[Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
[Proposed Rules]
[Pages 50896-50900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25694]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE37


Endangered and Threatened Wildlife and Plants; Proposed 
Threatened Status for Virginia sneezeweed (Helenium virginicum), a 
Plant From the Shenandoah Valley of Virginia

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The Fish and Wildlife Service (Service) proposes to list 
Helenium virginicum (Virginia sneezeweed) as a threatened species, 
under the authority of the Endangered Species Act of 1973, as amended 
(Act). This rare plant is restricted to seasonally inundated sinkhole 
ponds and meadows in Augusta and Rockingham counties, Virginia. Five of 
the 25 known extant populations are on U.S. Forest Service land; the 
others are on private land. This perennial plant is threatened by 
residential development, incompatible agricultural practices, filling 
and ditching of its wetland habitat and other disruptions of its 
habitat and the hydrology that maintains it. At several sites, ditches 
have been constructed to reduce the length of time that standing water 
is present. This has caused the H. virginicum population at one of the 
sites to be reduced to near extinction. Helenium virginicum is 
presently listed as endangered by the State of Virginia. This proposal, 
if made final, would implement Federal protection and recovery 
provisions afforded by the Act for this species.

DATES: Comments from all interested parties must be received by 
November 28, 1997. Public hearing requests must be received by November 
13, 1997.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Field Supervisor, Chesapeake Bay Field Office, U.S. Fish 
and Wildlife Service, 177 Admiral Cochrane Drive, Annapolis, MD 21401. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Andy Moser, Chesapeake Bay Field 
Office (see ADDRESSES section) (telephone 410/573-4537; facsimile 410/
269-0832).

SUPPLEMENTARY INFORMATION:

Background

    Helenium virginicum (Virginia sneezeweed) is a perennial member of 
the aster family (Asteraceae) known only from Augusta and Rockingham 
counties, Virginia. The common name, sneezeweed, is based on the use of 
the dried leaves of these plants in making snuff, inhaled to cause 
sneezing that would supposedly rid the body of evil spirits (Niering 
1979). Helenium virginicum stems grow to a height of 4 to 11 decimeters 
(1.5 to 3.5 feet) above a rosette of basal leaves. Coarse hairs are 
visible on the basal and lower stem leaves. The basal leaves may be 
broad in the middle tapering toward the ends, but otherwise may appear 
oblong. Stem leaves are lance-shaped, and become progressively smaller 
from the base to the tip of the stem. The stems are winged, the wings 
being continuous with the bases of the stem leaves. The flower ray 
petals are yellow, and wedge-shaped with three lobes at the ends. The 
central disk of the flower is nearly ball-shaped. Flowering occurs from 
July to October (Virginia Department of Conservation and Recreation 
1995).
    Helenium virginicum is similar to common sneezeweed (Helenium 
autumnale), but differs in having a sparsely-leaved stem, larger basal 
leaves, and longer pappus scales (appendages which crown the ovary or 
fruit). It is also differentiated by leaf shape, stem and leaf hairs, 
and habitat requirements.
    Helenium virginicum was first described by S.F. Blake in 1936 from 
specimens collected near Stuart's Draft, Virginia. It is a perennial 
wetland species found only on the shores of shallow, seasonally flooded 
ponds in Virginia's Shenandoah Valley. From 1985 through 1995, 
extensive status survey work was conducted for H. virginicum in over 
100 limestone sinkhole ponds along the western edge of the Blue Ridge 
Mountains in the Shenandoah Valley of Virginia. A total of 28 separate 
populations were located during these surveys. The ponds at these 
locations range in size from less than 0.04 hectare(ha) (0.1 acre (ac)) 
to 3 ha (8 ac) and are seasonally flooded, semipermanent, or permanent 
bodies of water. The ponds supporting H.

