[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6790]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AB66
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Plant Ipomopsis Sancti-Spiritus (Holy Ghost
Ipomopsis)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines the
plant Ipomopsis sancti-spiritus (Holy Ghost ipomopsis) is an endangered
species, under the authority of the Endangered Species Act of 1973
(Act), as amended. This species occurs at a single location in the
Sangre de Cristo Mountains, San Miguel County, New Mexico. Its survival
is threatened by limited distribution, low plant numbers, the proximity
of development, and intensity of human activity in the area. Potential
threats include road maintenance, chemical herbicide and pesticide use,
biological pest controls, and any natural or manmade factors that would
reduce the already low numbers or significantly alter the habitat. This
action will implement Federal protection provided by the Act for Holy
Ghost ipomopsis. Critical habitat is not being designated.
EFFECTIVE DATE: April 22, 1994.
ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the New
Mexico Ecological Services Field Office, U.S. Fish and Wildlife
Service, 3530 Pan American Highway NE., suite D, Albuquerque, New
Mexico 87107.
FOR FURTHER INFORMATION CONTACT: Philip Clayton, at the above address
(505/883-7877).
SUPPLEMENTARY INFORMATION:
Background
Ipomopsis sancti-spiritus (Holy Ghost ipomopsis) is an erect,
biennial to short-lived perennial plant, known only from the Sangre de
Cristo Mountains of San Miguel County, in north central New Mexico. It
was first collected by Dr. Edward F. Castetter in 1929. Mr. Reggie
Fletcher, U.S.D.A. Forest Service, collected the species in 1977.
Wilken and Fletcher (1988) later described the plant as a species
distinct from the closely related Ipomopsis aggregata.
The Holy Ghost ipomopsis is a member of the phlox family
(Polemoniaceae). It is 30-80 centimeters (cm) (12-31 inches (in)) tall,
with mostly solitary stems, occasionally branched from the base. The
leaves are oval in outline, 3-6 cm (1-2.4 in) long, with 9-15 linear
divisions. The basal leaves form a loose to compact rosette that dies
back at flowering. The leaves are gradually reduced in size up the
length of the stem. The flowers are tubular, pink, and about 2-2.5 cm
(0.8-1 in) long. The stamens do not extend beyond the corolla tube.
The Holy Ghost ipomopsis occurs at an elevation of approximately
2,440 meters (m) (8,000 feet (ft)). The species is found only in a 3.2-
kilometer (km) (2-mile (mi)) segment of a canyon in the Sangre de
Cristo Mountains. The plants are restricted to steep, south- or
southwest-facing slopes, primarily in openings under ponderosa pine
(Pinus ponderosa), Douglas fir (Pseudotsuga menziesii), Gambel oak
(Quercus gambellii), and quaking aspen (Populus tremuloides). The
substrate is a sandy to pebbly limestone conglomerate derived from the
Terrero and Espritu Santo formations (Wilken and Fletcher 1988).
The plant grows in small openings or clearings on the forested
slopes, and it is likely that fire may have played a role in the past
in maintaining open habitat for this species. Plants have colonized the
cut-and-fill slopes of a Forest Service road, indicating some
preference for open, disturbed areas. The entire population of the Holy
Ghost ipomopsis consists of approximately 1,200-2,500 plants, located
on Forest Service and private lands within the boundaries of the Santa
Fe National Forest. Approximately 80 percent of the population occupies
the cut-and-fill slopes along a Forest Service road; the remaining 20
percent of the population occurs on the natural dry and open habitat
higher up on the canyon slopes.
Most of the occupied habitat is along a Forest Service road that
provides access to summer homes and Forest Service campgrounds. In this
location, the plants and their habitat are vulnerable to harm from road
maintenance, wildfire, fire management, and possible pesticide
spraying. Surveys conducted by Forest Service personnel and New Mexico
Energy, Minerals and Natural Resources Department botanists within a
24-km (15-mi) radius of the known population have failed to locate any
additional populations of the species (Sivinski and Lightfoot 1991).
The Holy Ghost ipomopsis was included as a Category 2 candidate
species in a February 21, 1990, notice of plants under review for
classification as threatened or endangered species (55 FR 6184).
Category 2 includes those taxa for which available information
indicates that proposing to list them as endangered or threatened may
be appropriate, but for which there are insufficient data to support
listing proposals at this time. A status report was completed on the
Holy Ghost ipomopsis in 1991 (Sivinski and Lightfoot 1991). This
report, along with other available data, provided sufficient biological
information to justify proposing to list the Holy Ghost ipomopsis as
endangered. On September 22, 1992, the Service published in the Federal
Register a proposed rule to list this species as endangered (57 FR
43682). A notice of public hearing and reopening of the comment period
was published in the Federal Register (58 FR 4144) on January 13, 1993,
and a public hearing was held on January 27, 1993.
