[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28326]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC09

 

Endangered and Threatened Wildlife and Plants; Reclassification 
of the Virginia Round-Leaf Birch (Betula Uber) From Endangered to 
Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines that 
Betula uber (Ashe) Fernald (Virginia round-leaf birch) warrants 
reclassification from endangered to threatened. The determination is 
based on the substantial improvement in the status of this tree 
species, which is known from one naturally occurring population in 
southwestern Virginia. The establishment of 20 additional populations 
over the past decade has resulted in a dramatic increase in the total 
population to over 1,400 subadult trees. Betula uber seedlings also 
have been cultivated and distributed to interested parties throughout 
the United States and to two foreign countries. This rule implements 
the Federal protection and recovery provisions for threatened species 
as provided by the Act.

EFFECTIVE DATE: December 16, 1994.

ADDRESSES: The complete file of this rule is available for inspection, 
by appointment, during normal business hours at the Endangered Species 
Office, U.S. Fish and Wildlife Service, 300 Westgate Center Drive, 
Hadley, MA 01035-9589.

FOR FURTHER INFORMATION CONTACT: Ms. Debbie Mignogno at the above 
address, telephone (413/253-8627) (FAX 413/253-8482).

SUPPLEMENTARY INFORMATION:

Background

    The Virginia round-leaf birch was originally described as a variety 
of the common sweet birch (Betula lenta L.) in 1918 by W.W. Ashe from 
trees he reported growing along the banks of Dickey Creek in Smyth 
County, Virginia (Ashe 1918). The taxon was subsequently elevated to 
the species level by M.L. Fernald. The round-leaf birch was not 
collected or observed during the 1950s and 1960s, and was assumed to be 
extinct until it was rediscovered in 1975 along the banks of Cressy 
Creek, approximately 2 kilometers (1 mile) from the type locality (Ogle 
and Mazzeo 1976). The general consensus among botanists working with 
the species is that Ashe probably erred in his original reference to 
Dickey Creek (Sharik and Ford 1984, Sharik, Feret and Dyer 1990). Since 
1975, searches in the Cressy Creek and other watersheds over a three-
county area have not revealed any additional populations in the wild.
    Several lines of evidence now suggest a close evolutionary 
relationship between the Virginia round-leaf birch and the sweet birch. 
Both taxa are apparently diploids, with 28 pairs of chromosomes, and 
isozymes extracted from the cambium of both species showing similar 
patterns (U.S. Fish and Wildlife Service 1990). The taxa overlap 
completely in flowering times, and they are interfertile (Sharik and 
Ford 1984, U.S. Fish and Wildlife Service 1990). The offspring of 
crosses between the two taxa typically possess either the round leaves 
characteristic of round-leaf birch or the ovate leaf shape typical of 
sweet birch. Preliminary analysis suggests that this difference in leaf 
shape may be controlled by a single gene (Sharik et al. 1990, U.S. Fish 
and Wildlife Service 1990). This subject warrants further data 
collection and analysis to determine the species' proper taxonomic 
status.
    Betula uber is a moderate-sized tree in the Betulaceae family. It 
grows to 15 meters (45 feet) in height with smooth, dark brown to 
black, aromatic bark and a compact crown (Ogle and Mazzeo 1976, Sharik 
and Ford 1984, U.S. Fish and Wildlife Service 1990). Its leaves are 
round to slightly oblong and alternately arranged. The catkins have 
long, smooth scales and three broadly divergent lobes. Three winged 
nutlets or samaras are borne at the base of each scale (Sharik and Ford 
1984). Betula uber flowers when the leaves emerge from the winter buds 
in April to early May (U.S. Fish and Wildlife Service 1986).
    At the time of its rediscovery in 1975, the only known natural 
Betula uber population consisted of 41 individuals; by 1977 the 
population had declined to 26 individuals, and it is now down to 11 
trees. This population is confined to a 100 meter-wide (100 yard-wide) 
band of highly disturbed second-growth forest along a one kilometer (1 
mile) stretch of the Cressy Creek floodplain, a site nearly surrounded 
by agricultural land (Ogle and Mazzeo 1976, Ford, Sharik and Feret 
1983). The strip of forest containing the round-leaf birch occurs 
within a much larger population of related dark-barked birch species 
(sweet birch and yellow birch, B. alleghaniensis). The round-leaf birch 
population extends over three contiguous ownerships comprising the 
Mount Rogers National Recreation Area in the Jefferson National Forest 
and two private tracts. In 1976, the Federal government and the private 
landowners erected protective fences around their respective segments 
of the population. This did not, however, prevent subsequent vandalism 
and transplanting of individual trees by private landowners, with a 
resultant loss of 12 round-leaf birches on the private lands.

