[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20162]
[[Page Unknown]]
[Federal Register: August 17, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AB83
Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Lilium Occidentale (Western Lily)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status pursuant to the Endangered Species Act of 1973, as
amended (Act) for the plant Lilium occidentale (western lily). This
lily is known to occur in 31 small, widely separated populations in
sphagnum bogs, coastal scrub and prairie, and other poorly drained
soils along the coast of southern Oregon and northern California.
Threats to the species include development (e.g., roads, cranberry
farms, buildings, and associated infrastructure), competition from
encroaching shrubs and trees into lily habitat, bulb collecting, and
grazing by domestic livestock and deer. Human activities have
interrupted natural processes of bog and wetland creation and
maintenance, so that there are fewer bogs in early successional stages
suitable for this lily. This rule implements the Federal protection and
recovery provisions provided by the Act for this species.
EFFECTIVE DATE: September 16, 1994.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Boise Field Office,
U.S. Fish and Wildlife Service, 4696 Overland Rd., Room 576, Boise,
Idaho 83705.
FOR FURTHER INFORMATION CONTACT: Dr. Robert L. Parenti, Botanist, at
the above address (208/334-1931, FAX 208/334-9493).
SUPPLEMENTARY INFORMATION:
Background
Carl Purdy first collected and described Lilium occidentale
(western lily) from unspecified locations in the headlands around
Humboldt Bay, California (Purdy 1897). There are no other taxonomic
treatments of this lily. Some researchers have speculated that separate
Oregon and California varieties of the lily may exist (Ballantyne
1980). The variation between lilies in these two regions is now
believed to be due to environmental differences; i.e. wetter (bog)
sites and drier (coastal prairie) sites, and not geographic variation
(Mark Skinner, California Native Plant Society, pers. comm., 1991). In
some instances, L. occidentale is known to hybridize with L.
columbianum (tiger lily) that grows in generally drier sites. Hybrids
are known only from disturbed sites such as road edges.
Lilium occidentale, a perennial in the lily family (Liliaceae),
grows from a short unbranched, rhizomatous bulb, reaching a height of
up to 1.8 meters (5 feet (ft)). Leaves grow along the unbranched stem
singly or in whorls and are long and pointed, roughly 1 centimeter (cm)
wide and 10 cm long (0.5 inch (in) by 4 in). The nodding flowers are
red, sometimes deep orange, with yellow to green centers in the shape
of a star and spotted with purple. The six petals (tepals) are 3 to 4
cm (1 to 1.5 in) long and curve strongly backwards. This species can be
distinguished from similar native lilies by the combination of pendent
red flowers with yellow to green centers in the shape of a star, highly
reflexed petals, non-spreading stamens closely surrounding the pistil,
and an unbranched rhizomatous bulb. Lilium columbianum is yellow to
orange and grows from a typical ovoid bulb; L. vollmeri, L. pardilinum,
and L. maritimum can have red tepals, but none have the distinctive
characters of stamens that stay close to the pistil and a green central
star (which may change to yellow with age).
Lilium occidentale has an extremely restricted distribution within
2 miles (3.2 kilometers (km)) of the coast from Hauser, Coos County,
Oregon to Loleta, Humboldt County, California. This range encompasses
approximately the southern one-third of the Oregon coast and the
northern 100 miles (161 km) of the California coast. Its extreme
westerly distribution is the origin of its specific name. The plant is
currently known from 7 widely separated regions along the coast, and
occurs in 31 small (2 square meters (2.4 square yards) to 4 hectares
(10 acres) in area), isolated, densely clumped populations. Of the 25
populations known in 1987 and 1988, 9 contained only 2 to 6 plants, 5
contained 10 to 50 plants, 6 contained 51 to 200 plants, 4 contained
201 to 600 plants, and 1 contained almost 1,000 plants (Schultz 1989).
At some sites, particularly the sites with more than 200 plants, the
majority of plants were non-flowering, which is probably an indication
of stress (Schultz 1989). Schultz calculated a known population of 661
flowering and at least 2,750 non-flowering plants in 1988. Since then,
an estimated total of 1,000 to 2,000 flowering plants have been
discovered at 4 sites near Crescent City, California, where none were
previously known (Dave Imper, Humboldt State University Foundation,
pers. comm., 1991). In addition, a population of about 125 flowering
plants was discovered near Brookings, Oregon, in 1991 (Margie Willis,
Oregon Department of Parks and Recreation, pers. comm. 1991), and a
population of 13 flowering plants was discovered near Bandon, Oregon,
in 1992. The known populations occur on State of Oregon (15), county
(1), private (15) including 1 site on land owned by The Nature
Conservancy, and State of California (2) lands. Two sites span two
ownerships.
