Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40325

Species

Historic range

Vertebrate

population

where endangered or

threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

CRUSTACEANS

* * * * * * *

Amphipod, Illinois cave Gammarus

acherondytes.

U.S.A. (IL) ................... NA E .................... NA NA

* * * * * * *

Dated: July 10, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–19763 Filed 7–25–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AE30

Endangered and Threatened Wildlife

and Plants; Proposed Endangered

Status for the Plant Sidalcea Keckii

(Keck’s Checker-Mallow) From Tulare

County, California

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service) proposes to list Sidalcea keckii

(Keck’s checker-mallow) as endangered

pursuant to the Endangered Species Act

of 1973, as amended (Act). Sidalcea

keckii is known only from a single

population in the annual grasslands of

Tulare County, California. Sidalcea

keckii is threatened by urban

development, agricultural land

conversion, and naturally occurring

events. This proposal, if made final,

would implement the Federal protection

and recovery provisions afforded by the

Act for the plant.

DATES: Comments from all interested

parties must be received by, September

26, 1997. Public hearing requests must

be received by September 11, 1997.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Field Supervisor, U.S. Fish and

Wildlife Service, Sacramento Field

Office, 3310 El Camino Avenue,

Sacramento, California 95825.

Comments and materials received will

be available for public inspection, by

appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Ken

Fuller, Sacramento Field Office (see

ADDRESSES section), (telephone 916/

979–2120; facsimile 916/ 979–2128).

SUPPLEMENTARY INFORMATION:

Background

The San Joaquin Valley of California

is a large, north-south oriented, alluvial

valley that is mostly farmed or

urbanized. The San Joaquin Valley, from

Stockton in the north to Bakersfield in

the south, is approximately 700

kilometers (km) (320 miles (mi)) long

and 300 km (135 mi) wide. Tulare

County, one of ten counties in the San

Joaquin Valley, is located toward the

southern end of the valley. A single

population of Sidalcea keckii occurs

toward the southern end of the valley,

in south-central Tulare County.

Sidalcea keckii is a slender, hairy,

erect annual herb belonging to the

mallow family (Malvaceae). The species

grows 1.5 to 3.5 decimeters (dm)(6 to 13

inches(in.)) tall. The lower leaf blades

have 7 to 9 shallow lobes. The upper

leaves have a tapered base with 2 to 5

notches in the upper lobes. A few deep

pink flowers, 10 to 20 millimeters (mm)

(0.4 to 0.8 in.) wide, appear in April

through May. Seeds are smooth and

pink-tinted. Sidalcea keckii closely

resembles four other annual species of

Sidalcea—S. calycosa, S. diploscyha, S.

hartwegii, and S. hirsuta. Sidalcea

calycosa and S. diploscyha have ranges

that overlap with S. keckii. Sidalcea

keckii can be variously separated from

similar species by the number and size

of flowers, the arrangement of stamens,

the lengths of the bract and calyx, the

presence of an aggregation of linear

stipules and bracts surrounding the

flower at maturity, the size and shape of

the stem leaves, the density of hairs on

the stems, and the presence of a

purplish spot on the flower.

Wiggins (1940) described Sidalcea

keckii from specimens collected in 1935

and 1938 near White River, Tulare

County. Sidalcea keckii was known

historically from three populations

occurring between 120 to 425 meters

(m) (400 to 1,400 feet (ft)) in elevation,

but it has not been seen at two of these

sites for about 57 years. It was

considered to be extinct until 1992,

when the third, and only extant,

population of S. keckii was discovered

by consultants conducting a site

inventory as part of the environmental

compliance prior to construction of a

subdivision (Woodward and Clyde,

Biological Consultants, 1992). The

population of S. keckii occurs on 20 to

40 percent slopes of red or whitecolored clay in sparsely-vegetated

annual grasslands. The clays are thought

to be derived from serpentine

(magnesian or ultramafic) soils. The

population covers an area measuring 30

m by 100 m (100 ft by 320 ft) and had

a total of only 60 plants in 1992. It

occurs on a privately-owned parcel of

land comprising an area of 280 hectare

(ha) (700 acre (ac)) that is currently

grazed by livestock. S. keckii is

threatened by urban development,

agricultural land conversion, and

naturally occurring events.

Previous Federal Action

Federal government actions on the

plant began as a result of section 12 of

the original Endangered Species Act of

1973, (Act) as amended (16 U.S.C. 1531

et seq.), 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 Sidalcea keckii as a

threatened species. The Service

published a notice on July 1, 1975 (40

FR 27823) of its acceptance of the report

of the Smithsonian Institution as a
40326 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

petition within the context of section

4(c)(2) (petition provisions are now

found in section 4(b)(3) of the Act) and

its intention thereby to review the status

of the plant taxa named therein. The

July 1, 1975 notice included the above

taxon. On June 16, 1976, the Service

published a proposal (41 FR 24523) to

determine approximately 1,700 vascular

plant species to be endangered species

pursuant to section 4 of the Act. The list

of 1,700 plant taxa 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. S. keckii was not

included in the June 16, 1976, Federal

Register document.