Previous Federal Action

    Protection of the species gained momentum in 1977 with formation of 
the Betula uber Protection, Management and Research Coordinating 
Committee, which consists of representatives from the Federal and State 
governments, conservation organizations, universities, and the private 
sector. Betula uber was added to the U.S. Department of the Interior's 
list of endangered and threatened wildlife and plants on April 26, 1978 
(43 FR 17910), bringing it under the protection of the Endangered 
Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The 
species was also added to the Commonwealth of Virginia's Endangered 
Plant and Insect Species Act in 1979 (Virginia Department of 
Agriculture and Consumer Services 1979).
    In 1982, the Service approved the Virginia Round-Leaf Birch 
Recovery Plan (U.S. Fish and Wildlife Service 1982), which was revised 
in 1986 and updated in 1990. The goal of this plan is to increase the 
number of round-leaf birches in the wild to a level where the species 
can be removed from the Federal list; this level is estimated at 500-
1,000 individuals in each of 10 self-sustaining populations. These 
populations may include individuals of sweet birch which carry the 
round-leaf trait. Any population of round-leaf birch, whether natural 
or established through plantings, will be considered self-sustaining 
when it produces 500-1,000 individuals greater than 2 meters (6 feet) 
tall. Given the present status of round-leaf birch and current 
knowledge of its life history, this condition is projected to be met by 
the year 2010 in both the natural and additional populations. The 1990 
plan does not document a reclassification objective; nevertheless, 
significant recovery progress can trigger consideration for 
reclassification to threatened.
    The natural population has been monitored closely since 1978. Given 
the heavy mortality that has occurred in this population since 1975, an 
effort to enhance natural regeneration was implemented in 1981. Two 
small areas were cleared of vegetation within 60 meters (65 yards) of 
potential seed sources, one on public land and one on private land. 
Eighty-one round-leaf birch seedlings were recorded on the private 
property site. Round-leaf birch seedlings were not produced at the 
public land site, and this was attributed to the absence of a pollen 
source for the relatively isolated round-leaf birch mother trees 
growing there (Sharik et al. 1990). Initial survival and growth rates 
of the seedlings suggested that fitness in round-leaf birch may be as 
high as that in sweet birch (Sharik et al. 1990). However, all of the 
30 round-leaf birch seedlings remaining after the end of the second 
growing season were gone by 1986, the apparent result of vandalism, as 
whole plants (including roots) were missing.
    In 1984, The Nature Conservancy acquired 14 hectares (35 acres) of 
land adjacent to the natural population. The land was in turn purchased 
by the U.S. Forest Service in 1986 and has since been managed as 
potential round-leaf birch habitat; however, round-leaf birches 
currently do not occur there.
    Given the initial success of experiments with birch regeneration, 
it was concluded that additional populations could be established and 
that they could be self-sustaining given periodic disturbance. In 
preparation for planting of seedlings, 20 small (0.1 hectare) (.3 acre) 
openings were cleared in wooded areas within the Cressy Creek watershed 
in locations where sweet birch was abundant. Seeds were collected from 
six round-leaf birch mother trees and four sweet birch mother trees, 
germinated in greenhouse conditions, and held in cultivation for two to 
three growing seasons before transplanting to the cleared areas in 1984 
and 1985. Additional seeds were germinated in 1985 for transplanting in 
1986 and 1987.
    Five populations per year were established over the 4-year period, 
for a total of 20 populations, with the hope that a minimum of 10 
populations would be self-sustaining. Each newly-established population 
consisted of 96 individuals, including both round-leaf and sweet birch 
progeny. Habitat management to promote the establishment of these 
populations included fencing trees from browsers, removing competing 
vegetation around individual transplants, and removing competing 
vegetation from the forests bordering the populations. As of May 1992, 
survival averaged 77.5% for all populations regardless of the mother 
tree species, and ranged from 7.2% to 96.9% (Sharik et al. 1990). On 
this basis, 19 of the additional populations offer the possibility of 
self-maintenance.
    Retention of round-leaf germplasm began in 1975 when the U.S. 
National Arboretum transplanted three seedlings from the wild to their 
grounds in Washington, D.C. Approximately 50 plants were produced from 
the 3 genotypes; these plants were distributed to arboreta, botanical 
gardens, and nurseries in the United States and 2 European countries 
(Sharik et al. 1990). In 1988, approximately 2,000 seedlings from 
crosses of selected genotypes were propagated for distribution to 
arboreta and botanical gardens for teaching and research. Since 1989, 
round-leaf birch seedlings have been distributed to other interested 
organizations and individuals under policy guidelines developed by the 
Virginia Agricultural Experiment Station. Recipients are required to 
cover costs and sign a waiver that they will not sell the plants or 
their offspring.
    To increase awareness of the recovery effort and to minimize human 
impact on the natural population of round-leaf birch located on private 
property, the trees on public land have been the focus of an ongoing 
round-leaf birch interpretive program. A sign erected by the U.S. 
Forest Service gives the location of the largest round-leaf birch in 
the population--the Mt. Rogers Viewing Area--and a ramp provides a 
close-up view of the tree, which is enclosed by a chain link fence. 
Informational materials and guides tell the round-leaf birch story from 
its discovery through current recovery activities.
    After a decade of coordinated effort by Federal, State, and private 
agencies and institutions, as well as private landowners, the outlook 
for the Virginia round-leaf birch has brightened considerably. Because 
of the significant progress made toward recovery of the species and the 
species' current status, reclassification of the Virginia round-leaf 
birch to threatened status is warranted. The current status of Betula 
uber is described below:
    1. Ten additional populations have been established in suitable 
habitat; these populations have showed an average survival rate of 
 75% over a 5 to 8 year period and have reached the stage of 
initiating reproduction.
    2. Genotypes have been preserved through a program of sexual 
propagation and through maintenance of a breeding orchard.
    3. The single natural population is extant, and there are 
opportunities to protect and manage its habitat.
    4. Sufficient information is known to facilitate Betula uber 
reproduction through habitat management.
    Based on a review of status information, research results, and 
further planned recovery actions, it appears highly likely that 
progress toward the delisting objective specified in the recovery plan 
will continue.

