[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13819-13825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7481]
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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; Proposed
Endangered Status for the Plant Fritillaria Gentneri (Gentner's
fritillary)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act), for the plant, Fritillaria gentneri (Gentner's
fritillary (=Mission-bells)). It is endemic to Oregon and only found in
two counties, Jackson and Josephine. This taxa is threatened by
residential development, agricultural activities, silvicultural
activities, road and trail improvement, off-road vehicle use,
collection for gardens, and increased risk of extinction due to small
numbers. This proposal, if made final, would implement the Federal
protection and recovery provisions afforded by the Act for this plant.
The Service seeks data and comment from the public on this proposal.
DATES: Comments from all interested parties received by May 22, 1998
will be considered by the Service. Public hearing requests must be
received by May 7, 1998.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, Oregon State Office, U.S. Fish and
Wildlife Service, 2600 SE 98th Ave. Suite 100, Portland, OR 97266.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT: Andrew F. Robinson Jr., Botantist,
(see ADDRESSES section) (telephone 503/231-6179; facsimile 503/231-
6179).
SUPPLEMENTARY INFORMATION:
Background
Fritillaria gentneri was discovered by the Gentner family and was
first named by Helen M. Gilkey (1951). The original location was in the
vicinity of Jacksonville, Jackson County, Oregon. It was previously
considered a form of Fritillaria recurva but Guerrant (1992) identified
Fritillaria gentneri as a separate species.
Fritillaria gentneri is in the family Liliaceae. It has a fleshy
bulb, robust stem, is 5 to 7 decimeters (dm) (19.7 to 27.6 inches (in))
high, glaucous (having a coating of bluish caste), and sometimes purple
mottled. The leaves are lanceolate (arrow shaped), sometimes linear, 7
to 15 centimeters (cm) (2.8 to 5.9 in) long, 0.7 to 1.5 cm (0.3 to 0.6
in) wide at the base, and they are often whorled. The flowers are
solitary or in bracted racemes (simply branched flower stem with a
small simple leaf at the base of each branch), one 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 (Gilkey 1951, Peck 1961, Meinke 1982).
Fritillaria gentneri (Gentner's fritillary) is endemic to Oregon
and known only from scattered localities in southwestern Oregon, along
the Rogue and Illinois River drainages in Josephine and Jackson
counties. Fritillaria gentneri occurs in rather dry open woodlands of
fir or oak at elevations below approximately 1,360 meters (m) (4,450
feet (ft)). The species is highly localized in a 48 kilometer (km) (30
mile (mi)) radius of Jacksonville Cemetery. Seventy-three percent of
the population of Fritillaria gentneri is distributed as a central
cluster of individuals located within an 11 km (7 mi) radius of the
Jacksonville Cemetery. The remaining plants occur as outliers of single
individuals or occasional clusters of individuals sparsely distributed
across the landscape.
To analyze the species' trend and status given this sparse
distribution, Fritillaria gentneri has been documented within 53 macro
plots, which cover all known occurrences within the species range. The
macro plot grid is based on dividing the landscape up into blocks
starting initially with the 7.5' quadrangle map grid developed by the
U.S. Geological Survey (USGS). Each 7.5' quadrangle map is further
divided up into 225 blocks that are 0.5 by 0.5 minutes of latitude and
longitude and approximately 64 hectares (ha) (157 acres (ac)) in size.
Each of the 64 ha blocks are further subdivided into 25 cells (macro
plots) that are 6 by 6 seconds of latitude and longitude (0.1 minute of
latitude or longitude or approximately 0.1 mi (2.56 ha (6.3 ac) each).
Each of the macro plots gets a unique code based on its latitude and
longitude locations. Part of the code is based on USGS Ohio coding
system for quadrangle maps. The rest of the code for identifying each
of the 5,625 macro plots found within each USGS quadrangle map was
developed by Dr. Andrew F. Robinson Jr. This system can be used any
place in the United States to determine the macro plot code for a
collection point based on the collection's point latitude and
longitude. Fritillaria gentneri has been reported from all 53 of the
identified macro plots but is extant in only 85 percent (45) of the
macro plots. It has been extirpated from 2 of the 40 macro plots found
within the central cluster, and nearly half (6) of the 13 occurrences
outside of the central cluster of the species.