The Service published an updated

notice of review for plants on December

15, 1980 (45 FR 82480). This notice

included Sidalcea keckii as a category

1* candidate. Category 1* candidates

were species believed to have become

extinct, S. keckii having since been

rediscovered. This designation for S.

keckii was retained in the November 28,

1983 supplement to the Notice of

Review (48 FR 53640), as well as

subsequent revisions on September 27,

1985 (50 FR 39526), February 21, 1990

(55 FR 6184), and September 30, 1993

(50 FR 51143). Upon publication of the

notice of review on February 28, 1996

(61 FR 7596), the Service included S.

keckii as a candidate species. Candidate

species are those which the Service has

on file sufficient information on

biological vulnerability and threat(s) to

support proposals to list them as

threatened or endangered species. S.

keckii was also listed as a candidate in

the Notice of Review published on

February 28, 1996 (61 FR 7596).

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 keckii, because the

1975 Smithsonian report had been

accepted as a petition. On October 13,

1982, the Service found that the

petitioned listing of the 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 1983 through 1997. S. keckii

has a listing priority number of 2.

Processing of this rule is a Tier 3

activity under the current listing

priority guidance (61 FR 64480).

Summary of Factors Affecting the

Species

Section 4 of the 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 list of endangered and

threatened species. A species may be

determined to be endangered or

threatened due to one or more of the

five factors described in section 4(a)(1).

These factors and their application to

Sidalcea keckii Wiggins (Keck’s

checker-mallow) are as follows:

A. The Present or Threatened

Destruction, Modification, or

Curtailment of its Habitat or Range

Only three verified sites for Sidalcea

keckii have been reported historically.

The species is presumed extirpated from

its type locality near White River in

Tulare County and from a second

historical site in the vicinity of Piedra,

Fresno County. Despite repeated

searches for the species, it has not been

found at either of these sites since 1939,

when the species was first named (the

date of the type collection), (John

Stebbins, Fresno State University, in litt.

1994). One erroneous report of an

occurrence near Porterville, Tulare

County, is a misidentification of either

S. calycosa or S. hirsuta (J. Stebbins, in

litt. 1994). The only extant population,

of approximately 60 individuals in

Tulare County, was discovered in 1992

(Stebbins, in litt. 1994).

Historically, the habitat of Sidalcea

keckii has been degraded by urban

development, agricultural land

conversion, and livestock grazing

(Stebbins, in litt. 1994). These factors

continue to threaten S. keckii. As

recently as 1992, a subdivision was

proposed for the private land containing

the only known population of S. keckii,

although that proposal has been

withdrawn (Marge Neufield, Tulare

County Planning Department, in litt.

1995). Agricultural land conversion also

threatens this population (California

Natural Diversity Data Base 1995).

Citrus orchards occur within 1.6

kilometers (1 mile) of the population of

S. keckii. The parcel of land where this

species occurs is at the same elevation

as existing orchards, and has soils

similar to those on which citrus is

grown.

The land on which the population is

found is currently used for grazing.

Although the level of grazing on the

parcel is not currently thought to pose

a threat to the species, an increase in

grazing intensity beyond best

management practices could potentially

threaten the species. A 64 ha (160 ac)

portion of the 280 ha (700 ac) on which

the plant occurs is currently zoned as

Planned Development of Foothill

Mobile Home. This designation permits,

subject to site plan review, a

subdivision, business, or mixed

business and residential development of

the land. Lands adjacent to this parcel

are zoned to permit citrus, grapes, or

other crop agriculture, or livestock

grazing (Roberto Brady, Tulare County

Planning Department, pers. comm.

1997). A zoning variance could permit

either residential or agricultural use of

the parcel on which the plant occurs.

The intended future use of the land is

presently unknown.

B. Overutilization for Commercial,

Recreational, Scientific, or Educational

Purposes

Overutilization is not currently

known to be a threat to the plant,

however, because this plant is known

from a small number of individual

plants in a single population it is

extremely vulnerable to unrestricted

collecting for scientific or horticultural

purposes. Although this species is not

currently known to be sought by

collectors, the genus is prized as a

source of choice horticultural plants.

Impacts from excessive visits by

individuals interested in seeing rare

plants could result from increased

publicity as a result of this proposal.

