[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Proposed Rules]
[Pages 15808-15813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8518]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE
Endangered and Threatened Wildlife and Plants; Proposed
Threatened Status for the Plant ``Helianthus paradoxus'' (Pecos
Sunflower)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The Fish and Wildlife Service (Service) proposes to list
Helianthus paradoxus (Pecos or puzzle sunflower) as a threatened
species pursuant to the Endangered Species Act of 1973, as amended
(Act). This species is dependent on desert wetlands for its survival.
It is known from 22 sites in Cibola, Valencia, Guadalupe, and Chaves
Counties, New Mexico, and from two sites in Pecos County, Texas.
Threats to this species include drying of wetlands from groundwater
depletion, alteration of wetlands (e.g. wetland fills, draining,
impoundment construction), competition from non-native plant species,
excessive livestock grazing, mowing, and highway maintenance. This
proposal, if made final, would implement the Federal protection and
recovery programs of the Act for this plant.
DATES: Comments from all interested parties must be received by June 1,
1998. Public hearing requests must be received by May 18, 1998.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Field Supervisor, New Mexico Ecological Services Field
Office, U.S. Fish and Wildlife Service, 2105 Osuna Road, NE,
Albuquerque, New Mexico 87113. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Charlie McDonald, Botanist, at the
above address, or telephone 505/761-4525 ext. 112; facsimile 505/761-
4542.
SUPPLEMENTARY INFORMATION:
Background
Pecos sunflower was first collected on August 26, 1851, by Dr. S.W.
Woodhouse on the Sitgreaves expedition to explore the Zuni and Lower
Colorado Rivers. The location was given as ``Nay Camp, Rio Laguna''
(Sitgreaves 1853). The Rio Laguna is now called the Rio San Jose and
the collection site would have been somewhere between Laguna Pueblo and
Bluewater in Cibola County, New Mexico. This specimen was identified as
Helianthus petiolaris (prairie sunflower) by Dr. John Torrey, a
botanical expert at the New York Botanical Garden (Sitgreaves 1853). It
was not until 1958 that Dr. Charles Heiser named Helianthus paradoxus
as a new species citing two known specimens--the type specimen
collected September 11, 1947, by H.R. Reed west of Fort Stockton in
Pecos County, Texas; and the Woodhouse specimen collected in New Mexico
(Heiser 1958).
Heiser (1965) did hybridization studies to help resolve doubts
about the validity of Pecos sunflower as a true species. There was
speculation that the plant Heiser named as a new species was in fact
only a hybrid between Helianthus annuus (common sunflower) and prairie
sunflower. Heiser's studies showed that Pecos sunflower is a fertile
plant that breeds true with itself. He was able to produce hybrids
between Pecos sunflower and both common sunflower and prairie
sunflower, but these hybrids were of low fertility. These results
support the validity of Pecos sunflower as a true species. Rieseberg et
al. (1990) published results of molecular tests of the hypothesized
hybrid origin of Pecos sunflower. They used electrophoresis to test
enzymes and restriction-fragment analysis to test ribosomal and
chloroplast DNA. Their work showed Pecos sunflower is a true species of
ancient hybrid origin with the most likely hybrid parents being common
sunflower and prairie sunflower.
Pecos sunflower is an annual member of the sunflower family
(Asteraceae). It grows 1.3-2.0 meters (m) (4.25-6.5 feet (ft)) tall and
is branched at the top. The leaves are opposite on the lower part of
the stem and alternate at the top, lance-shaped with three prominent
veins, and up to 17.5 centimeters (cm) (6.9 inches (in)) long by 8.5 cm
(3.3 in) wide. The stem and leaf surfaces have a few short stiff hairs.
The flower heads are 5.0-7.0 cm (2.0-2.8 in) in diameter with bright
yellow rays. Flowering is from September to November. Pecos sunflower
looks much like the common sunflower seen along roadsides throughout
the west, but differs from common sunflower in having narrower leaves,
fewer hairs on the stems and leaves, slightly smaller flower heads, and
later flowering.
Pecos sunflowers grow in soils that are permanently saturated.
Areas that maintain these conditions are most commonly desert wetlands
(cienegas) associated with springs, but they may also include stream
margins and the margins of impoundments. When plants are associated
with impoundments, the impoundments typically have replaced natural
cienega habitats. Plants commonly associated with Pecos sunflower
include Limonium limbatum (Transpecos sealavender), Samolus cuneatus
(limewater brookweed), Flaveria chloraefolia, Scirpus olneyi (Olney
bulrush), Phragmites australis (common reed), Distichlis sp.
