[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22368]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC74

 

Endangered and Threatened Wildlife and Plants; Proposed 
Threatened Status for Helianthus eggertii (Eggert's Sunflower)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to 
determine threatened status for Helianthus eggertii (Eggert's 
sunflower) under the authority of the Endangered Species Act of 1973, 
as amended (Act). This rare plant is presently known from Alabama, 
Tennessee and Kentucky with a total of 24 populations in 13 counties. 
It is threatened throughout its range by habitat alteration; 
residential, commercial, or industrial development; succession; and 
conversion of its limited habitat to pasture or cropland. Additionally, 
herbicide use, particularly along roadsides, may also be a threat. This 
proposal, if made final, would extend the Act's protection and recovery 
provisions to Eggert's sunflower.

DATES: Comments from all interested parties must be received by 
November 8, 1994. Public hearing requests must be received by October 
24, 1994.

ADDRESSES: Comments, materials, and requests for a public hearing 
concerning this proposal should be sent to the Field Supervisor, 
Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield 
Court, Asheville, North Carolina 28806. Comments and materials received 
will be available for public inspection, by appointment, during normal 
business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff at the above 
address (704/665-1195, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

    Helianthus eggertii (Eggert's sunflower) is a perennial member of 
the aster family (Asteraceae) known only from Kentucky, Tennessee, and 
Alabama. It is a tall (to 2.5 meters) plant arising from a short, thick 
base, perennating by shallow elongate, fleshy rhizomes that can form an 
extensive network. The plant is smooth, except for some slight 
roughening on the upper leaf surfaces, and has a blue-waxy coloration. 
Lower leaves are conspicuously whitened. The plant's opposite (rarely 
whorled) leaves are mostly lanceolate to narrowly ovate--the largest 
being 10 to 20 centimeters (3.9 to 7.9 inches) long. Leaf edges are 
smooth or minutely toothed and the tip is usually pointed. Large (3-
inch) yellow flowers are borne on the upper third of the stem. Achenes 
(seeds) are blackish or grayish and mottled, 5 to 6 millimeters (0.25 
inches) long, very faintly striated, with just a few scattered 
trichomes (``hairs''). Flowering begins in early August and continues 
through mid-September, and achenes mature from early September to early 
October (Jones 1991). Jones (1991) observed fruit set at between 5 and 
25 seeds per head. Germination rates are generally low for Helianthus, 
rarely exceeding 25 percent, and most require cold treatment (Heiser et 
al. 1969).
    Eggert's sunflower develops an extensive rhizome system and it is 
likely these rhizomes can live for many years. Thus, the plant would 
not necessarily have to have fruit every year to insure its survival. 
Further, if environmental conditions changed (i.e., increased 
competition, shading, etc.) it may be able to survive for several years 
by vegetative means. Jones (1991) noted this was the case at several 
populations. How long they can survive under these conditions is 
unknown.
    Small (1903) described Eggert's sunflower from specimens collected 
by H. Eggert near White Bluff in Dickson County, Tennessee. Beatley 
(1963) considered the plant a distinct species that was ``conspicuous 
because of the colonial habit and glaucescense.'' In a comprehensive 
essay on Helianthus, Heiser et al. (1969) retained H. eggertii as a 
distinct species and placed it in the series Divaricati, being 
distinguished by the nearly sessile, glaucous, and glabrous leaves. 
This work pointed out that H. eggertii is a hexaploid (n=51) and could 
have arisen from a cross between H. laevigatus (n=34), a shale barren 
species of the Alleghany Mountains, and H. decapetalus (n=17), a 
widespread species of the eastern United States.
    Spring and Schilling (1991) found Helianthus eggertii to have a 
unique chemical profile. Of the related sunflowers, the most similar 
was H. laevigatus, which shares 9 of 12 compounds. Smith (1957) 
considered H. eggertii to be a local minor variant of H. strumosus but 
this species proved to be very dissimilar biochemically.
    Helianthus eggertii typically occurs on rolling to flat uplands in 
full sun or partial shade. It is often found in open fields or thickets 
along woodland borders with other tall herbs and small trees. The 
distribution of this species shows a strong correlation with the 
barrens (and similar habitats) of the Interior Low Plateau Province, 
with a few records from the Cumberland Plateau and Appalachian Plateau 
Provinces. The following is a description of the species' status within 
each State where it occurs.
    Alabama. The one known location for Eggert's sunflower in Alabama 
(Blount County) was discovered in 1981 by Robert Kral (Jones 1991). 
This population, while presently vigorous, could be impacted by 
Interstate-65 maintenance or improvements, or by development.
    Tennessee. The following information on Eggert's sunflower in 
Tennessee is primarily from Jones (1991).
    Prior to the status survey conducted by Jones (1991) there were 12 
counties in Tennessee with records (13) of Helianthus eggertii. Four 
sites have been extirpated (one each in Coffee, Davidson, Lawrence, and 
Williamson Counties) and four were found to be erroneous (one each in 
Dekalb, Grundy, Clay, and Morgan Counties). Additional populations were 
discovered during the status survey and later by Milo Pyne (Tennessee 
Department of Environment and Conservation, 1993, in litt.). Several 
sites in Coffee County and Lewis County are likely single populations 
and are treated as such in this document. The 15 known H. eggertii 
sites in Tennessee are distributed as follows: Coffee County--5 
populations (one of which has 8 ``subpopulations''), Lawrence County--4 
populations, and 1 population each in Dickson, Franklin, Lewis (with 6 
``subpopulations''), Marion, Maury, and Williamson Counties. Most of 
these populations are small--half have fewer than 20 individual plants 
(genets). The other populations contain several hundred stems, but 
likely only a small percentage of these are individual genets. Ten of 
the 15 Tennessee populations are threatened by either roadside 
maintenance, weedy invaders, or development. One entire population 
(Arnold Engineering Development Center--this population is made up of 8 
subpopulations) and a portion of another in Tennessee are on Federal 
land, three are all or partially on State land, and the remainder are 
in roadside rights-of-way or on private land.
    Kentucky. The following information on Eggert's sunflower in 
Kentucky was primarily derived from Jones (1991).
    All known Eggert's sunflower populations in Kentucky are from the 
Mammoth Cave Plateau region. Prior to the status survey conducted by 
Jones (1991) there were three counties in Kentucky with single 
occurrence records of Helianthus eggertii. One site, in Edmonson 
County, has been extirpated and the other two records proved to be 
erroneous (one each in Lincoln and Jackson Counties). However, seven 
new populations were discovered during the status survey and an 
additional site was discovered in July 1992 (D. White, Kentucky State 
Nature Preserves Commission, 1993, in litt.). The eight known H. 
eggertii sites in Kentucky are distributed as follows: one population 
from the Edmonson/Barren County line, and one additional population 
from each of these counties, one population from Grayson County, and 
four populations from Hart County. All but one of these populations 
have fewer than 15 individual plants (genets) and 4 have 5 or fewer. 
Only two populations are in barrens and half are threatened by weedy 
competitors and/or road maintenance. Three of the eight Kentucky 
populations are all or partially on Federal land (Mammoth Cave National 
Park), one is owned by The Nature Conservancy, and the remainder are in 
roadside rights-of-way or are in private ownership.

