Federal Register, Volume 62 Issue 148 (Friday, August 1, 1997)

[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Proposed Rules]
[Pages 41328-41333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20368]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE32

Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for a Plant in the Wenatchee Mountains of Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes
endangered species status pursuant to the Endangered Species Act of
1973, as amended (Act), for Sidalcea oregana var. calva (Wenatchee
Mountains checker-mallow). This plant is endemic to meadows that have
surface water or saturated soil in the spring and early summer at
middle elevations in the Wenatchee Mountains of Chelan County,
Washington. Although five populations of this plant are known, three of
these have very few individuals. The estimated total number of plants
is about 3,300. The primary threats to S. oregana var. calva include
alterations of hydrology, rural residential development and associated
activities, competition from native and alien plants, recreation, fire
suppression, and activities associated with fire suppression. To a
lesser extent, the taxon is threatened by livestock grazing, road
construction, and timber harvesting and associated impacts including
changes in surface-runoff in the small watersheds in which the plant
occurs. This proposal, if made final, would implement the Federal
protection and recovery programs of the Act for this plant.

DATES: Comments from all interested parties must be received by
September 30, 1997. Public hearing requests must be received by
September 15, 1997.

ADDRESSES: Comments and materials concerning this proposal should be
sent to the Supervisor, U.S. Fish and Wildlife Service, Western
Washington State Office, 510 Desmond Drive SE, Suite 102, Lacey, WA
98503. Comments and materials received will be available by appointment
for public inspection during normal business hours at the above
address.

FOR FURTHER INFORMATION CONTACT: Ted Thomas (see ADDRESSES section),
(telephone 360/753-4327, facsimile 360/534-9331).

SUPPLEMENTARY INFORMATION:

Background

Although the species Sidalcea oregana (Oregon checker-mallow) is
widespread throughout much of the western United States, S. oregana
var. calva (Wenatchee Mountains checker-mallow) is known only from the
Wenatchee Mountains of central Washington. Specimens assignable to var.
calva were first collected from Icicle Creek near Leavenworth, Chelan
County, and from wet meadows near Peshastin, Chelan County, by Sandberg
and Leiburg on July 25, 1893. Occasional collections were made over
subsequent decades until the type specimen was collected by Hitchcock
on June 21, 1951, from Camas Land in Chelan County. The taxon was first
recognized as a distinct variety named S. oregana ssp. oregana var.
calva by Hitchcock and Kruckeberg (1957). Hitchcock and Cronquist
(1973) reduced S. oregana ssp. spicata to varietal status (S. oregana
var. spicata), thereby eliminating the need to include the subspecies
oregana as part of the scientific name for this taxon. No further
taxonomic revisions have been made for this taxon. In recent

[[Page 41329]]