(saltgrass), Sporobolus airoides (alkali sacaton), Muhlenbergia
asperifolia (alkali muhly), Juncus mexicanus (Mexican rush), Suaeda
calceoliformis (Pursh seepweed), and Tamarix spp. (saltcedar) (Poole
1992, Sivinski 1995). All of these species are good indicators of
saline soils. Studies by Van Auken and Bush (1995) indicate Pecos
sunflower grows in saline soils, but seeds germinate and establish best
when high water tables reduce salinities near the soil's surface.
Until 1990, Pecos sunflower was known only from three extant sites.
Two sites were in Pecos County, Texas, and one site was in Chaves
County, New Mexico (Seiler et al. 1981). Searches of suitable habitats
in Pecos, Reeves, and Culbertson counties, Texas, during 1991 failed to
result in the discovery of any new Texas sites or in the rediscovery of
any sites believed to have been extirpated (Poole 1992). Searches in
New Mexico from 1991 through 1994, however, led to discovery of a
significant number of new sites in that State (Sivinski 1995). Pecos
sunflower is presently known from 24 sites that occur in 5 general
areas. These areas are Pecos County, Texas, in the vicinity of Fort
Stockton; Chaves County, New Mexico, from Dexter to just north of
Roswell; Guadalupe County, New Mexico, in the vicinity of Santa Rosa;
Valencia County, New Mexico, along the lower part of the Rio San Jose;
and, Cibola County, New Mexico, in the vicinity of Grants. There are 2
sites in the Fort Stockton area, 11 in the Dexter to Roswell area, 8 in
the Santa Rosa area, 1 along the lower Rio San Jose, and 2 in the
Grants area.
Most of the Pecos sunflower sites are limited to less than 2.0
hectares (ha) (5.0 acres (ac)) of wetland habitat with some being only
a fraction of a hectare. Two sites, one near Fort Stockton and one near
Roswell, are considerably more
[[Page 15809]]
extensive. The number of plants at a site varies from less than 100 to
several hundred thousand for the 2 extensive sites. Because Pecos
sunflower is an annual, the number of plants at a site can fluctuate
drastically from year to year with changes in water conditions. Pecos
sunflower is totally dependent on the persistence of its wetland
habitat. Even large populations will disappear if the wetland dries.
The sites where Pecos sunflower occurs are owned and managed by a
variety of Federal, State, Tribal, municipal, and private interests.
Federal agencies that manage sites are the U.S. Fish and Wildlife
Service (Service), Bureau of Land Management, and National Park
Service. There are plants in one State park. The cities of Roswell and
Santa Rosa both have sites on municipal property. One site is owned and
managed by the Laguna Indian Tribe. There are seven different private
individuals or organizations that own sites or parts of sites. Some
plants grow on State or Federal highway rights-of-way.
Four of the sites are on property managed principally for wildlife
and the conservation of endangered species. Two of these are major
sites on Bitter Lake National Wildlife Refuge near Roswell, New Mexico.
The refuge has a series of six spring-fed impoundments totaling about
300 ha (750 ac). These impoundments are managed with high water levels
in winter followed by a spring and summer drawdown that mimics a
natural water cycle. This regime provides abundant habitat for Pecos
sunflowers that thrive in almost solid stands at the edges of many of
the impoundments. A small site with less than 100 plants occurs on
Dexter National Fish Hatchery near Dexter, New Mexico. Plants first
appeared here several years ago after saltcedar was removed to restore
a wetland. One site near Fort Stockton, Texas, is owned and managed by
The Nature Conservancy of Texas. The principal feature at this preserve
is a large desert spring that harbors two species of endangered fish
and three species of endemic snails, and supports an extensive stand of
Pecos sunflowers that grow for about 1.2 kilometers (km) (0.75 miles
(mi)) along the spring run.