Thirteen of the macro plots are on lands managed by the Medford
District of the Bureau of Land Management (BLM); 2 plots are on an
Oregon State Highway right-of-way, District 8; 3 plots are on lands
managed by Southern Oregon University; 7 plots are on lands managed by
the City of Jacksonville; and the other 25 plots are on lands under
private ownership. Approximately half of the species' current
distribution (20 out of 45 macro plots) is on private lands.
Plant number estimates from the 45 extant sampling units varied
from a low of 1 to a high of 100 (Pelton Road) individual plants within
a macro plot. Estimated species population size from the 45 macro plots
is 340 flowering plants, with 12 of the macro plots having only one
plant each. The amount of habitat occupied within the macro plot varied
from 1 square meter (10.75 square feet) to 1.2 hectares (3 ac).
Fritillaria gentneri ranges from approximately 180 to 1,360 m (600
to 4,450 ft) in elevation. Fritillaria gentneri is found in three
habitat types: oak woodlands that are dominated by Oregon white oak
(Quercus garryana); a mixed hardwood forest type dominated by
California black oak (Quercus kelloggii), Oregon white oak, and madrone
(Arbutus menziesii); and coniferous forested areas dominated by madrone
and Douglas-fir (Pseudotsuga menziesii) (J. Kagan, Oregon Natural
Heritage Program, Portland, Oregon, pers. comm. 1997).
Fritillaria gentneri typically grows in or on the edge of open
woodlands with Oregon white oak and madrone as the most common
overstory plants. Western yellow pine (Pinus ponderosa) and Douglas-fir
are also frequently present. White-leaved manzanita (Arctostaphylos
viscida), buckbrush
[[Page 13820]]
(Ceanothus cuneatus), snowbrush (C. velutinus), plume tree (Cercocarpus
betuloides), Sadler oak (Quercus sadleriana), and poison oak (Rhus
diversiloba) are commonly encountered understory shrub species. Herb
and forb layers are typical of those found in the Rogue Valley
foothills: ashy rock cress (Arabis subpinnatifida), Rouge River
milkvetch (Astragalus accidens hendersoni), fringed brome (Bromus
ciliatus), Henderson's shootingstar (Dodecatheon hendersoni),
California fescue (Festuca californica), Idaho fescue (F. idahoensis),
woods strawberry (Fragaria vesca bracteata), mission bells (Fritillaria
lanceolata), scarlet fritillaria (F. recurva), lewisia (Lewisia spp.),
fineleaf biscuit-root (Lomatium utriculatum), Sandberg's bluegrass (Poa
sandbergii), western buttercup (Ranunculus occidentalis), Suksdorf's
romanzoffia (Romanzoffia suksdorfii), groundsel (Senecio spp.),
checker-mallow (Sidalcea spp.), Lemmon's needle grass (Stipa lemmonii),
and American vetch (Vicia americana). 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 suitable
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) has seen exhibited signs of
previous disturbance. Earth-moving activity could spread bulblets and
increase populations, but this has not been documented. The species
seems to require some infrequent but regular level of disturbance such
as would have occurred under the historic pattern of fire frequency in
the Rogue and Illinois River valleys. Fritillaria gentneri 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 in areas after other plants have
colonized a disturbed area, but before taller more mature vegetation
types become established and shade it out.
Fritillaria gentneri is a perennial species that reproduces
asexually by bulblets. The bulblets break off and form other plants.
Fritillaria gentneri can reproduce sexually as well (Guerrant, Berry
Botanic Garden Portland, Oregon, pers. comm. 1997). Guerrant believes
that the pollinators are hummingbirds or bumble bees. Guerrant (1992)
sampled eight clusters and found a few plants that had seeds but there
were not any obvious embryos. He stated that Fritillaria gentneri may
possibly 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 government actions on Fritillaria gentneri began as a
result of section 12 of the Endangered Species Act of 1973, (Act) as
amended (16 U.S.C. 1531 et seq.), which directed the Secretary of the
Smithsonian Institution to prepare a report on those plants considered
to be endangered, threatened, or extinct 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. The Service published a notice on July 1, 1975,
Federal Register (40 FR 27823) of its 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 its intention thereby to review the status of the plant taxa
named therein.