discussions, knowledgeable individuals confirmed the distinctness of
this variety (Arthur Kruckeberg, Emeritus Professor of Botany,
University of Washington, pers. comm. 1995; John Gamon, Botanist,
Washington Natural Heritage Program, pers. comm. 1996).
A member of the mallow family (Malvaceae), Sidalcea oregana var.
calva is a perennial plant with a stout taproot that branches at the
root-crown and gives rise to several stems that are 20 to 150
centimeters (cm) (8 to 60 inches (in)) tall. Plants vary from glabrous
(lacking hairs and glands) to pubescent (hairy) or stellate (with star-
shaped hairs) below, finely stellate above, and have simple to compound
racemes of flowers with pink petals 1 to 2 cm (0.4 to 0.8 in) long. The
flowers are borne on stalks ranging from 1 to 10 millimeters (mm) (0.1
to 0.4 in) in length; the calyx (outer whorl of floral parts) ranges
from uniformly finely stellate to bristly with a mixture of longer,
simple to four-rayed, spreading hairs sometimes as long as 2.5 to 3 mm
(0.1 to 0.12 in) (Hitchcock and Cronquist 1961). Flowering begins in
the middle of June and peaks in the middle to end of July. Fruits are
ripe by August. Sidalcea oregana var. calva is similar morphologically
to S. oregana var. procera, which occurs in the same general region but
with a more southerly distribution. Sidalcea oregana var. calva can be
distinguished from var. procera by the type and degree of pubescence on
the stems and calyx and its large, fleshy, basal leaves, which are
smooth to the touch on both surfaces (Gamon 1987).
The site of the 1893 collection at Peshastin and three other early
(pre-1940) collections in the Peshastin area have not been relocated.
The location given for each of these early collections was too vague to
allow for relocation. Because much of the Peshastin and Leavenworth
area has been converted to orchards or other agricultural uses and
urban development, Sidalcea oregana var. calva likely has been
extirpated from this area. Three other occurrences thought to be
Sidalcea oregana var. calva were resurveyed and found to be S. oregana
var. procera (Gamon 1987). At three sites of S. oregana var. calva
discovered in 1984, no plants were found in 1987, possibly because the
one to three plants reported in 1984 went undetected (Gamon 1987).
Sidalcea oregana var. calva is known to occur at five sites. The
largest population, at Camas Land, occurs on private land and on State
of Washington land managed as a natural area by the Department of
Natural Resources (DNR). Based on a recent inventory, about 2,470
individuals occur on 36 hectares (ha) (90 acres (ac)) of DNR land
(Washington Natural Area Program 1997); these plants are thought to
represent about 75 percent of the Camas Land population (David
Wilderman, DNR, pers. comm. 1997). The second largest population,
discovered in 1987 on private land at Mountain Home Meadow, consists of
about 100 plants within a few hectares. Two other populations on Forest
Service lands have a total of seven plants. The fifth population, on
private land, has fewer than 30 plants. The estimated total number of
plants at the five sites is 3,300. The total area of the five sites is
about 50 ha (125 ac).
Sidalcea oregana var. calva is most abundant in moist meadows that
have surface water or saturated upper soil profiles during spring and
early summer, but it also occurs in open conifer stands dominated by
Pinus ponderosa (ponderosa pine) and Pseudotsuga menziesii (Douglas-
fir), and on the margins of shrub and hardwood thickets. Extant
populations of the taxon are found at elevations ranging from 600 to
1,000 meters (m) (1,900 to 4,000 feet (ft)). Soils are typically clay-
loams and silt-loams with low moisture permeability. Associated species
include Populus tremuloides (quaking aspen), Crataegus douglasii (black
hawthorn), Symphoricarpus albus (common snowberry), Amelanchier
alnifolia (serviceberry), Lathyrus pauciflorus (few-flowered peavine),
Wyethia amplexicaulis (northern mule's-ear), Geranium viscosissimum
(sticky purple geranium) and Veratrum californicum (California false
hellebore). Sixty percent of the S. oregana var. calva populations are
found in association with Delphinium viridescens (Wenatchee larkspur),
a former Federal candidate plant species.