Loss or alteration of wetland habitats is the main threat to Pecos
sunflower. The lowering of water tables through aquifer withdrawals
mostly for irrigated agriculture; the diversion of water from wetlands
for irrigation, livestock, or other uses; wetland filling; and the
invasion of wetlands by saltcedar and other non-native species have all
destroyed or degraded desert wetlands in the past. These activities
still continue. Mowing of rights-of-way and some municipal properties
regularly destroys some plants. Livestock will eat Pecos sunflowers,
particularly if other green forage is scarce. There has been some
unregulated commercial sale of this plant in the past and some plant
collection for breeding programs to improve commercial sunflowers.
Pecos sunflower will naturally hybridize with common sunflower. The
extent to which back crosses might be affecting the genetic integrity
of small Pecos sunflower populations is presently unknown, but worthy
of concern.
Previous Federal Action
Federal government actions on Pecos sunflower began as a result of
section 12 of the Endangered Species Act of 1973, as amended (Act) (16
U.S.C. 1531 et seq.), 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. That report, designated as
House Document No. 94-51, was presented to Congress on January 9, 1975.
On July 1, 1975, the Service published a notice in the Federal Register
(40 FR 27823), accepting the report as a petition within the context of
section 4(c)(2) (now section 4(b)(3)(A)) of the Act. The notice further
indicated the Service's intention to review the status of the plants
named therein. As a result of this review, the Service published a
proposed rule in the Federal Register on June 16, 1976 (41 FR 24523),
to determine approximately 1,700 vascular plants to be endangered
species pursuant to section 4 of the Act. This list, which included
Helianthus paradoxus, was assembled on the basis of comments and data
received by the Smithsonian Institution and the Service in response to
House Document No. 94-51 and the July 1, 1975, Federal Register
publication. In 1978, amendments to the Act required that all proposals
over 2 years old be withdrawn. A 1-year grace period was given to
proposals already over 2 years old. On December 10, 1979, the Service
published a notice in the Federal Register (44 FR 70796) withdrawing
that portion of the June 16, 1976, proposal that had not been made
final, along with four other proposals that had expired.
The Service published an updated notice of review for plants on
December 15, 1980 (45 FR 82480), which included Helianthus paradoxus as
a category 1 candidate species. Category 1 species were those for which
the Service had on file substantial information on biological
vulnerability and threats to support preparation of listing proposals.
Revised lists of plants under review for listing were published in the
Federal Register on September 27, 1985 (50 FR 39526), February 21, 1990
(55 FR 6184), and September 30, 1993 (58 FR 51144). These notices
retained Helianthus paradoxus as a category 1 candidate. In the Federal
Register notices of review on February 28, 1996, and September 19, 1997
(61 FR 7596, 62 FR 49398), the Service ceased using multiple category
designations and included Helianthus paradoxus 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.
Section 4(b)(3)(B) of the Act requires the Secretary to make
findings on pending petitions within 12 months of their receipt.
Section 2(b)(1) of the 1982 amendments further requires that all
petitions pending on October 13, 1982, be treated as having been newly
submitted on that date. This was the case for Helianthus paradoxus
because of the acceptance of the 1975 Smithsonian report as a petition.
On October 13, 1983, the Service found that the petitioned listing of
this species was warranted, but precluded by other pending listing
actions, in accordance with section 4(b)(3)(B)(iii) of the Act; notice
of this finding was published on January 20, 1984 (49 FR 2485). Such a
finding requires the petition to be recycled pursuant to section
4(b)(3)(C)(i) of the Act. The finding was reviewed annually from 1984
through 1997. Publication of this proposal constitutes the final 1-year
finding for the petitioned action.
The processing of this proposed rule conforms with the Service's
final listing priority guidance issued 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 (Tier 1) to handling
emergency situations, second highest priority (Tier 2) to resolving the
listing status of 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. Additionally, the Service stated in the guidance that,
``Effective April 1, 1997, the Service will concurrently undertake all
of the activities presently included in Tiers 1, 2, and 3'' (61 FR
64480). The Service has begun implementing a more balanced listing
program, including processing Tier 3 actions. The processing of this
Tier 3 action follows those guidelines.
[[Page 15810]]
Summary of Factors Affecting the Species
Section 4 of the Endangered Species Act (16 U.S.C. 1531 et seq.)