Fritillaria gentneri was initially included as a Category 2
candidate in a Notice of Review published by the Service on December
15, 1980 (45 FR 82510). Category 2 candidate species were taxa for
which data in the Service's 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), the Service published a Notice of Review upgrading
this species to a Category 1 status. Category 1 candidates were those
for which the Service had sufficient information on biological
vulnerability and threats to support proposals to list them as
endangered or threatened species. Upon publication of the February 28,
1996 notice of review (61 FR 7596), the Service ceased using category
designations and included Fritillaria gentneri as a candidate species.
Candidate species are those for which the Service has on file
sufficient information on biological vulnerability and threats to
support proposals to list the species as threatened or endangered.
Fritillaria gentneri was retained as a candidate species in the
September 19, 1997, Review of Plant and Animal Taxa (62 FR 49398).
The processing of this proposed rule conforms with the Service's
final listing priority guidance published in the Federal Register on
December 6, 1996 (61 FR 64475) and extended on October 23, 1997 (62 FR
55268). The guidance clarifies the order in which the Service will
process rulemakings. The guidance calls for giving highest priority to
handling emergency situations (Tier 1), second highest priority (Tier
2) to resolving the listing status of the outstanding proposed
listings, and third priority (Tier 3) to new proposals to add species
to the list of threatened and endangered plants and animals. This
proposed rule constitutes a Tier 3 action.
Summary of Factors Affecting the Species
Section 4 of the Act and regulations (50 CFR part 424) promulgated
to implement the listing provisions of the Act set forth the procedures
for adding species to the Federal lists. A species may be determined to
be endangered or threatened due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
the Fritillaria gentneri are as follows:
A. The Present or Threatened Destruction, Modification, or
Curtailment of its Habitat or Range
The term ``development'' used here includes housing construction,
such as driveway placement, lots for sale, cemetery expansion, trail
maintenance, road widening, 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
which together are thought to form one single population of
approximately 340 plants. This species was originally documented to
occur in 53 locations (referenced as ``macro plots'' in the BACKGROUND
section of this notice). Between 1941 and today, the plant has been
lost from eight of these sites. Three locations, Grants Pass, Medford,
and Murphy, were vague locations and have never been relocated since
the original collections by Gentner (1941, 1948-50) and Gilkey (1951).
Those locations were probably destroyed by development. However, since
1982, Kagan and Rolle documented losses due to construction for homes
and schools, associated roads, driveways, and agricultural conversions
[[Page 13821]]
which destroyed all the plants occurring within the following five
locations: 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).
Habitat loss due to ongoing or future development threatens the
central core area of this species. Habitat loss may occur in 42 percent
(19) of the occupied sites (macro plots) within the foreseeable future.
Ongoing development accounts for 13 percent (6 sites) of the
anticipated habitat loss, while future development may include loss of
habitat for the other 29 percent (13) of the occupied sites; most
development will occur within the central core area.
Ongoing development is threatening populations of Fritillaria
gentneri that occur in six locations. Rolle (1988b) noted that at
Pelton Road, outside the core area, destruction of the habitat was
taking place as he was sampling the cluster. On that site visit, Rolle
(1988b) reported 60 flowering plants and 200 non-flowering 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 Rolle (U.S. 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 that occur at the dump was 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 is still expanding and heading toward
other Fritillaria gentneri plants, but destruction has stopped just
short of destroying the rest of the plants.