Previous Federal Action

Federal action on Sidalcea oregana var. calva began as a result of
section 12 of the Endangered Species Act of 1973, which directed the
Secretary of the Smithsonian Institution to prepare a report on those
plants considered to be endangered, threatened, or extinct in the
United States. This report, designated as House Document No. 94-51, was
presented to Congress on January 9, 1975, and included S. oregana var.
calva. The Service published a notice in the July 1, 1975, Federal
Register (40 FR 27823) of its acceptance of the report of the
Smithsonian Institution as a petition within the context of section
4(c)(2) (now section 4(b)(3) of the Act) and of its intent thereby to
review the status of S. oregana var. calva. On June 16, 1976, the
Service published a proposed rule in the Federal Register (41 FR 24523)
to determine approximately 1,700 vascular plant taxa to be endangered
species. This list, which included S. oregana var. calva, was assembled
on the basis of comments and data received by the Smithsonian
Institution and the Service in response to House Document No. 94-51 and
the July 1, 1975, Federal Register publication. The Service published
an updated notice of review for plants on December 15, 1980 (45 FR
82480). This notice included S. oregana var. calva as a category 1
candidate species. Category 1 candidates were defined as taxa for which
the Service had on file substantial information on biological
vulnerability and threats to support preparation of listing proposals.
The notice of review published on September 27, 1985 (50 FR 39526),
included Sidalcea oregana var. calva as a category 2 candidate species.
Category 2 candidates were defined as taxa for which information in
possession of the Service indicated that proposing to list the taxa as
endangered or threatened was possibly appropriate, but for which
substantial data on biological vulnerability and threats were not
currently known or on file to support a listing proposal. This species
was designated as a category 2 candidate in the September 27, 1985,
notice of review because of improper identification and mistaken
beliefs regarding distribution at three locations in Kittitas County.
Subsequent notices of review published on February 21, 1990 (55 FR
6185), and September 30, 1993 (58 FR 51144), identified the plant as a
category 1 candidate species. Sidalcea oregana var. calva was included
as a candidate in the February 28, 1996, notice.
Section 4(b)(3)(B) of the Act 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 Sidalcea oregana
var. calva because the 1975 Smithsonian report had been accepted as a
petition. On October 13, 1983, the Service found that the petitioned
listing of this species was warranted, but precluded by other pending
listing actions, in accordance with section 4(b)(3)(B)(iii) of the Act;
notification of this finding was published on January 20, 1984 (49 FR
2485). Such a finding requires the petition to be recycled, pursuant to
section 4(b)(3)(C)(i) of the Act. The finding was reviewed annually in
October of 1984 through 1996. Publication of this proposal constitutes

[[Page 41330]]

the final finding for the petitioned action.
Sidalcea oregana var. calva has a listing priority number of three.
The processing of this rule conforms with the Service's final listing
priority guidance published on December 5, 1996 (61 FR 64475). The
guidance clarifies the order in which the Service will process
rulemakings following two related events, the lifting, on April 26,
1996, of the moratorium on final listings imposed on April 10, 1995
(Public Law 104-6), and the restoration of significant funding for
listing through passage of the omnibus budget reconciliation law on
April 26, 1996, following severe funding constraints imposed by a
number of continuing resolutions between November 1995 and April 1996.
The guidance calls for giving highest priority to handling emergency
situations (Tier 1), second highest priority to resolving the listing
status of the outstanding proposed listings (Tier 2), and third highest
priority to resolving the conservation status of candidate species and
processing administrative findings on petitions to add species to the
lists or to reclassify threatened species to endangered status (Tier
3). This proposed rule falls under Tier 3.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) 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) of the Act. These factors and their applications to
Sidalcea oregana (Nutt) var. calva C.L. Hitchcock (Wenatchee Mountains
checker-mallow) are as follows:

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

All known sites and habitats for Sidalcea oregana var. calva have
undergone various alterations. Conversion of land to orchards or other
agricultural uses and residential development are thought to have
extirpated historical populations (Gamon 1987). Numerous houses already
exist at Camas Land, the site of the largest population of the taxon;
two houses have been built since 1987 (Ted Thomas, Service, pers. obs.
1995). Current threats to this population are posed by further
subdivision for residences and associated habitat modifications such as
alterations in hydrology, increased nutrient loads into the meadow from
septic systems, introduction of non-native grasses, conversion of
portions of the meadow to agricultural uses including pastureland and
gardens, access road construction, and trampling by people and off-road
vehicles (Gamon 1987; T. Thomas, pers. obs. 1995; David Wilderman, DNR,
pers. comm. 1997).
Natural drainage channels at Camas Land have been altered to direct
water away from the meadow for agricultural purposes (Gamon 1987; Richy
Harrod, U.S. Forest Service, pers. comm. 1996; D. Wilderman, pers.
comm. 1997). Alterations in hydrology threaten the species by changing
the amount, timing, duration, and/or frequency of the water supply to
the habitat for the taxon. Most individuals of Sidalcea oregana var.
calva in the Camas Land meadow are associated with the drainage
channels or areas which retain moisture longer (Gamon 1987).
Sheep, horses, and cows trample vegetation, compact soils, and
serve as vectors for introducing non-native plant seeds either directly
or through their feed. Portions of the meadow have also been seeded to
non-native grasses to increase forage for livestock. Sidalcea oregana
var. calva is generally absent from these areas except for occasional
individuals along the periphery, suggesting that the introduced species
have the ability to displace the taxon through competition for
nutrients or water (Gamon 1987; R. Harrod, pers. comm. 1996). Sod-
forming, non-native grasses have also been planted near residences from
which they are encroaching into the meadow (T. Thomas, pers. obs.
1995).
Recreational use of the meadow has had significant local impacts
and continues to impact the population of Sidalcea oregana var. calva
at Camas Land (Gamon 1987; D. Wilderman, pers. comm. 1997). A variety
of recreational activities occur including trailbike riding, bowhunting
competitions, and camping. These activities contribute to the decline
of the species by causing trampling of plants and compaction of the
soil.
Timber harvest has occurred throughout the general Camas Land area
(R. Harrod, pers. comm. 1996). Local ground disturbance associated with
timber harvest, such as log yarding and slash disposal, probably poses
a greater threat than tree removal (Gamon 1987). Timber harvest may
also have long-term effects on hydrology in the small watershed.
The Camas Land population was also adversely impacted by fire
suppression activities associated with the Rat Creek Fire during the
fall of 1994 (Harrod 1994; T. Thomas, pers. obs. 1995). Several hundred
Sidalcea oregana var. calva plants were bladed by a bulldozer during
construction of a fire safety zone in a small drainage flowing into
Camas Land meadow. During a visit to the disturbed site in May of 1995,
no sprouts or seedlings of S. oregana var. calva were observed (T.
Thomas, pers. obs. 1995). The likelihood of recovery of S. oregana var.
calva within the disturbed portion of the population appears low (R.
Harrod, pers. comm. 1996).
A second population, at Mountain Home Meadow, was also adversely
impacted by fire suppression activities associated with the Rat Creek
Fire during 1994 (Harrod 1994). A fire safety area was constructed in
the wetland supporting this population of Sidalcea oregana var. calva.
Blading of the area by a bulldozer destroyed approximately 50 percent
(more than 100 plants) of the population, disturbed the soil, and
altered the hydrology of this wet meadow. One year after the
disturbance, no S. oregana var. calva plants were observed at this
location (T. Thomas, pers. comm. 1995). The likelihood of recovery of
the destroyed portion of this population appears low (R. Harrod, pers.
comm. 1996).
The potential for forest fires is high in the east side ponderosa
pine and Douglas-fir forest type. Because fires that threaten private
property and public structures will require suppression, the likelihood
for further direct disturbance to Sidalcea oregana var. calva
populations in the future remains high. In addition, fire may play a
role in the maintenance of suitable habitat for Sidalcea oregana var.
calva (Gamon 1987), and fire suppression has probably resulted in less
suitable habitat (R. Harrod, pers. comm. 1996). In the absence of fire,
conifer recruitment and woody plant invasion may reduce the amount of
habitat suitable for Sidalcea oregana var. calva by increasing
competition for light, nutrients, and/or water. A significant increase
in vegetative growth due to fire suppression outside of the immediate
habitat for S. oregana var. calva may also adversely affect habitat
suitability for the species by reducing the surface-runoff within the
small watersheds where it occurs.
Other current threats at Mountain Home Meadow, where the second
largest known population of Sidalcea oregana var. calva occurs, include
alteration of hydrology due to road construction, timber harvesting
activities, and inadvertent trampling of the small population by guests
at a

[[Page 41331]]

nearby resort lodge. The hydrology of the site may be altered by the
main access road that borders the population on the west. Timber on the
ridge immediately west of the main access road was harvested in 1987.
This timber was within 50 m (164 ft) of the population and harvest
temporarily modified the hydrology by increasing water flow from the
hillside directly into the plant's habitat. Timber was harvested from
the ridge directly above and east of Mountain Home Meadow during the
summer of 1995 (R. Harrod, pers. comm. 1996). Construction activities
and facilities maintenance at the lodge may also alter the site
hydrology and adversely impact the S. oregana var. calva population at
this location (Gamon 1987; T. Thomas, pers. obs. 1995).

