50892 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Proposed Rules

For information regarding proper

filing procedures for comments, See 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–25593 Filed 9–26–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 387

[FHWA Docket No. FHWA–97–2923; FHWA

No. 97–11]

RIN 2125–AE06

Qualifications of Motor Carriers to SelfInsure Their Operations and Fees To

Support the Approval and Compliance

Process; Correction

AGENCY: Federal Highway

Administration (FHWA), DOT.

ACTION: Correction to advance notice of

proposed rulemaking (ANPRM) and

request for comments.

SUMMARY: This document corrects the

assigned FHWA docket number and the

address for submission of comments to

this ANPRM regarding standards to

approve motor carriers as self-insurers

which was published on Tuesday,

September 23, 1997, at 62 FR 49654 in

FR Doc. 97–24714. In addition, the

authority citation is provided for

issuance of the ANPRM.

DATES: This correction is effective

September 29, 1997. Comments to the

ANPRM must be received on or before

November 24, 1997.

ADDRESSES: Signed, written comments

should refer to FHWA Docket No.

FHWA–97–2923 and must be submitted

to the Docket Clerk, U.S. DOT Dockets,

Room PL–401, 400 Seventh Street, SW.,

Washington, DC 20590–0001. All

comments received will be available for

examination at the above address

between 10 a.m. and 5 p.m., e.t.,

Monday through Friday, except Federal

holidays. Those desiring notification of

receipt of comments must include a selfaddressed, stamped envelope or

postcard.

FOR FURTHER INFORMATION CONTACT: John

F. Grimm, Office of Motor Carriers,

(202) 366–4039, or Stanley M.

Braverman, Motor Carrier Law Division,

Office of the Chief Counsel, (202) 358–

7035, Federal Highway Administration,

400 Virginia Ave., SW., Suite 600,

Washington, DC 20024. Office hours are

from 7:45 a.m. to 4:15 p.m., e.t., Monday

through Friday except Federal holidays.

SUPPLEMENTARY INFORMATION: In FR Doc.

97–24714 which was published on

Tuesday, September 23, 1997, make the

following corrections:

On page 49654 in the first column, in

the heading of the document, change the

docket number to read as follows:

[FHWA Docket No. FHWA–97–2923].

On page 49654, the information under

the caption ADDRESSES should read as

set forth above in this correction

document.

The authority for publishing the

ANPRM and this correction for 49 CFR

Part 387 reads as follows:

Authority: 49 U.S.C. 13101, 13301, 13906,

14701, 31138, and 31139; and 49 CFR 1.48.

Issued on: September 24, 1997.

Edward V.A. Kussy,

Federal Highway Administration, Acting

Chief Counsel.

[FR Doc. 97–25763 Filed 9–26–97; 8:45 am]

BILLING CODE 4910–22–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 List the Northern Goshawk

in the Contiguous United States West

of the 100th Meridian

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding and initiation of status review.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding for a petition to list the northern

goshawk (Accipiter gentilis) in the

contiguous United States west of the

100th meridian under the Endangered

Species Act, as amended. Due to court

remands and the need to complete a

thorough status review on this

controversial species, the Service has

determined that the petition presents

substantial information indicating that

listing of the northern goshawk

(comprising portions of the subspecies

A.g. atricapillus and A.g. apache) as a

threatened or endangered species in the

contiguous United States west of the

100th meridian may be warranted. The

Service initiates a status review for the

northern goshawk and will prepare a 12-

month finding at the conclusion of the

review. Through issuance of this notice,

the Service is requesting additional

information regarding the subspecies

A.g. atricapillus and A.g. apache in the

western contiguous United States. The

Service vacates the previous finding for

the same petitioned action dated June 6,

1996.

DATES: Comments and materials related

to this petition finding must be received

on or before December 29, 1997.