Future development may include loss of about 29 percent (13
locations) of the species from the central core area that include
plants growing in the Bellinger Hill, Britt Grounds, Jacksonville
Cemetery, Placer Hill Drive, and Sterling Creek Road. Rolle (pers.
comm. 1997) stated that part of the Bellinger Hill plants occurred in a
private individuals' backyard. At the time of the 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 hectares (97 ac) of land managed by BLM or
Southern Oregon University. Trail construction and construction of the
city water line threaten the Britt Grounds plants. Maxxon (1985)
reported that there were approximately 50 plants in the Jacksonville
Cemetery area with approximately half of the cluster (18-24 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. Within the cemetery proper, Maxxon (1985) mapped
the location of 12 plants that occur on the cemetery lots. As the
cemetery fills up, additional plants may be destroyed during the
excavation; at least eight plants mapped by Maxxon (1985) currently
grow on unused burial lots. West and uphill from the cemetery, Rolle
(1988g) documented that there were 15 or so 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 which 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, & Guerrant, pers. comm. 1997). Similarly, Rolle
(pers. comm. 1997) reported that the Sterling Creek plants occur on
40.4 square meters (less than .01 acre) 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 locations, 25 occur on private lands and are unlikely to
remain over the long term.
The threat of habitat loss to Fritillaria gentneri is evident when
both the size and the state 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
had occupied habitat that was equal to or greater than 0.4 ha (1 ac).
Many are smaller than 0.04 ha (0.1 ac). With such limited area, a small
amount of disturbance could extirpate all of the plants in a local
area.
Activities that remove desirable habitat on public lands are still
occurring. 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
use the trails and threaten the site by picking and trampling of
Fritillaria gentneri . At Antioch Road 2, Henshel (1994c) noted that
the plants were located on either side of a dirt bike trail.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
According to Gilkey (1951), Fritillaria gentneri was successfully
grown in a garden and used in flower arrangements. Therefore,
collection of the species is a concern. This native lily is an
attractive plant which makes it noticeable and more likely to be
collected. Its noted rarity also makes it susceptible to collection
from horticulturists seeking to cultivate rare species. Furthermore,
Fritillaria gentneri has a very poor viable seed set and much of the
capsule is eaten by wildlife prior to seed maturation (Rolle 1988d).
Thus, there is even greater pressure to dig the bulbs by collectors,
since seed collection & germination may not be a feasible option.
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. 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 are 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 some attention (Guerrant pers. comm. 1997).
Collecting has been documented in Britt Grounds (Tomlins 1993, Joan
Seever pers. comm. 1997) along the trails.
[[Page 13822]]
C. Disease or Predation
Disease and predation occur in Fritillaria gentneri plants,
reducing their numbers and productivity. Secondary fungal infections
were present 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 botanical groups such
as lilies, shooting stars, orchids, and rhododendrons from collection
by horticulturists interested in these species' domestication. The
Oregon Wildflower Law prohibits the collection of wildflowers within
60.9 m (200 ft) of a State highway. Although protective in spirit, 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 Oregon
Department of Agriculture (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. Fritillaria gentneri is State-listed as
endangered, receiving 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 owners are not required to
protect State-listed species. As a result, occurrences of Fritillaria
gentneri on private lands receive no protection from their State status
as endangered. Plants growing at the Log Town Cemetery are on an Oregon
Department of Transportation right-of-way and this is the only site
that falls under protection of the Oregon Endangered Species Act.
Fritillaria gentneri is classified by the Oregon Natural Heritage
Program as a G1 category, which identifies taxa that are threatened
with extinction throughout their entire range. This species category
recognizes globally rare species, but provides no protection.
The primary inadequacy in the existing regulations pertains to
plant sites located on private lands that currently receive no
protection from threats to their existence. Privately-held sites
constitute a significant portion of this species' range and play a
substantial role in their continued existence.
E. Other Natural or Manmade Factors Affecting its Continued Existence
Succession caused by fire suppression is allowing Fritillaria
gentneri's preferred open oak woodland habitat to close in and exclude
the species, while 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
and closure of the canopy due to successional occurrence can result in
shading of the plants. The closure of the forest canopy by the
encroachment of Douglas fir and madrone at the Wagon Trail site is
currently occurring and threatens the continued occupancy of this macro
plot by the 14 Fritillaria gentneri plants (Rolle, pers. comm. 1997).
