30368 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

telecommunications devices for deaf

persons (TDDs), readers, taped texts,

brailled materials, or large print

materials and/or a magnifying device),

please contact Tami Levitas.

Since Section 14 of the TREAD Act

charged NHTSA with ‘‘Improving the

safety of child restraints,’’ this is the

first of several Federal Register notices

to be published that will advise of

public meetings, request for comments,

and/or advise of notice of proposed

rulemaking on topics such as child seat

labeling, child restraint ratings system,

and booster seat study.

I’ve Submitted Comments Before Under

Similar Topics, What About Those

Comments?

Amendments to comments received

under Request for Comments ‘‘Child

Restraint System Safety Plan’’ published

in the November 27, 2000, Docket

Number NHTSA–7938, Federal Register

are also welcomed.

How Do I Prepare and Submit

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comments are correctly filed in the

Docket, please include the Docket

Number of this document (NHTSA–01–

9785) in your comments. Submit all

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Management at the above address.

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Information?

If you wish to submit any information

under a claim of confidentiality, send

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you claim to be confidential business

information, to the Chief Counsel, NCC–

01, National Highway Traffic Safety

Administration, Room 5219, 400

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In addition, send two copies from

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confidential business information to

Docket Management, Room PL–401, 400

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Will the Agency Consider Late

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In our response, we will consider all

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Please note that even after the

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periodically check the Docket for new

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Submitted by Other People?

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visiting Docket Management in person

at Room PL–401, 400 Seventh Street,

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Authority: 49 U.S.C. 30111, 30117, 30168;

delegation of authority at 49 CFR 1.50 and

501.8.

Marilena Amoni,

Acting Associate Administrator for Traffic

Safety Programs.

[FR Doc. 01–14284 Filed 6–5–01; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12-Month Finding for a

Petition To List the Plant Botrychium

lineare (Slender Moonwort) as

Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 12-month petition

finding.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), announce a

12-month finding for a petition to list

Botrychium lineare (slender moonwort)

as threatened under the Endangered

Species Act of 1973, as amended (Act).

After reviewing all available scientific

and commercial information, we have

determined that listing this species is

warranted but precluded by other higher

priority actions.

This decision is based on the number,

variety, and significance of threats

affecting the species. Botrychium lineare

is currently known from a total of nine

populations in Colorado, Montana,

Oregon, and Washington. Various

populations of this taxon are threatened

by a variety of factors including: habitat

destruction and fragmentation from road

construction and maintenance,

including herbicide spraying,

recreational activities, grazing and

trampling by wildlife and livestock,

development, timber harvest, and

competition from non-native plant

species. Upon publication of this notice

of 12-month petition finding,

Botrychium lineare will be added to our

candidate species list.

DATES: The finding announced in this

document was made on March 9, 2001.

Comments and information may be

submitted until further notice.

ADDRESSES: You may submit data,

information, comments, or questions

concerning this finding to the

Supervisor, U.S. Fish and Wildlife

Service, Snake River Basin Office, 1387

S. Vinnell Way, Room 368, Boise, Idaho

83709. You may inspect the petition

finding, supporting data, and comments

by appointment during normal business

hours at the Snake River Basin Office.

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor (see

ADDRESSES section) (telephone 208/378–

5243; facsimile 208/378–5262).

SUPPLEMENTARY INFORMATION:

Background

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

Species Act of 1973, as amended (Act)

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

for any petition to revise the List of

Threatened and Endangered Species

containing substantial scientific and

commercial information that listing may

be warranted, we make a finding within

12 months of the date of the receipt of

the petition on whether the petitioned

actions is—(i) not warranted, (ii)

warranted, or (iii) warranted but

precluded from immediate proposal by

other higher priority efforts to revise the

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30369

List of Threatened and Endangered

Species. Section 4(b)(3)(C) requires that

petitions for which requested action is

found to be warranted but precluded

should be treated as though resubmitted

on the date of such finding, i.e.,

requiring a subsequent finding to be

made within 12 months. Such 12-month

findings are to be published promptly in

the Federal Register.

On July 28, 1999, we received a

petition dated July 26, 1999, from the

Biodiversity Legal Foundation. The

petitioner requested us to list

Botrychium lineare as endangered or

threatened and to designate critical

habitat within a reasonable period of

time following the listing. The

petitioner submitted biological,

distributional, historical, and other

information and scientific references in

support of the petition.