ADDRESSES: Information, comments, or

questions concerning this petition may

be submitted to the Field Supervisor,

Arizona Ecological Services Field

Office, U.S. Fish and Wildlife Service,

2321 W. Royal Palm Rd., Suite 103,

Phoenix, Arizona 85021. The petition,

finding, supporting data, and comments

will be available for public inspection,

by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Sam

Spiller, Field Supervisor (see ADDRESSES

section) (telephone 602/640–2720).

SUPPLEMENTARY INFORMATION:

Background

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

Species Act of 1973, as amended (16

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

the Service make a finding on whether

a petition to list, delist, or reclassify a

species presents substantial scientific or

commercial information to indicate 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 (90-day

finding), and notice of the finding is to

be published promptly in the Federal

Register. If a finding is made that

substantial information was presented,

the Service is required to promptly

commence a status review of the species

involved and determine whether the

petitioned action is warranted.

On July 19, 1991, the Service received

a petition from Dr. Robin Silver, M.D.,

Maricopa Audubon Society, Phoenix,

Arizona (Silver et al. 1991), to list the

northern goshawk (Accipiter gentilis) as

an endangered species in Utah,

Colorado, New Mexico, and Arizona

with critical habitat. On September 26,

1991, a letter was received by the

Service from Mr. Charles Babbitt,

Maricopa Audubon Society, and a

coalition of conservation organizations

(Babbitt et al. 1991) requesting to amend

the petition already under consideration

by the Service. Co-sponsors of this

request to amend the previous petition

were the Arizona Audubon Council,

Southwest New Mexico Audubon

Society, Mesilla Valley Audubon

Society, Forest Guardians, Friends of

the Owls, Greater Gila Biodiversity

Project, HawkWatch, Rio Grande
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Proposed Rules 50893

Chapter of the Sierra Club, and

Southern Utah Wilderness Alliance. The

coalition requested expanding the

geographic region under consideration

to include the ‘‘forested west.’’ The

forested west was subsequently defined

as the forested United States west of the

100th meridian. Because the request to

amend the previous petition required

consideration of a listing action

substantially broader in scope than the

petition under review at that time, the

Service informed the coalition that their

request for an amendment would be

considered as a separate, new petition.

On January 7, 1992, the Service

published a finding that the first

petition (on the northern goshawk in

Utah, Colorado, New Mexico, and

Arizona) did not present substantial

information to indicate that the goshawk

in that petitioned region constituted a

listable entity (57 FR 546). However, the

Service concluded that the petition

presented substantial information

indicating that northern goshawk

population declines and loss or

modification of habitat may be

occurring. Therefore, the Service

announced in a separate Federal

Register notice (January 7, 1992; 57 FR

544) the initiation of a status review for

the northern goshawk throughout its

range in the United States. That status

review specifically solicited information

to be used in evaluation of the potential

for distinct population segments within

the range of the northern goshawk in

North America.

On June 25, 1992 (57 FR 28474), the

Service published a 90-day finding that

the petition did not present substantial

information to indicate that the northern

goshawk in the western United States

was a listable entity. The Service found

that the petition presented no evidence

of reproductive isolation or genetic

differentiation between the goshawk in

the west and the goshawk in the eastern

United States, and that goshawk habitat

was contiguous from the western United

States to the eastern United States

through Canada. The petitioners

subsequently filed a lawsuit to have the

finding set aside under the

Administrative Procedure Act. On

February 22, 1996, U.S. District Judge

Richard M. Bilby found the June 25,

1992, not substantial petition finding to

be arbitrary and capricious, and

remanded the finding to the Service for

a new 90-day determination and vacated

the previous finding.

On June 6, 1996 (61 FR 28834), the

Service published a notice vacating the

petition finding of June 25, 1992, and

published a new 90-day finding that the

petition to list the northern goshawk in

the western had not presented

substantial information that the

petitioned action may be warranted. The

Service determined that since the entity

petitioned for listing was comprised of

more than one subspecies it did not

meet the definition of a distinct

vertebrate population as defined in the

National Marine Fisheries Service and

Fish and Wildlife Service Final Policy

Regarding the Recognition of Distinct

Vertebrate Population Segments Under

the Endangered Species Act (DPS

policy; February 7, 1996; 61 FR 4722).