In Oregon, Schultz (1989) identified a 20-mile stretch of coast
from Bandon to Cape Blanco as an area likely to contain undiscovered
populations of Lilium occidentale. Previously, Ballantyne (1980)
searched this area and did not find new populations, but his visit was
after flowering when the plants would have been inconspicuous. It is
possible this area may support the lily. In California, little suitable
habitat remains that has not already been surveyed (Dave Imper, pers.
comm., 1992). The extremely dense vegetation in the coastal scrub
habitat and around bogs makes surveying for the lily difficult.
Lilium occidentale grows at the edges of sphagnum bogs and in
forest or thicket openings along the margins of ephemeral ponds and
small channels. It also grows in coastal prairie and scrub near the
ocean where fog is common. Herb and grass associates include
Calamagrostis nutkaensis (Pacific reedgrass), Carex sp. (sedge),
Sphagnum sp. (sphagnum moss), Gentiana sceptrum, and Darlingtonia
californica (California pitcher-plant). Common shrub associates are
Myrica californica (wax-myrtle), Ledum glandulosum (Labrador tea),
Spiraea douglasii (Douglas' spiraea), Gaultheria shallon (salal),
Rhododendron macrophyllum (western rhododendron), Vaccinium ovatum
(evergreen huckleberry), and Rubus sp. (blackberry). Tree associates
include Pinus contorta (coast pine), Picea sitchensis (sitka spruce),
Chamaecyparis lawsonia (Port Orford cedar), and Salix sp. (willow)
(Schultz 1989).
Lilium occidentale has not been widespread in recent times.
Historical records indicate that it was once more common than it is
today. After the ice age, rising sea levels flooded marine benches
where bogs and coastal scrub would have been more extensive than today.
That may account for the patchiness of its current habitat
distribution. It is known or assumed to be extirpated in at least nine
historical sites, due to forest succession, cranberry farm development,
livestock grazing, highway construction, and other development. Its
status is uncertain in at least seven other historical sites (Schultz
1989). These factors continue to threaten the lily, with development
taking a primary role. Two known populations near Brookings, Oregon
were partially or totally destroyed by unpermitted development-related
wetland fill activity in 1991. The largest known population and three
smaller populations near Crescent City, California are currently
threatened by housing and recreation development (Dave Imper, pers.
comm. 1991).
Previous Federal Action
Federal action on this plant began as a result of section 12 of the
Endangered Species 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. This report, designated as House Document No. 94-51, was
presented to Congress on January 9, 1975. In that document, Lilium
occidentale was considered to be endangered.
On July 1, 1975, the Service published a notice in the Federal
Register (40 FR 27823) accepting the report as a petition to list the
species within the context of section 4(c)(2) (now section 4(b)(3)(A))
of the Act), and giving notice of its intention to review the status of
the plant taxa named therein. In this and subsequent notices, Lilium
occidentale was treated as under petition for listing as endangered. As
a result of that review, on June 16, 1976, the Service published a
proposed rule in the Federal Register (41 FR 24523) to determine
endangered status pursuant to section 4 of the Act for approximately
1,700 vascular plant species, including L. occidentale. The list of
1,700 plant species was assembled on the basis of comments and data
received by the Smithsonian Institution and the Service in response to
House Document No. 94-51 and the July 1, 1975, Federal Register
publication.
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 the portion of
the June 16, 1976, proposal that had not been made final, including
Lilium occidentale, along with four other proposals that had expired.
The Service published an updated Notice of Review for plants on
December 15, 1980 (50 FR 82480) including Lilium occidentale as a
category 1 species, meaning that the Service had sufficient information
to support a proposal for listing. A review of the information
available on this species in 1985 indicated that category 2 status was
more appropriate, and the plant was included as such in the September
27, 1985 (50 FR 39526) Notice of Review for plants. Category 2 species
are taxa for which the Service has some information indicating that
listing may be warranted, but additional information on biological
vulnerability and threats is needed to support a proposal for listing
as threatened or endangered. In 1989, a status review of the species
was completed (Schultz 1989). This report provided the additional
information necessary to elevate the species to a category 1 candidate;
it was included as such in the February 21, 1990, Plant Notice of
Review (55 FR 6184).
