Federal Register, Volume 60 Issue 1 (Tuesday, January 3, 1995)

[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 56-61]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32267]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC27

Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for Arabis Perstellata

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 for Arabis perstellata (rock cress) under the
authority of the Endangered Species Act of 1973, as amended (Act). The
species is made up of two subspecies occupying distinct geographic
areas. The small rock cress (Arabis perstellata E. L. Braun var.
perstellata Fernald) is currently known from 27 populations in
Kentucky--24 in Franklin County, 2 in Owen County, and 1 in Henry
County. The large rock cress (Arabis perstellata E. L. Braun var. ampla
Rollins) is known from only two populations in Rutherford County,
Tennessee. Both subspecies are endangered throughout their range due to
habitat alteration; residential, commercial, or industrial development;
timber harvesting; grazing and trampling; and competition with native
and exotic weedy species, especially the European garlic mustard
(Alliaria petiolata). This action extends Federal protection under the
Act to the rock cress.

EFFECTIVE DATE: February 2, 1995.

ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield
Court, Asheville, North Carolina 28806.

FOR FURTHER INFORMATION CONTACT:
Mr. J. Allen Ratzlaff at the above address (704/655-1195, Ext. 229).

SUPPLEMENTARY INFORMATION:

Background

Both varieties of Arabis perstellata E.L. Braun, (Arabis
perstellata E. L. Braun var. ampla Rollins, large rock cress, and
Arabis perstellata E.L. Braun var. perstellata Fernald, small rock
cress) are perennial members of the mustard family (Brassicaceae). The
large rock cress is known from only one county in Tennessee, and the
small rock cress is known from only three counties in Kentucky. Both
varieties have round stems and alternate leaves. Their stems and
foliage have a grayish coloration due to the large quantity of hairs.
Their stems arise from horizontal bases and grow up to 80 centimeters
(cm) (31.5 inches) long, often drooping from rock ledges. Each year a
basal rosette of leaves is produced, and new flowering branches emerge
from the old rosette of the previous season. Their lower leaves vary
from 4 to 15 cm (1.6 to 6.0 inches) long and are obovate to
oblanceolate with slightly toothed and pinnatifid margins. Their upper
leaves are smaller--up to 3.5 cm (1.4 inches) long--and are elliptic to
oblanceolate, with coarse teeth along the margin. Both surfaces of
their leaves are stellate-pubescent. The inflorescence is an elongate
raceme with numerous flowers. Their flowers have four petals that are 3
to 4 millimeters (mm) (0.12 to 0.16 inch) long, are white to lavender,
and have four pale green sepals that are 2 to 3 mm (0.08 to 0.12 inch)
long. There are six stamens, with two shorter than the other four. The
ovary is elongate, two-chambered, and develops into a silique. Fruiting
stalks are about 1 cm (0.4 inch) long at maturity; siliques are up to 4
cm (1.6 inches) long and are covered with both simple and stellate
hairs. Flowering is from late March to early May. Fruits mature from
mid-May to early June. Their oblong seeds are reddish brown; somewhat
flattened; about 1 mm (0.04 inch) long; and, in places, minutely hairy
(Jones 1991).
Arabis perstellata was named by E.L. Braun from plants collected
between 1936 and 1993 on wooded hillsides along Elkhorn Creek in
Franklin County, Kentucky. Braun (1940) distinguished the new taxon
from the similar Arabis dentata (Torr.) T. & G. (now called Arabis
shortii (Fern.) Gleason) by its [[Page 57]] perennial habit; grayer,
stellate pubescence of stems and leaves; and longer pedicels. Fernald
(1946) treated A. shortii as a variety of A. perstellata, through it is
now generally accepted that they represent two species (Kartesz and
Kartesz 1980). In 1959, plants were discovered on steep limestone
cliffs above the Stones River in Davidson County, Tennessee, by Dr.
R.B. Channel. Rollins (1960) described these plants as Arabis
perstellata var. ampla and distinguished them from the typical variety