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 an 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 Helianthus
paradoxus Heiser (Pecos sunflower) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range
Wetland habitats in the desert Southwest are both ecologically
important and economically valuable. Wetlands cover only about 195,000
ha (482,000 ac)(0.6 percent) of New Mexico (Fretwell et al. 1996). This
is a reduction of about 33 percent from the wetland acreage that
existed 200 years ago (Dahl 1990). Wetlands in Texas cover about
3,077,000 ha (7,600,000 ac), a decline of about 52 percent from the
State's original wetland acreage (Dahl 1990). The loss of springs in
western Texas may be a better indicator of wetland losses that affect
Pecos sunflower than figures for the State as a whole. Within the
historical range of Pecos sunflower in Pecos and Reeves counties, only
13 of 61 (21 percent) springs remain flowing (Brune 1981).
The lowering of water tables due to groundwater withdrawals for
irrigated agriculture has reduced available habitat for Pecos
sunflower, particularly in Texas. Beginning around 1946, groundwater
levels fell as much as 120 m (400 ft) in Pecos County and 150 m (500
ft) in Reeves County due to heavy pumping for irrigation. As a result,
most of the springs in these counties went dry. Groundwater pumping has
lessened in recent decades due to the higher cost of pumping water from
greater depths, but rising water tables or resumption of spring flows
are not expected (Brune 1981). Texas water law provides no protection
for remaining springs. The law is based on the right of first capture
that lets any water user pump as much groundwater as can be put to a
beneficial use without regard to overall effects on the aquifer.
Habitats for Pecos sunflower in Chaves County, New Mexico, have
been affected by groundwater pumping in the past, but water tables are
now rising due to State-directed efforts at monitoring and
conservation. These efforts are the result of a court ruling that
requires New Mexico to deliver larger volumes of Pecos River water to
Texas than in the past. There are presently no major groundwater
withdrawals taking place in the vicinity of the other Pecos sunflower
sites in New Mexico.
The introduction of non-native species, particularly saltcedar, is
a major factor in the loss and degradation of southwestern wetlands.
Several species of saltcedar were introduced into the United States for
ornament, windbreaks, and stream bank stabilization in the 1800s. They
invaded many western riverine systems from the 1890s to the 1930s and
increased rapidly from the 1930s to the 1950s, by which time they
occupied most of the available and suitable habitat in their main area
of North American distribution in Arizona, New Mexico, and western
Texas (Christensen 1962, Horton 1977). Saltcedar will out-compete and
displace native wetland vegetation, including Pecos sunflower. At
Dexter National Fish Hatchery, Pecos sunflower was recorded for the
first time in the summer of 1996 after salt cedar was removed to
rehabilitate a wetland (Radke 1997).
A total of 24,124 ha (59,586 ac) of saltcedar infest 35 of the
national wildlife refuges in 12 western states. In southern California,
Nevada, Utah, Arizona, and New Mexico, 27 of the 41 refuges (66
percent) are infested. Saltcedar affects 2,000 ha (5,000 ac) at Bitter
Lake National Wildlife Refuge where the most extensive Pecos sunflower
population occurs (U.S. Fish and Wildlife Service 1996). There have
been many projects on refuges to remove saltcedar. These projects are
labor intensive and reinvasion of saltcedar is a continuing problem.
Some wetlands where Pecos sunflower occurs have been either filled
or impounded. Part of a wetland near Grants, New Mexico, was filled for
real estate development along a major highway. The development predated
knowledge that Pecos sunflower grows there, so it is unknown if any
plants were actually destroyed. Wetlands in Santa Rosa were impounded
many years ago for a fish hatchery that is now abandoned. Pecos
sunflowers grow on the dams of some of the impoundments. The extent of
the former wetland is unknown, so it is uncertain whether the
impoundments have increased or decreased sunflower habitat.
Habitat is being altered through mowing on some highway rights-of-
way and some municipal properties where Pecos sunflower occurs. In
Santa Rosa, vegetation including some Pecos sunflowers is often mowed
around some of the old fish hatchery ponds that are now used for
recreational fishing. In another part of town an open boggy area is
mowed when dry enough. In years when it is too wet to mow, a stand of
Pecos sunflowers develops. Mowing of highway rights-of-way in Santa
Rosa and near Grants may be destroying some plants. In Texas, the only
population in a highway right-of-way was fenced several years ago to
protect it from mowing and other activities.
B. Overutilization for commercial, recreational, scientific, or
educational purposes
There has been some commercial trade in Pecos sunflower (Poole,
Texas Parks and Wildlife Department, Austin, in litt. 1991). The trade
was undertaken by an organization interested in preserving rare species
of indigenous crop plants through their dissemination and cultivation.
