[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10692-10697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6213]
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[[Page 10693]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB97
Endangered and Threatened Wildlife and Plants; Reclassification
of Mirabilis Macfarlanei (MacFarlane's Four-O'clock) From Endangered to
Threatened Status
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) makes a final
determination to reclassify the plant Mirabilis macfarlanei
(MacFarlane's four-o'clock) to threatened status. The species was
listed as an endangered species in 1979. This action is due to
improvement in the status of the species and the discovery of
additional populations. Mirabilis macfarlanei now occurs in three
geographically isolated units occupying approximately 163 acres in
Idaho and Oregon. The Snake River unit has approximately 4,752 plants
occupying about 25 acres. The Salmon River unit has approximately 1,660
plants occupying 68 acres. The recently discovered Imnaha River unit
has approximately 800 plants on 70 acres. In addition, the species
meets the minimum goals for reclassification identified in the
Mirabilis macfarlanei Recovery Plan approved in 1985. The determination
made under the Endangered Species Act of 1973 (Act), as amended, is
based on a review of all information currently available for the
species. The change in classification reflects an improvement in the
species' status. Reclassification will not significantly alter the
protection afforded this species under the Act.
EFFECTIVE DATE: April 15, 1996.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the U.S.
Fish and Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho
83705.
FOR FURTHER INFORMATION CONTACT: Dr. Robert L. Parenti, Botanist, at
the above Boise address (208) 334-1931.
SUPPLEMENTARY INFORMATION:
Background
Mirabilis macfarlanei is a member of the four-o'clock family
(Nyctaginaceae). It is a perennial plant with a stout, deep-seated
taproot. The stems are freely branched, swollen at the nodes so that
the plant forms hemispherical clumps 6 to 12 decimeters (24 to 47
inches (in.)) in diameter. The leaves are opposite, somewhat succulent,
green above and glaucescent (with a whitish or bluish cast) below.
Lower leaves are orbicular or ovate-deltoid in shape and become
progressively smaller toward the top of the stem. The inflorescence is
a four- to seven-flowered cluster subtended by an involucre. The
flowers are striking due to their large size, up to 25 millimeters (mm)
(1 in.) long and 25 mm (1 in.) wide, and showy magenta color. They are
funnel-form in shape with a widely expanding limb. The flower is five-
merous, with five stamens (male reproductive structures) generally
exerted. Flowering is from early May to early June, with mid-May
usually being the peak flowering period. Mirabilis macfarlanei is most
closely related to M. greenei Wats. of the Klamath (Siskiyou) region of
California and Oregon (Constance and Rollins 1936).
Mirabilis macfarlanei was named for Ed MacFarlane, a boatman on the
Snake River, who pointed out the plant along the Oregon side of the
Snake River to Rollins and Constance in 1936. These botanists described
the species later that year (Constance and Rollins 1936). Records
indicate MacFarlane's four-o'clock was collected along the Snake River
(Hells Canyon area) in 1939. In 1947, a second population was
discovered near the confluence of Skookumchuck Creek and the Salmon
River in Idaho by R.J. Davis. The Salmon River plants are
geographically isolated from the Snake River plants. Futile searches
for M. macfarlanei from 1947 to the mid-1970's led botanists to
consider that the species was possibly extinct. In May 1977, two plants
were found within the Snake River unit along the Snake River near
Cottonwood Landing on the Oregon side of the river. Within the Salmon
River unit, 25 plants were rediscovered in 1979 on 10 acres of Bureau
of Land Management (Bureau) land (Heidel 1979) at Skookumchuck and 700
plants were discovered in 1980 on 45 acres of Bureau land in the Long
Gulch area above the Salmon River, Idaho County, Idaho.