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 all petitions
pending on October 13, 1982, be treated as having been newly submitted
on that date. 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 yearly pursuant to section 4(b)(3)(C)(i) of the Act. The
finding was reviewed each year from 1984 through 1991. A proposal to
list Lilium occidentale as endangered was published in the Federal
Register on October 26, 1992 (57 FR 48495). The Service now determines
L. occidentale to be endangered with the publication of this rule.
Summary of Comments and Recommendations
In the October 26, 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 listing decision. Appropriate State agencies, scientific
organizations, and other interested parties were contacted and
requested to comment. Newspaper notices were published in The Oregonian
paper, Portland, Oregon, on November 27, 1992, and The World paper,
Coos Bay, Oregon, on November 25, 1992, which invited general public
comment. Three letters were received. Two letters, both from private
citizens, were in support of the listing. One letter, from a local
government, questioned whether there has been enough study on the need
to list the species, its habitat requirements, or whether habitat
changes such as cranberry farming may actually benefit the plant.
Service Response: The Service believes that the status review of
the plant was very thorough. All known populations from historical
herbarium collections were checked, and many were found to be
extirpated. The restricted habitat requirements of the species are
accurately known, and most suitable habitat has been searched.
Additionally, the Service contacted all individuals knowledgeable about
the species prior to proposing it for listing to assess the most
current information about the status of the species. In response to the
concern with the ability of the lily to grow in cranberry farms, a
small population of lilies was found in 1992 in an apparently abandoned
cranberry bog (Bruce Rittenhouse, Coos Bay District, Bureau of Land
Management, pers. comm.). No populations have been found in active
cranberry farms.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Lilium occidentale should be
classified as an endangered species. Procedures found at section 4 of
the Act (16 U.S.C. 1533) and regulations promulgated to implement the
listing provisions (50 CFR part 424) 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 L. occidentale Purdy (western lily) are as
follows:
A. The present or threatened destruction, modification, or
curtailment of habitat or range. Lilium occidentale existed
historically at several sites above Humboldt Bay in northern
California. These populations have been extirpated by development or,
in some cases, encroachment by forest. From the 1940's to the present,
conversion of bog habitat to cranberry farms, roads, and residential
dwellings has eliminated suitable L. occidentale habitat as well as
some populations of the plant in the area from Bandon south to Cape
Blanco, Oregon (Schultz 1989). This area contained perhaps the greatest
concentration of the species in Oregon 40 to 50 years ago, according to
native plant collectors and old-time residents of the area (Ballantyne
1980). In 1988, this area contained 6 small populations with a total of
fewer than 125 flowering plants (Schultz 1989). Clearing and draining
along the Elk and Sixes Rivers in Oregon for livestock grazing have
eliminated many of the once numerous populations there (Ballantyne
1980). In the mid-1960's, the construction of a picnic area and
restroom facility in an Oregon State Park destroyed another population.
In the summer of 1987, trail maintenance by a crew from this same State
Park destroyed the flowering shoots of six L. occidentale (Schultz
1989).
In 1984, the city of Brookings, Oregon, under an easement permit
from the Oregon Department of Transportation (ODOT), buried a sewer
line along a powerline right-of-way through a lily bog that had
contained up to 100 plants (Veva Stansell, U.S. Forest Service, pers.
comm.) The fill eliminated all the Lilium occidentale in a 20-ft (6.1
meter) wide strip, destroying almost half of the available lily
habitat. The species that later colonized the fill, rushes and alder,
were not the same as those found in the adjoining bog (e.g., sphagnum
and Drosera sundews) (Schultz 1989). In 1991, the City of Brookings
again obtained permission from ODOT to bury a larger sewer line in the
site, widening the destroyed area to approximately 25 ft (7.6 meters).
The project was completed without obtaining proper wetland fill permits
(John Craig, Army Corps of Engineers, pers. comm., 1991). It is
unlikely that the filled area will support L. occidentale in the future
(Stewart Schultz, University of British Columbia, pers. comm., 1991).
The effects on the hydrology of the remaining bog are as yet unknown.