by their generally larger size, thinner and more entire leaves, and
lesser pubescence. Rollins reported the chromosome number of the
Tennessee plants as n=7. The chromosome number of the Kentucky plants
has yet to be determined.
Arabis perstellata is typically found on wooded steep slopes with
limestone outcrops. The outcrops tend to be moist but not wet; rarely,
plants can be found on seepy outcrops. They also may be found in
protected areas, such as around the bases of larger trees, or in areas
where there is little competition, such as around areas regularly
scoured by talus movement or erosion. The plants have a well-developed
system of rootstocks that allow them to persist in these inhospitable
sites. Sometimes plants display a weedy tendency, colonizing recent
road cuts or animal paths through the woodlands. The plants survive in
full shade or filtered light, but are not found in full sunlight (Jones
1991).
The distribution of Arabis perstellata var. perstellata shows a
strong correlation with the Kentucky River and its tributaries
(primarily Elkhorn Creek), with the majority of sites occurring in
Franklin County. No sites have been found south of Frankfort along the
Kentucky River, although appropriate habitat appears to be present.
Historically, Arabis perstellata var. ampla was also associated
with calcareous bluff habitat of a specific river--the Stones River.
The two extant populations are somewhat atypical compared to historic
sites because they occur on rocky knobs about 15 miles from the Stones
River (Jones 1991). The following is a description of the species'
status within each State where it occurs.
Tennessee. The following information on Arabis perstellata var.
ampla in Tennessee is primarily from Jones (1991). All known Arabis
perstellata var. ampla populations in Tennessee are from the Cumberland
River Subsection of the Central Basin Physiographic Region. Prior to
the status survey conducted by Jones (1991), there were three records
of large rock cress in Davidson County and two in Rutherford County.
All three of the sites in Davidson County have been extirpated, and one
of the sites in Rutherford County could not be relocated. One
additional population was discovered in Rutherford County during the
status survey. Of the two remaining populations, one is small--about 25
plants--and covers about 0.06 acre. The other population contains
several hundred plants scattered over about 2.2 acres. Both sites are
on private land and are threatened from competition by weedy invaders.
Kentucky. The following information on Arabis perstellata var.
perstellata in Kentucky is primarily from Jones (1991). All known
Arabis perstellata var. perstellata populations in Kentucky are from
the Eden Shale Belt Subsection of the Blue Grass Physiographic Region.
Prior to the status survey conducted by Jones (1991), there were three
counties in Kentucky with occurrence records for the small rock cress--
1 in Henry County, 2 in Owen County, and 26 in Franklin County. One
site in Owen County and seven sites in Franklin County have been
extirpated. There was insufficient information to locate four other
historic records (two in Franklin County and two from unknown
counties). However, 8 new populations were discovered during the status
survey, and the 27 known small rock cress sites in Kentucky are
distributed as follows: 1 population from Henry County, 2 populations
from Owen County, and 24 populations from Franklin County. Of these 27
populations, 10 have fewer than 100 individual plants and 12 have 20 or
fewer.
The immediate threats to the 27 remaining populations include the
following--(1) 8 are threatened by weedy competitors, (2) 4 by weedy
competitors and trampling, (3) 2 by trampling, (4) 1 by logging, and
(5) 2 by road work. One of the largest populations was severely
impacted by roadwork while the species was proposed for listing. The
remaining 10 populations do not appear to have any immediate threats
but are vulnerable to the aforementioned threats as well as other
habitat alterations and potential inbreeding problems as neighboring
populations decline. All of the Kentucky populations are privately
owned. Three receive limited protection through their inclusion in
State designated natural areas.