Since 1983, 6,485 additional plants have been located on
approximately 108 acres, bringing the total number to 7,212 plants
inhabiting approximately 163 acres in three disjunct areas. The Snake
River unit has about 4,752 plants occupying about 25 acres of habitat
that occurs along 6 miles of Hells Canyon on the banks and canyonland
slopes above the Snake River, Idaho County, Idaho and Wallowa County,
Oregon. Known localities within the Snake River unit include Cottonwood
Landing, Island Gulch, Kurry Creek, Kurry Creek-West Creek divide, Mine
Gulch, Tyron Bar, and West Creek. The Salmon River unit has about 1,660
plants occupying approximately 68 acres along 18 miles of banks and
canyonland slopes above the Salmon River, Idaho County, Idaho. Known
localities within the Salmon River unit include Coddy Draw, Henry's
Gulch, John Day Creek, Long Gulch, Lucas Draw, Lucile Caves,
Skookumchuck Creek, and Slicker Bar. The third unit, the Imnaha, was
discovered in 1983 and has approximately 800 plants on 70 acres of
habitat along 3 miles of canyonland slopes above the Imnaha River,
Wallowa County, Oregon. Within the Imnaha unit, only two localities,
Fence Creek and Buck Creek, have been documented. The plants generally
occur on talus slopes within canyonland corridors above the three
rivers.
Within the Snake River unit, all of the plants occur on Nez Perce
and Wallowa/Whitman National Forests lands. A majority of the plants
along the Snake River are within the Hells Canyon National Recreation
Area. Within the Salmon River unit, 935 plants (56 percent) inhabit 13
acres of private lands with the remaining plants and 55 acres of
habitat managed by the Bureau (Coeur d'Alene District). Within the
Imnaha unit, approximately 300 plants (37 percent) are located on 10
acres of private lands. The remaining 500 plants occur on 60 acres of
Wallowa/Whitman National Forest lands above Fence Creek, Wallowa
County, Oregon.
No other species of Mirabilis occurs in Hells Canyon and no member
of the regional flora resembles MacFarlane's four-o'clock. This large
plant is easily recognized by its large, green, succulent leaves that
are oppositely arranged on the stem. The cluster of large, magenta
flowers is unlike anything else in the flora of the northwest (Moseley,
Idaho Department of Fish and Game, pers. comm. 1992). The generic name,
Mirabilis, in Latin means wondrous.
Mirabilis taxa in the United States are mainly restricted to the
southwest. It is unusual for Mirabilis macfarlanei to exist as far
north as west-central Idaho and northeast Oregon. It is conjectured
that the genus expanded northward during a period of warmer climate. As
regional climates cooled, the species or its predecessor was, in
essence, ``trapped'' (Stebbins 1979). The Salmon River and Snake River
canyonland areas in northeastern Oregon and west-central Idaho provide
some of the longest growing seasons and mildest winter conditions of
the intermountainous region east of the Oregon Cascades. Mirabilis
macfarlanei is found on talus slopes in canyonland corridors where
[[Page 10694]]
the climate is regionally warm and dry with precipitation occurring
mostly in a winter-to-spring period. If M. macfarlanei originated in
northern areas during a warmer period and its path of retreat with
cooling climate was cut off by less favorable conditions, the warmer
climate (such as near Riggins, Idaho, in the Salmon River Canyon) would
explain the restricted distribution of the species.
Mirabilis macfarlanei generally occurs as scattered plants on open,
steep (50 percent) slopes of sandy soils, generally having west to
southeast aspects. However, during the 1984 season, a locality was
discovered having an east aspect. Talus rock underlies the soil in
which the plants are rooted. There are a variety of soils that support
this plant throughout its range. Sandy soils support some of the Long
Gulch populations of M. macfarlanei and are quite susceptible to
displacement by wind and water erosion.
The plant community is in a transition zone between Agropyron
spicatum-Poa sandbergii and Rhus glabra-Agropyron spicatum, consisting
of Agropyron spicatum (bluebunch wheatgrass), Bromus tectorum
(cheatgrass), Sporobolus cryptandrus (sand dropseed), Phacelia
heterophylla (scorpion weed), Lomatium dissectum (desert parsley),
Celtis reticulata (hackberry), Rhus glabra (smooth sumac), Achillea
millefolium (yarrow), and Chrysothamnus nauseosus (rabbit bush)
(Daubenmire 1970, Franklin and Dyrness 1973). Near Long Gulch, Idaho,
an Agropyron spicatum-Poa sandbergii community existed. The latter
species have, however, been replaced by the alien Bromus tectorum
(Johnson 1984).