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

No evidence of over-collection of Sidalcea oregana var. calva by
botanists and/or horticulturists for scientific and commercial purposes
is known at this time. However, some populations are small enough that
even limited collecting pressure could have adverse impacts. Sidalcea
oregana var. calva is an attractive plant, and may be sought for
collection if its rarity and population locations become well known.
All perennial species in the genus are considered attractive, if not
choice, plants with horticultural potential (Hitchcock and Cronquist
1961, Gamon 1987, Hill 1993). Wild-collected seed of the species, S.
oregana (no variety given), is available through a seed exchange
program offered by an international gardening society (North American
Rock Garden Society (NARGS) 1996). Livestock, especially sheep, have
grazed the Camas Land meadow complex, and the southeast portion of the
meadow is currently grazed by horses. Whether herbivory by livestock or
wildlife has adversely impacted the S. oregana var. calva population is
unknown, as is the potential threat herbivory may currently pose.

C. Disease or Predation

Individuals of Sidalcea oregana var. calva have been infested by
large numbers of aphids at the Camas Land and Mountain Home Meadow
populations (Gamon 1987). The effect of these aphids, or the
relationship of the aphids to Sidalcea oregana var. calva, is not
known. In 1987, weevils were observed to have eaten the majority of the
seeds that were produced (Gamon 1987); herbivory has also been observed
more recently (R. Harrod, pers. comm. 1996). Some grazing by horses and
wildlife (deer and elk) has been observed, although the impact from
grazing is unknown (Gamon 1987; R. Harrod, pers. comm. 1996).

D. The Inadequacy of Existing Regulatory Mechanisms

Sidalcea oregana var. calva is included on the Forest Service
Region 6 Sensitive Plant List and is listed as endangered by the DNR's
Natural Heritage Program (1994). There is no State Endangered Species
Act in the State of Washington and, therefore, the DNR designation
provides no legal protection for this species.
The Wenatchee National Forest has developed a draft conservation
agreement for another sensitive plant species, Delphinium viridescens,
which would indirectly provide some measures for conserving Sidalcea
oregana var. calva where the two taxa occur together. Some protection
mechanisms discussed in the draft agreement have been implemented and
may serve to promote the recovery of S. oregana var. calva on Forest
Service land. However, this agreement has not been finalized, does not
address all of the threats to S. oregana var. calva, and is inadequate
to protect and recover the species throughout its range (Gamon 1987; J.
Gamon, pers. comm. 1996). Protection provided through this conservation
agreement would not extend to private or state-owned land, nor would it
protect the species from alteration of hydrology, residential
development and associated impacts, competition from non-native plants,
fire and/or fire suppression activities, insect outbreaks, and random
events.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Fewer than five individuals are present at each of two sites on
Forest Service land, and fewer than 30 individuals are present at one
of the sites on private land. When populations reach such low numbers,
their susceptibility to extirpation from deterministic and random
events increases (Gilpin and Soule 1986, Given 1994, Schemske et al.
1994). An outbreak of insects, soil disturbance from livestock grazing,
or a fire during the growing season of S. oregana var. calva could
extirpate these small populations or reduce the habitat suitability for
this taxon. The small, isolated nature of these populations may also
have an adverse effect on pollinator activity, seed dispersal, and gene
flow. Small populations may lose a large amount of genetic variability
because of genetic drift and therefore have a reduced likelihood of
long-term viability (Soule 1980 as cited in Lesica and Allendorf 1992).
The Mountain Home Meadow population has fewer than 100 plants and is
also susceptible to many of these same threats. An additional threat to
the Mountain Home Meadow population is dust from an adjacent gravel
road which may hinder pollination of the plants nearest the road (Gamon
1987).
The Service has carefully assessed the best scientific and
commercial information available concerning the past, present, and
future threats faced by this species in determining to propose this
rule. Based on this evaluation, the preferred course of action is to
list Sidalcea oregana var. calva as endangered. Alterations of
hydrology, development of property for residential and agricultural
use, habitat modification and/or destruction from fire suppression and
fire-suppression activities, competition with native and non-native
plant species, road construction and maintenance, and impacts from
recreational activities imperil the continued existence of this
species. The small populations of this species are particularly
susceptible to extirpation from random events. Sidalcea oregana var.
calva is known from only five populations. Two of these populations
have fewer than five individuals each, while one population has fewer
than 30 individuals. Another population has about 100 individuals
remaining after being reduced 50 percent by fire suppression
activities. The largest population has about 2,470 individuals. Because
the taxon has been extirpated from numerous historical locations and is
in danger of extinction, the preferred action is to list S. oregana
var. calva as endangered. Other alternatives to this action were
considered but not preferred; not listing the taxon or listing it as
threatened would not be in accordance with the Act.

