30048 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–11657 Filed 5–9–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-Day Finding for a

Petition To Add Botrychium lineare

(Slender Moonwort) to the List of

Threatened and Endangered Species

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding and initiation of status review.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), announce a

90-day finding for a petition to amend

the List of Endangered and Threatened

Wildlife and Plants. We find that the

petitioner has presented substantial

information indicating that listing

Botrychium lineare (slender moonwort)

may be warranted. With the publication

of this notice, we are initiating a status

review and will prepare a 12-month

finding.

DATES: The finding announced in this

document was made on April 12, 2000.

To be considered in the 12-month

finding for this petition, comments and

information should be submitted to us

by July 10, 2000.

ADDRESSES: Data, comments,

information, or questions concerning

this petition should be submitted to the

Supervisor, U.S. Fish and Wildlife

Service, Snake River Basin Office, 1387

S. Vinnell Way, Room 368, Boise, Idaho

83709. The petition finding, supporting

data, and comments are available for

public inspection, by appointment,

during normal business hours at the

above address.

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor (see

ADDRESSES section) (telephone 208/378–

5243; facsimile 208/378–5262).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act (Act) of 1973, as amended

(16 U.S.C. 1531 et seq.), requires that we

make a finding on whether a petition to

list, delist, or reclassify a species

presents substantial scientific or

commercial information to demonstrate

that the petitioned action may be

warranted. To the maximum extent

practicable, this finding is to be made

within 90 days of the receipt of the

petition, and we are to publish the

finding promptly in the Federal

Register. If the finding is that

substantial information was presented,

we are also required to promptly

commence a review of the status of the

involved species and to disclose its

findings within 12 months (12-month

finding).

The processing of this petition

conforms with our Listing Priority

Guidance published in the Federal

Register on October 22, 1999 (64 FR

57114). The guidance clarifies the order

in which we will process rulemakings.

Highest priority is processing

emergency listing rules for any species

determined to face a significant and

imminent risk to its well-being (Priority

1). Second priority (Priority 2) is

processing final determinations on

proposed additions to the lists of

endangered and threatened wildlife and

plants. Third priority is processing new

proposals to add species to the lists. The

processing of administrative petition

findings (petitions filed under section 4

of the Act) is the fourth priority. The

processing of this 90-day petition

finding is a Priority 4 action and is

being completed in accordance with the

current Listing Priority Guidance.

On July 28, 1999, we received a

petition dated July 26, 1999, from the

Biodiversity Legal Foundation. The

petitioner requested that we list

Botrychium lineare (slender moonwort)

as endangered or threatened and

designate critical habitat within a

reasonable period of time following the

listing. The petitioner submitted

biological, distributional, historical, and

other information and scientific

references in support of the petition.

Botrychium lineare is a small

perennial fern with a pale green leaf

(trophophore) from 6 to 18 centimeters

(2 to 7 inches) long. Leaf segments are

typically linear and divided or forked at

the ends. The sporophore (spore-bearing

structure) is 1 to 2 times the length of

the trophophore with a single main axis.

Spores mature primarily in late June

and July. This species was initially

described in 1994 and is considered to

be one of the more distinctive

moonworts (Wagner and Wagner 1994).

The habitat for B. lineare has been

described as ‘‘deep grass and forbs of

meadows, under trees in woods, and on

shelves on limestone cliffs, mainly at

higher elevations’’ (Wagner and Wagner

1994). However, a specific habitat

description for the species is

problematic because of its formerly

widespread distribution ranging from

sea level in Quebec to nearly 3,000

meters (m) (9,840 feet (ft)) in Boulder

County, Colorado. The habitat at

currently occupied sites in Oregon and

Colorado consists of montane meadows

with associated species including

snowberry (Symphoricarpos spp.),

huckleberry (Vaccinium spp.), reedgrass

(Calamagrostis spp.) and other grasses,

Engelmann spruce (Picea engelmannii),

lodgepole pine (Pinus contorta), aspen

(Populus tremuloides), and aspen dairy

(Erigeron spp.) (Wagner and Wagner

1994; Peter Root, private contractor,

pers. comm. 1999).

In the United States, Botrychium

lineare has been documented from

Idaho (Boundary County), Oregon

(Wallowa County), Montana (Lake

County), Colorado (Boulder and El Paso

Counties), and California (Inyo County,

although this report may be incorrect;

the species may actually occur in Fresno

County (Tim Thomas, Service, pers.

comm. 1999)). In Canada, B. lineare was

previously documented from two

provinces, Quebec and New Brunswick

(Wagner and Wagner 1994).