C. Disease or Predation

At this time there is no evidence to

suggest that either disease or predation

presents a significant problem for

Sidalcea keckii.

D. The Inadequacy of Existing

Regulatory Mechanisms

The California Environmental Quality

Act (CEQA) requires a full disclosure of

the potential environmental impacts of

proposed projects. The public agency

with primary authority or jurisdiction

over the project is designated as the lead

agency, and is responsible for

conducting a review of the project and

consulting with the other agencies

concerned with the resources affected

by the project. Section 15065 of the

CEQA Guidelines requires a finding of

significance if a project has the potential

to ‘‘reduce the number or restrict the

range of a rare or endangered plant or

animal.’’ Species that are eligible for

listing as rare, threatened, or

endangered but are not so listed, are

given the same protection provided for

Federal or State listed species. Once any
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40327

significant effects are identified, the

lead agency has the option to either

require mitigation for effects through

changes in the project, or to decide that

overriding considerations would make

mitigation infeasible. Projects may

therefore be approved that can cause

significant environmental damage.

Protection of unlisted, proposed, and

listed species through CEQA is therefore

dependant upon the judgement of the

lead agency. Proposed revisions to

CEQA guidelines, if implemented, may

also weaken protections for threatened,

endangered, and other sensitive species.

Sidalcea keckii is not listed by the

California Department of Fish and Game

under the California Endangered

Species Act (Chapter 1.5 sec. 2050 et

seq. of the California Fish and Game

Code and Title 14 California Code of

Regulations section 670.2). Listing by

the State of California requires

individuals to obtain a management

agreement with the California

Department of Fish and Game (CDFG) to

possess or ‘‘take’’ a listed species.

Although ‘‘take’’ of State-listed plants is

prohibited (California Native Plant

Protection Act, Chapter 10 section 1908

and California Endangered Species Act,

Chapter 1.5 section 2080), State law

appears to exempt the taking of such

plants via habitat modification or land

use changes by the owner. Effectively

upon notification of a landowner by

CDFG that a State-listed plant grows on

his or her property, a land owner will

become obligated under State law to

notify the agency ‘‘at least 10 days in

advance of changing the land use to

allow salvage of such a plant’’ (Native

Plant Protection Act, Chapter 10 section

1913).

E. Other Natural or Manmade Factors

Affecting Its Continued Existence

Sidalcea keckii is extremely localized

with one only small population of

approximately 60 individuals. This

species is, therefore, highly susceptible

to extinction from naturally occurring

events such as fire, insect predation,

and disease outbreaks (Primack 1993).

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. Sidalcea keckii is threatened by

urban development, agricultural land

conversion, and naturally occurring

events. Although the Service is not

aware of any current proposal for either

development or conversion of the parcel

on which the one small population

occurs, this population is situated in an

area that is suitable for development or

agriculture and is unprotected from

these threats. Because of the high

potential for these threats, if realized, to

result in the extinction of S. keckii, the

preferred action is to list S. keckii as

endangered.

Other alternatives to listing were

considered before publication of this

proposed rule. There are currently no

activities for the conservation of the

species (e.g., conservation agreements or

easements) being undertaken or

planned. The alternative of listing the

species as threatened is inappropriate at

this time because of the high potential

for either land development or

agricultural conversion to result in the

extinction of Sidalcea keckii. Current

practices of CEQA within the State of

California would provide inadequate

protection for this candidate species.

Listing S. keckii as endangered would

provide Federal protection for the

species and result in additional

protection as outlined under the

Available Conservation Measures

section.

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 considerations or

protection and; (ii) specific areas

outside the geographical area occupied

by a species at the time it is listed, upon

determination that such areas are

essential for the 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 a species is

determined to be endangered or

threatened. 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.

The Service finds that designation of

critical habitat is not prudent for

Sidalcea keckii. Although this species is

not currently known to be sought by

collectors, the genus is prized as a

source of choice horticultural plants.

The listing of this species as endangered

also publicizes its rarity and, thus, can

make it attractive to researchers or

collectors of rare plants. Listing of S.

keckii as an endangered species also

discloses the present vulnerability of

this species and, thus, can be reasonably

expected to increase the treat of

vandalism or the intentional destruction

of its habitat. In light of the

vulnerability of this species to

vandalism or intentional destruction of

the species habitat, publication of maps

providing it precise locations and

descriptions of critical habitat, as

required for the designation of critical

habitat, would reasonably be expected

to increase the degree of threats to the

species, increase the difficulties of

enforcement, and further contribute to

the decline of S. keckii.

Furthermore, critical habitat

designation for Sidalcea keckii is not

prudent due to lack of benefit. The

species is limited to a single location,

and any action that would adversely

modify critical habitat also would

jeopardize the species. Therefore, the

designation of critical habitat would not

provide any benefit to the conservation

of the species.

