41328 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules

The section 202 and 205 requirements

do not apply to today’s action because

it is not a ‘‘Federal mandate’’ and

because it does not impose annual costs

of $100 million or more.

Today’s rule contains no Federal

mandates for State, local or tribal

governments or the private sector for

two reasons. First, today’s action does

not impose new or additional

enforceable duties on any State, local or

tribal governments or the private sector

because the requirements of the West

Virginia program are already imposed

by the State and subject to State law.

Second, the Act also generally excludes

from the definition of a ‘‘Federal

mandate’’ duties that arise from

participation in a voluntary Federal

program. The State of West Virginia’s

participation in an authorized UST

program is voluntary.

Even if today’s rule did contain a

Federal mandate, this rule will not

result in annual expenditures of $100

million or more for State, local, and/or

tribal governments in the aggregate, or

the private sector. Costs to State, local

and/or tribal governments already exist

under the West Virginia program, and

today’s action does not impose any

additional obligations on regulated

entities. In fact, EPA’s approval of state

programs generally may reduce, not

increase, compliance costs for the

private sector.

The requirements of section 203 of

UMRA also do not apply to today’s

action. Before EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, section 203 of the UMRA

requires EPA to develop a small

government agency plan. This rule

contains no regulatory requirements that

might significantly or uniquely affect

small governments. The Agency

recognizes that although small

governments may own and/or operate

USTs, they are already subject to the

regulatory requirements under existing

State law which are being authorized by

EPA, and, thus, are not subject to any

additional significant or unique

requirements by virtue of this program

approval.

Certification Under the Regulatory

Flexibility Act

EPA has determined that this

authorization will not have a significant

economic impact on a substantial

number of small entities. Such small

entities which own and/or operate USTs

are already subject to the regulatory

requirements under existing State law

which are being authorized by EPA.

EPA’s authorization does not impose

any additional burdens on these small

entities. This is because EPA’s

authorization would simply result in an

administrative change, rather than a

change in the substantive requirements

imposed on these small entities.

Therefore, EPA provides the following

certification under the Regulatory

Flexibility Act, as amended by the

Small Business Regulatory Enforcement

Fairness Act.

Pursuant to the provision at 5 U.S.C.

605(b), I hereby certify that this

authorization will not have a significant

economic impact on a substantial

number of small entities. This

authorization approves regulatory

requirements under existing State law to

which small entities are already subject.

It does not impose any new burdens on

small entities. This rule, therefore, does

not require a regulatory flexibility

analysis.

Authority: This notice is issued under the

authority of section 9004 of the Resource

Conservation and Recovery Act as amended

42 U.S.C. 6991c.

List of Subjects in 40 CFR Part 281

Environmental protection,

Administrative practice and procedure,

Hazardous materials, State program

approval, Underground storage tanks.

Dated: July 24, 1997.

W. Michael McCabe,

Regional Administrator.

[FR Doc. 97–20178 Filed 7–31–97; 8:45 am]

BILLING CODE 6560–50–P

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.

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 checkermallow) 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
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules 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 fourrayed, 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 (pre1940) 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
41330 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules

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 surfacerunoff 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
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules 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
41332 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules

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 sitespecific 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
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules 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:

§ 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 oregana var.

calva.

Wenatchee Mountains

checker-mallow.

U.S.A. (WA) .................... Malvaceae ...................... E .................... NA NA

* * * * * * *

Dated: July 7, 1997

John G. Rogers

Acting Director, Fish and Wildlife Service

[FR Doc. 97–20368 Filed 7–31–97; 8:45 am]

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