Previous Federal Actions

Federal government actions on this species began with section 12 of
the Act of 1973 (16 U.S.C. 1531 et seq.), which directed the Secretary
of the Smithsonian Institution 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. Arabis perstellata var. ampla and Arabis perstellata var.
perstellata were included in the Smithsonian report and in 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;
Arabis perstellata var. ampla and Arabis perstellata var. perstellata
were included in that 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 Arabis perstellata var. ampla and Arabis
perstellata var. perstellata as category 1 species. Category 1 species
are those for which the Service has on file substantial information on
biological vulnerability and threats to support the appropriateness of
proposing to list the taxa as threatened or endangered. These
subspecies were retained in their respective categories when the notice
of review for native plants was revised in 1983 (48 FR 53640) and 1985
(50 FR 39526), but Arabis perstellata var. ampla was then thought to be
extinct. In the 1990 notice of review (50 FR 6184), Arabis perstellata
var. ampla was retained as a category 1 species but was no longer
thought to be extinct (i.e., it was rediscovered), and Arabis
perstellata var. perstellata was placed in category 2 because the
Service believed that additional searches of potential habitat and
further identification of threats were needed before a decision could
be made as to whether a proposed rule should be prepared to add the
species to the list. (Category 2 species are those for which the
Service has information indicating that proposing to list them as
endangered or threatened may be appropriate but for which substantial
data on biological [[Page 58]] vulnerability and threats are not
currently known or on file to support the preparation of rules.) The
Service funded surveys in 1989 in order to determine the status of
Arabis perstellata var. perstellata in Kentucky. The contractors
conducting the status survey for Arabis perstellata var. perstellata
included a review of Arabis perstellata var. ampla in Tennessee. Final
reports on these surveys were accepted by the Service in 1991.
All plants included in the comprehensive plant notices are treated
as under petition. Section 4(b)(3)(B) of the Act, as amended in 1982,
requires the Secretary to make certain findings on pending petitions
within 12 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 Arabis perstellata var. ampla and Arabis perstellata var.
perstellata because of the acceptance of the 1975 Smithsonian report as
a petition. From 1983 through 1990 the Service found that the
petitioned listing of both varieties was warranted but precluded by
higher priority species. In 1990, it was determined that listing of
Arabis perstellata var. ampla was not warranted because data on
distribution, vulnerability, and threats were incomplete. Status survey
information received by the Service in 1991 completed these
informational gaps and was sufficient and conclusive enough to support
the proposed listing of Arabis perstellata var. ampla and Arabis
perstellata var. perstellata published in the Federal Register of
January 3, 1994 (59 FR 53). The proposed listing represented the final
petition finding for the large and small rock cresses.

Summary of Comments and Recommendations

In the January 3, 1994, proposed rule, and through associated
notifications, all interested parties were requested to submit factual
reports and information that might contribute to the development of a
final rule for the rock cress. Appropriate Federal and State agencies,
county governments, scientific organizations, and interested parties
were contacted by letters dated January 20, 1994. Legal notices were
published in the ``Frankfort State Journal'' (Frankfort, Kentucky) on
January 23, 1994 and in the ``Daily News Journal'' (Murfreesboro,
Tennessee) on January 21, 1994.
Four written responses were received on the proposed rule to list
rock cress. One Federal agency, one State agency, and two individuals
provided comments.
The U.S. Soil Conservation Service, Nashville, Tennessee, responded
by stating they have ``no projects which might affect the species
proposed for listing.''
The Kentucky State Nature Preserves Commission and one individual
from Kentucky (who owns land that supports the species), supported the
listing of the typical variety. Neither commented on the large rock
cress.
One individual opposed the listing because ``The Fish and Wildlife
Service is intruding into an area in which it certainly has no moral or
legal authority--private property.'' The Service response is that the
Act does not allow the Service to use land ownership as a factor in
determining whether a species should be placed on the Endangered and
Threatened Species List. The Act requires that a decision to list a
species be based solely on biological data. Further, listed plants
receive very little formal protection on private lands. For the most
part they are only protected on Federal lands or through section 7 of
the Act (consultation with other Federal Agencies).
The same individual also stated that ``. . . you (the Service)
present hypothetical scenarios of what timber harvest might do to the
resources and the area subject to timber harvest. All of your arguments
are based on conjecture and supposition with little or no scientific
data. The areas in question have undergone severe natural and man-
caused changes in biodiversity over the past 200 years of European
occupancy. Yet, after all that has occurred, the species under
consideration persist.'' The Service believes that, based on the
biology of the species, timber harvesting would impact the species. Not
only could the species be affected by direct impacts such as heavy
equipment, but because we know the species does not survive in full
sunlight, removal of trees would likely have a detrimental effect.
Further, timber harvest is only one of several threats to this species
(see ``Summary of Factors Affecting the Species'' section of this
rule). The Service agrees that the areas in question have undergone
considerable ``biodiversity'' changes over the past centuries since
European settlement. However, while it is not possible to say to what
degree this species has become more or less abundant since that time,
populations are known to have been lost and remaining populations
continue to be threatened. There are many examples of species that have
been reduced in number since European settlement, many of which have
become extinct. The Service believes that without the protection
afforded by the Act, this species would likely follow the same course.
The individual further stated that ``The scientific community, and
the Service in particular, need to recognize that extinction has always
been a continuing process and will continue to be so.'' The Service
agrees that extinction is a natural process. Extinction naturally
occurs as species adapt (evolve) or don't adapt (become extinct) to a
changing environment. However, the present rate of extinction, by some
estimates, is as high as 1,000 times the ``normal'' extinction rate,
with virtually all of the extinction being attributable to human
induced environmental changes. A species being eliminated by processes
such as road building or other man-made factors is far different from a
species being unable to adapt to a naturally changing environment. Even
so, the Act does not make distinctions in this regard. A species may be
listed due to either natural or manmade factors that affect its
continued existence.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information
available, the Service has determined that the rock cress should be
classified as an endangered species. Section 4(a)(1) of the Act and
regulations (50 CFR part 424) promulgated to implement the listing
provisions of the Act 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 Arabis perstellata E.L. Braun (rock cress) are as
follows:

A. The present or threatened destruction, modification, or curtailment
of its habitat or range

Arabis perstellata var. perstellata--Of the 27 known populations of
small rock cress, 17 are threatened with destruction or adverse
modification of their habitat. Eight are threatened by weedy
competitors, four by weedy competitors and trampling, two by trampling,
one by logging, and two by road work (one population was severely
impacted by road work during the period the species was proposed for
listing). The remaining 10 populations do not appear to have any
immediate threats but are vulnerable to the aforementioned threats as
well as other habitat alterations and potential inbreeding problems as
neighboring populations decline. Active [[Page 59]] management is
required to ensure that the species continues to survive at all sites.
Arabis perstellata var. ampla--Both of the remaining large rock
cress populations in Tennessee are threatened from competition by weedy
invaders and potentially by livestock grazing and trampling. Also, the
smaller site appears to be made up of older individuals, and there is
little evidence of reproduction (Jones 1991).

B. Overutilization for commercial, recreational, scientific, or
educational purposes

At this time there is little or no commercial trade in Arabis
perstellata var. ampla or Arabis perstellata var. perstellata. Most
populations of this species are very small and cannot support the
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 this species at this time (Jones 1991).

D. The inadequacy of existing regulatory mechanisms

The large rock cress is listed as endangered in Tennessee by
Collins et al. (1978) and Somers (1989). Endangered species in
Tennessee receive some protection through the ``Rare Plant Protection
and Conservation Act of 1985'' (Tennessee Department of Conservation,
1987). The removal of plants from State properties for scientific
educational, or propagative purposes is controlled, as is the
disturbance of the species on private lands without the landowner's
consent. There is no protection for the species if its presence
conflicts with public works projects (i.e., road building).
In Kentucky, the small rock cress is listed as endangered by the
Kentucky Academy of Science and Kentucky State Nature Preserves
Commission (Branson et al. 1981, Warren et al. 1986). These lists,
however, have no legal standing in the State. The state of Kentucky
considers plants on the State endangered species list but provides no
protection for them.
The Act will provide additional protection to populations that are
on Federal land and to the other populations when the taking is in
violation of any State law, including State trespass laws. Protection
from inappropriate interstate commercial trade will also be provided.