[[Page 50897]]

virginicum have poorly drained, acidic, silty loam soils, and are 
typically flooded from January through July.
    Helenium virginicum is adapted to survive the water level 
fluctuations of the seasonal ponds, giving it a competitive advantage 
in this habitat. From year to year, the number of H. virginicum plants 
at any given site may vary greatly. A high water level one year may 
leave the ponds flooded, resulting in less shoreline for plants to 
become established or to survive. However, a high water level also 
eliminates the invading shrubs and trees that may compete with H. 
virginicum on the pond shores. When the water level is lower, more pond 
shore is exposed and the surviving plants and the seeds stored in the 
soil enable the H. virginicum populations to rebound (Virginia 
Department of Conservation and Recreation 1995).
    Seeds of Helenium virginicum are dispersed in late fall and winter; 
germinating in late summer or early fall of the following year if 
conditions are suitable. Seeds will not germinate in the dark or under 
a standing column of water. In the first year of growth, the plant 
exists as a basal rosette with a diffuse root system. Plants seem to 
grow year-round, even while submerged. Flowering usually does not occur 
until the plant is more than one year old. One aerial stem bearing 
several flower heads is formed during the first flowering season; in 
subsequent years several flowering stems may be formed in a season. 
Plants may live for five years, flowering in consecutive years (J.S. 
Knox, Washington and Lee University, pers. comm. 1997).
    Of the 28 populations of Helenium virginicum identified during the 
10-year survey period, 25 currently are considered to be extant. The 
remaining three populations, where no H. virginicum have been seen in 
recent years, may be extirpated. Of the 25 extant populations, 5 are on 
U.S. Forest Service land and the remaining 20 are on private lands. The 
most recent status report (Van Alstine 1996) provides an excellent 
review of the status and trends for the species. The report indicates 
that the majority of sites on private land are in wetlands and have a 
range of disturbances and threats including ditching, filling, mowing, 
and grazing.

Previous Federal Action

    Federal government actions on this species began on November 28, 
1983, when the Service published a notice of review in the Federal 
Register (48 FR 53640) covering all native plants being considered for 
listing as endangered or threatened. Helenium virginicum was included 
in that notice as a category 2 species. Category 2 species were defined 
as those taxa for which the Service lacked information to determine if 
category 1 status was warranted. It was subsequently retained as a 
category 2 species when the Notice of Review for Native Plants was 
revised in 1985 (50 FR 39526), and again in 1990 (55 FR 61184).
    In 1985, the Service contracted with The Nature Conservancy to 
conduct status survey work on Helenium virginicum and numerous other 
rare plant species. Their final report, dated October 20, 1986, 
recommended threatened status for this plant but indicated that 
additional ponds should be checked for the presence of this species.
    In 1990 and 1991, the Virginia Department of Conservation and 
Recreation's Division of Natural Heritage conducted further fieldwork, 
funded in part by the Service, to locate additional Helenium virginicum 
populations. An exhaustive search resulted in the discovery of seven 
additional locations of the species, but three of these locations 
contained very few individuals. Based largely on this new information, 
H. virginicum was moved to category 1 when the Notice of Review for 
Plant Taxa was revised in 1993 (58 FR 51144). Category 1 species were 
defined as those taxa for which the Service had on file sufficient 
information on biological vulnerability and threats to support 
preparation of listing proposals. Upon publication of the February 28, 
1996, Notice of Review (61 FR 7596), the Service ceased using category 
designations and included H. virginicum as a candidate species. As 
currently defined, candidate species are those taxa for which the 
Service has on file sufficient information on biological vulnerability 
and threats to support proposals to list the species as threatened or 
endangered.