Summary of Comments and Recommendations

    In the December 6, 1993 (58 FR 64281), proposed rule and associated 
notifications, all interested parties were requested to submit factual 
reports and information that might contribute to the development of a 
final rule. Appropriate Federal and State agencies, the Smyth County 
government, scientific organizations, and interested parties were 
contacted by letter dated December 21, 1993. A legal notice was 
published in the Smyth County News in December 1993.
    Five written comments were received. The Virginia Department of 
Agriculture and Consumer Services and Dr. Terry L. Sharik, University 
of Utah, support reclassification of the Virginia round-leaf birch to 
threatened status. However, The Nature Conservancy and Mr. Omar G. Ross 
do not support reclassification based on the present status of the one 
naturally-occurring population and the young age of the established new 
populations. One individual supported the Service's efforts to recover 
the species, but did not state his position on the proposed 
reclassification.
    Questions regarding the status of the Virginia round-leaf birch, 
and its eligibility for reclassification to threatened status include: 
(1) Questionable viability of the existing natural stand of 11 Virginia 
round-leaf birches; (2) the immature status of the 20 introduced 
populations which have not yet reached sexual maturity, which means 
that reproductive capability has not yet been demonstrated; and, (3) it 
is unknown whether the existing stands can be self-maintaining. In 
response, the Service's recovery objective for this species, as 
outlined in the Virginia Round-Leaf Birch Recovery Plan (U.S. Fish and 
Wildlife Service 1990), is to ensure viable self-sustaining populations 
by increasing the number of individuals in the wild. Scientists who 
have worked extensively with the round-leaf birch generally agree that 
the 20 introduced populations are highly likely to reproduce in the 
near future. The proven ability to propagate the plant, the variety of 
habitat conditions it appears to tolerate, the fact that all introduced 
populations and a portion of the native population are on protected 
Forest Service lands, the survival rate of the seedlings, and the 
comparative overall status of the species since the species was listed, 
indicate that the species is not in immediate danger of extinction. 
Threats to the species have been effectively diminished, and 
opportunities for further habitat protection and management exist. 
Therefore, reclassification to threatened status reflects the Service's 
awareness that threats continue to exist for Betula uber, though it is 
no longer in immediate danger of extinction.