Summary of Comments and Recommendations
In the September 22, 1992, proposed rule and associated
notifications, all interested parties were requested to submit factual
reports or information that might contribute to the development of a
final action on this species. Appropriate State agencies, county
governments, Federal agencies, scientific organizations, and other
interested parties were contacted and requested to comment. A newspaper
notice inviting public comment was published in the Santa Fe New
Mexican on September 30, 1992. The public comment period was reopened
and extended until February 23, 1993, in order to accommodate a request
for a public hearing. Newspaper notices announcing the public hearing
and extending the comment period were published in the Las Vegas Daily
Optic on December 23, 1992, and in the Santa Fe New Mexican on January
1, 1993.
A total of 11 written comments were received within the proposed
rule comment period. One Federal agency and one State agency supported
the proposal. Of the four individuals who commented on the proposal,
three supported it and one opposed it. Five private organizations
commented on the proposal; three supported it, one opposed it, and one
was neutral.
A public hearing was requested by Mr. Bert Turner, President of the
Mora/San Juan County Farm and Livestock Bureau, Wagon Mound, New
Mexico. The hearing was held at the Public Employees Retirement
Association Building, Santa Fe, New Mexico, on January 27, 1993, with
21 people attending. Nine oral comments were presented at the hearing.
One comment was supportive, three were in opposition, and five were
neutral.
Written comments received during the comment period and oral
statements presented at the public hearing are covered in the following
summary. Comments of a similar nature or point are grouped into a
number of general issues. These issues, and the Service's response to
each, are discussed below.
Issue 1: Why was the public hearing held in the middle of winter
rather than in the summer, when more of the nonresident owners of the
summer homes could attend and people could see the plant?
Response: The Act requires that a public hearing be held promptly
if requested within 45 days after the date of publication of the
proposed rule. The Service received a public hearing request on October
21, 1992, and scheduled the hearing for January 27, 1993. A delay would
have violated the requirement to hold the hearing promptly and would
have made it difficult to prepare a final action on the proposed rule
within the 1-year deadline mandated by the Act.
Issue 2: Why wasn't the public hearing held in Pecos, New Mexico,
instead of Santa Fe, New Mexico?
Response: Service policy dictates that, if requested, a public
hearing will be held within the general area in which the species
occurs. Santa Fe was thought to be the most convenient location for the
public hearing.
Issue 3: Why were the homeowners' association and adjacent
landowners not notified about the upcoming public hearing?
Response: The Act requires notification of various parties at
certain stages in the rulemaking process. The Service attempts to
notify all interested parties of all notices and rules and to solicit
data and comments when appropriate. Notification is provided and
comments solicited by correspondence, public hearings (if requested),
newspaper notices, press releases, and Federal Register notices.
Newspaper notices were published in the Las Vegas Daily Optic on
December 23, 1992, and in the Santa Fe New Mexican on January 1, 1993.
Both are newspapers of general circulation within the vicinity of
Pecos, New Mexico. A notice of the upcoming hearing was also published
in the Federal Register on January 13, 1993 (58 FR 4144).
In cases where numerous landowners are involved, the Service
attempts to contact the major owners. The Santa Fe National Forest,
which contains most of the known Holy Ghost ipomopsis plants, was
notified of the public hearing. Several individuals in the local area
were notified in writing of the public hearing. The former president of
the homeowners' association was advised by telephone on November 30,
1992, and was later sent a letter (January 13, 1993), notifying him of
the proposed listing and upcoming hearing.
Issue 4: Is Holy Ghost ipomopsis a distinct species?
Response: The senior author of the paper describing Holy Ghost
ipomopsis as a species is a leading authority on the phlox family
(Polemoniaceae), of which Holy Ghost ipomopsis is a member. The paper
(Wilken and Fletcher 1988) was published in a peer-reviewed journal and
met the general professional requirements for naming new species. The
paper has been reviewed by Service botanists and others who find no
reason to doubt Wilken and Fletcher's findings. Also, Wolf et al.
(1991), using electrophoretic enzyme analysis, confirmed that Holy
Ghost ipomopsis is a distinct species.
Issue 5: Does unique flower coloration make Holy Ghost ipomopsis a
distinct species?