Previous Federal Action

    Federal government actions on this species began with Section 12 of 
the Act (16 U.S.C. 1531 et seq.), which directed the Secretary of the 
Smithsonian Institution (Smithsonian) to prepare a report on those 
plants considered endangered, threatened, or extinct. This report, 
designated as House Document No. 94-51, was presented to Congress on 
January 9, 1975. On July 1, 1975, the Service published a notice (40 FR 
27823) that formally accepted the Smithsonian report as a petition 
within the context of Section 4(c)(2) (now Section 4(b)(3)) of the Act. 
By accepting this report as a petition, the Service also acknowledged 
its intention to review the status of those plant taxa named within the 
report. Helianthus eggertii was included in the Smithsonian report and 
the July 1, 1975, Notice of Review. On June 16, 1976, the Service 
published a proposed rule (41 FR 24523) to determine approximately 
1,700 vascular plant taxa to be endangered species pursuant to section 
4 of the Act; Helianthus eggertii was included in this proposal.
    The 1978 amendments to the Act required that all proposals over 2 
years old be withdrawn. On December 10, 1979 (44 FR 70796), the Service 
published a notice withdrawing plants proposed on June 16, 1976. The 
revised notice of review for native plants published on December 15, 
1980 (45 FR 82480), included H. eggertii as a category 2 species. This 
species was retained as a category 2 species when the notice of review 
for native plants was revised in 1983 (48 FR 53640), 1985 (50 FR 
39526), and again in 1990 (50 FR 6184). Category 2 species are those 
for which the Service has information to indicate that proposing to 
list them as endangered or threatened may be appropriate, but for which 
substantial data on biological vulnerability and threats are not 
currently known or on file to support the preparation of rules.
    Section 4(b)(3)(B) of the Act, as amended in 1982, requires the 
Secretary to make certain findings on pending petitions within twelve 
months of their receipt. Section 2(b)(1) of the 1982 amendments further 
requires that all petitions pending on October 13, 1982, be treated as 
having been newly submitted on that date. This was the case for 
Helianthus eggertii because of the acceptance of the 1975 Smithsonian 
report as a petition. Beginning in October 1983, and in each October 
thereafter until 1993, the Service made an annual finding that listing 
Helianthus eggertii was warranted but precluded by other pending 
listing actions of a higher priority, and that additional data on 
vulnerability and threats were still being gathered. Additional data, 
discussed below, are now available to indicate that listing is 
warranted. The current proposal represents the final petition finding 
for this species.
    The Service funded a survey in 1989 to better determine the status 
of H. eggertii throughout its range, and a final report on this survey 
was accepted by the Service in 1991. Based primarily on information 
contained in the 1991 report, the Service elevated H. eggertii to a 
category 1 species on August 30, 1993, and it was included as such in 
the revised notice of review for native plants published on September 
30, 1993 (50 FR 51144). Category 1 species are those for which the 
Service has sufficient information on hand to support a proposal for 
listing.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the Act and regulations (50 CFR Part 424) 
promulgated to implement the listing provisions of the Act set forth 
the procedures for adding species to the Federal lists. A species may 
be determined to be an endangered or threatened species due to one or 
more of the five factors described in Section 4(a)(1). These factors 
and their application to Helianthus eggertii Small (Eggert's sunflower) 
are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Fifty-eight percent of the 24 
known populations of Helianthus eggertii are threatened with 
destruction or adverse modification of their habitat.
    Thirteen (54 percent) of the 24 known Helianthus eggertii locations 
are threatened by the encroachment of more competitive herbaceous 
vegetation and/or woody plants that produce shade and compete for 
limited water and nutrients. Active management is required to ensure 
that the species continues to survive at all sites.
    Direct destruction of habitat for commercial, residential, or 
industrial development, along with intensive right-of-way maintenance, 
are significant threats to 9 (38 percent) of the 24 known sites.
    Barrens habitat, which seems to be preferred by Eggert's sunflower, 
has been disappearing from the south-central United States at a rapid 
rate. Most of the habitat has been converted to cropland or pasture, or 
developed as residential or industrial sites. Further, DeSelm (1989), 
in a study on Tennessee barrens, reported that all of his study sites 
were in the later stages of succession--the absence of periodic fire 
being a major contributing factor.
    As its natural habitat disappears, Eggert's sunflower is now found 
most often in habitats that only mimic its ecological requirements. 
These sites typically are disturbed habitats such as roadside rights-
of-way, ditches, roadcuts, or mounds of soil and have the accompanying 