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
consideration 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

[[Page 41332]]

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 S.
oregana var. calva 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 threat to
the species, or (2) such designation of critical habitat would not be
beneficial to the species.
As discussed under Factor B in the ``Summary of Factors Affecting
the Species'' section, overutilization is not considered to be a threat
to the Sidalcea oregana var. calva at this time. Almost all of the
perennial taxa in the genus, however, are considered attractive, if not
choice, plants of horticultural value when in bloom (Hitchcock and
Cronquist 1961, Gamon 1987, Hill 1993). Although overutilization of S.
oregana var. calva is not currently thought to be a threat, wild-
collected seed of the species (no variety given) is available through
the seed exchange program of an international gardening society (NARGS
1996). Some populations are small enough that even limited collecting
pressure could have adverse impacts. The publication of precise maps
and descriptions of critical habitat in the Federal Register would make
these plants more vulnerable to incidents of collection and/or
vandalism and, therefore, could contribute to the decline of this
species and increase enforcement difficulties. The listing of this
species as endangered would publicize its rarity which could make these
plants more attractive to researchers or collectors of rare plants.
Furthermore, critical habitat designation for Sidalcea oregana var.
calva is not prudent due to lack of benefit. Only two populations occur
on Federal land, each with fewer than five individuals, and any action
that would adversely modify critical habitat also would jeopardize the
species. The designation of currently unoccupied habitat as critical
habitat for this species is unlikely because historical sites at which
the species is no longer found have either been converted to
residential or agricultural uses, or the habitat at these sites has
been altered to such an extent that conditions are no longer suitable
for the species. Service policy precludes the introduction of the
species into areas where it did not historically occur. The designation
of critical habitat, therefore, would not provide additional benefit
for this species beyond the protection afforded by listing.
Protection of the habitat of this species will be addressed through
the recovery process and through sections 6 and 7 of the Act. The
Service believes that Federal involvement in the areas where these
plants occur can be identified without the designation of critical
habitat. Because the publication of precise maps and descriptions of
critical habitat in the Federal Register would make these plants more
vulnerable to incidents of collection and/or vandalism and because of
lack of benefit, the Service finds that the designation of critical
habitat for these plants is not prudent at this time.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain activities. Recognition through listing encourages and
results in public awareness and conservation actions by Federal, State,
and local agencies, private organizations, 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.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened 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) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing, or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, 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 destroy or adversely modify its critical habitat. If a Federal
action may affect a listed species or its critical habitat, the Federal
agency must enter into formal consultation with the Service, pursuant
to Section 7(a)(2) of the Act.
Two of five populations of Sidalcea oregana var. calva are found
entirely on Federal lands managed by the Forest Service, while a third
population may lie partially on Forest Service land. The Forest Service
would be required to consult with the Service if any actions such as
timber harvesting, road construction, or grazing activities may affect
S. oregana var. calva. Other Federal agency actions that may require
conference and/or consultation include Army Corps of Engineers
authorization of projects affecting wetlands and other waters under
section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.),
Environmental Protection Agency authorization of discharges under the
National Pollutant Discharge Elimination System (NPDES), Natural
Resource Conservation Service projects, and Department of Housing and
Urban Development and Veterans Administration mortgage programs
(Federal Home Administration loans).
Listing of this plant would provide for development of a recovery
plan for the plant. Such a plan would identify both State and Federal
efforts for conservation of the plant and establish a framework for
agencies to coordinate activities and cooperate with each other in
conservation efforts. The plan would set recovery priorities and
describe site-specific management actions necessary to achieve
conservation and survival of the plant. Additionally, pursuant to
section 6 of the Act, the Service would be able to grant funds to
affected states for management actions promoting the protection and
recovery of this species.
The Act and its implementing regulations set forth a series of
general 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 for endangered plants apply. These prohibitions, in part,
make it illegal for any person subject to the jurisdiction of the
United States to import or export, transport in interstate or foreign
commerce in the course of a commercial activity, sell or offer for sale
in interstate or foreign commerce, or remove the species from areas
under Federal jurisdiction. In addition, for plants listed as
endangered, the Act prohibits the malicious damage or destruction on
areas under Federal jurisdiction and the removal, cutting, digging up,
damaging, or destroying of such plants in knowing violation of any
State law or regulation, including State criminal trespass law. Certain
exceptions to the prohibitions