Response: This species is unique among plants of the genus
Ipomopsis in having pink-purple flowers, but even more significant are
the anatomical differences. The flower's ovary and stigma are shorter
in Holy Ghost ipomopsis than in any other species in the genus.
Issue 6: Were enough field surveys conducted to determine that Holy
Ghost ipomopsis has a very restricted distribution?
Response: Wilken and Fletcher (1988) surveyed within a 24-km (15-
mi) radius of the known locality for this species in July 1986, but
failed to locate additional plants. Dr. Wilken visited the area and
adjacent areas at least three times in 1987, 1989, and 1990, but failed
to locate additional plants in similar habitats in either the Pecos
River drainage or adjoining drainages in eastern Santa Fe County,
southeastern Taos County, or western San Miguel County (Dieter Wilken,
Colorado State University, in litt., 1992). He also conducted an
exhaustive search of U.S. herbaria and failed to locate any additional
collections of this species. The State of New Mexico (Sivinski 1991)
also surveyed for Holy Ghost ipomopsis but failed to find additional
plants. The Service believes sufficient searches have been made to
confirm that Holy Ghost ipomopsis is a very rare species. However, the
Service also believes that other natural populations may be found and
will likely recommend additional searches as part of the recovery
program for the species.
Issue 7: Two other possible populations of Holy Ghost ipomopsis
were mentioned at the public hearing, one between Glorieta and Pecos,
New Mexico, and one near the Grand Canyon in Arizona.
Response: The Service relies on the best available biological
information when determining to propose or list a species as endangered
or threatened. No reference to either of these populations was
available in the literature or through contacts with botanists who are
familiar with the species. The State of New Mexico surveyed between
Glorieta and Pecos during the summer of 1993, but no Holy Ghost
ipomopsis was found (Robert Sivinski, New Mexico Energy, Minerals and
Natural Resources Department, pers. comm., 1993). There is no way to
verify the location or the identity of the plant from the Grand Canyon.
However, Arizona has been botanically explored for at least 100 years,
and if Holy Ghost ipomopsis did occur there, it is likely that a
specimen would have been collected, deposited in a herbarium, and then
noted during Dr. Wilken's examination of herbarium specimens.
Issue 8: Is Bacillus thuringiensis (BT) a threat to Holy Ghost
ipomopsis?
Response: The biological pest control BT is commonly used for
outbreaks of spruce budworm. Both the U.S. Forest Service and the State
of New Mexico (Forestry and Resources Conservation Division of the
Energy, Minerals and Natural Resources Department) have used BT to
control spruce budworm in New Mexico. Because of the anatomical
characteristics of its flowers, Holy Ghost ipomopsis is thought to be
pollinated by various moths and butterflies, which are highly
susceptible to BT. Elimination of these pollinators could reduce seed
production and seedling recruitment, and contribute to a decline in the
population and range of Holy Ghost ipomopsis.
Issue 9: The Forest Service's use of BT, a biological pest control,
was listed as a primary threat to Holy Ghost ipomopsis in the proposed
rule, yet no such activities have taken place on the Santa Fe National
Forest for over 25 years.
Response: One commenter stated that the area was sprayed with BT in
the 1980's. Although the Forest Service has no current plans to use BT,
the potential to destroy the lepidopteran pollinators for Holy Ghost
ipomopsis still exists. The State of New Mexico has also been involved
in spraying BT for control of spruce budworm infestation on private
property in New Mexico.
Issue 10: How will the listing of Holy Ghost ipomopsis restrict
recreation, wilderness and campground access, or existing cabin leases
in the area?
Response: The Service believes that listing will have little, if
any, impact on recreation, wilderness and campground access, and cabin
leases. The Service will work with the Forest Service to minimize
possible adverse impacts to the species from human activities in Holy
Ghost ipomopsis habitat.
Issue 11: Listing the Holy Ghost ipomopsis will not provide any
more protection for this species than it already receives under Forest
Service management.
Response: Holy Ghost ipomopsis is currently protected under the
State of New Mexico Endangered Plant Species Act (75-6-1 NMSA) and is
on the U.S. Forest Service's Sensitive Species List. Even so, it does
not have the same degree of protection and management as a federally
listed species. Listing under the Endangered Species Act promotes
recovery through the development and implementation of a recovery plan,
provides additional management opportunities by drawing attention to
the species and its habitat requirements, creates the requirement for
interagency consultation through the section 7 process, and makes it
illegal, with possibly severe penalties, to maliciously damage,
destroy, or remove and possess plants from lands under Federal
jurisdiction.
Issue 12: A commercial nursery has Holy Ghost ipomopsis under
cultivation.