assortment of weedy vegetation associated with disturbed areas. 
Colonization likely occurs soon after the disturbance and the sunflower 
is able to compete initially. However, as succession progresses, this 
species is consequently reduced to vegetative growth from rhizomes and 
is eventually eliminated. Periodic burning, mowing, or thinning of 
vegetation at these sites could favor the species by lessening 
competition.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. There is little or no commercial trade in 
Helianthus eggertii at this time. Most populations are very small and 
cannot support collection of plants for scientific or other purposes. 
Inappropriate collecting for scientific purposes or as a novelty could 
be a threat to the species.
    C. Disease or predation. Disease and predation do not appear to be 
factors affecting the continued existence of the species at this time. 
However, in several populations, larval insects have been noted as 
having destroyed nearly all the mature seeds in several flower heads 
(Jones 1991, personal observation 1992).
    D. The inadequacy of existing regulatory mechanisms. Helianthus 
eggertii is a Species of Special Concern in Tennessee, but because it 
is not listed as endangered under that State's Rare Plant Protection 
and Conservation Act, it receives no formal protection. In Alabama, the 
species does not receive any protection by the State. In Kentucky, this 
sunflower is listed as endangered by the Kentucky Academy of Science 
and Kentucky State Nature Preserves Commission. However, these lists 
have no legal standing in the State.
    Should the species be added to the Federal list of endangered and 
threatened species, additional protection from taking will be provided 
to the five populations that are all or partially on Federal land. 
Protection from inappropriate commercial trade also would be provided.
    E. Other natural or manmade factors affecting its continued 
existence. The only other additional factor that threatens Helianthus 
eggertii is the extended drought the species has faced during the past 
few years. This condition is likely causing higher than normal 
mortality of seedlings in the natural populations and could, if 
continued over an extended period of time, have an adverse effect on 
the survival of H. eggertii.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list 
Helianthus eggertii as a threatened species. Threatened status is more 
appropriate than endangered, as threats to the species are not imminent 
and the species does not appear to be in danger of extinction at the 
present time. Critical habitat is not being designated for the reasons 
discussed below.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as: (i) The 
specific areas within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those physical or biological features (I) Essential to the conservation 
of the species and (II) that may require special management 
considerations or protection and; (ii) specific areas outside the 
geographical area occupied by a species at the time it is listed, upon 
a determination that such areas are essential for the conservation of 
the species. ``Conservation'' means the use of all methods and 
procedures needed to bring the species to the point at which listing 
under the Act is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for 
Helianthus eggertii at this time. Service regulations (50 CFR 
424.12(a)(1)) state that designation of critical habitat is not prudent 
when one or both of the following situations exist--(1) The species is 
threatened by taking or other human activity, and identification of 
critical habitat can be expected to increase the degree of such threat 
to the species, or (2) such designation of critical habitat would not 
be beneficial to the species.
    Most populations of this species are small and the loss of even a 
few individuals to activities such as collection for scientific 
purposes could extirpate the species from some locations. Taking, 
without a permit, is prohibited by the Act from locations under Federal 
jurisdiction; however, only two of the known populations are entirely 
under Federal jurisdiction. Publication of critical habitat 
descriptions and maps would increase public interest, possibly lead to 
additional threats to the species from collecting and vandalism, and 
would increase enforcement problems.
    Critical habitat would not be beneficial in terms of adding 
additional protection for the species under section 7 of the Act. 
Regulations promulgated for the implementation of section 7 provide for 
both a ``jeopardy'' standard and a ``destruction or adverse 
modification'' of critical habitat standard. Any additional protection 
from Federal actions gained under Section 7 of the Act would be minimal 
compared to the increase in risk from taking. Should Federal 
involvement occur, habitat protection will be addressed through the 
Section 7 consultation process, utilizing the ``jeopardy'' standard.
    The owners and managers of all the known populations of Helianthus 
eggertii will be made aware of the plant's location and of the 
importance of protecting the plant and its habitat. Protection of this 
species' habitat will also be addressed through the recovery process.