From 1936 to 1979, Mirabilis macfarlanei was known only from two
localities with approximately 27 individual plants. Subsequently, M.
macfarlanei was added to the Federal List of Endangered and Threatened
Plants on October 26, 1979 (44 FR 61912), as an endangered species.
At the time Mirabilis macfarlanei was listed as endangered,
estimates of population size (number of plants) were based upon sparse
data. Prior to listing, several professional and amateur botanists
actively searched for the plant in several canyonlands in Idaho and
Oregon without success. Many botanists believed that the plant was
extremely rare and perhaps extirpated from likely habitat in Idaho and
Oregon.
The 1985 Mirabilis macfarlanei Recovery Plan includes the following
primary sub-objective for delisting the species:
Mirabilis macfarlanei may be considered recovered when a total
of 10 colonies (5 colonies, or any combination of 10, in each of 2
geographically distinct and isolated populations) are protected and
managed to assure their continued existence * * *
Specific criteria for reclassifying from endangered to threatened:
Mirabilis macfarlanei may be considered for reclassification to
threatened when four of the colonies in each population meet the
above criteria. The objectives will be reevaluated should new
colonies be discovered.
Recovery objectives have been reevaluated based on additional
information developed since 1985. For example, extant colonies (defined
as localities currently occupied by plants) that are being protected
and managed meet the criteria for reclassification from endangered to
threatened. An updated Recovery Plan will be prepared reflecting data
obtained since the plant was listed in 1979.
Previous Federal Action
Federal action on this plant taxon 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. In
that document Mirabilis macfarlanei was considered to be endangered.
On July 1, 1975, the Service published a notice in the Federal
Register (40 FR 27823) of its acceptance of this report as a petition
within the context of section 4(c)(2) (now section 4(b)(3)) of the Act,
and its intention to review the status of the plant taxa named therein.
As a result of that review, on June 16, 1976, the Service published a
proposed rule in the Federal Register (41 FR 24523) to determine
endangered status pursuant to section 4 of the Act for approximately
1,700 vascular plant taxa including Mirabilis macfarlanei. The list of
1,700 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.
General comments received in relation to the 1976 proposal are
summarized in an April 26, 1978, Federal Register publication (43 FR
17909). On October 26, 1979, the Service published a final rule listing
M. macfarlanei as an endangered species (44 FR 61912). A recovery plan
was developed and approved for M. macfarlanei on March 27, 1985.
Summary of Comments and Recommendations
In the August 26, 1993, proposed rule to reclassify the species
from endangered to threatened (58 FR 45085) and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final decision. Appropriate State agencies, county governments, city
governments, Federal agencies, scientific organizations, and other
interested parties were contacted and requested to comment. Newspaper
notices inviting public comments were published in the Idaho Statesman
on October 11, 1993, and in the Portland Oregonian and the Lewiston
Tribune on October 12, 1993.
One written comment was received during the 60-day comment period
following publication of the proposed rule. The comment was submitted
by the U.S. Forest Service. They were in favor of the reclassification
of the species to threatened status and provided information considered
in developing this rule.
Summary of Factors Affecting the Species
After a through review and consideration of all information
available, the Service has determined that Mirabilis macfarlanei should
be reclassified from an endangered to a threatened species. Section 4
of the Endangered Species Act (16 U.S.C. 1533) and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
set forth the procedures for reclassifying species on the Federal
lists. A species may be listed or reclassified as endangered or
threatened species due to one or more of the five factors described in
section 4(a)(1). These factors and their application to Mirabilis
macfarlanei Const. and Roll. (MacFarlane's four-o'clock) are as
follows:
A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range. During a 1991 plant survey,
threats identified in the Hells Canyon National Recreation Area portion
of the Snake River unit included resumed prospecting or mining near the
``Mine Gulch'' population of Mirabilis macfarlanei. Habitat destruction
due to vehicular travel along with surface disturbance associated with
mining could contribute to degradation of M. macfarlanei habitat. For
example, the widening of Road No. 493 in the vicinity of the Kurry
Creek population
[[Page 10695]]
has caused surface disturbance with talus material falling on plants.