Response: Apparently, propagation material was obtained several
years ago by a commercial grower of native plants. Nursery propagation
of this material could provide a commercial source for Holy Ghost
ipomopsis plants, and thus help conserve this species by discouraging
the collection or digging of plants from wild populations. Propagation
knowledge gained by the commercial grower may be of considerable value
in establishing a refugial population or in reestablishing populations
in natural habitat within the species' historic range.
Issue 13: Critical habitat should be designated and an economic
analysis should be done. Although critical habitat was not proposed for
Holy Ghost ipomopsis because of a perceived threat from overcollection
that could be worsened by publication of critical habitat locality
maps, this species can be located from available information.
Response: Overcollection of plants with unusual coloration or showy
flowers is a real threat. Horticulturists and rare plant enthusiasts
are constantly looking for new plants for commercial use. Locality
information for this species is available in the scientific literature;
however, the Service does not wish to attract additional or undue
attention to the exact location of Holy Ghost ipomopsis populations by
publication of maps in the Federal Register. An analysis of economic
impacts is required for critical habitat designation, but cannot be
considered for the species' listing itself. Nor can a decision not to
list a species be based on economic considerations. A decision not to
list a species or to delist a species can only be made if the Service
determines, based on the best scientific and commercial information
available, that listing is not warranted. Because the Service has
determined that critical habitat designation is not prudent, no
economic analysis is required.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Holy Ghost ipomopsis should
be classified as an endangered species. Procedures found at section
4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations (50 CFR
part 424) promulgated to implement the listing provisions of the Act
were followed. 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 Ipomopsis
sancti-spiritus Wilken and Fletcher (Holy Ghost ipomopsis) are as
follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. The Holy Ghost ipomopsis occurs in
an area that has been heavily used for recreation for at least the last
50 years. This use includes approximately 36 recreation cabins and a
Forest Service campground. A nearby trout stream receives significant
use by anglers. These high-use recreational values have been protected
by the almost complete exclusion of timber harvests and forest fires.
As the forest has become more mature and natural openings less
numerous, the majority of the known population of the Holy Ghost
ipomopsis has become associated with the manmade disturbance associated
with the Forest Service road.
Road maintenance poses a potential threat to the species. An
example is a nearby Forest Service road that was graveled using crushed
waste rock from an abandoned mine. The sulfides in this mine waste
created highly acid road runoff that killed the surrounding vegetation.
If this or other toxic materials were used for the Forest Service road
occupied by Holy Ghost ipomopsis, those portions of occupied habitat
would no longer be suitable for the species. Although Forest Service
roads in the area are not presently sprayed with herbicides, this type
of weed control could be a future maintenance threat. The Forest
Service road occupied by Holy Ghost ipomopsis was straightened and
paved in 1989. The 111 plants that would have been destroyed by the
activity were moved in mid-June of that year to similar habitat at Elk
Mountain. None of the transplants survived.
The control of spruce budworm is a potential threat to pollinators
of Holy Ghost ipomopsis. The spruce budworm is a moth larva that can
defoliate large areas of spruce and Douglas fir. When infestations
occur in residential areas, the State of New Mexico receives numerous
requests for large area aerial broadcast of Bacillus thuringiensis as a
pesticide. This pesticide kills not only the spruce budworm moth, but
all other lepidopterans including those that serve as pollinators for
the Holy Ghost ipomopsis. If this treatment were repeated for more than
one year, it might have a serious impact on seed production and
population recruitment for this short-lived species.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. No economic uses for the Holy Ghost ipomopsis are
known. However, the low population numbers make the species vulnerable
to harm from both scientific and non-scientific collecting. The species
produces a very attractive flower, which may make the plants more
likely to be picked by visitors to the canyon. If the plants become
well known, there may be interest in propagating the species for
commercial purposes.
C. Disease or predation. No significant disease or predation has
been observed for this species.
D. The inadequacy of existing regulatory mechanisms. There is no
Federal law that protects the Holy Ghost ipomopsis. The plant is
protected by the New Mexico Endangered Plant Species Act. Any person
wishing to collect a species listed under this Act for the purposes of
scientific investigation, documenting a new population, or
transplanting must first obtain a permit from the New Mexico Energy,
Minerals and Natural Resources Department. The Forest Service has
included the Holy Ghost ipomopsis on its Sensitive Plant Species List.
The species is considered in Forest Service environmental assessments
and planning. The Endangered Species Act would provide additional
protection for this species through section 7 (interagency cooperation)
requirements and through section 9, which prohibits malicious damage,
destruction, or removal and reduction to possession of plants occurring
on lands under Federal jurisdiction.