Summary of Factors Affecting the Species

    After a thorough review and consideration of all information 
available, the Service has determined that Betula uber should be 
reclassified as a threatened species. Procedures found in section 
4(a)(1) of the Act and regulations implementing the listing provisions 
of the Act (50 CFR part 424) for reclassifying species on the Federal 
lists were followed. A species may be listed or reclassified as 
threatened or endangered due to one or more of the five factors 
described in section 4(a)(1). These factors and their application to 
Betula uber (Ashe) Fernald (Virginia round-leaf birch) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    The Virginia round-leaf birch is a pioneer species that succumbs to 
competition from longer-lived species. Under natural conditions, 
Virginia round-leaf birch habitat is threatened by factors such as 
drought, flooding, and competing vegetation. In this regard, by 1984 
flooding and competition with later successional species had caused the 
death of 14 individual trees in the natural population.
    There are 11 trees, 4 reproductively mature adults and 7 subadults, 
remaining in the natural population. Only 2 of the 11 trees occur on 
publicly protected land. The nine trees on private lands remain 
susceptible to adverse habitat modification or to vandalism. However, 
these threats have been greatly diminished through efforts to achieve 
landowner cooperation and public awareness together with the widespread 
distribution of artificially propagated seedlings to the public.
    The optimum habitat requirements of this species apparently are 
very similar to these of sweet birch. Therefore, most of the 20 
introduced populations were planted in areas where sweet birch was 
abundant and could be expected to regenerate well. Additionally, the 20 
established populations were planted on U.S. Forest Service lands; thus 
protecting these individuals from take. Further, their habitats are 
protected from adverse modification and may be managed specifically to 
enhance the species' survival.
    As part of the U.S. Forest Service's land management activities, 
competing vegetation is periodically removed from the base of the 
established trees. Because birches, in general, are known to be 
sensitive to elevated temperatures and reduced moisture (T.L. Sharik, 
Michigan Technological University, pers. comm., 1992), care is taken 
while raking around the trees to avoid removal of too much organic 
matter and exposure of the roots (C. Thomas, U.S. Forest Service, pers. 
comm., 1992).
    On Forest Service land, a bank stabilization project located near 
the fenced enclosure of the largest Betula uber specimen at the Mt. 
Rogers Viewing Area was completed in the summer of 1992. This project, 
which was designed to hold excessive runoff in the existing stream 
channel in order to prevent flooding or erosion of birch habitat, has 
apparently achieved its aims without causing any unintended deleterious 
effects on the birch population.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    To date, the historical loss of 10 of the original 41 individuals 
in the population discovered in 1975 (Sharik et al. 1990) can be 
attributed to transplanting of individual trees on the privately-owned 
tracts and to vandalism. Collection accounts for an additional loss of 
30 seedlings in 1981 from the private land portion of the natural 
regeneration study area (U.S. Fish and Wildlife Service 1990, Sharik et 
al. 1990). Beginning in 1988, in an attempt to reduce collection 
pressure, and to protect from loss of genetic diversity due to illegal 
collecting, seedlings were produced from controlled crosses at a 
breeding orchard located at the Reynolds Homestead Research Center in 
Critz, Virginia. The orchard is maintained by periodic mowing, weeding, 
inspection, and treatment for insects and diseases. The majority of the 
seedlings are in good to excellent condition.
    Beginning in 1988, public arboreta, botanical gardens, nurseries, 
and other interested parties were informed of the availability of 
round-leaf birch seedlings produced from the breeding orchard, and many 
requests were filled, subject to the condition that the plants or their 
offspring were not to be sold. In addition to increasing the number and 
geographical distribution of round-leaf birches in cultivation, making 
the plants available to the public was viewed as a way of possibly 
reducing vandalism to the natural population by changing the public's 
perception of the tree as rare.
    While vandalism and collection remain concerns, the distribution of 
seedlings, along with public awareness efforts such as the interpretive 
activities at the Mt. Rogers National Recreation Area, and coordination 
with persons and agencies in the area whose activities could affect the 
species, have shown at least some indirect success in alleviating these 
problems. It was noted at the 1992 meeting of the Betula uber 
Protection, Management and Research Coordinating Committee that no 
vandalism was reported during the previous year in the introduced 
populations for the first time in five years.