The oak woodland habitat requires a frequent, low intensity fire
management regime to maintain the open canopy. Southeastern 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. When the area became developed, 50 to 60 years of fire
suppression began. 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, it has now become increasingly difficult to restore fire
to the habitat. Therefore, although much of the species' habitat has
not been developed, it has changed to densely closed woodland with a
dry shrub understory. However, prescribed fire would be a good tool in
managing for Fritillaria gentneri on BLM lands. Given that fire
suppression will likely continue, the effects of succession 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 the sparsely distributed clusters
ranging from 1 plant to 100 plants. Small numbers and disjunct
individuals increase the risk of stochastic loss through genetic or
demographic factors. Small clusters may be genetically depauperate as a
result of changes in gene frequencies, owing to founder effects or
inbreeding. If a population suffers from inbreeding depression, then
its short-term 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).
For long-term evolutionary flexibility a MVP of 500 is suggested. That
means that any population below 50 is subject to genetic 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 genetic depression is still contested, the negative genetic
effects of this to a small population of 340 plants become difficult to
ignore.
With 44 of the 45 sites containing so few individuals of
Fritillaria gentneri plants, the threat of extinction due to
demographic and naturally occurring events can play a significant role
in the viability of the species as a whole. Four of the sites had 11 to
34 flowering plants and only 1 had 100 flowering plants. The rest had
10 flowering plants or fewer. Due to the small area occupied by the
majority of Fritillaria gentneri, naturally occurring environmental
events could play a role in extirpation. Small clusters can disappear
with one environmental event. 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 play an important role in extirpation of
small, localized occurrences that are found along roadsides.
Approximately 29 percent (13) of the plant occurrences are reported
along roadsides and could be affected or potentially extirpated by
spraying or other roadside maintenance activities.
The Service has carefully assessed the best scientific and
commercial information available regarding the past,
[[Page 13823]]
present, and future threats faced by this species in determining to
propose this rule. Based on this evaluation, the Service proposes to
list the Fritillaria gentneri as endangered.
Critical Habitat
Critical habitat is defined in section 3 of the Act as--(i) the
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the 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.
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 determined to be threatened or endangered. The Service
proposes to find that designation of critical habitat is not prudent
for Fritillaria gentneri. Service regulations (50 CFR 424.12 (a)(1))
state that the designation of critical habitat is not prudent when one
or both of the following situations exist: (i) 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 (ii) such designation of critical habitat would not be
beneficial to the species.
There would be little if any additional conservation benefit to the
species from a critical habitat designation covering the 25 sites that
occur on private lands, even if sometime in the future there is
additional Federal involvement through permitting or funding, such as
through Federal Department of Housing and Urban Development or the
Federal Highway Administration. Federal involvement, where it does
occur, can be identified without the designation of critical habitat
because interagency coordination requirements as required by section 7
of the Act are already in place. The Fish and Wildlife Coordination Act
(FWCA) for example, requires that any federally funded or permitted
water resource development proposal or project be consulted on with the
Service and State conservation agencies. Designating critical habitat
would not create a management plan for the plant, or establish
numerical population goals for long-term survival of the species nor
directly affect areas not designated as critical habitat.
There would be no benefit from critical habitat designation for
those sites on BLM (i.e. Federal) land as BLM is currently aware of the
plant's occurrence and would be subject to section 7 consultation as a
result of the listing for any activity it authorized, funded, or
carried out. The designation would not increase their commitment or
management efforts. Protection of Fritillaria gentneri will most
effectively be addressed through the recovery process and the section 7
consultation process.
Section 7 of the Act requires that Federal agencies refrain from
contributing to the destruction or adverse modification of critical
habitat in any action authorized, funded or carried out by such agency
(agency action). This requirement is in addition to the section 7
prohibition against jeopardizing the continued existence of a listed
species, and it is the only mandatory legal consequence of a critical
habitat designation. Implementing regulations (50 CFR part 402.02)
define ``jeopardize the continuing existence of'' and ``destruction or
adverse modification of'' in very similar terms. To jeopardize the
continuing existence of a species means to engage in an action ``that
reasonably would be expected to reduce appreciably the likelihood of
both the survival and recovery of a listed species.'' Destruction or
adverse modification of habitat means an ``alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species.'' Common to both definitions is an
appreciable detrimental effect to both the survival and the recovery of
a listed species. In the case of adverse modification of critical
habitat, the survival and recovery of the species has been appreciably
diminished by reducing the value to the species' designated critical
habitat. An action resulting in adverse modification also would
jeopardize the continued existence of the species concerned.