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. Such actions are initiated by the 
Service following listing. The protection required of Federal agencies 
and the prohibitions against taking are discussed, in part, below.
    Section 7(a) of the Act requires Federal agencies to evaluate their 
actions with respect to any species that is proposed or listed as 
endangered or threatened and with respect to its critical habitat, if 
any is being designated. Regulations implementing this interagency 
cooperation provision of the Act are codified at 50 CFR Part 402. 
Section 7(a)(4) requires Federal agencies to confer informally with the 
Service on any action that is likely to jeopardize the continued 
existence of a proposed species or result in the destruction or adverse 
modification of proposed critical habitat. If a species is subsequently 
listed, Section 7(a)(2) requires Federal agencies to ensure that 
activities they authorize, fund, or carry out are not likely to 
jeopardize the continued existence of such a species or to destroy or 
adversely modify its critical habitat. If a Federal action may 
adversely affect a listed species or its critical habitat, the 
responsible Federal agency must enter into formal consultation with the 
Service. The majority of Helianthus eggertii populations are on 
privately owned or State owned land. However, one entire population and 
portions of three others are on Mammoth Cave National Park and one 
population of H. eggertii is on Arnold Engineering Defense Center 
(Department of the Interior, U.S. Park Service and Department of 
Defense, U.S. Air Force, respectively).
    The Act and its implementing regulations found at 50 CFR 17.71 and 
17.72 set forth a series of general prohibitions and exceptions that 
apply to all threatened plants. All trade prohibitions of Section 
9(a)(2) of the Act, implemented by 50 CFR 17.71, would apply. These 
prohibitions, in part, would 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 endangered plants, the 1988 
amendments (Pub. L. 100-478) to the Act prohibit the malicious damage 
or destruction on Federal lands and the removal, cutting, digging up, 
or damaging or destroying of endangered plants in knowing violation of 
any State law or resolution, including State criminal trespass law. 
Section 4(d) of the Act allows for the provision of such protection to 
threatened species through regulations. This protection may apply to 
threatened plants once revised regulations are promulgated. Certain 
exceptions apply to agents of the Service and State conservation 
agencies.
    The Act and 50 CFR 17.72 also provide for the issuance of permits 
to carry out otherwise prohibited activities involving threatened 
species under certain circumstances. It is anticipated that few permits 
would ever be sought or issued because the species is not common in 
cultivation or in the wild. Requests for copies of the regulations on 
listed plants and inquiries regarding prohibitions and permits may be 
addressed to the U.S. Fish and Wildlife Service, Ecological Services 
(TE), 1875 Century Boulevard, Suite 200, Atlanta, Georgia 30345-3301 
(phone 404/679-4000) (facsimile 404/679-7081).