C. Disease or Predation

    Betula uber is subject to a number of compromising factors, 
including diseases, insects, and herbivory. Additionally, white-tailed 
deer will rub saplings with their antlers, and this may nearly or 
completely girdle the main stem. While no serious problems with insect 
damage or disease have been observed in the natural population, three 
diseases were observed in the introduced populations during the 1989 
growing season (C. Thomas, pers. comm., 1992), cankers, anthracnose, 
and a putative foliar virus. In 1991, the highest mortality rate of 
trees with basal cankers occurred in those trees located on poor or 
exposed sites or those which showed symptoms of die-back during the 
year. Plots were sprayed with pesticides between May and August 1991 to 
control fungal pathogens and insects that may be transmitting these 
fungi or creating wounds through which the fungal canker pathogens can 
enter. Damage to round-leaf birch leaves has also been incurred from 
Japanese beetles.
    During 1992, considerable mortality of Betula uber was attributed 
to deer rubs. Browsing by deer and rabbit was evident in several of the 
established populations. While browsing may not cause direct mortality 
due to the capacity of Betula uber to resprout, it may decrease the 
birch's ability to compete with other plants, resulting in the demise 
of the tree. Wire cages, which were placed around the smaller trees to 
prevent further loss from browsing, may have been prematurely removed 
from some of the birch trees in June 1991. Further fencing is needed 
for protection. Additionally, approximately ten were found to be 
leaning. The cause is unknown, but the trees were staked in an attempt 
to stabilize them.
    The maintenance activities described above will continue as part of 
the recovery program following reclassification of Betula uber to 
threatened.

D. The Inadequacy of Existing Regulatory Mechanisms

    Betula uber is protected by the Federal Endangered Species Act of 
1973, as amended, and by the Virginia Endangered Plant and Insect Act 
of 1979. The Virginia statute prohibits taking of endangered plants on 
both public and private lands, except by the private landowner. If the 
proposed reclassification to threatened status becomes final, no 
substantive change in the protection afforded this species under these 
laws is anticipated. Populations on private lands will still be subject 
to loss due to inadequate regulatory protection.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Most of the loss in the natural population has been attributed to 
vandalism and collection. However, loss of individuals could continue 
to occur from such natural causes as competition from later 
successional species and flooding of Cressy Creek. Minimal reproduction 
in the natural population, probably due to the limited source of 
pollen, may result in the gradual and possibly irreversible decline of 
this population unless further management actions are taken.
    The relatively low numbers and limited range of the species 
continue to make the Cressy Creek populations vulnerable to natural 
stresses or catastrophes. However, given the management tools developed 
for the species, as well as the variety of conditions under which the 
20 introduced populations appear to grow, it is unlikely that a single 
natural stress would result in the loss of Betula uber in more than a 
portion of its existing range.
    While the single natural population remains vulnerable to 
extirpation, due largely to past acts of vandalism and a continuing 
failure to reproduce, 19 of the 20 additional populations offer the 
possibility of self-maintenance, suggesting that it is unlikely that 
the round-leaf birch will disappear from its only known native 
watershed. The additional populations are believed to encompass the 
genetic diversity of the natural population. As of May 1992, more than 
1,400 individuals occur within the Cressy Creek watershed, as compared 
to only 41 individuals known to exist when the Cressy Creek population 
was rediscovered in 1975.
    Based on a review of the Virginia Round-Leaf Birch Recovery Plan 
(U.S. Fish and Wildlife Service 1990), the present species' status does 
not meet the criteria established for delisting the species. However, 
given the successful propagation and distribution of plants together 
with its current distribution and afforded protection, this rare birch 
is not in imminent danger of extinction. The best available data 
indicate that Betula uber qualifies as a threatened species. The 
Service has carefully assessed the best scientific and commercial 
information available regarding the past, present, and future threats 
faced by this species in determining to make this rule final. Based on 
this evaluation, the preferred action is to reclassify Betula uber from 
endangered status to threatened status. Although the natural population 
has decreased from 41 to 11 plants since the species' rediscovery in 
1975, threatened status is more appropriate because the establishment 
of 20 additional populations over the past decade has resulted in a 
dramatic increase in the total population to over 1,400 subadult trees.