E. Other natural or manmade factors affecting its continued
existence. Low numbers and limited distribution make this species
vulnerable to extinction from natural and manmade threats. Reduction in
plant numbers could reduce the reproductive capabilities and genetic
potential of the species.
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 make this rule
final. Based on this evaluation, the preferred action is to list Holy
Ghost ipomopsis as endangered without critical habitat. This status is
appropriate because of the species' limited distribution, low
population numbers, proximity of human development, and intensity of
human use of the area. Potential threats include road maintenance,
habitat alteration, pesticide application, and fire suppression.
Critical habitat is not being designated for the reasons discussed
below.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate
critical habitat at the time a species is determined to be endangered
or threatened. The Service finds that designation of critical habitat
is not presently prudent for this species. Pursuant to 50 CFR
424.12(a)(1), a 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 such threat
to the species, or (2) such designation of critical habitat would not
be beneficial to the species. As discussed under Factor B in the
``Summary of Factors Affecting the Species,'' Holy Ghost ipomopsis is
threatened by taking, an activity that is difficult to prevent and only
regulated by the Act with respect to plants in cases of (1) removal and
reduction to possession of listed plants from lands under Federal
jurisdiction, or their malicious damage or destruction on such lands;
and (2) removal, cutting, digging up, or damaging or destroying in
knowing violation of any state law or regulation, including state
criminal trespass law. Such provisions are difficult to enforce, and
publication of critical habitat descriptions and maps would make Holy
Ghost ipomopsis more vulnerable and increase enforcement problems. All
involved parties and principal landowners have been notified of the
location and importance of protecting this species' habitat. Protection
of this species' habitat will be addressed through the recovery process
and through section 7 consultation. Therefore, it would not now be
prudent to determine critical habitat for Holy Ghost ipomopsis.
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
practices. Recognition through listing encourages and results in
conservation actions by Federal, State, and private agencies, groups,
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 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)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed 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 formal consultation with the Service.
Possible future Federal actions that could affect Holy Ghost
ipomopsis on the Santa Fe National Forest include road construction and
maintenance, aerial spraying of Bacillus thuringiensis to control
spruce budworm infestations, and fire suppression within the habitat
area.
The Act and its implementing regulations found at 50 CFR 17.61,
17.62, and 17.63 set forth a series of general prohibitions and
exceptions that apply to all endangered plants. All trade prohibitions
of section 9(a)(2) of the Act, implemented by 50 CFR 17.61, 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 to possession the species from areas under Federal jurisdiction.
In addition, for endangered plants, the Act prohibits the malicious
damage or destruction on Federal lands 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 apply to agents of the Service and
State conservation agencies.
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered species under certain circumstances. 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 Holy Ghost ipomopsis is not common in
cultivation or in the wild. However, because of its beautiful and
uniquely colored flowers, local demands for garden cultivation may
increase as the species becomes better known. Requests for copies of
the regulations on listed species and inquiries regarding prohibitions
and permits may be addressed to the Office of Management Authority,
U.S. Fish and Wildlife Service, room 420C, 4401 N. Fairfax Drive,
Arlington, Virginia 22203 (703/541-2104; FAX 703/358-2281).
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
Sivinski, R., and K. Lightfoot. 1991. Status report on Ipomopsis
sancti-spiritus. U.S. Fish and Wildlife Service, Albuquerque, New
Mexico. 17 pp.
Wilken, D.H., and R. Fletcher. 1988. Ipomopsis sancti-spiritus
(Polemoniaceae), a new species from northern New Mexico. Brittonia
40(1):48-51.
Wolf, P.G., P.S. Soltis, and D.E. Soltis. 1991. Genetic
relationships and patterns of allozymic divergence in the Ipomopsis
aggregata complex and related species (Polemoniaceae). American
Journal of Botany 78(4):515-526.
Author
The primary author of this final rule is Philip Clayton (see
ADDRESSES section).
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.
2. Amend Sec. 17.12(h) by adding the following, in alphabetical
order under the family Polemoniaceae, to the List of Endangered and
Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
----------------------------------------------------------------------------------------------------------------
Species
---------------------------------------- Historic range Status When listed Critical Special
Scientific name Common name habitat rules
----------------------------------------------------------------------------------------------------------------
Polemoniaceae--Phlo
x family:
* * * * * * *
Ipomopsis Holy Ghost U.S.A. (NM)....... E 535 NA NA
sancti- ipomopsis.
spiritus.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: March 7, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-6790 Filed 3-22-94; 8:45 am]
BILLING CODE 4310-55-P