The petitioners subsequently filed a

lawsuit to have that finding set aside.

On June 6, 1997, Judge Bilby found the

June 6, 1996, finding to be arbitrary and

capricious, and remanded the finding to

the Service for another 90-day finding.

On August 19, 1997, Judge Bilby

clarified that the decision on remand

was to be made using the Service’s DPS

policy without the ‘‘one subspecies’’

rule the Service had relied on in making

its June 6, 1996, finding. In addition, on

August 22, 1997, the petitioners

amended their petition to seek listing of

northern goshawks west of the 100th

meridian in the contiguous 48 states.

The Service has determined that a

substantial 90-day finding on the

petition to list northern goshawks in the

contiguous United States west of the

100th meridian is appropriate at this

time in order to be responsive to the

court ordered remand and to allow for

a thorough status review of this species.

This notice serves to inform the public

of the Service’s new 90-day finding and

vacation of the Service’s June 6, 1996,

finding. This finding is based on various

documents, including published and

unpublished studies, agency files, field

survey records, and consultation with

Federal and state agency personnel and

other management and research

authorities. All documents on which

this finding is based are on file in the

Fish and Wildlife Service’s Arizona

Ecological Services Field Office (see

ADDRESSES section).

Northern Goshawk Taxonomy and

Distribution

The northern goshawk has a wide

distribution and occurs in forested

regions throughout the higher latitudes

of the northern hemisphere.

Approximately 12 subspecies have been

recognized, with seven to nine

occurring across northern Europe and

Asia (Gladkov 1941, Palmer 1988).

Three subspecies of northern goshawk

have been recognized in North America.

Queen Charlotte goshawk (A.g. laingi) is

located in coastal British Columbia and

southeastern Alaska and does not occur

within the petitioned area.

The population segment of the

northern goshawk under petition

includes portions of the ranges of A.g.

atricapillus, and A.g. apache. The most

widespread subspecies, A.g.

atricapillus, occurs from the

northeastern United States across the

boreal forests of Canada and Alaska, and

southward through the upland forests of

the western United States. The Apache

goshawk (A.g. apache) occurs in

montane areas in southern Arizona and

New Mexico, extending southward into

the Sierra Madre of Mexico (American

Ornithologists’ Union 1957, Hubbard

1978, Johnsgard 1990, Monson and

Phillips 1981, Palmer 1988, Phillips et

al. 1964, Reynolds et al. 1992, van

Rossem 1938, Wattel 1973, Webster

1988).

The taxonomic distinctness of A.g.

apache remains in debate. The

American Ornithologist’s Union (1957)

did not include A.g. apache in its last

listing of birds which included

subspecies. However, A.g. apache is

recognized by Brown and Amadon

(1968), Hubbard (1978 and 1992),

Hellmayer and Conover (1949),

Johnsgard (1990), Monson and Phillips

(1981), Phillips et al. (1964),

Stresemann and Amadon (1979), van

Rossem (1938), and Wattel (1973).

Mensural analysis of various size and

mass parameters conducted by Whaley

and White (1994) provide additional

support for the recognition of A.g.

apache.

The primary nesting habitat of the

goshawk is mature riparian, coniferous,

or deciduous forests with large and tall

trees (Crocker-Bedford and Chaney

1988, Fischer 1986, Hayward and

Escano 1989, Kennedy 1988, Marquiss

and Newton 1982, Moore and Henny

1983, Reynolds 1988, Reynolds et al.

