[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32015]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition To Delist the Plant Potamogeton clystocarpus (Little Aguja 
Pondweed)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day 
finding for a petition to delist the endangered plant Potamogeton 
clystocarpus (Little Aguja pondweed) under the Endangered Species Act 
of 1973, as amended. This plant occurs only in Jeff Davis County, 
Texas. The Service finds that the petition did not present substantial 
scientific or commercial information indicating that delisting this 
species may be warranted.

DATES: The finding announced in this document was made on November 25, 
1994.

ADDRESSES: Data, information, comments, or questions concerning this 
petition should be submitted to the State Administrator, U.S. Fish and 
Wildlife Service, 611 East 6th Street, Room 407, Austin, Texas 78701. 
The petition finding and supporting data are available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT:
Kathryn Kennedy, Botanist, at the above address (telephone 512/482-
5436; facsimile 512/482-5442.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the Service make a 
finding on whether a petition to list, delist, or reclassify a 
specifies presents substantial scientific or commercial information to 
demonstrate that the petitioned action may be warranted. To the maximum 
extent practicable, this finding is to be made within 90 days of the 
date the petition was received, and the finding is to be published 
promptly in the Federal Register. If the finding is that substantial 
information was presented, the Service also is required to promptly 
commence a review of the status of the species involved.
    The Service has made a 90-day finding on a petition to delist 
Potamogeton clystrocarpus (Little Aguja pondweed). The petition, dated 
February 9, 1994, was submitted by Mr. Topper Frank, representing the 
Davis Mountains Trans-Pecos Heritage Association, and was received by 
the Service on February 11, 1994. The petition was combined with 
comments submitted on the draft Little Aguja Pondweed (Potamogeton 
clystrocarpus) Recovery Plan (U.S. Fish and Wildlife Service 1993). The 
petitioner contends that threats to the species identified at the time 
of listing were highly speculative, improbable, and had no factual 
basis. The petitioner disagreed that dam construction or chemical 
contamination could occur, stated that the threats of drought and 
flooding cannot be controlled, and stated that the Service presented no 
evidence that the status of the plant is significantly different than 
it ever was. The petition included no scientific or commercial data to 
support the delisting request, nor were any supporting documents 
attached.
    The Service has reviewed the petition, other literature, and 
information available in the Service's files. On the basis of the best 
scientific and commercial information available, the Service finds the 
petition does not present substantial information that delisting this 
species may be warranted.
    Potamogeton clystrocarpus is known from a single intermittent 
stream in Little Aguja Canyon in the Davis Mountains, Jeff Davis 
County, Texas. The only precisely recorded locality for the species is 
on the Buffalo Trails Boy Scout Ranch (Scout Ranch) owned by the 
Buffalo Trail Council, Inc., Boy Scouts of America. This population has 
been periodically observed by botanists (Texas Natural Heritage 
Program, pers. comm. 1992; Rowell 1983) and was last verified in late 
1989 or 1990 (C. Rowell, Marfa, Texas, pers. comm. 1992). Severe 
flooding occurred in the Canyon in 1991 and 1992 (D. Damon, Scout Ranch 
manager, pers. comm. 1992). In 1992 botanists from the Service and from 
Mercer Arboretum, Houston, Texas, searched the Scout Ranch, but could 
not locate the species. The Service has been unable to gain access to 
search for the species on other private property in the Little Aguja 
Creek area. However, Wooley (1994) reports a recent unsuccessful search 
by another botanist on property adjacent to the Scout Ranch. While the 
Service is extremely concerned at the failure to locate the species 
recently, it is hopeful the species may still exist if a few plants 
were overlooked or if the species is able to re-establish from seeds or 
vegetative propagules remaining in the streambed. The Little Aguja 
Pondweed (Potamogeton clystrocarpus) Recovery Plan (U.S. Fish and 
Wildlife Service 1994) establishes a search schedule for the species. 
Annual searches will be conducted for 13 years and two additional 
searches will be done at 3 year intervals. If no populations are 
discovered during this period, Little Aguja pondweed will be considered 
for delisting due to extinction.
    The final rule listing Potamogeton clystrocarpus as an endangered 
species was published in the Federal Register on November 14, 1991 (56 
FR 57844). The Service finds that all of the threats identified in the 
final rule remain a concern. These threats included periodic extreme 
flood and drought; modification or loss of habitat through physical 
changes in creek configuration such as dams, impoundments, or flood 
control structures; reduction of water supply from wells, spring 
capture, or diversion projects; and changes in water quality from 
pollution through increased livestock or wildlife numbers in nearstream 
areas, siltation, or chemical contamination. Some of these threats are 
potential rather than immediate, and may occur infrequently. However, 
due to its low population numbers, the species is vulnerable to 
extinction from even occasional detrimental events. Identification of 
potential threats is essential in the listing determination and in 
later species protection. Identification of potential threats alerts 
agencies, landowners, and managers about concerns so advance planning 
can be done. Protective management practices developed and implemented 
cooperatively can then prevent serious damage to the species.

References Cited

    Rowell, C.M., Jr. 1983. Status report, Potamogeton clystrocarpus 
Fern. U.S. Fish and Wildlife Service, Albuquerque, New Mexico.
    U.S. Fish and Wildlife Service. 1993. Draft Little Aguja 
Pondweed (Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and 
Wildlife Service, Albuquerque, New Mexico. 54 pp.
    U.S. Fish and Wildlife Service. 1994. Little Aguja Pondweed 
(Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and Wildlife 
Service, Albuquerque, New Mexico. 78 pp.
    Wooley, B. 1994. Wide-open standoff. Dallas Life Magazine. 
January 16, 1994. pp. 9-12, 16, 18.

Author

    The primary author of this document is Kathryn Kennedy (see 
ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.).

    Dated: November 25, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-32015 Filed 12-28-94; 8:45 am]
BILLING CODE 4310-55-M