Livestock damage was also observed during the 1991 survey, but
appeared to minimally impact the species. There was increased weedy
invasion in many areas because of previous grazing activity (Mancuso
and Moseley 1991). At the present time, all of the populations of
Mirabilis macfarlanei within the Snake River unit are on habitat
managed by the U.S. Forest Service and are directly or indirectly
protected through the section 7 consultation process.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Increased collecting pressure is a foreseeable
problem if the sites become known. The collection of plant material
could easily cause extirpation from many of the localities, especially
those with small numbers of plants. Other species of Mirabilis are
cultivated and prized as garden ornamentals. Mirabilis macfarlanei is
an attractive plant with a very showy magenta flower. For example,
Hitchcock et al. (1973) recommended that the ``rather attractive''
plants are worth a try in the wild garden. Statements such as this
could invoke actions that place the species in further jeopardy. The
Cottonwood Landing population occurs adjacent to a hiking trail along
the Snake River in Hells Canyon. Although the population is still
unprotected from casual collecting, there has been no apparent decline
of the species at this location. Because Hells Canyon is designated as
a National Recreation Area, there is a potential for increased
recreational use of the river trail and potential collecting.
C. Disease or Predation. Mule deer prefer forbs and some
utilization of Mirabilis macfarlanei has been observed (Johnson 1984).
In the West-Kurry Divide 3 location, some feeding has apparently been
done by deer and rabbits, but the plant population is not particularly
threatened by this use (Mancuso and Moseley 1991).
Studies were conducted by the Bureau between 1981 and 1983 to
determine the effect of domestic grazing on Mirabilis macfarlanei in
the Long Gulch and John Day sites of Idaho (Johnson 1984). The study
included both ``cattle grazing'' and ``no cattle grazing'' treatments.
The no cattle grazing treatment utilized a 45-acre exclosure at Long
Gulch. The grazing treatment was on Bureau land between Long Gulch and
John Day Creek. Both of these areas were historically used for fall and
spring range by sheep and cattle, with the primary grazing period
during spring from late March to early June. This coincides with the
peak flowering time for M. macfarlanei from mid-May to early June.
Bureau studies indicate that M. macfarlanei can be adversely affected
by high grazing pressure and concentrations of livestock (Johnson
1984). However, moderate to light grazing has caused no detrimental
impact to the plant (Johnson, pers. comm. 1992). Tueller and Tower
(1979) observed that exclosure sites previously subjected to heavy
livestock grazing and now provided protection produce high yields of
native forbs and grasses.
During the period of human settlement, much of the Salmon River
area was heavily grazed by domestic livestock, with a decline in
overall range condition and climax vegetation. Within the Salmon River
evolutionary unit, grazing is no longer a threat to populations of
Mirabilis macfarlanei. The Bureau has reduced grazing on Bureau lands
to a point where the plant species is not adversely affected. In the
John Day locale, one private landowner has reduced grazing in a
cooperative effort to protect M. macfarlanei plants and habitat (Riley,
Bureau of Land Management, pers. comm. 1992).
In the Snake River evolutionary unit, the Forest Service has two
grazing allotments in the vicinity where Mirabilis macfarlanei plants
are found. However, one allotment in the Tyron Bar area has not been
grazed for 12 years. The Hells Canyon National Recreation Area is
currently soliciting scoping comments on a proposal to stock portions
of the allotment. The proposal will exclude that habitat in the
vicinity of the Tyron Bar M. macfarlanei populations. In the second
allotment, the area in the vicinity of the West-Kurry Divide 1, 2, and
3, M. macfarlanei populations are not suitable for grazing due to the
lack of water. The Forest Service has also initiated a policy that
requires removing domestic livestock from M. macfarlanei sites before
the plant starts to grow in April (Stein, pers. comm. 1992). Currently,
general range improvement has taken place in the canyonlands in the
Snake River evolutionary unit where M. macfarlanei occurs, due
primarily to improved livestock grazing management.
As described in the 1979 final rule that listed Mirabilis
macfarlanei as an endangered species, at least two species of fungi had
been observed on the vegetative parts of the plants in Idaho. Current
information neither mentions nor references fungi species affecting
plant parts. The fungus identified as a threat in the 1979 listing has
not since been reported.