Summary of Factors Affecting the Species

    Section 4 of the Act (16 U.S.C. 1513) and regulations (50 CFR Part 
424) promulgated to implement the listing provisions of the Act set 
forth the procedures for adding species to the Federal lists. A species 
may be determined to be an endangered or threatened species due to one 
or more of the five factors described in section 4(a)(1). These factors 
and their application to Helenium virginicum Blake (Virginia 
sneezeweed) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. Habitat modification is the 
principal threat to Helenium virginicum. It is threatened by 
residential development, incompatible agricultural practices, filling 
and ditching of wetland habitats, groundwater withdrawal, and other 
disruptions of hydrology. Because the survival and maintenance of H. 
virginicum populations depend on seasonal water level fluctuations, 
either wetland drainage or increases in the time of inundation may 
result in high levels of mortality. Of the 18 populations visited in 
1995, eight were located in relatively undisturbed wetlands, while the 
remaining 10 were in wetlands altered by ditching, mowing, grazing or 
filling (Van Alstine 1996). At least four of the sites where recently 
the species has dramatically declined have modified hydrology (Van 
Alstine and Ludwig 1991). Three of these sites have been either ditched 
or filled, thereby shortening or eliminating the wet phase.
    Among the most threatened populations of Helenium virginicum are 
those in the area south and southwest of Lyndhurst, Virginia, where 
land use is increasingly being converted from agricultural to 
residential. Increased drainage control which accompanies such 
development will adversely affect many of the sites located on or near 
agricultural lands over the next 10 years (Van Alstine and Ludwig 
1991).
    One proposed project, the widening of Route 340 from two to four 
lanes in Augusta County, could have severe impacts on one of the 
largest populations of Helenium virginicum. However, it may be possible 
to avoid or reduce impacts by careful routing of the highway, 
controlling runoff, and maintaining current hydrology.
    Cattle grazing and mowing affect many of the sites supporting the 
species. In general, the effects of moderate levels of grazing and 
mowing appear to be beneficial, since several of the regularly grazed 
or mowed sites are among the largest and best established populations. 
Nonetheless, there is a potential that overly frequent, or poorly timed 
mowing (and perhaps overgrazing) could have a long-term adverse effect 
on the species by interfering with flowering and seed production (Van 
Alstine and Ludwig 1991).
    B. Overutilization for commercial, recreational, scientific or 
educational purposes. Other species in the genus Helenium have been 
shown to contain compounds with antitumor properties. However, there is 
no information to show that Helenium virginicum is in commercial trade 
for these compounds. Overcollection has not been documented as a 
problem for the

[[Page 50898]]

species. Most collections, to date, have been for scientific purposes 
and have been taken from locally large populations which can tolerate 
these low levels of collection. Overcollection could become a problem 
at some of the sites supporting smaller populations of H. virginicum.
    C. Disease or predation. Disease and predation are currently not 
believed to be factors affecting the continued existence of the 
species. Although grazing may affect Helenium virginicum, its effects 
are thought to be mostly positive, because most grazers appear to feed 
preferentially on competing vegetation while avoiding H. virginicum. 
The effects of long-term heavy grazing are not known.
    D. The inadequacy of existing regulatory mechanisms. Helenium 
virginicum is currently listed as an endangered species by the State of 
Virginia. State law prohibits the taking of this species from State or 
private lands without consent of the landowner but does not protect the 
species' habitat. The Corps of Engineers' regulatory program provides 
limited regulation of the species' wetland habitats. This has not 
prevented draining and filling of sites supporting the species.
    E. Other natural or manmade factors affecting its continued 
existence. Invasion of an exotic species, the purple loosestrife 
(Lythrum salicaria), is a potential threat. Purple loosestrife is 
slowly extending its range throughout freshwater wetland areas in 
Virginia and may invade Helenium virginicum habitats, outcompeting the 
species at affected sites. Climate changes (either natural or human-
caused) are also a potential threat to the species. Several consecutive 
years of unusually wet or unusually dry weather can dramatically lower 
population numbers; at these times the populations may be especially 
vulnerable to the modifications to hydrology discussed under factor A.
    The Service has carefully assessed the best scientific and 
commercial information available regarding the past, present, and 
future threats faced by this species in determining to propose this 
rule. Based on this evaluation, the preferred action is to list 
Helenium virginicum as a threatened species. This species is faced with 
increasing threats from loss and degradation of habitat due to 
development and related changes in hydrology as well as other 
activities incompatible with the species long-term survival. These 
threats are compounded by the species' restricted range and small 
number of populations. While not in immediate danger of extinction, H. 
virginicum is likely to become an endangered species in the foreseeable 
future if the present threats and declines in the number and sizes of 
populations continue. In accordance with the definitions for endangered 
and threatened species found in section 3 of the Act, threatened is the 
most appropriate classification for H. virginicum.