On May 10, 2000 (65 FR 30048), we

published a 90-day petition finding

concluding that the petition presented

substantial information indicating that

the requested action may be warranted.

Accordingly, we initiated a status

review pursuant to section 4(b)(3)(B) on

the petitioned action.

We have reviewed the petition, and

based on the best scientific and

commercial information available, we

believe that sufficient information is

currently available to support a finding

that listing Botrychium lineare as

threatened is warranted, but that a

proposed rule at this time is precluded

by work on other higher priority listing

actions.

Section 4(b) of the Act states that we

may make warranted but precluded

findings only if we find that (1) an

immediate proposed rule is precluded

by other pending actions, and (2)

expeditious progress is being made on

other listing actions. Due to the large

amount of litigation we face, primarily

over critical habitat, we are working on

numerous listing actions mandated by

court orders and settlement agreements.

Complying with these orders and

settlement agreements will consume

nearly all or all of our listing budget for

FY 2001. Any funding we may have

available for discretionary listing

actions will likely be allocated for

emergency listings only. However, we

can continue to place species on the

candidate species list (Jamie Clark,

Service, in litt. 2000).

Biology and Ecology

A member of the adder’s-tongue

family (Ophioglossaceae), Botrychium

lineare is a small perennial fern with a

pale green leaf (trophophore) from 6 to

18 centimeters (2 to 7 inches) long. Leaf

segments are typically linear and

divided or forked at the ends. The

sporophore (spore-bearing structure) is 1

to 2 times the length of the trophophore

with a single main axis. Both the

sporophore and the trophophore arise

from an erect subterranean stem. Spores

mature primarily in late June and July.

Similar to other Botrychium species, the

tiny, lightweight spores may be

disseminated by wind, water, or

possibly by animal vectors (Zika et al.

1995).

Surveys and field identification of

moonworts are complicated by their

biology. The plants are small, difficult

to find, and are usually scarce. They

cannot be positively identified in their

immature states. Fronds may appear

above ground during some growing

seasons, or may not appear at all during

unfavorable seasons (Vanderhorst 1997).

Botrychium lineare was initially

described in 1994 and is considered to

be one of the more distinctive of the

moonworts (Wagner and Wagner 1994).

The nearest relative of B. lineare is

thought to be B. campestre, a

widespread species that is typically

found at lower elevations (Wagner and

Wagner 1994). Recent genetic studies

have shown that although B. lineare is

closely related to B. campestre, it is a

distinct taxon (Farrar 2000). The B.

lineare populations in Colorado,

Oregon, Montana, and Washington are

all genetically distinct from one another,

which suggests a long period of

isolation that is consistent with truly

rare species (Donald Farrar, Iowa State

University, in litt. 2000).

In the United States, Botrychium

lineare is currently known from a total

of nine populations: three in Colorado

(El Paso and Lake counties), two in

Oregon (Wallowa County), three in

Montana (Glacier County), and one in

Washington (Ferry County). In addition

to the nine currently known B. lineare

populations, there are four historic B.

lineare population sites in the United

States and two in Canada. Populations

previously known from Idaho

(Boundary County), Montana (Lake

County), California (Fresno County),

Colorado (Boulder County), and Canada

(Quebec and New Brunswick), have not

been seen for at least 20 years and may

be extirpated (Wagner and Wagner

1994). The 90-day petition finding for

this species (65 FR 30048) mentions a

population previously known from Inyo

County, California. However, we believe

that the information regarding the

location of this population (as published

in Wagner and Wagner 1994) is

incorrect, and that this site is probably

in Fresno, not Inyo, County (Tim

Thomas, Service, pers. comm. 1999).

The total number of individuals for all

9 occupied sites is about 190 (Edna ReyVizgirdas, Service, in litt. 2000).