E. Other natural or manmade factors affecting the species' continued
existence

Arabis perstellata var. ampla and Arabis perstellata var.
perstellata could be facing potential inbreeding problems as
neighboring populations decline.
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 list the
rock cress as endangered. Arabis perstellata (rock cress) is made up of
two subspecies occupying distinct geographic areas. The small rock
cress is currently known from 27 populations in Kentucky--24 in
Franklin County, 2 in Owen County, and 1 in Henry County. The large
rock cress is known from only two populations in Rutherford County,
Tennessee. Both subspecies are endangered throughout their range due to
habitat alteration; residential, commercial, or industrial development;
timber harvesting; grazing and trampling; and competition with native
and exotic weedy species, especially the European garlic mustard
(Alliaria petiolata). Because of their restricted distributions and
both subspecies' vulnerability to extinction, endangered status appears
to be the most appropriate classification for this species. (See
``Critical Habitat'' section for a discussion of why critical habitat
is not being proposed for this plant.)

Critical Habitat

Section 4(a)(3) of the Act requires 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's 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
activity and the identification of critical habitat can be expected to
increase the degree of threat to the species or (2) the designation of
critical habitat would not be beneficial to the species. The Service
finds that designation of critical habitat is not presently prudent for
this species. Such a determination would result in no known benefit to
this species, and designation of critical habitat could further
threaten the species.
Section 7(a)(2) and regulations codified at 50 CFR part 402 require
Federal agencies to ensure, in consultation with and with the
assistance of the Service, that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of
listed species or destroy or adversely modify its critical habitat, if
designated. 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 destruction
or adverse modification of proposed critical habitat. (See ``Available
Conservation Measures'' section for a further discussion of section 7.)
As part of the development of this rule, Federal and State agencies
were notified of the plants' general distribution, and they were
requested to provide data on proposed Federal actions that might
adversely affect the species. No specific projects were identified.
Should any future projects be proposed in areas inhabited by this
plant, the involved Federal agency will already have the general
distributional data needed to determine if the species may be impacted
by their action; and if needed, more specific distributional
information would be provided.
Regulations promulgated for the implementation of Section 7 of the
Act provide for both a ``jeopardy'' standard and a ``destruction or
adverse modification'' of critical habitat standard. Due to the highly
precarious status of the rock cress, any significant adverse
modification or destruction of the species' habitat would also likely
jeopardize the species' continued existence thereby triggering both
standards. Therefore, no additional protection for the plant would
accrue from a critical habitat designation that would not also occur
from listing of the species. Habitat protection for the rock cress will
be accomplished through the section 7 ``jeopardy'' standard and section
9 prohibitions against take.
In addition, the rock cress is very rare, and taking for scientific
purposes and private collection cold pose a threat if specific site
information was released. The publication of critical habitat maps in
the Federal Register and local newspapers and other publicity
accompanying critical habitat designation could increase the collection
threat and increase the potential for vandalism during the often
controversial critical habitat designation process. The locations of
populations of this species have consequently been described only in
general terms in this final rule. Any existing precise locality data
would be available to appropriate Federal, State, and local government
agencies from the Service office described in the ADDRESSES section or
from the Service's Cookeville Field [[Page 60]] Office, 446 Neal
Street, Cookeville, Tennessee 38501.