The petitioner stated that only three

populations of Botrychium lineare are

currently known to exist (two in Oregon

and one in Colorado) and that the

populations previously known from

Idaho, Montana, California, Colorado

(Boulder County), and Canada are

thought to be extirpated. Plants at some

of these sites have not been seen since

the early 1900s (Wagner and Wagner

1994). Further investigation has

identified two additional sites (one in

Colorado (Root 1999) and one in

Montana (Zika, pers. comm. 1999)) that

support B. lineare. Of the two existing

sites in northeastern Oregon, one occurs

in the Hurricane Creek drainage in the

Eagle Cap Wilderness (WallowaWhitman National Forest) and the other

is found on a private inholding known

as Lapover Ranch in the Lostine River

drainage (Oregon Natural Heritage

Program 1999; Zika et al. 1995).

Elevation for the Oregon sites is

approximately 1,600 meters (m) (5,300

feet (ft)). Two other sites are located

along the Pikes Peak toll road at 2,700

m (9,000 ft) and 2,650 m (8,700 ft) in El

Paso County, Colorado. The fifth site is

located in Glacier National Park in

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules 30049

Montana at an elevation of about 1,500

m (4,800 ft).

The remaining populations of

Botrychium lineare are extremely small,

ranging in size from 2 to 53 individuals

(Oregon Natural Heritage Program 1999;

Carpenter 1996b). When last observed in

1993, the Lapover Ranch site had 14

individuals, and the Hurricane Creek

site had 4 plants (Oregon Natural

Heritage Program 1999). The higher

elevation Pikes Peak site is the largest

with 53 plants (Carpenter 1996b); the

lower elevation Pikes Peak site (the

newly discovered site) has only 2 plants

(Root 1999). The recently discovered

Glacier National Park site consists of

about 10 plants, but more plants may be

found in nearby meadows (Peter Zika,

pers. comm. 1999).

Threats to this species include habitat

succession as a result of fire

suppression, livestock grazing, exotic

species, development, timber harvest,

roads, and recreation (Paula Brooks,

pers. comm. 2000; Peter Zika, pers.

comm. 1999; Oregon Natural Heritage

Program 1999; Zika et al. 1995; Wagner

and Wagner 1994). The petition also

stated that mining is a threat to

Botrychium lineare, but currently no

mining activities appear to be

threatening this species (Paula Brooks,

pers. comm. 2000). The petitioner

contends that habitat succession and

fire suppression threaten B. lineare

habitat on the Wallowa-Whitman

National Forest. However, our

understanding of the relationship of

habitat succession and fire suppression

to the persistence of B. lineare is

unclear. For example, in a biological

assessment for sensitive plants in the

Lostine River canyon, a U.S. Forest

Service botanist notes that ‘‘Botrychium

species seem to be found in areas that

receive natural disturbances such as fire

and landslides, but we are not yet able

to predict what disturbance interval or

successional stage best suits them’’

(Hustafa 1999). Although the petitioner

states that the lack of implementation of

a controlled burning program in Lostine

Canyon is a threat to B. lineare, this

program (if implemented) would affect

only Federal lands (Paula Brooks,

Wallowa-Whitman National Forest, in

litt., 1999), and the species does not

occur on Federal lands in this canyon.

Although the current threats to the

species may not be fully understood,

habitat occupied by Botrychium lineare

in Oregon is extremely restricted. The

Lostine site occupies an area of

approximately 10 by 10 m (30 by 30 ft)

(Wagner and Wagner 1994), and the

Hurricane Creek site is found in an area

up to 1 hectare (2.5 acres) in size

(Oregon Natural Heritage Program

1999). Since the Hurricane Creek B.

lineare site is adjacent to a popular

hiking and pack trail, the site may be

affected by recreational impacts such as

trampling or campfires (Oregon Natural

Heritage Program 1999). The population

that is found on the Lapover Ranch is

threatened by grazing, trampling, and

possible development (Zika pers. comm.

1999).