Available Conservation Measures

    This rule changes the status of Betula uber at 50 CFR 17.12 from 
endangered to threatened. This rule formally recognizes that this 
species is no longer in imminent danger of extinction throughout a 
significant portion of it's range. The change in classification does 
not significantly alter the protection for this species under the Act. 
Anyone taking, attempting to take, or otherwise possessing a Betula 
uber in an illegal manner is still subject to penalty under Section 11 
of the Act. There is no difference in penalties for the illegal take of 
an endangered species versus a threatened species. Section 7 of the Act 
still continues to protect this species from Federal actions that would 
jeopardize the continued existence of Betula uber.
    Conservation measures prescribed by the Virginia Round-Leaf Birch 
Recovery Plan will proceed. Conservation measures identified in the 
species recovery plan include: continued efforts to protect portions of 
the natural population that occur on private lands; expanded management 
of the natural population; continued efforts to facilitate natural 
regeneration; establishment of pollen and seed banks; continued 
maintenance of the additional populations, including control of disease 
and insect problems, prevention of browsing, and management of 
competing vegetation; further research into the plant's reproductive 
and genetic systems, as well as habitat requirements; and continued 
efforts to raise the public's awareness in regard to issues affecting 
this and other endangered plants (U.S. Fish and Wildlife Service 1990). 
According to the recovery plan, implementation of these recovery 
actions will take place over a period of approximately 17 years, with 
full recovery of the species being achieved by the year 2010.

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, as defined under the 
authority of the National Environmental Policy Act of 1969, need not be 
prepared in connection with regulations adopted pursuant to section 
4(a) of the Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

Ashe, W.W. 1918. Notes on Betula. Rhodora 20:63-64.
Ford, R.H., T.L. Sharik, and P.P. Feret. 1983. Seed dispersal of the 
endangered Virginia round-leaf birch (Betula uber). Forest Ecology 
and Management 6:115-128.
Ogle, D.W. and P.M. Mazzeo. 1976. Betula uber, the Virginia round-
leaf birch, rediscovered in southwest Virginia. Castanea 41:248-255.
Sharik, T.L. and R.H. Ford. 1984. Variation and taxonomy of Betula 
uber, B. lenta, and B. alleghaniensis. Brittonia 36(3):307-316.
Sharik, T.L., P.P. Feret and R.W. Dyer. 1990. Recovery of the 
endangered Virginia round-leaf birch (Betula uber): A decade of 
effort. Page 185-188. IN: Sheviak and D.J. Leopold (eds.) Ecosystem 
management: Rare species and significant habitats. 1990. New York 
State Museum Bulletin 471.
Virginia Department of Agriculture and Consumer Services. 1979. 
Endangered Plant and Insect Species Act. 1979 Cumulative Supplement 
to Code of Virginia 39: 3-6.
U.S. Fish and Wildlife Service. 1982. Virginia round-leaf birch 
recovery plan. Newton Corner, MA. 58 pp.
U.S. Fish and Wildlife Service. 1986. Virginia round-leaf birch 
recovery plan, first revision, Newton Corner, MA. 25 pp.
U.S. Fish and Wildlife Service. 1990. Virginia round-leaf birch 
recovery plan. Update. Newton Corner, MA. 43 pp.

Authors: The primary author of this rule is Ms. Debbie Mignogno, U.S. 
Fish and Wildlife Service, 300 Westgate Center Drive, Hadley, 
Massachusetts 01035-9589 (413) 253-8627.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordingkeeping requirements, 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.


Sec. 17.12  [Amended]

    2. Sec. 17.12(h) is amended by revising the ``Status'' column in 
the table entry for Betula uber under ``FLOWERING PLANTS'' to read 
``T'' instead of ``E'' and to read ``39, 560'' in the ``When Listed'' 
column.

    Dated: October 5, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-28326 Filed 11-15-94; 8:45 am]
BILLING CODE 4310-55-P