1982, Reynolds et al. 1992, Saunders

1982, Schuster 1980). Some variation

exists in habitat used for breeding, but

even in atypical habitat, nest sites are

generally located in wooded areas with

the largest trees and greatest canopy

closure (Bond 1940, Bull and Hohmann

1994, Hall 1984, Hargis et al. 1994,

White et al. 1965, Woodbridge and

Detrich 1994). In the drier areas of the

west such as the Great Basin, goshawks

also nest in high-elevation shrubsteppe

habitat supporting small, highly

fragmented stands of mature aspen

(Populus tremuloides) (Younk and

Bechard 1994).

Goshawks display a high degree of

nest site fidelity, and are generally

nonmigratory or weakly migratory

(Johnsgard 1990, Kennedy 1989,

McGowan 1975, Palmer 1988, Reynolds

1988, Snyder 1995). Reynolds (1988)

believes the goshawk is more migratory
50894 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Proposed Rules

in the northern part of its range.

Seasonal movements have been

documented which appear to be along

north-south axes (Hoffman 1991,

Mueller and Berger 1967, Titus and

Fuller 1990), on elevational gradients

(Phillips et al. 1964), or in response to

food availability on breeding areas

during the winter (Squires and Reynolds

1997). Juvenile dispersal is generally

less than 40 kilometers (25 miles) from

the natal site (Anonymous 1990,

Marquiss and Newton 1982, McGowan

1975, Widen 1985). However, goshawks

are capable of moving very long

distances and occasionally do so,

especially subadults (Hoffman 1991).

The best information available suggests

that goshawks do not tend to make

significant movements for the purpose

of seeking new breeding sites. Migratory

or other seasonal movements, by

definition, typically do not provide for

mixing of individuals from diverse

geographic regions for reproductive

purposes.

Distinct Population Segment

Determination

A species that is in danger of

extinction throughout all or a significant

portion of its range may be declared an

endangered species under the Act. A

species that is likely to become an

endangered species in the foreseeable

future throughout all or a significant

portion of its range may be declared a

threatened species under the Act. The

term ‘‘species’’ is defined by the Act to

include ‘‘* * * subspecies * * * and

any distinct population segment of any

species of vertebrate fish or wildlife

which interbreeds when mature * * *’’

(16 U.S.C. 1532 (15)).

The Service’s decision on the issue of

whether a particular population

qualifies for listing under the Act is

governed by the Service’s DPS policy

which requires that the Service consider

(1) discreteness of the population

segment in relation to the remainder of

the species to which it belongs; (2) the

significance of the population segment

to the species to which it belongs; and

(3) the population segment’s

conservation status in relation to the

Act’s standards for listing.

For a listable entity, the information

submitted with and referenced in the

petition, and other available data, must

represent ‘‘substantial information.’’

This information must present both

adequate and reliable data on the status

of the species’ biological vulnerability

and the threats to the species and/or its

habitat, and which tends to show that

the petitioned action may be warranted.

The standard for substantial information

is stated at 50 CFR 424.14(b) as ‘‘that

amount of information that would lead

a reasonable person to believe that the

measure proposed in the petition may

be warranted.’’

Population Discreteness

Under the DPS policy the Service

must evaluate whether the northern

goshawk in the contiguous United

States west of the 100th meridian is a

discrete population segment based on

consideration whether—(1) It is

markedly separated from other

populations of the same taxon as a

consequence of physical, physiological,

ecological, or behavioral factors; or (2) It

is delimited by international

governmental boundaries within which

differences in control of exploitation,

management of habitat, conservation

status, or regulatory mechanisms exist

that are significant in light of Section

4(a)(1)(D) of the Act.

The goshawk and its habitat in the

United States are separable into two

broad regions—(1) the forested east,

including the Appalachian Mountains

and far northern reaches of the Great

Lakes region; and (2) the forested

highlands west of the 100th meridian

(Johnsgard 1990). The 100th meridian

bisects the United States, passing north

to south approximately through the

center of North and South Dakota,

Nebraska, Kansas, western Oklahoma,

and Texas. The intervening Great Plains

lack goshawk nesting habitat. However,

in Canada north of the Great Plains,

potential goshawk habitat is continuous

across the continent from east to west.