Protection of the habitat of this

species will be primarily addressed

through the recovery process. Protection

of the habitat of this species may also be

addressed through the section 7

consultation process. Consultation may

be necessary for the possible renewal of

a Bureau of Reclamation’s Friant service

area Central Valley Project water

contract, affecting the land on which the

species occurs. The Service believes that

effects of Federal involvement in the

areas where this plant occurs can be

adequately identified without the

designation of critical habitat.

Therefore, the Service finds that

designation of critical habitat for this

plant is not prudent, such designation

would reasonably increase the degree of

threats from vandalism or intentional

destruction of habitat and would not

increase the degree of protection for the

species beyond the protection afforded

by listing.

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
40328 Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules

provides for possible land acquisition

and cooperation with the State and

requires that recovery actions be carried

out 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, 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

proposed species 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

to destroy or adversely modify its

critical habitat. If a Federal action may

affect a listed species or its critical

habitat, the responsible Federal agency

must enter into formal consultation with

the Service.

Ongoing Federal agency actions that

may affect Sidalcea keckii include

Bureau of Reclamation renewal of the

Central Valley Project’s Friant water

contracts. Listing S. keckii would

provide for development of a recovery

plan for the plant. A recovery plan

would bring together both State and

Federal efforts for conservation of this

species. The recovery plan would

establish a framework for agencies to

coordinate activities and cooperate with

each other in conservation efforts. The

plan would set recovery priorities and

estimate costs of various tasks necessary

to accomplish them. The recovery plan

also would 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 an affected State such

as California for management actions

promoting the protection and recovery

of the 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 or ship 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 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. Certain

exceptions 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 effects of the listing on proposed

and ongoing activities within the

species’ range. Collection, damage or

destruction of this species on Federal

land is prohibited, although in

appropriate cases, a Federal endangered

species permit may be issued to allow

collection for scientific or recovery

purposes. Such activities on nonFederal lands would constitute a

violation of section 9 when conducted

in knowing violation of California State

law or regulations or in violation of

State criminal trespass law.

Activities that are not likely to violate

section 9 include livestock grazing,

construction or maintenance of fences

and livestock water facilities, clearing a

defensible space for fire protection

around one’s personal residence, and

landscaping (including irrigation)

around one’s personal residence.

Questions regarding whether specific

activities will constitute a violation of

section 9 should be directed to the Field

Supervisor of the Sacramento Field

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 plant

species 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 on

listed plants and inquiries regarding

them may be addressed to the U.S. Fish

and Wildlife Service, Ecological

Services, Permits Branch, 911 NE 11th

Ave., Portland, Oregon 97232–4181

(503/231–6241).

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 hereby solicited. The

Service will follow its current peer

review policy (59 FR 34270) in the

processing of this rule. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or

other relevant data concerning any

threat (or lack thereof) to Sidalcea

keckii;

(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 as provided by 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.

Final promulgation of the

regulation(s) for 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 Act provides for one or more

public hearing(s) on this proposal, if

requested. Requests must be received

within 45 days of the date of publication

of the proposal in the Federal Register.

Such requests must be made in writing

and be addressed to the Field

Supervisor, Sacramento Field Office,

(see ADDRESSES section).

National Environmental Policy Act

The Fish and Wildlife Service has

determined that an 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. This rulemaking was not
Federal Register / Vol. 62, No. 144 / Monday, July 28, 1997 / Proposed Rules 40329

subject to review by the Office of

Management and Budget under

Executive Order 12866.

References Cited

California Natural Diversity Data Base.

1995. An Electronic Data Base. Natural

Heritage Division. California Department of

Fish and Game. Sacramento, California.

Primack, R. 1993. Essentials of

Conservation Biology. Sinauer and

Associates, pp. 272–273.

Wiggins, I. 1940. Contributions to the

Dudley Herbarium 3:55–56.

Woodward and Clyde Biological

Consultants. 1992. Focused Biological

Surveys for Eight Target Species in Tulare

County. Unpub. rept. Appendix J–1.

Author

The primary author of this proposed

rule is Ken Fuller, U.S. Fish and

Wildlife Service, Sacramento Field

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

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 to

read as follows:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family Status When listed Critical

habitat

Special

rules Scientific name Common name

* * * * * * *

FLOWERING PLANTS

* * * * * * *

Sidalcea keckii ......... Keck’s checker-mallow.U.S.A. (CA) ............. Malvaceae—Mallow E .................... NA NA

* * * * * * *

Dated: July 3, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–19762 Filed 7–25–97; 8:45 am]

BILLING CODE 4310–55–P