Insect depredation has also been shown to be detrimental to
Mirabilis macfarlanei. A lepidopteran (Lithariapteryx spp.) has been
discovered feeding on the buds and leaves of M. macfarlanei (Baker
1983). Examination of some of the nearly opened flowers revealed
ovaries, as well as other floral and vegetative parts, eaten away. In
addition, a second group of depredating insects, including at least two
species of spittle bugs, was so abundant on certain plants as to cause
the complete dieback of all emergent plant parts (Baker 1983). In many
cases, there was significant plant stunting where sizeable numbers of
spittle bugs were observed (Baker 1983, 1984). However, these effects
have not been observed at all sites.
D. The inadequacy of existing regulatory mechanisms. Habitat
Management Plans (HMP's) have been developed and implemented for
Mirabilis macfarlanei for three populations on Bureau lands in the
Salmon River unit to provide protection and quality habitat for the
species. The three HMP's are for the Long Gulch, Skookumchuck, and
Lucile Caves areas in Idaho County, Idaho, along the Salmon River. The
Long Gulch HMP area, which includes 45 acres, was fenced in 1981 to
exclude cattle grazing. Monitoring studies that began in 1983 used the
fenced area to evaluate and compare an ungrazed area with nearby grazed
lands. The Skookumchuck HMP, which includes 28 acres located between
Highway 95 and the old highway, was developed primarily as a protection
mechanism against herbicide use in the immediate area. In addition,
seasonal monitoring of M. macfarlanei is conducted within the
Skookumchuck HMP to determine the trends of the small population. The
Lucile Caves HMP was developed to monitor the success of transplanting
plants in the area and for use as a research area. Monitoring of the
Lucile Caves transplant project indicates that the transplanted
population has remained static.
Under the Oregon Endangered Species Act (ORS 564.100-564.135) and
pursuant regulations (OAR 603, Division 73), the Oregon Department of
Agriculture has listed Mirabilis macfarlanei as endangered (OAR 603-73-
070). The Oregon statute contains prohibitions against the ``take'' of
State-listed plants, but there are exceptions and significant
enforcement difficulties. Some private landowners in Idaho and Oregon
have cooperated with the Bureau and the Forest Service to assist in the
conservation of M. macfarlanei.
Currently, Idaho has not passed legislation to protect endangered
or
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threatened plants or developed an official State list of such plants.
E. Other natural or manmade factors affecting its continued
existence. In Bureau studies conducted between 1981 and 1983, no
Mirabilis macfarlanei plants were noted on moderately sloped areas
(less than 20 percent) that were historically used by livestock for
loafing and concentration areas (Johnson 1984). Cattle trampling damage
to plants was observed in the grazed area, but appeared limited. The
presence of livestock trampling the ground and causing soil erosion is
also a potential hazard. However, minimal erosion was noticed in the
Hells Canyon population locales, even though there was some grazing
(Mancuso and Moseley 1991).
Within the Snake River unit, most of the natural communities in the
Pittsburg portion of Hells Canyon have been degraded by the invasion of
alien weedy plant species, many of them annuals. Most of this
degradation has been aggravated by many years of intensive domestic
grazing pressures (Mancuso and Moseley 1991). Undesirable plants,
especially Bromus tectorum, have increased as a result of grazing
(Johnson 1984). Because of alien species invasion, the germination,
growth, and development of native plants are often impeded. Continued
invasion by weedy alien species has been an ongoing problem for
Mirabilis macfarlanei and many other native plant species. As a result,
the inhibition of M. macfarlanei growth and development has been noted
(Baker 1983).
The Service initiated a study to determine the allelopathic
(interference) effects of Bromus tectorum on Mirabilis jalapa (Peruvian
four-o'clock). Preliminary studies indicate that B. tectorum inhibits
the germination, growth, and development of M. jalapa plants. Other
selected plants used in laboratory studies showed inhibition similar to
M. jalapa (Owen 1984). Field studies indicate M. macfarlanei is
adversely affected when growing with dense stands of B. tectorum (Baker
1983; Johnson, pers. comm. 1992). This is especially true during the
earlier stages of growth.