The Service acknowledges that critical habitat designation, in some
situations, may provide some value to the species by identifying areas
important for species conservation and calling attention to those areas
in special need of protection. Critical habitat designation of
unoccupied habitat may also benefit a species by alerting permitting
agencies to potential sites for reintroduction and allow them the
opportunity to evaluate proposals that may affect these areas. However,
in this case, the existing sites of Fritillaria gentneri are either
currently known by the BLM and private landowners, or the appropriate
landowners will be notified prior to publication of the proposed rule.
If future management actions include unoccupied habitat, any benefit
provided by designation of such habitat as critical will be
accomplished more effectively and efficiently with the current
coordination process.
Designation of critical habitat for this species would
substantially increase the threat of collection. Fritillaria gentneri
is a lily, which is attractive and noticeable and likely to be
collected. Gilkey has documented that Fritillaria gentneri was
successfully collected and grown in a garden and used in flower
arrangements. More recent collection of this species on Britt Grounds,
which is BLM land, also has been documented (Tomlins 1993, Joan Seever
pers. comm. 1997). Hitchcock (1971) noted that Fritillaria species are
rather attractive in the native garden but that digging of the bulbs
should be discouraged as the species are fast disappearing from much of
their range. The North American Rock Garden Society (NARGS 1998)
publishes a seed list on the Internet which lists a multitude of
Fritillaria species seed available for sale (both wild and garden
collected). Although Fritillaria gentneri is not specifically on the
list, the list demonstrates the demand for this genus by collectors. In
addition, whether showy or not, a species' rarity also makes it
susceptible to collection from horticulturists seeking to cultivate
rare species (Mariah Steenson pers. comm. 1997). Disseminating
specific, sensitive location records can encourage illegal collection
(M. Bosch, U.S. Forest Service, in litt. 1997). The accessibility of
this plant on public and private lands makes it susceptible to
indiscriminate collection by rare plant enthusiasts and researchers.
Plants, unlike most animal species protected under the Act, are
particularly vulnerable to trespass because of their inability to
escape when collectors arrive.
With the increased publicity of listed species, small roadside
occurrences could face a higher incidence of vandalism and/or removal.
Publication of precise maps and descriptions of critical habitat in the
Federal Register would expose these sites to over-collection and loss
of individuals, and subsequently loss of isolated populations,
resulting in the further decline of the species. Due to their low
[[Page 13824]]
numbers, specifically 22 of the 45 known sites having three or fewer
individuals, isolated clusters of Fritillaria gentneri could be
severely threatened by taking, negatively affecting the species as a
whole. Since this species has a very poor viable seed set and is
predominantly reproducing asexually by bulblets (Guerrant 1992 and
Rolle 1988d), collection of the bulbs could effectively eliminate the
population at the collection site. Publication of critical habitat
descriptions and maps would make Fritillaria gentneri more vulnerable
to illegal collection and would increase enforcement problems.
The minimal benefit of designating critical habitat would be far
outweighed by the increased threats to the species that would result
from identification of critical habitat. All parties and principal
landowners involved in the recovery of Fritillaria gentneri will be
notified of the location and importance of protecting these species and
their habitats prior to publication of the proposed 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 proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in destruction
or adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
ensure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of such a species or to
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into a formal consultation with the Service.
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 and the removal,
cutting, digging up, or damaging or destroying of such plants in
knowing violation of any State law or regulation, including State
criminal trespass law. 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.