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 conservation of the 
species. Conservation means the use of all methods and procedures 
needed to bring the species to the point at which listing under the Act 
is no longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. The Service 
finds that designation of critical habitat is not prudent for Helenium 
virginicum, 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.
    Twenty of the 25 known extant populations of Helenium virginicum 
are on private land. Most of these populations are located near or 
adjacent to residential areas or public roads. The publication of 
precise maps and descriptions of critical habitat in the Federal 
Register, as required in a proposal for critical habitat, would make 
this plant vulnerable to incidents of collection and vandalism and, 
therefore, could contribute to the decline of the species. Although 
this species is not known to be sought by collectors, related members 
of the genus are commercially cultivated and at least one member of the 
genus, H. amarum, has been shown to contain compounds of possible 
medicinal value. The listing of this species as threatened also 
publicizes its rarity and, thus, may make this plant more attractive to 
researchers, collectors, and those wishing to see rare plants. The 
desirability and accessibility of the species, therefore, could make 
the plants subject to collection if their precise locations were 
publicized.
    In addition, critical habitat designation for Helenium virginicum 
is not prudent due to lack of benefit. Five of the species' 25 known 
extant populations occur on Federal land in the George Washington and 
Jefferson National Forest. The U.S. Forest Service is aware of the 
locations of these populations and has protected four of them through 
designation as Special Interest Areas (Biological). The fifth 
population, discovered more recently, is likely to receive a similar 
designation. The Forest Service has indicated a commitment to assisting 
in the recovery of this species by protecting these sites. Because it 
is highly likely that a Forest Service activity which would cause 
adverse modification of critical habitat would also cause jeopardy to 
the species, the designation of critical habitat on Federal lands would 
not provide greater protection for this species or its habitat than 
that provided by listing.
    The remaining 20 of the 25 known extant populations of Helenium 
virginicum are located on private lands. The owners and managers of 
these private lands were informed of the population locations and of 
the importance of protecting the species and its habitat. It is highly 
likely that an activity on private land involving Federal permitting or 
funding which causes adverse modification of critical habitat would 
also cause jeopardy to the species. For this reason, the designation of 
critical habitat on private lands would not provide greater protection 
for this species or its habitat than that provided by listing. As 
outlined above, the designation of critical habitat could cause 
additional threats but likely would provide no additional benefits for 
the species. Therefore, the Service concludes that designation of 
critical habitat for H. virginicum is not prudent.

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 
activities. Recognition through listing encourages and results in 
conservation actions by Federal, State, and local agencies, private 
organizations, and individuals. The Act provides for possible land

[[Page 50899]]