There has also been some collecting for crop breeding research (Seiler
et al. 1981). With its tolerance for high salinity, Pecos sunflower was
considered a good candidate for the introduction of salt tolerance into
cultivated sunflowers. Some Pecos sunflower sites are both small and
easily accessible. These sites could be harmed by repeated uncontrolled
collecting.
C. Disease or Predation
Livestock will eat Pecos sunflowers, particularly when other green
forage is scarce. Livestock tend to pull off the flower heads. If an
area is grazed for several years in succession when the plants are
flowering, the soil seed bank will be diminished and the population
will eventually decline. There are several examples of Pecos sunflowers
being absent from habitat that is heavily grazed, but growing in
similar nearby habitat that is protected from grazing. In these
instances, grazing is the most likely cause of the plant's absence from
otherwise suitable habitat.
D. The inadequacy of existing regulatory mechanisms
Pecos sunflower is a New Mexico State endangered plant species
listed in NMNRD Rule 85-3 of the State Endangered Plant Species Act (9-
10-10 NMSA). This act primarily regulates scientific collecting,
commercial transport, and sale of Pecos sunflower. It does not protect
plants on private lands or require collecting permits for Federal
employees working on lands within their jurisdictions (Sivinski and
Lightfoot 1995). The State act lacks the interagency coordination and
conservation requirements found in section 7 of the Federal Endangered
Species Act. Further, State listing fails
[[Page 15811]]
to generate the level of recognition or promote the opportunities for
conservation that result through Federal listing. Pecos sunflower is
not listed as an endangered, threatened, or protected plant under the
Texas Endangered Plant Species Act.
E. Other natural or manmade factors affecting its continued existence
Natural hybrids between Pecos sunflower and common sunflower have
been seen at Pecos sunflower sites in both Texas and New Mexico. Human
activities have substantially increased the habitat for common
sunflower and it may now have more contact with Pecos sunflower than in
the past. The hybrid plants have low fertility, but they are not
completely sterile (Heiser 1965).
Backcrosses of these hybrids to Pecos sunflower could detrimentally
affect the genetic integrity of Pecos sunflower populations. Study is
needed to determine if such backcrosses could occur to the degree that
common sunflower might genetically swamp small Pecos sunflower
populations.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred action is to list Pecos
sunflower as threatened. The drying of springs due to ground water
pumping, the diversion of water for agriculture and other uses, the
degradation of wetlands from intensive livestock grazing, and the
invasion of saltcedar and other non-native plants into many wetlands
has significantly reduced the habitat of this species. Most remaining
populations are vulnerable because these activities continue to destroy
habitat or keep it in a degraded condition. While not in immediate
danger of extinction, the Pecos sunflower is likely to become an
endangered species in the foreseeable future if present trends
continue.
Critical Habitat
Critical habitat is defined in section 3 of the Act as: (i) The
specific areas within the geographical area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
consideration 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 conservation of the
species. ``Conservation'' means the use of all methods and procedures
needed to bring the species to the point at which listing under the Act
is no longer necessary.
Section 4(a)(3) of the Act, 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
the species is determined to be endangered or threatened. The Service
finds that designation of critical habitat is not prudent for Pecos
sunflower. Service regulations (50 CFR 424.12(a)(1)) state that
designation of critical habitat is not prudent when one or both of the
following situations exist--(1) The species is threatened by taking or
other human activity, and identification of critical habitat can be
expected to increase the degree of threat to the species, or (2) such
designation of critical habitat would not be beneficial to the species.
Critical habitat designation for Pecos sunflower is not prudent
because both of the above situations exist. There has been some
commercial trade in Pecos sunflower, which was due largely to its
rarity. There are several documented instances of other species of
commercially valuable rare plants being collected when their localities
became known. In 1995, at least 48 plants of the endangered Pediocactus
knowltonii (Knowlton cactus) were taken from a monitoring plot at the
species' only known locality (Sivinski, New Mexico Forestry and
Resources Conservation Division, Santa Fe, in litt. 1996). In the early
1990s, the rediscovery of Salvia penstemonoides (big red sage) in Texas
led to the collection of thousands of seeds at the single rediscovery
site (Poole, in litt. 1991).