Questions regarding whether specific activities may constitute a
violation of section 9 should be directed to the Field Supervisor of
the Oregon State Office (see ADDRESSES section). Requests for copies of
the regulations on listed plants and inquiries regarding them may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services,
Permits Branch, 911 NE 11th Ave., Portland, Oregon 97232-4181 (503/231-
6241). Such permits are available for scientific purposes and to
enhance the propagation or survival of the species. It is anticipated
that few trade permits would ever be sought or issued because the
species is not common in cultivation or in the wild.
The Service adopted a policy on July 1, 1994 (59 FR 34272), to
identify to the maximum extent practicable at the time a species is
proposed for listing those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of the listing on
proposed and ongoing activities within a species' range. The Service
has determined, based upon the best available information, the
following actions will not result in a violation of section 9, provided
these activities are carried out in accordance with existing
regulations and permit requirements:
(1) Activities authorized, funded, or carried out by Federal
agencies (e.g., grazing management, agricultural conversions, land use
activities that would significantly modify the species' habitat,
wetland and riparian habitat modification, flood and erosion control,
housing development, recreational trail development, road and dam
construction and maintenance, hazardous material containment and
cleanup activities, prescribed burns, pesticide/herbicide application,
pipelines or utility line crossing suitable habitat, and logging) when
such activity is conducted in accordance with any reasonable and
prudent measures given by the Service according to section 7 of the
Act; or when such activity does not occur in habitats suitable for the
survival and recovery of Fritillaria gentneri and does not alter the
hydrology or habitat supporting the plant.
(2) Activities on private lands (without Federal funding or
involvement), such as grazing management, agricultural conversions,
wetland and riparian habitat modification (not including filling of
wetlands), flood and erosion control, housing development, road and dam
construction, cemetery maintenance or expansion, pesticide/herbicide
application, pipelines or utility line crossing suitable habitat, and
routine residential landscape maintenance including the clearing of
vegetation as a fire break around one's personal residence.
The Service has determined that the actions listed below may
potentially result in a violation of section 9; however, possible
violations are not limited to these actions alone:
(1) Unauthorized collecting of the species on Federal lands;
(2) Application of herbicides violating label restrictions;
(3) Interstate or foreign commerce and import/export without
previously obtaining an appropriate permit. Permits to conduct
activities are available for purposes of scientific research and
enhancement of propagation or survival of the species.
Questions regarding whether specific activities, such as changes in
land use, will constitute a violation of section 9 should be directed
to the Service's Oregon State Office (see ADDRESSES section).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other
[[Page 13825]]
concerned governmental agencies, the scientific community, industry, or
any other interested party concerning this proposed rule are hereby
solicited. Comments particularly are sought concerning:
(1) biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) the location of any additional occurrences of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) additional information concerning the range, distribution, and
population size of this species; and
(4) current or planned activities in the subject area and their
possible impacts on Fritillaria gentneri.
Final promulgation of the regulation(s) on this species will take
into consideration the comments and any additional information received
by the Service. Such communications may lead to a final regulation that
differs from this proposal.
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received within 45 days of date of
publication of the proposal in the Federal Register. Such requests must
be made in writing and addressed to State Supervisor, U.S. Fish and
Wildlife Service, Oregon State Office (see ADDRESSES section).
National Environmental Policy Act
The Service has determined that Environmental Assessments and
Environmental Impact Statements, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared in
connection with regulations adopted pursuant to section 4 (a) of the
Endangered Species Act of 1973, as amended. A notice outlining the
Service's reasons for this determination was published in the Federal
Register on October 25, 1983 (48 FR 49244).
Required Determinations
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
References
A complete list of all references cited herein, as well as others,
is available upon request from the Oregon State Office (see ADDRESSES
section).
Author: The primary author of this proposed rule is Andrew F.
Robinson Jr. (see ADDRESSES section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend Part 17,
Subchapter B of Chapter I, Title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under FLOWERING PLANTS, to the List of Endangered and Threatened
Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering Plants
* * * * * * *
Fritillaria gentneri............. Gentner's fritillary USA (OR)........... Liliaceae.......... E ........... NA NA
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 6, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-7481 Filed 3-20-98; 8:45 am]
BILLING CODE 4310-55-P
