[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