Eastern and western subspecies of the

‘‘American Goshawk’’ were once

recognized (Baird et al. 1874, cited in

Taverner 1940). This taxonomy was

recognized by Wolfe (1932), Dixon and

Dixon (1938), and Abbott (1941).

However, Taverner (1940) determined

that the plumage variations on which

these distinctions were made are related

to age, not geographic variation. The

degree of genetic interchange between

goshawks in eastern and western United

States is unknown, as is the degree of

interchange across western United

States between Canada and Mexico.

The range of the goshawk in the

contiguous United States west of the

100th meridian includes portions of two

identified subspecies and is bounded by

the ecological barrier of the Great Plains

to the east. Delimiting the northern

boundary of the population segment as

the United States-Canadian border, and

the southern boundary as the United

States-Mexico border, recognizes

differences in management of habitat,

control of exploitation, knowledge on

the status of the species, and existing

regulatory mechanisms across

international boundaries. For example,

the goshawks in the western United

States occurring on Federal lands are

managed under various United States

laws, such as the National Forest

Management Act (U. S. Forest Service),

the Federal Land Policy and

Management Act (Bureau of Land

Management), and the Organic Act

(National Park Service). While Canada

and Mexico also have laws governing

management of wildlife, the Service has

insufficient information to determine

whether there are differences that are

significant to the conservation of the

species. For these reasons, the Service

concludes that the available information

tends to support a finding that the 100th

meridian and the U.S. borders with

Canada and Mexico demarcate a

discrete population segment of

goshawks under the DPS policy. The

Service seeks further information for

purposes of making a 12-month finding

on this issue, including information on

the status of goshawks and relevant

management practices in Canada and

Mexico.

Population Significance

Under the DPS policy, the Service

must next evaluate whether the

northern goshawk in the lower 48 states

west of the 100th meridian is a

significant population segment. To do

so, the Service must consider whether—

(1) the population represents an

ecological situation unique for the

taxon; (2) whether the loss of the

population would result in a significant

gap in the range of the taxon; (3)

whether the population represents the

only surviving natural occurrence of a

taxon occurring elsewhere as an

introduced species; and/or (4) whether

the population differs markedly in its

genetic characteristics.

The Service has determined that the

population of northern goshawks in the

contiguous United States west of the

100th meridian constitutes a significant

portion of the goshawk’s range, and that

loss of goshawks in the petitioned area

would result in a significant gap in the

species’ range. Thus, the Service

determines that goshawks in the

contiguous United States west of the

100th meridian are significant in terms

of the Service’s DPS policy.

Population Status

The petition contends that goshawk

numbers are few and declining,

essential habitat is subject to

widespread present and threatened

destruction, and the existing regulatory

mechanisms for protection are

inadequate. In an overview prepared for

a northern goshawk symposium, Block
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Proposed Rules 50895

et al. (1994) reports that within the

previous five years evidence has arisen

which suggests that populations of

northern goshawks have declined,

particularly in the western United

States. Declines in goshawk nest site

occupancy and reproductive success

have been suggested in Arizona,

California, and Nevada (CrockerBedford 1990b; Reynolds et al. 1994

citing Herron et al. 1995 and Bloom et

al. 1980; Snyder 1995; Zinn and Tibbitts

1990), Idaho (Patla 1991), and New

Mexico (Kennedy 1989).

Keane and Morrison (1994) (citing

Reynolds et al. 1992, Reynolds 1987,

and Bloom et al. 1986) suggest that the

major threat to the goshawk is the loss

or degradation of mature forests used for

nesting and foraging, due to timber

harvesting and livestock grazing in some

areas. Snyder (1995 citing Marshall

1957) attributes a probable decrease in

goshawk carrying capacity to decreased

habitat quality as a result of fire

protection which has led to increased

thickets of young trees, fuel buildup,

and ultimately catastrophic wildfire that

destroys large areas of habitat.