To date, low seed viability for Mirabilis macfarlanei has been
reported; therefore, viable sexual propagation may be very low (Johnson
1984). Low seed viability reduces genetic variability within the
species. Primary reproduction of M. macfarlanei is rhizomatous and
plants are long-lived. Because M. macfarlanei plant populations appear
to be static after 12 years of data collection, ``natural'' increases
are probably very slow or non-existent.
Past indiscriminate herbicide spraying has had adverse effects on
the small number of Mirabilis macfarlanei plants located within the
Salmon River unit downslope from Highway 95. In addition, using
insecticides for insect control is detrimental to many of the known
pollinators of this species, including several genera of bees. Species
of the Bombus genus are apparently the most effective pollinators.
Remaining localities of Mirabilis macfarlanei with small numbers of
plants are subject to elimination from stochastic events. Species that
are reduced to very small numbers may also be subject to the additional
threat of poor genetic viability. Small numbers may reduce the ability
of M. macfarlanei to adapt to environmental changes or events that may
cause their extirpation. However, the smaller populations reported at
several localities in recent surveys have been characterized as
vigorous to extremely vigorous.
In summary, this species has been the focus of a 12-year recovery
program, and has benefitted from management and research
accomplishments. The amount of occupied habitat that has been located
in Idaho and Oregon since listing represents a three-fold increase due
to new discoveries. In addition, the number of known individuals has
increased two hundred sixty-fold from 27 plants, when listed, to
approximately 7,212 plants by 1991.
In 1990 and 1991, permanent plots for monitoring population trends
of Mirabilis macfarlanei were established at Tyron Bar above the Snake
River in Oregon, at Fence Creek on the Imnaha River in Oregon, and West
Creek on the Snake River in Idaho. A population model to determine
population viability will be developed (Kaye et al. 1990). Specific
parameters monitored in Idaho and Oregon include: (1) numbers at each
census plot, (2) cover, (3) average height, (4) flowering plants, (5)
phenology, (6) climatic data, (7) deer-, elk-, and cattle-use days, and
(8) other vegetation trend data. Permanent photo trend plots, belt
transects, and permanent plots have also been established.
Further recovery efforts for Mirabilis macfarlanei will depend on
cooperation with private landowners. The Service is exploring
opportunities for land exchanges to acquire private lands for public
ownership to further protect the species.
The discovery of additional localities on public lands, better
grazing management, and the static condition of existing populations in
both the Salmon River and the Snake River evolutionary units have
reduced the degree of threat to this species. The Service is encouraged
by the discovery of the third Mirabilis macfarlanei unit, with the
possibility of more locales being found within each of these
evolutionary units. The commitment by the Forest Service to monitor and
evaluate M. macfarlanei population trends on their lands has benefited
the species. The Forest Service has revised livestock grazing practices
at locations within the Snake River unit containing M. macfarlanei, so
that the plants can germinate and develop. Continued monitoring,
research, and revised grazing management activities by the Bureau at
locations containing M. macfarlanei in the Salmon River evolutionary
unit has also provided the Service with valuable information on M.
macfarlanei. The cooperation between the land management agencies and
private landowners has also added to the effort to conserve M.
macfarlanei plants and habitat.
In reviewing the progress toward recovery that this species has
made since listing, the Service concludes that Mirabilis macfarlanei is
no longer in danger of extinction throughout all or a significant
portion of its range. However, due to a lack of plant recruitment in
some areas, insect predation, alien plant invaders, and several small
populations, the Service finds that delisting this species is not
warranted at this time. In light of the foregoing threats, M.
macfarlanei may still be likely to become endangered in the foreseeable
future without further site protection and improved recruitment.
The Service has carefully assessed the best scientific and
commercial information available regarding past, present, and future
threats faced by the species in finalizing this rule. Based on this
evaluation, this rule reclassifies Mirabilis macfarlanei from
endangered to threatened status. Critical habitat is not being
designated for reasons discussed in the ``Critical Habitat'' section of
this rule.
