may be warranted.
DATES: The finding announced in this document was made on November 25,
1994.
ADDRESSES: Data, information, comments, or questions concerning this
petition should be submitted to the State Administrator, U.S. Fish and
Wildlife Service, 611 East 6th Street, Room 407, Austin, Texas 78701.
The petition finding and supporting data are available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT:
Kathryn Kennedy, Botanist, at the above address (telephone 512/482-
5436; facsimile 512/482-5442.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that the Service make a
finding on whether a petition to list, delist, or reclassify a
specifies presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. To the maximum
extent practicable, this finding is to be made within 90 days of the
date the petition was received, and the finding is to be published
promptly in the Federal Register. If the finding is that substantial
information was presented, the Service also is required to promptly
commence a review of the status of the species involved.
The Service has made a 90-day finding on a petition to delist
Potamogeton clystrocarpus (Little Aguja pondweed). The petition, dated
February 9, 1994, was submitted by Mr. Topper Frank, representing the
Davis Mountains Trans-Pecos Heritage Association, and was received by
the Service on February 11, 1994. The petition was combined with
comments submitted on the draft Little Aguja Pondweed (Potamogeton
clystrocarpus) Recovery Plan (U.S. Fish and Wildlife Service 1993). The
petitioner contends that threats to the species identified at the time
of listing were highly speculative, improbable, and had no factual
basis. The petitioner disagreed that dam construction or chemical
contamination could occur, stated that the threats of drought and
flooding cannot be controlled, and stated that the Service presented no
evidence that the status of the plant is significantly different than
it ever was. The petition included no scientific or commercial data to
support the delisting request, nor were any supporting documents
attached.
The Service has reviewed the petition, other literature, and
information available in the Service's files. On the basis of the best
scientific and commercial information available, the Service finds the
petition does not present substantial information that delisting this
species may be warranted.
Potamogeton clystrocarpus is known from a single intermittent
stream in Little Aguja Canyon in the Davis Mountains, Jeff Davis
County, Texas. The only precisely recorded locality for the species is
on the Buffalo Trails Boy Scout Ranch (Scout Ranch) owned by the
Buffalo Trail Council, Inc., Boy Scouts of America. This population has
been periodically observed by botanists (Texas Natural Heritage
Program, pers. comm. 1992; Rowell 1983) and was last verified in late
1989 or 1990 (C. Rowell, Marfa, Texas, pers. comm. 1992). Severe
flooding occurred in the Canyon in 1991 and 1992 (D. Damon, Scout Ranch
manager, pers. comm. 1992). In 1992 botanists from the Service and from
Mercer Arboretum, Houston, Texas, searched the Scout Ranch, but could
not locate the species. The Service has been unable to gain access to
search for the species on other private property in the Little Aguja
Creek area. However, Wooley (1994) reports a recent unsuccessful search
by another botanist on property adjacent to the Scout Ranch. While the
Service is extremely concerned at the failure to locate the species
recently, it is hopeful the species may still exist if a few plants
were overlooked or if the species is able to re-establish from seeds or
vegetative propagules remaining in the streambed. The Little Aguja
Pondweed (Potamogeton clystrocarpus) Recovery Plan (U.S. Fish and
Wildlife Service 1994) establishes a search schedule for the species.
Annual searches will be conducted for 13 years and two additional
searches will be done at 3 year intervals. If no populations are
discovered during this period, Little Aguja pondweed will be considered
for delisting due to extinction.
The final rule listing Potamogeton clystrocarpus as an endangered
species was published in the Federal Register on November 14, 1991 (56
FR 57844). The Service finds that all of the threats identified in the
final rule remain a concern. These threats included periodic extreme
flood and drought; modification or loss of habitat through physical
changes in creek configuration such as dams, impoundments, or flood
control structures; reduction of water supply from wells, spring
capture, or diversion projects; and changes in water quality from
pollution through increased livestock or wildlife numbers in nearstream
areas, siltation, or chemical contamination. Some of these threats are
potential rather than immediate, and may occur infrequently. However,
due to its low population numbers, the species is vulnerable to
extinction from even occasional detrimental events. Identification of
potential threats is essential in the listing determination and in
later species protection. Identification of potential threats alerts
agencies, landowners, and managers about concerns so advance planning
can be done. Protective management practices developed and implemented
cooperatively can then prevent serious damage to the species.
References Cited
Rowell, C.M., Jr. 1983. Status report, Potamogeton clystrocarpus
Fern. U.S. Fish and Wildlife Service, Albuquerque, New Mexico.
U.S. Fish and Wildlife Service. 1993. Draft Little Aguja
Pondweed (Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and
Wildlife Service, Albuquerque, New Mexico. 54 pp.
U.S. Fish and Wildlife Service. 1994. Little Aguja Pondweed
(Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and Wildlife
Service, Albuquerque, New Mexico. 78 pp.
Wooley, B. 1994. Wide-open standoff. Dallas Life Magazine.
January 16, 1994. pp. 9-12, 16, 18.
Author
The primary author of this document is Kathryn Kennedy (see
ADDRESSES section).
Authority
The authority for this action is the Endangered Species Act (16
U.S.C. 1531 et seq.).
Dated: November 25, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-32015 Filed 12-28-94; 8:45 am]
BILLING CODE 4310-55-M