There exists much debate regarding

the scientific validity and rigor of many

of the studies citing goshawk population

responses to forest management

activities. The Service has not fully

evaluated the scientific methods used in

the studies cited in this finding, nor

made determinations about the cause

and effect relationships of population

changes and the relationship of these

changes to the range-wide status of the

goshawk. The Service will do this

during preparation of the 12-month

finding.

The northern goshawk is known to

experience fluctuations in population

size, density, and nesting success,

presumably in response to natural

factors such as prey availability. Several

authors (Doyle and Smith 1994,

McGowan 1975, Mueller and Berger

1968, Snyder 1995, Widen 1985)

speculated that goshawk nest site

occupancy and seasonal movements

may be affected by fluctuations in prey

availability. Snyder (1995), studying the

conservation biology of the Apache

goshawk, found evidence to suggest

some declines in nesting goshawk

numbers over a ten year period on the

Coronado National Forest in Arizona.

However, Snyder was not able to

conclude if this is within normal,

expected variation in site occupancy

due in part to drought affecting prey

species. Additionally, past and potential

future conflicts between people and

birds is at issue due to close proximity

of goshawk nest sites and human

activity.

Timber extraction may significantly

alter forest structure and ecology. Many

studies have attempted to investigate

the implications of forest management

on goshawk populations. In Idaho, Patla

(1991) found nest site occupancy

dropped from 72 percent before timber

harvesting to 18 percent following

harvest. In Arizona, Crocker-Bedford

(1990b) found productivity was

associated with varying intensity of

timber harvest, with 2.0 nestlings/nest

in unharvested locales; 1.8 with 25

percent of acres harvested; 1.0 in areas

50 percent harvested; and 0.0 with 75

percent of acres harvested. Also in

Arizona, Bright-Smith and Mannan

(1994) found that timber harvest that

creates large areas with sparse tree cover

is potentially detrimental to goshawks.

In northern California, Woodbridge

and Detrich (1994) found that despite

intensive timber harvest and

fragmentation of mature forest, their

study area supported high densities of

nesting goshawks. However, goshawks

in this study were associated with the

larger remaining patches of mature

forest. Woodbridge and Detrich (1994)

theorized that prey found in open

habitat, in this case, the golden-mantled

ground squirrel (Spermophilus

lateralis), may offset losses of prey

species associated with mature forest.

Hargis et al. (1994) found in the Inyo

National Forest of northern California,

that goshawks nested in stands that

were substantially more open than those

used in other geographic areas.

Goshawks in this study selected stands

that were denser than the average

available, both for nesting and foraging.

In addition, Hargis et al. (1994) found

that all goshawk territories associated

with timber sales were active for

approximately two-thirds of the years

since the harvests, based on nesting

records, over a period of 14 years.

The results of a population viability

analysis conducted by the Arizona

Game and Fish Department in 1992 for

the goshawk on the Kaibab National

Forest, North Kaibab Ranger District,

Arizona, could not conclude that the

population was stable, increasing, or

decreasing (Maguire 1993). Kennedy

(1997) concluded that there was no

evidence to support the hypothesis that

goshawk populations are declining. A

panel with members from The Wildlife

Society and American Ornithologist’s

Union found no evidence to indicate

that northern goshawk populations are

declining, threatened, or endangered in

the southwest or anywhere within its

range (Braum et al. 1996). However, the

panel recognized a need to conduct

additional research of goshawk

demographics and additional inventory

and monitoring of goshawk populations

(Braum et al. 1996).

Presently, the northern goshawk is

regarded as a management indicator

species of specific habitat conditions in

many regions of the U.S. Forest Service

and is a Forest Service Sensitive Species

within the Rocky Mountain,

Intermountain, Southwest and Pacific

Southwest Regions (Block et al. 1994;

Squires and Reynolds 1997). The

goshawk is not afforded sensitive status

in the Pacific Northwest Region.