acquisition and cooperation with the states and requires that recovery 
plans be developed for all listed species. The protection required of 
Federal agencies and the prohibitions against certain activities 
involving listed plants 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 listed or proposed for 
listing as endangered or threatened and with respect to those species' 
designated or proposed critical habitat, if any. 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 proposed species or 
result in the 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 to 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. 
Federal agency actions that may require conference and/or consultation 
include U.S. Forest Service land management activities and U.S. Army 
Corps of Engineers permitting of projects such as road construction and 
filling of wetlands subject to section 404 of the Clean Water Act 
(U.S.C. 1344 et seq.).
    The Act and its implementing regulations set forth a series of 
general trade prohibitions and exceptions that apply to all threatened 
plants. All prohibitions of section 9(a)(2) of the Act, implemented by 
50 CFR 17.71, 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 and reduce the species to possession 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, 
or damaging or destroying of such plants in knowing violation of any 
State law or regulation, including State criminal trespass law. Section 
4(d) of the Act allows for the provision of such protection to 
threatened species through regulation. The protection may apply to this 
species in the future if regulations are promulgated. Seeds from 
cultivated specimens of threatened plants are exempt from these 
prohibitions provided that their containers are marked ``Of Cultivated 
Origin.'' Certain exceptions to the prohibitions apply to agents of the 
Service and State conservation agencies.
    The Act and 50 CFR 17.72 also provide for the issuance of permits 
to carry out otherwise prohibited activities involving threatened 
plants under certain circumstances. Such permits are available for 
scientific purposes and to enhance the propagation or survival of the 
species. For threatened plants, permits are also available for 
botanical or horticultural exhibition, education purposes, or special 
purposes consistent with the purposes of the Act. In the case of 
Helenium virginicum, it is anticipated that few trade permits would 
ever be sought or issued since the species is not common in cultivation 
nor 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 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 this 
listing on proposed and ongoing activities within the species' range. 
Collection, damage, or destruction of listed species on Federal lands 
is prohibited, although in appropriate cases a Federal endangered 
species permit may be issued to allow collection. Such activities on 
non-Federal lands would constitute a violation of section 9, if 
conducted in knowing violation of State law or regulations or in 
violation of State criminal trespass law. The Service is not aware of 
any otherwise lawful activities being conducted or proposed by the 
public that would affect Helenium virginicum and result in a violation 
of section 9. Questions regarding whether specific activities would 
constitute a violation of section 9 should be directed to the Field 
Supervisor of the Service's Chesapeake Bay Field Office (see ADDRESSES 
section).
    Requests for copies of the regulations concerning listed plants and 
general inquiries regarding prohibitions and permits may be addressed 
to the Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, 
Washington, D.C. 20240 (703/235-1903).

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
the Service hereby solicits comments or suggestions from the public, 
other concerned governmental agencies, the scientific community, 
industry, or any other interested party concerning this proposed rule. 
Comments particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
any threat (or lack thereof) to Helenium virginicum;
    (2) The locations 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 and distribution of 
the species; and
    (4) Current or planned activities in the subject area and their 
possible impacts on the species.
    Final promulgation of the regulation on this species 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 Field 
Supervisor, Chesapeake Bay Field 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

Blake, S.F. 1936. A New Helenium from Virginia. Claytonia 3(2):13-
15.
Niering, W.A. 1979. The Audubon Society Field Guide to North 
American Wildflowers--Eastern Region. Alfred A. Knopf, New York. p. 
383.

[[Page 50900]]

Van Alstine, N.E. 1996. A Reassessment of the Status of the Helenium 
virginicum Populations in the Shenandoah Valley of Virginia. Natural 
Heritage Technical Report 96-6. VA Dept. of Conservation and 
Recreation, Richmond, VA. Unpublished report to the U.S. Fish and 
Wildlife Service. 36pp.
Van Alstine, N.E., and J.C. Ludwig. 1991. Natural Heritage 
Inventory: Helenium virginicum. 1990 Final Report. VA Dept. of 
Conservation and Recreation, Div. of Natural Heritage, Richmond, VA. 
Unpublished report. 50pp.
Virginia Department of Conservation and Recreation. 1995. Natural 
Resources Fact Sheet--Virginia Sneezeweed (Helenium virginicum). VA 
Dept. of Conservation and Recreation, Richmond, VA. 2pp.

Author

    The primary author of this proposed rule is Andy Moser, Chesapeake 
Bay Field office (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) * * *

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                        Species                                                                                                                         
--------------------------------------------------------    Historic range        Family name          Status      When listed    Critical     Special  
         Scientific name                Common name                                                                               habitat       rules   
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Flowering Plants                                                                                                                               
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Helenium virginicum..............  Virginia sneezeweed.  U.S.A. (VA)........  Asteraceae.........  T                                     NA           NA
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: September 15, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 97-25694 Filed 9-26-97; 8:45 am]
BILLING CODE 4310-55-P