The largest known Botrychium lineare

site (based on number of individuals) at

Pikes Peak is approximately 35 by 10 m

(115 by 30 ft) in size and is located 100

m (330 ft) from the Pikes Peak toll road

(Carpenter 1996a, 1996b). The petitioner

contends that the site is threatened by

recreational impacts. Although the toll

road itself is heavily used, the B. lineare

site is located along the lower half of the

road and receives little recreational use

(Steve Tapia, Pike and San Isabel

National Forest, pers. comm. 1999). A

possible threat to this species could

result from maintenance of an adjacent

power line, although permission from

the Forest Service would have to be

obtained prior to commencing any

maintenance work (S. Tapia, pers.

comm. 1999). This site is not affected by

erosion or livestock grazing (S. Tapia,

pers. comm. 1999; Carpenter 1996a).

Threats to the lower elevation B. lineare

site at Pikes Peak, containing far fewer

plants, are unknown. However, this site

may be subject to disturbance due to its

proximity to the Pikes Peak toll road.

Although habitat for B. lineare at Pikes

Peak does not appear to be imminently

threatened, the limited amount of

occupied habitat makes this species

potentially vulnerable to naturally

occurring events or human activities.

The Glacier National Park site is

located along the Babb-Many Glacier

road (P. Zika, pers. comm. 1999). This

site is vulnerable to road maintenance

activities and to naturally occurring

events.

We have reviewed the petition,

literature cited in the petition, other

available literature and data, and

consulted with biologists familiar with

Botrychium lineare. After reviewing the

best scientific and commercial

information available, the Service finds

that the petition presents substantial

information that listing B. lineare may

be warranted. This species is currently

known from only 5 sites, with a total of

fewer than 100 individuals. The small

population size, small amount of

occupied habitat, and proximity of all

the known sites to human disturbance

suggest that this species may be

threatened by a variety of factors.

When we make a positive 90-day

finding, we are required to promptly

commence a review of the status of the

species. In the case of Botrychium

lineare, we are requesting information

on the status of the species throughout

its range in the United States and

Canada. We are soliciting information

primarily on distribution, population

status and trends, and documented

threats. Section 4(b)(3)(B) of the Act

requires that we make a finding within

1 year from the date the petition was

received as to whether listing B. lineare

as threatened or endangered is

warranted (12-month finding).

The petitioner also requested that

critical habitat be designated for

Botrychium lineare. If the 12-month

finding indicates that the petitioned

action to list B. lineare as endangered or

threatened is warranted, we would

address the designation of critical

habitat in a proposed rule to list the

species.

30050 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Proposed Rules

References Cited

Carpenter, A. 1996a. Monitoring plan for the

rare fern, Botrychium lineare, on the Pikes

Peak Ranger District, Pike-San Isabel

National Forest, El Paso County, Colorado.

The Nature Conservancy, Boulder,

Colorado, dated May 14, 1996. 6 pages.

Carpenter, A. 1996b. Annual report of

monitoring of the rare fern, Botrychium

lineare, on the Pikes Peak Ranger District,

Pike-San Isabel National Forest, El Paso

County, Colorado. The Nature

Conservancy, Boulder, Colorado, dated

August 27, 1996. 3 pages + figures.

Hustafa, J. 1999. Biological assessment for

sensitive plants, Lostine Recreation

Facilities Project, Eagle Cap Ranger

District, Wallowa-Whitman National

Forest.

Oregon Natural Heritage Program. 1999.

Element occurrence records for Botrychium

lineare.

Root, P. 1999. A survey of possible additional

populations of the narrow leaf moonwort

on Pikes Peak (order number 43–82BH–8–

0096). Prepared for the Pikes Peak Ranger

District, U.S. Forest Service. 3 pages +

figures.

Wagner, W.H. and F.S. Wagner. 1994.

Another widely disjunct, rare and local

North American moonwort

(Ophioglossaceae: Botrychium subg.

Botrychium). American Fern Journal

84(1):5–10.

Zika, P.F., R. Brainerd and B. Newhouse.

1995. Grapeferns and moonworts

(Botrychium, Ophioglossaceae) in the

Columbia Basin. A report submitted to the

Eastside Ecosystem Management Project,

U.S. Forest Service, Walla Walla,

Washington. Pages 1, 20, and 26.

Author

The author of this document is Edna

Rey-Vizgirdas, U.S. Fish and Wildlife

Service, Snake River Basin Office (see

ADDRESSES section).

Authority: The authority for this action is

the Endangered Species Act, as amended (16

U.S.C. 1531 et seq.).

Dated: April 12, 2000.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 00–11684 Filed 5–9–00; 8:45 am]

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