[[Page 41333]]

apply to agents of the Service and State conservation agencies.
It is the policy of the Service (59 FR 34272) to identify to the
maximum extent practicable at the time a species is listed those
activities that would or would not 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. Collection, damage, or destruction of these species
on Federal lands is prohibited, although in appropriate cases a Federal
endangered species permit may be issued for scientific or recovery
purposes. Such activities on non-Federal land would constitute a
violation of section 9 if conducted in knowing violation of Washington
State law or regulations or in violation of State criminal trespass
law.
Activities that are in areas not under Federal jurisdiction, that
are in compliance with Washington State law, and that are in no way
related to a commercial activity involving these plants are not likely
to be violations of section 9. Questions regarding whether specific
activities will constitute a violation of section 9 should be directed
to the Field Supervisor of the Western Washington Office (see ADDRESSES
section).
The Act and 50 CFR 17.62 and 17.63 also provide for the issuance of
permits to carry out otherwise prohibited activities involving
endangered plants under certain circumstances. Such permits are
available for scientific purposes and to enhance the propagation or
survival of the species. Requests for copies of the regulations
regarding listed species and inquiries about prohibitions and permits
may be addressed to the U.S. Fish and Wildlife Service, Ecological
Services, Permits Branch, 911 N.E. 11th Avenue, Portland, Oregon 97232-
4181 (telephone 503/231-6241; facsimile 503/231-6243).

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 solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat pursuant to section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Endangered Species Act provides for a public hearing on this
proposal, if requested. Requests must be received within 45 days of the
date of publication of this proposal in the Federal Register. Such
requests must be made in writing and be addressed to the Supervisor,
Western Washington Office (see ADDRESSES section).

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).

Required Determinations

The Service has examined this regulation under the Paperwork
Reduction Act of 1995 and found it to contain no information collection
requirements.

References Cited

A complete list of all references cited herein is available upon
request from the Western Washington Office (see ADDRESSES section).
Authors: The primary author of this proposed rule is Ted Thomas,
Western Washington Office of the North Pacific Coast Ecoregion (see
ADDRESSES section).

List of subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

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:

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:

Sec. 17.12 Endangered and threatened plants

* * * * *
(h) * * *

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

* * * * * * *
Sidalcea oregana var. calva...... Wenatchee Mountains U.S.A. (WA)........ Malvaceae.......... E ........... NA NA
checker-mallow.

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

Dated: July 7, 1997
John G. Rogers
Acting Director, Fish and Wildlife Service
[FR Doc. 97-20368 Filed 7-31-97; 8:45 am]
BILLING CODE 4310-55-P