Listing contributes to the risk of over-collecting because the
rarity of a plant is made known to far more people than were aware of
it previously. Designating critical habitat, including the required
disclosure of precise maps and descriptions of critical habitat, would
further advertise the rarity of Pecos sunflower and provide locations
of occupied sites causing even greater threat to this plant from
vandalism or unauthorized collection. Many of the Pecos sunflower sites
are small, have few individuals, and are easily accessible. The plants
at these sites would be particularly susceptible to indiscriminate
collection if publication of critical habitat maps made their exact
locations known.
Critical habitat designation, by definition, directly affects only
Federal agency actions. Private interests own 12 of the 24 Pecos
sunflower sites. For the most part, activities constituting threats to
the species on these lands, including alterations of wetland hydrology,
competition from non-native vegetation, grazing, and agricultural and
urban development, are not subject to the Federal review process under
section 7. Designation of critical habitat on private lands provides no
benefit to the species when only non-Federal actions are involved.
Activities on Federal lands and some activities on private lands
require Federal agencies to consult with the Service under section 7.
There are few known sites for Pecos sunflower and habitat for the
species is limited. Given these circumstances, any activity that would
adversely modify designated critical habitat would likely also
jeopardize the species' continued existence. Thus, in this case, the
Federal agency prohibition against adverse modification of critical
habitat would provide no additional benefit beyond the prohibition
against jeopardizing the species.
Occupied habitat for Pecos sunflower occurs on a national wildlife
refuge and national fish hatchery administered by the Fish and Wildlife
Service, a national monument administered by the National Park Service,
and Federal lands administered by the Bureau of Land Management.
Because these occupied habitats are well known to the managers of these
Federal lands, no adverse modification of this habitat is likely to
occur without consultation under section 7 of the Act. Because of the
small size of the species' habitat, any adverse modification of the
species' critical habitat would also likely jeopardize the species'
continued existence. Designation of critical habitat for Pecos
sunflower on Federal lands, therefore, is not prudent because it would
provide no additional benefit to the species beyond that conferred by
listing.
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 private agencies, groups,
and individuals. The elevated profile that Federal listing affords
enhances the likelihood that conservation activities will be
undertaken. The Act provides for possible land acquisition and
cooperation with the States. The protection required of Federal
agencies
[[Page 15812]]
and the prohibitions against certain activities involving listed plants
are discussed, in part, below.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its critical habitat, if
any is being designated. Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR part 402.
Section 7(a)(4) of the Act requires Federal agencies to confer with the
Service on any action that is likely to jeopardize the continued
existence of a proposed species or result in destruction or adverse
modification of proposed critical habitat. If a species is listed
subsequently, section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of such a species or to destroy or
adversely modify its critical habitat. If a Federal action may
adversely affect a listed species or its critical habitat, the
responsible Federal agency must enter into formal consultation with the
Service.
The Federal agencies that manage occupied habitat for Pecos
sunflower are the ones most likely to be involved in section 7
activities. These agencies are the Service, Bureau of Land Management,
and National Park Service. Other agencies with potential section 7
involvement include the U.S. Army Corps of Engineers through its permit
authority under section 404 of the Clean Water Act, the Natural
Resources Conservation Service that provides private landowner planning
and assistance for various soil and water conservation projects, the
Federal Highway Administration for highway construction and maintenance
projects that receive funding from the Department of Transportation,
the Bureau of Indian Affairs that has trust responsibilities for
certain activities on Indian lands, and various agencies of the
Department of Housing and Urban Development that undertake homeowner
mortgage insurance and community development programs.
Listing the Pecos sunflower would provide for development of a
recovery plan for the plant. A recovery plan would bring together
private, State, and Federal efforts for conservation of this species.
The plan would establish a framework for agencies to coordinate
activities and cooperate with each other in conservation efforts. The
plan would set recovery priorities and estimate costs of various tasks
necessary to accomplish them. The plan would also describe site-
specific management actions necessary to achieve conservation and
survival of the species. Additionally, pursuant to section 6 of the
Act, the Service would be able to grant funds to the states of New
Mexico and Texas for management actions promoting the protection and
recovery of Pecos sunflower.
Because many of the known sites for Pecos sunflower are on private
land, the Service will pursue conservation easements and conservation
agreements with willing private landowners to help maintain and/or
enhance habitat for the plant. Under a cooperative program between the
State of New Mexico and the Service, all private landowners have been
contacted. The importance of Pecos sunflower and the consequences for
the private landowner of having it listed under the Act have been
explained. No agreements have been established to date, but several
landowners have indicated a willingness to continue discussing the
subject.