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to Helianthus eggertii;
    (2) The location of any additional populations of Helianthus 
eggertii and the reasons why any habitat should or should not be 
determined to be critical habitat as provided by Section 4 of the Act;
    (3) Additional information concerning the range and distribution of 
this species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on Helianthus eggertii.
    Final promulgation of the regulation on Helianthus eggertii will 
take into consideration the comments and any additional information 
received by the Service, and such communications may lead to adoption 
of a final regulation that differs from this proposal.
    The Act provides for a public hearing on this proposal, if 
requested. Requests must be filed within 45 days of the date of this 
proposal. Such requests must be made in writing and addressed to the 
Field Supervisor, Asheville Field Office, U.S. Fish and Wildlife 
Service, 330 Ridgefield Court, Asheville, North Carolina 28806.

National Environmental Policy Act

    The Fish and Wildlife Service has determined that an Environmental 
Assessment, as defined under the authority of the National 
Environmental Policy Act of 1969, need not be prepared in connection 
with regulations adopted pursuant to Section 4(a) of the Act. 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

Beatley, J. C. 1963. The sunflowers (genus Helianthus) in Tennessee. 
J. of the Tenn. Acad. of Sci. 38:135-154.
DeSelm, H. R. 1989. The barrens of Tennessee. J. of the Tenn. Acad. 
of Sci. 64:89-95.
Heiser, Jr., C. B., D. M. Smith, S. B. Clevenger, and W. C. Martin, 
Jr. 1969. The North American Sunflowers. Memoirs of the Torrey 
Botanical Club 22(3):1-218.
Jones, R. L. 1991. Status Report on Helianthus eggertii Small. 
Unpublished report to the Asheville Field Office, U.S. Fish and 
Wildlife Service, Asheville, North Carolina. 99 pp.
Small, J. K. 1903. Flora of the Southeastern United States. 
Published by the author. New York.
Smith, D. M. 1957. The taxonomy of Helianthus strumosus and related 
species. Ph. D. Diss. Ind. Univ., Bloomington.
Spring, O,. and E. E. Schilling. 1991. The sesquiterpene lactone 
chemistry of Helianthus Sect. Atrorubentes (Asteraceae: 
Heliantheae). Biochemical Systematics and Ecology 19:59-79.

Author

    The primary author of this proposed rule is Mr. J. Allen 
Ratzlaff, Asheville Field Office, U.S. Fish and Wildlife Service, 
330 Ridgefield Court, Asheville, North Carolina 28806 (704/665-1195, 
Ext. 229).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulation Promulgation

PART 17--[AMENDED]

    Accordingly, the Service hereby proposes to amend part 17, 
subchapter B of chapter I, title 50 of the Code of Federal Regulations, 
as set forth below:
    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 Asteraceae to the List of Endangered and 
Threatened Plants:


Sec. 17.12  Endangered and threatened plants.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                  Species                                                                                       
-------------------------------------------    Historic range      Status    When listed    Critical    Special 
   Scientific name         Common name                                                      habitat      rules  
----------------------------------------------------------------------------------------------------------------
                                                                                                                
                                                  * * * * * * *                                                 
Asteraceae--Aster                                                                                               
 family:                                                                                                        
                                                                                                                
                                                  * * * * * * *                                                 
    Helianthus        Sunflower, Eggert's.  U.S.A. (AL, TN, KY)  T           ...........           NA         NA
     eggertii.                                                                                                  
                                                                                                                
                                                  * * * * * * *                                                 
----------------------------------------------------------------------------------------------------------------

    Dated: August 26, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-22368 Filed 9-8-94; 8:45 am]
BILLING CODE 4310-55-P