However, this number should be viewed

as an estimate since Botrychium species

do not always come up every year and

exist below ground for most of their life

cycle. Populations range in size from 2

to 100 individuals (E. Rey-Vizgirdas, in

litt. 2000). Only 3 populations contain

more than 15 individuals. Of the three

largest populations, two are found in

Montana (Glacier National Park and

Blackfeet Indian Reservation) and one

occurs in Colorado (Pikes-San Isabel

National Forest). Of the remaining six B.

lineare populations, four occur on

Federal land, including the Pike-San

Isabel National Forest (Colorado),

Glacier National Park (Montana),

Wallowa-Whitman National Forest

(Oregon), and Colville National Forest

(Washington). One population occurs on

private land in Lostine Canyon, Oregon,

which is a private inholding within the

Wallowa-Whitman National Forest. The

B. lineare site in Lake County, Colorado,

is currently only known from a

herbarium specimen consisting of two

B. lineare plants collected in 1992 at

approximately 3,243 meters (m) (10,640

feet (ft)) near Leadville, Colorado. This

specimen was previously misidentified

as B. minganense (Toby Spribille,

Kootenai National Forest, in litt. 2000).

No B. lineare plants were found at this

site when it was surveyed in August

2000 (T. Spribille, in litt. 2000).

All Botrychium species are believed

to be obligately dependent on

mycorrhizal fungi (the symbiotic

association of a fungus with the roots of

a vascular plant) throughout their life

cycle. A fungal associate is present

within the plant at the earliest stages of

development, and there are no reports of

successful completion of the

Botrychium’s life cycle without

mycorrhizal fungi. Very little

information exists regarding the

specificity or habitat requirements of the

mycorrhizal fungi that are associated

with moonworts (Vanderhorst 1997).

Similar to orchids, Botrychium species

can remain dormant for 1 or more years,

and cannot be identified with certainty

in their immature stages. The ecology of

moonworts and their vulnerability to

management activities such as

prescribed fire are not well understood

(Zika et al. 1995; Vanderhorst 1997).

The habitat for Botrychium lineare

has been described as ‘‘deep grass and

forbs of meadows, under trees in woods,

and on shelves on limestone cliffs,

mainly at higher elevations’ (Wagner

and Wagner 1994), but they also state

that to describe a typical habitat for this

species would be problematic since the

30370 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

known sites are so different. A specific

habitat description for the species is

difficult because of its current and

historically disjunct distribution ranging

from sea level in Quebec to nearly 3,000

m (9,840 ft) in Boulder County,

Colorado. Botrychium spores are small

and lightweight enough to be carried by

air currents. This dispersal mechanism

may explain the broad and often

disjunct distribution patterns exhibited

by moonworts (Vanderhorst 1997).

This species is found in a variety of

montane forest or meadow habitats.

Three of the known Montana

Botrychium lineare populations occur

on roadsides in early seral habitat (i.e.,

open habitat dominated by low-growing

forbs (herbs) rather than shrubs or trees)

(T. Spribille, in litt. 2000). Other B.

lineare sites occur in grass-to forbdominated openings in forests

characterized by cone-bearing trees such

as pine, spruce, and fir species (Paula

Brooks, Wallowa-Whitman National

Forest, in litt. 2000). At these occupied

sites, B. lineare occurs with numerous

associated species including Fragaria

virginiana (strawberry), Antennaria spp.

(pussy-toes), Galium boreale (northern

bedstraw), Potentilla spp. (cinquefoil),

Symphoricarpos albus (snowberry),

Vaccinium spp. (huckleberry),

Calamagrostis spp. (reedgrass), Festuca

spp. (fescue), Picea engelmannii

(Engelmann spruce), Thuja plicata

(western red cedar), Pseudotsuga

menziesii (Douglas-fir), Pinus ponderosa

(ponderosa pine), Pinus contorta

(lodgepole pine), and Populus

tremuloides (aspen) (Steve Tapia, PikeSan Isabel National Forest, in litt. 2000;

Kathleen Ahlenslager, Colville National

Forest, in litt. 2000; E. Rey-Vizgirdas,

pers. obs., 2000). Other Botrychium

species, including B. ascendens

(upward-lobed moonwort), B.

crenulatum (wavy moonwort), B.

minganense (Mingan Island moonwort),

B. lunaria (common moonwort), and B.

montanum (mountain moonwort), may

also occur within or near habitat

occupied by B. lineare. It is common for

several Botrychium species to occur

together in what has been called ‘‘genus

communities’’ by researchers, a

sympatric pattern of distribution which

is unexplained (Vanderhorst 1997).