At a second site, a private developer drained a lily bog that
historically contained about 100 plants, without obtaining a State or
Federal permit for the wetland activity. Two lilies were found
remaining between two drainage ditches (Richard Mize, California Native
Plant Society, pers. comm., 1991).
Future development activities threaten the remaining sites where
Lilium occidentale occurs. The largest known population occurs partly
on private land in Crescent City, California. This land has been
surveyed and is platted as a subdivision in city records (Richard Mize,
pers. comm., 1991). Other nearby populations are privately owned and
the owner has expressed the desire to develop the land (Dave Imper,
pers. comm., 1991). The ODOT is currently planning to widen Highway 101
at another lily site. After the proposed rule was published, ODOT
modified their plans and will avoid the lily population. Such pressure
to develop wetland sites occupied by this lily will likely increase in
the future. The lily is limited to habitat very near the coast that is
currently undergoing intense development pressure. The species' bog and
coastal prairie/scrub habitat occurs on level marine terraces that are
desirable for coastal development because of the gentle topography and
proximity to the ocean.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Lilium occidentale is a showy, rare lily and the
species has been collected by lily growers and for the commercial trade
since before the 1930's. After the location of a California population
of L. occidentale was published in lily society yearbooks in 1934,
1955, and 1972, bulb collecting by lily growers and breeders decimated
the population (Ballantyne, 1980). Overcollection continues
sporadically at sites in Oregon and California (Schultz 1989). For
example, in June 1987, seven bulbs were dug from an Oregon site. Lily
breeders collect L. occidentale seed regularly from several sites.
Plants near trails and roads are occasionally picked: at least seven
plants were picked in 1985, four to six in 1986, five in 1987, and two
in 1988 at a site in Oregon (Schultz 1989). Lilium occidentale was
reportedly advertised for sale in western United States and British
seed and bulb catalogues (Siddall and Chambers 1978). Overcollection
currently threatens this plant and would likely increase, if specific
locations of this plant were publicized.
C. Disease or predation. Although a limited amount of grazing may
be of benefit to Lilium occidentale, if it prevents forest succession
(see Factor E); overgrazing by cattle is considered a threat to this
plant. Until recently, livestock overgrazing on the lily and
surrounding vegetation was severe at three California ranch sites
(Schultz 1989). The lily population at one ranch was reduced from over
100 flowering individuals in 1984 to fewer than 10 between 1985 and
1988. At another ranch, half of the fruits were grazed by deer and
cattle in 1985. By July 1987, cattle had crushed 32 percent and grazed
another 25 percent of 49 flowering shoots. Only 17 intact fruits
remained in August (Imper et al. 1987). Deer and elk herbivory is
severe at 3 Oregon sites; 50 to 60 percent of fruit in one population
of about 60 flowering plants were browsed in 1987 and 1988 (Schultz
1989). Unknown vandals destroyed all flowering shoots at one site in
1980 (Ballantyne 1980).
Deer browsing continues to be a threat at the Oregon sites. The
fences, however, are not deer-proof and deer are common at these
ranches. Though occurring sporadically, browsing by deer can cause
major damage.
Grazing of leaves, buds, and flowers by Coleopteran and
Lepidopteran larvae is an ongoing threat at one California site (Imper
et al. 1987). The highly clumped distribution and small number of
populations of Lilium occidentale make any fungal, viral, or bacterial
disease a potential threat. Fungal pathogens are common in cultivated
lilies; growers often avoid planting in ground known to be
contaminated.
D. The inadequacy of existing regulatory mechanisms. Lilium
occidentale is listed as an endangered species in both California
(Chapter 1.5, Sec. 2050 et seq.) and Oregon (ORS 564.100--564.135; OAR
603-73-005 et seq.), and is included in the Oregon Wildflower
Protection Act (ORS 564.020). In California, the ``take'' of State-
listed plants is prohibited, but the law exempts the taking of such
plants via habitat modification or land use change by the landowner.