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)(2) requires Federal agencies to ensure that activities
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of a listed species or to destroy or adversely
modify any designated 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. All Arabis perstellata var. ampla and Arabis perstellata var.
perstellata populations are on privately owned land or in road rights-
of-way. No Federal involvement is presently known or has been
identified for the immediate future.
The Act and its implementing regulations set forth a series of
general trade prohibitions and exceptions that apply to all endangered
plants. All prohibitions of section 9(a)(2) of the Act, implemented by
50 CFR 17.61, 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
plants listed as endangered, the Act prohibits the malicious damage or
destruction on Federal lands and the removal, cutting, digging up, or
damaging or destroying of such plants in knowing violation of any State
law or regulation, including 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
threatened species under certain circumstances. It is anticipated that
few trade permits would ever be sought or issued because the species is
not common in cultivation or in the wild.
It is the policy of the Service, published in the Federal Register
on July 1, 1994, (59 FR 34272), to identify to the maximum extent
practicable at the time of listing those activities that would
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of the listing on
proposed and ongoing activities within a species' range. Prohibitions
relating to Federal lands and to trade are not of concern at present,
as none of the Arabis perstellata populations are known to occur on
Federal lands, and there is no known current trade in this species.
Collection, damage or destruction on non-Federal lands is prohibited if
in knowing violation of State law, or in violation of State criminal
trespass law. This would not affect any activities in Kentucky, as
Kentucky State law provides no protection for plants. In Tennessee,
Arabis perstellata is protected under the Rare Plant Protection and
Conservation Act of 1985, which controls the removal of plants from
State properties for scientific, educational, or propagative purposes,
and the disturbance of the species on private lands without the
landowner's consent. The Service is not aware of any otherwise lawful
activities being conducted or proposed by the public that will be
affected by this listing and result in a violation of section 9.
Questions regarding whether specific activities will constitute a
violation of section 9 should be directed to the Field Supervisor of
the Service's Asheville Office (see ADDRESSES section). Requests for
copies of the regulations on listed plants and inquiries about
prohibitions and permits should be addressed to the U.S. Fish and
Wildlife Service, Division of Endangered Species, 1875 Century
Boulevard, Atlanta, Georgia 30345-3301 (404/679-7110; Facsimile 404/
679-7081).

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 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

Branson, B.A., D.F. Harker, Jr., J.M. Baskin, M.E. Medley, D.L. Batch,
M.L. Warren, Jr., W.H. Davis, W.C. Houtcooper, B. Monroe, Jr., L.R.
Phillippe, and P. Cupp. 1981. Endangered, threatened, and rare animals
and plants of Kentucky. Transactions of the Kentucky Academy of Science
42:77-89.
Braun, E.L. 1940. New plants from Kentucky. Rhodora 42:47-49.
Collins, J.L., H.R. DeSelm, A.M. Evans, R. Kral, and B.E. Wofford.
1978. The rare vascular plants of Tennessee. Journal of the Tennessee
Academy of Science 53:128-133.
Fernald, M.L. 1946. Identification and reidentification of North
American Plants. Rhodora 48:207-216.
Jones, R.L. 1991. Status Survey Report on Arabis perstellata var.
perstellata. Unpublished report to the Asheville Field Office, U.S.
Fish and Wildlife Service, Asheville, North Carolina. 94 pp.
Kartesz, J., and R. Kartesz. 1980. A synonymized checklist of the
vascular flora of the United States, Canada, and Greenland. University
of North Carolina Press, Chapel Hill, North Carolina.
Rollins, R. 1960. Arabis perstellata in Tennessee. Rhodora 62:242-244.
Somers, P. 1989. Revised list of the rare plants of Tennessee. Journal
of the Tennessee Academy of Science 64:179-184.
Tennessee Department of Conservation, Division of Ecological Services.
1987. The Rare Plant Protection and Conservation Act of 1985.
Nashville, Tennessee.
Warren, M.L., Jr., W.H. Davis, Branson, R.R. Hannan, M. Evans, D.L.
Batch, B.D. Anderson, B. Palmer-Hall, Jr., J.R. MacGregor, R.R.
Cicerello, R. Athey, B.A. Branson, G.J. Fallo, B.M. Burr, M.E. Medley,
and J.M. Baskin. 1986. Endangered, threatened, and rare plants and
animals of Kentucky. Transactions of the Kentucky Academy of Science
47:84-97. [[Page 61]]
Author
The primary author of this final 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, 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; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.12(h) is amended by adding the following, in
alphabetical order under flowering plants, to the List of Endangered
and Threatened Plants, to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Flowering plants:

* * * * * * *
Arabis perstellata.. Rock cress............. U.S.A. (KY, TN)........ Brassicaceae........... E 570 NA NA

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: December 12, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-32267 Filed 12-30-94; 8:45 am]
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