Critical Habitat
Section 4(a)(3) of the Act, as amended, and implementing
regulations (50 CFR 424.12) require that, to the maximum extent prudent
and determinable, the Secretary designate critical habitat at the time
a species is listed. The Service finds that designation of critical
habitat is not prudent for Mirabilis macfarlanei at this time. 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
[[Page 10697]]
exist--(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species.
As discussed under Factor B above, Mirabilis macfarlanei is
vulnerable to taking and vandalism. Landowners have been alerted to the
presence of the plant without the publication of precise maps and
descriptions of critical habitat in the Federal Register, as required
in a proposal for critical habitat. The publication of such precise
maps and descriptions would increase the vulnerability of these plants
to take or vandalism and, therefore, could contribute to their decline.
As noted previously, M. macfarlanei is an attractive plant with
beautiful magenta flowers. Protection of the species' habitat will
continue to be addressed through the recovery process and through the
section 7 consultation process. Therefore, the Service finds that
designation of critical habitat for M. macfarlanei is not prudent at
this time because such designation would increase the species'
vulnerability to vandalism and collecting and because it is unlikely to
aid in the conservation of the species.
Effects of the Rule
This rule changes the status of Mirabilis macfarlanei from
endangered to threatened and formally recognizes that this species is
no longer in imminent danger of extinction throughout a significant
portion of its range. Reclassification to threatened does not
significantly alter the protection afforded this species under the Act.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any listed species. The consultation and other
requirements of section 7 apply equally to endangered and threatened
species. Most populations of Mirabilis macfarlanei occur on Forest
Service or Bureau lands. These agencies have been involved in recovery
and section 7 consultation activities for this species since it was
listed as endangered in 1979 and are likely to remain involved.
Recovery activities are not expected to diminish since the primary
objective of the recovery strategy is delisting of the species. The
recovery plan will be revised to reflect information acquired since the
original plan was approved in 1985.
Certain prohibitions that apply to endangered plants do not apply
to plants listed as threatened. The removal and reduction to possession
of Mirabilis macfarlanei from areas under Federal jurisdiction
continues to be prohibited under section 9 of the Act and 50 CFR 17.71.
However, the malicious damage or destruction of endangered plants on
areas under Federal jurisdiction, and the removal, cutting, digging up
or damage or destruction of endangered species on any other area in
knowing violation of any State law or regulation or in the course of
any violation of a State criminal trespass law will no longer
constitute a violation of section 9. Take of M. macfarlanei will
continue to be prohibited pursuant to the State of Oregon's Endangered
Species Act. The import, export, and interstate and foreign commerce
prohibitions of section 9 continue to apply to M. macfarlanei.
Pursuant to section 10 of the Act and 50 CFR 17.72, permits may be
issued to carry out otherwise prohibited activities involving
threatened plants. Such permits are available for scientific purposes
and to enhance the propagation or survival of endangered and threatened
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes and policy of the Act. Requests
for copies of the regulations regarding listed species and inquiries
about prohibitions and permits may be addressed to the U.S. Fish and
Wildlife Service, Ecological Services, Endangered Species Permits, 911
NE. 11th Avenue, Portland, Oregon 97232-4181 (503/231-2063; FAX 503/
231-6243).
This reclassification is not an irreversible commitment on the part
of the Service. Reclassifying Mirabilis macfarlanei to endangered would
be possible should changes occur in management, habitat, or other
factors that alter the present threats to the species' survival and
recovery.
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).
References Cited
A complete list of all references cited herein is available upon
request from the Boise Field Office (See ADDRESSES above).
Author: The primary author of this final rule is Dr. Andrew F.
Robinson Jr., U.S. Fish and Wildlife Service, 2600 SE 98th Avenue,
Suite 100, Portland, Oregon 97266 (503/231-6179).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended 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.
Sec. 17.12 [Amended]
2. Section 17.12(h) is amended by revising the entry in the
``Status'' column for Mirabilis macfarlanei under ``FLOWERING PLANTS''
to ``T'' instead of ``E'', and the entry in the ``When listed'' column
to read ``66,581''.
Dated: November 9, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 96-6213 Filed 3-14-96; 8:45 am]
BILLING CODE 4310-55-P