After the California Department of Fish and Game notifies a landowner
that a State-listed plant grows on his or her property, State law
requires only that the landowner notify the agency ``at least 10 days
in advance of changing the land use to allow salvage of such plant''
(Chapter 1.5, Sec. 1913). In Oregon, the ``take'' of State-listed
plants is prohibited only on State-owned or -leased lands. Enforcement
of State endangered species laws is inadequate, as is evident from the
list of recent depredations in Factor C above, and from the ``take'' of
lilies by activities of the city of Brookings on Oregon Department of
Transportation land, as described in Factor A above. The seriousness of
the problem of enforcement is underscored by the fact that this lily
population on State land was twice subjected to destruction, although
all involved parties were informed of the presence of the rare lily
after the first incident.
Lilium occidentale grows in wetland habitat. Under section 404 of
the Clean Water Act, the U.S. Army Corps of Engineers (Corps) regulates
the discharge of fill into the waters of the United States, including
wetlands. The Clean Water Act requires project proponents to notify the
Corps and obtain a permit prior to undertaking many activities (e.g.,
grading, discharge of soil or other fill material, etc.) that would
result in the fill of wetlands under the Corps' jurisdiction.
The Corps promulgated Nationwide Permit No. 26 (33 CFR 330,
Appendix A) to address fill of isolated or headwater wetlands totalling
less than 10 acres. Where fill would adversely modify less than 10
acres of wetland, the Corps circulates a predischarge notification to
the Service and other interested parties for comment to determine
whether or not an individual permit should be required for a proposed
fill activity and associated impacts. The Corps must respond within 30
days or the proposed activity will be authorized under the nationwide
permit.
Individual permits are required for the discharge of fill material
that would fill or adversely modify greater than 10 acres of wetlands
or any size wetland if proposed or listed species are present and could
be adversely affected by the proposed activity. The review process for
the issuance of individual permits is more rigorous than for nationwide
permits. Unlike nationwide permits, an analysis of cumulative wetland
impacts is required for individual permit applications. Resulting
permits may include special conditions that require avoidance or
mitigation of environmental impacts. On nationwide permits, the Corps
has discretionary authority to require an applicant to seek an
individual permit if the Corps believes that the resources are
sufficiently important, regardless of the wetland's size. In practice,
the Corps rarely requires an individual permit when a project would
qualify for a nationwide permit, except when a threatened or endangered
species or other significant resource would be adversely affected by
the proposed activity.
Most of the populations of Lilium occidentale occur in wetlands
that are less than 10 acres in size. Many are only a few square yards,
and many are in wetlands with no surface drainage to streams (i.e.,
``isolated''). Therefore, filling them could fall under Nationwide
Permit No. 26. If L. occidentale is listed as endangered, formal
consultation with the Service would be required before the Corps could
issue an individual section 404 permit that may adversely affect the
lily.
E. Other natural or manmade factors affecting its continued
existence. The primary long-term natural threat to Lilium occidentale
is competitive exclusion by shrubs and trees as a result of succession
in bogs and coastal prairie/scrub. Human activities such as draining of
wetlands, clearing of land, elimination of beaver, and stabilization of
moving sand areas have interrupted the natural processes of bog and
wetland creation. As late-stage bogs and coastal scrub go through
succession to forest, lily habitat is eliminated with little new
habitat being created. There is some indication that L. occidentale
populations have been maintained in the past by periodic fires, perhaps
set by native Americans (Schultz 1989). Charcoal is abundant in the
soil at several of the major populations, indicating past fires. Fires
are now rare events in these areas.
Young plants of this species are almost always recruited under
shrub cover, but the lily is shaded out if the canopy cover is greater
than 50 percent or shrubs are over 2 meters (6 ft) high. Several
populations and portions of populations have already been extirpated by
forest succession. Eleven populations (ranging from 2 to about 1,000
plants) currently are seriously stressed from competition, as indicated
by low reproductive rates (Schultz 1989). Individual plants do not
flower every year, apparently as an energy-saving mechanism when
stressed. Health of a population can be evaluated by the number of
flowering versus non-flowering plants, and the number of blooms per
plant. It has been suggested that the 11 stressed populations would
probably survive less than a decade without habitat manipulation
(Schultz 1989). Invasion by the exotic shrub gorse (Ulex europaeus)
into the bog habitat of Lilium occidentale has eliminated suitable
habitat in Oregon near Blacklock Point (Ballantyne 1980).
At four California ranch populations, livestock exclosure fences
have solved the immediate problem of overgrazing (Dave Imper, pers.
comm., 1992). A limited amount of grazing may actually benefit the
species by preventing succession. Over time, without habitat
management, forest succession within the exclosures would limit the
lilies to the well-lighted edges of the exclosures and reproduction
would deteriorate.