The Southwest Region of the Forest

Service (National Forests in the states of

Arizona and New Mexico) issued

interim guidelines for the management

of the goshawk in June 1992. These

interim guidelines adopted the

Management Recommendations for the

Northern Goshawk in the Southwestern

United States (Reynolds et al. 1992).

Permanent guidelines were added to the

Forest Service Directives System as a

Regional Supplement in June, 1995

(U.S. Forest Service 1995), and the

Southwestern Region of the Forest

Service adopted Reynolds et al. (1992)

in their Forest Plan Amendments in

1996 (U.S. Forest Service 1996).

Management strategies for the goshawk

in the Upper Columbia River Basin,

including Idaho and portions of

neighboring states, have been developed

(Patla et al. 1995). The Northwest Forest

Plan has established late successional

reserves throughout the range of the

northern spotted owl (Strix occidentalis

caurina) in Oregon and Washington.

The success of these and other strategies

in the western United States will be

evaluated during the status review and

as the 12-month finding is prepared.

Because the court ordered the

previous not substantial 90-day finding

remanded and current literature offers

conflicting views of goshawk population

trends and threats facing goshawks in

the contiguous United States west of the

100th meridian, the Service has

determined that a status review is

necessary to examine whether the

northern goshawk warrants listing.

Current literature presents contradicting

views on the purported decline of

goshawks. Threats to the goshawk’s

habitat and the effects of those threats

also must be analyzed before the Service

can issue a determination regarding the

status of goshawks in the western

contiguous United States. Current data

need to be scrutinized to determine

goshawk population trends and

subspecies (A. gentilis apache) validity.

After a review of the petition, the

references cited, and information

otherwise available to the Service, the

Service finds that, on the basis of the

best scientific and commercial
50896 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Proposed Rules

information available, the petition

presented substantial information that

listing A. gentilis in the contiguous

United States west of the 100th

meridian as a threatened or endangered

species may be warranted. The Service

determines that, although significant

disagreement may exist as to the status

of this species, the petition presents

substantial information that indicates

northern goshawks in the petitioned

region may be declining in response to

habitat loss and modification, and lack

of existing regulatory mechanisms.

Upon completion of a thorough status

review, a 12-month finding will be

made to determine whether listing is

warranted for the northern goshawk in

the western contiguous United States.

The Service seeks any additional data,

information, or comments from the

public, other concerned government

agencies, the scientific community,

industry, or any other interested party

concerning the status of A.g. atricapillus

and A.g. apache. The Service is

interested in information from

throughout the subspecies’ ranges in the

United States, Canada, and Mexico. The

following issues are of particular

interest to the Service—

1. The genetic, morphological, and

ecological differences, including

variations or intergradation of A.g.

atricapillus and A.g. apache within

their range;

2. Data on historic and current

population trends and dynamics, and

documented or suspected influencing

factors which may assist in determining

population trends;

3. Reproduction trends and

documented or suspected influencing

factors;

4. Trends in loss, modification, and

recovery of forested habitat of the two

subspecies, and the extent and affect of

habitat conversion and fragmentation on

goshawks and their prey;

5. Taxonomic clarification of North

American goshawk subspecies;

6. Migration and dispersal; and

7. Information on the status of the

goshawk in Canada and Mexico, as well

as information on its management and

relevant regulatory mechanisms.

References Cited

A complete list of all references cited

herein is available on request from the

Field Supervisor, Arizona Ecological

Services Field Office, (see ADDRESSES

section).

Authors

The primary authors of this document

are Michele James and Bruce K. Palmer,

of the Arizona Ecological Services Field

Office, (see ADDRESSEES section).

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1531

et seq.).

Dated: September 22, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–25695 Filed 9–26–97; 8:45 am]

BILLING CODE 4310–55–P

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.

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 wedgeshaped with three lobes at the ends. The

central disk of the flower is nearly ballshaped. 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.