The Act and its implementing regulations found at 50 CFR 17.71 and
17.72 set forth a series of general prohibitions and exceptions that
apply to all threatened plants. All trade prohibitions of section
9(a)(2) of the Act, implemented by 50 CFR 17.71, 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 this species in interstate or foreign commerce,
or to remove and reduce to possession the species from areas under
Federal jurisdiction. In addition, for plants listed as endangered, the
Act prohibits the malicious damage or destruction on areas under
Federal jurisdiction and the removal, cutting, digging up, or damaging
or destroying of such plants in knowing violation of any State law or
regulation, including State criminal trespass law. Section 4(d) allows
for the provision of such protection to threatened species through
regulation. This protection may apply to this species in the future if
regulations are promulgated. Seeds from cultivated specimens of
threatened plants are exempt from these prohibitions provided that a
statement of ``cultivated origin'' appears on their containers. Certain
exceptions to the prohibitions apply to agents of the Service and State
conservation agencies.
The Act and 50 CFR 17.72 also provide for the issuance of permits
to carry out otherwise prohibited activities involving threatened plant
species under certain circumstances. Such permits are available for
scientific purposes and to enhance the propagation or survival of the
species. For threatened plants, permits also are available for
botanical or horticultural exhibition, educational purposes, or special
purposes consistent with the purposes of the Act. Pecos sunflower is
not common in cultivation or in the wild, and there has been only
limited commercial trade in the species. Therefore, it is anticipated
that few trade permits will ever be sought or issued. Requests for
copies of the regulations on listed plants and inquiries regarding
prohibitions and permits may be addressed to the U.S. Fish and Wildlife
Service, P.O. Box 1306, Albuquerque, New Mexico 87103 (telephone 505/
248-6649, facsimile 505/248-6922). Information collections associated
with these permits are approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094. For additional information concerning these
permits and associated requirements, see 50 CFR 17.72.
It is the policy of the Service, published in the Federal Register
on July 1, 1994 (59 FR 34272), to identify, to the maximum extent
practicable at the time a species is listed, those activities that
would or would not constitute a violation of section 9 (prohibited
acts) of the Act. The intent of this policy is to increase public
awareness of the effects of the listing on proposed and ongoing
activities within the species' range. Collection of this species from
Federal lands would violate section 9, although in appropriate cases
permits could be issued to allow collection for scientific or recovery
purposes.
Generally, activities of landowners on private lands or of others
on lands not under Federal jurisdiction will not violate section 9 of
the Act even if the activities result in destruction of Pecos
sunflowers. These activities might include filling of wetlands,
construction or maintenance of drainage ditches, construction of
impoundments or other livestock watering facilities, mowing or
clearing, and livestock grazing. However, some of these activities may
require Federal, State, and/or local approval under other laws or
regulations; filling of wetlands, for example, may require Army Corps
of Engineers authorization under Section 404 of the Clean Water Act.
Questions regarding whether specific activities may constitute a
violation of section 9 should be directed to the Field Supervisor of
the New Mexico Ecological Services Field Office (see ADDRESSES
section).
[[Page 15813]]
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 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 Pecos sunflower;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and,
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Any final decision on the proposed regulation for this species will
take into consideration the comments and any additional information
received by the Service, and 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 the date of
publication of the proposal in the Federal Register. Such requests must
be made in writing and addressed to the Field Supervisor, New Mexico
Ecological Services Field Office (see ADDRESSES section).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
Required Determinations
This rule does not contain collections of information that require
approval by the Office of Management and Budget under 44 U.S.C. 3501 et
seq.
References Cited
A complete list of all references cited herein is available upon
request from the U.S. Fish and Wildlife Service, New Mexico Ecological
Services Field Office (see ADDRESSES section).
Author: The primary author of this proposed rule is Charlie
McDonald, New Mexico Ecological Services Field Office (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend 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
* * * * * * *
Helianthus paradoxus............. Pecos sunflower U.S.A. (NM, TX).... Asteraceae......... T X NA NA
(=puzzle sunflower,
paradox sunflower).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: March 20, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-8518 Filed 3-31-98; 8:45 am]
BILLING CODE 4310-55-P