Some populations are so small (2 to 100 flowering plants) that loss
of genetic variability is a threat. Plants with genetic abnormalities
such as 4-merous flowers, tepals replacing stamens, stamens replacing
tepals, and double flowers have been observed over two or more seasons
at sites in both California and Oregon. The effects of inbreeding may
already be adversely affecting the viability of these small populations
and remains a future threat to the plant (Schultz 1989).
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by Lilium occidentale in determining to make this
rule final. Based on this evaluation, the preferred action is to list
L. occidentale as endangered. This species occupies an extremely
restricted geographic range and is comprised of a total of 2,000 to
3,000 flowering individuals. Residential development, conversion of
habitat to cranberry farms, shrub and tree succession, overcollection,
vandalism, overgrazing, and loss of genetic diversity threaten this
plant with extinction. Because the plant is in danger of extinction
throughout its range, it fits the definition of endangered under the
Act.
Critical habitat is not being designated for this species for
reasons discussed in the ``Critical Habitat'' section of this rule.
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 the species is listed. The Service finds
that designation of critical habitat is not presently prudent for this
species. As discussed under Factor B in the ``Summary of Factors
Affecting the Species,'' Lilium occidentale is threatened by taking.
The publication of precise maps and descriptions of critical habitat in
the Federal Register, as required for the designation of critical
habitat, would increase the degree of threat to this species from take
or vandalism and, therefore, could contribute to its decline and
increase enforcement problems. The listing of this species under the
Act publicizes the rarity of the species and, thus, could make this
plant attractive to researchers, curiosity seekers, or collectors of
wildflowers or rare plants. All involved parties and landowners have
been notified of the importance of protecting this species' habitat.
Protection of the species' habitat will be addressed through the
recovery process and the section 7 consultation process. Therefore, the
Service finds that designation of critical habitat for this species is
not prudent at this time because such designation would increase the
degree of threat from collecting or other human activities.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing results in
public awareness and conservation actions by Federal, State, and local
agencies, private organizations, and individuals. The Endangered
Species 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. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) of the Act requires Federal agencies to
insure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of a listed species. If a
Federal action may affect a listed species, the responsible Federal
agency must enter into consultation with the Service.
The U.S. Army Corps of Engineers will become involved with this
plant species after listing through its permitting authority as
described under section 404 of the Clean Water Act. By regulation,
permits may not be issued where a federally listed endangered or
threatened species would be affected by the proposed project without
first completing consultation pursuant to section 7 of the Act. The
presence of a listed species would highlight the national importance of
these resources. In addition, insurance of housing loans by the
Department of Housing and Urban Development in areas that presently
support Lilium occidentale will be subject to review by the Service
under section 7 of the Act.
The Act and its implementing regulations found at 50 CFR 17.61 and
17.62, set forth a series of prohibitions and exceptions that apply to
listed plant species. All 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 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 of any such species on lands under
Federal jurisdiction; or removal, cutting, digging up, damaging, or
destroying of such plants in knowing violation of any State law or
regulation, or in the course of any violation of a 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 plants under certain circumstances.
Such permits are available for scientific purposes and to enhance
propagation or survival of the species. It is anticipated that trade
permits might be sought because the species is in cultivation and is
very rare in the wild. Requests for copies of the regulations regarding
listed species and inquiries about prohibitions and permits may be
addressed to the U.S. Fish and Wildlife Service, Ecological Services,
Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon
97232-4181 (503/231-6241; FAX 503/231-6243).
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment or Environmental Impact Statement, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited herein, as well as
others, is available upon request from the Boise Field Office (see
ADDRESSES section).
Author
The primary author of this final rule is Helen Ulmschneider,
U.S. Fish and Wildlife Service, Boise Field Office (see ADDRESSES
section), 208/334-1931.
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; Public Law 99-625, 100 Stat. 3500, unless otherwise
noted.
2. Section 17.12(h) is amended by adding the following, in
alphabetical order under the family Liliaceae, 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 rule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
LILIACEAE (Lily
Family)
* * * * * * *
Lilium occidentale.. Western lily........ USA (CA, OR)....... E 545 NA NA
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: July 26, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-20162 Filed 8-16-94; 8:45 am]
BILLING CODE 4310-55-P