Summary of Factors Affecting the

Species

Section 4 of the Act and regulations

(50 CFR part 424) promulgated to

implement the listing provisions of the

Act set forth the procedures for adding

species to the Federal lists. A species

may be determined to be an endangered

or threatened species due to one or more

of the five factors described in section

4(a)(1). These factors and their

application to Botrychium lineare are as

follows:

A. The present or threatened

destruction, modification, or

curtailment of its habitat or range.

Botrychium lineare is threatened by

impacts associated with recreational

activities. For example, since the

Hurricane Creek B. lineare site

(Wallowa-Whitman National Forest) is

adjacent to a popular hiking and pack

trail, it may be affected by recreational

impacts such as trampling or campfires.

This site has been used for camping

since it is relatively flat and close to the

trailhead, and campfire rings were

observed in the area (P. Brooks, pers.

comm. 2000). The Hurricane Creek B.

lineare population may also be

threatened by livestock trampling (i.e.,

by pack animals), erosion, and exotic

weeds (Oregon Natural Heritage

Program 1999). The Lostine Canyon site,

which occurs on a private inholding

within the Wallowa-Whitman National

Forest, is potentially threatened by

development, timber harvest, and

recreational activities (P. Brooks, pers.

comm. 2000).

Two Botrychium lineare sites, one in

Glacier National Park and one on the

Blackfeet Indian Reservation in

Montana, are located on roadsides

where they may be affected by road

maintenance activities, herbicide

spraying, mowing, or by vehicles that

pull off the road to look at wildlife (T.

Spribille, in litt. 2000; Tara Williams,

Glacier National Park, in litt. 2000).

Although such activities are ongoing

and have likely affected these sites in

the past, the degree of disturbance and

the timing of these activities may affect

the survival and reproduction of this

species. For example, road maintenance

activities that occur prior to spore

maturation and dispersal could

adversely affect the reproduction of B.

lineare. Herbicide spraying recently

conducted along the road where B.

lineare occurs on the Blackfeet Indian

Reservation killed much of the roadside

vegetation (Mary Weatherwax, Blackfeet

Environmental Office, pers. comm.

2000). This site is the largest known B.

lineare population and contains 100

plants (T. Spribille, in litt. 2000). The

effects of this spraying on B. lineare are

currently unknown. Future surveys

should provide more information on the

status of this population. The residual

effect of herbicide spraying on B. lineare

is unknown. Some herbicides are

known to be resident in the soil for long

periods of time, affecting the plants that

persist there (65 FR 7339).

The Botrychium lineare site in Lake

County, Colorado (near Leadville) is

apparently located within a Superfund

site (T. Spribille, in litt. 2000). This site

is currently threatened by activities and

associated disturbance related to the

construction of a concrete conduit. An

asphalt bike path through the upper

portion of the site was completed in July

2000, and major construction and

excavation to install the concrete

conduit was observed in August 2000.

Although other Botrychium species,

including B. lunaria and B. minganense,

were found at this site, no B. lineare

plants were observed despite intensive

surveys conducted in August 2000 (T.

Spribille, in litt. 2000).

Of the two Botrychium lineare

populations on the Pike-San Isabel

National Forest (Colorado), the larger

population (based on number of

individuals) occurs in a meadow with a

utility pole (power line) approximately

30 m (100 ft) from the Pikes Peak toll

road. Maintenance of this power line

could potentially threaten the B. lineare

population, but such maintenance

would have to be coordinated with

Forest staff (S. Tapia, in litt. 2000).

Although the toll road itself is heavily

used, the B. lineare site is located along

the lower half of the road and receives

little recreational use (S. Tapia, pers.

comm. 1999).

Habitat succession and fire

suppression may threaten Botrychium

lineare. However, the relationship of

habitat succession and fire suppression

to the persistence of B. lineare is

unclear. For example, in a biological

assessment for sensitive plants in the

Lostine River canyon, a U.S. Forest

Service (Forest Service) botanist notes

that ‘‘Botrychium species seem to be

found in areas that receive natural

disturbances such as fire and landslides

but we are not yet able to predict what

disturbance interval or successional

stage best suits them’’ (Hustafa 1999).

Controlled (prescribed) fires or wildfires

could also affect habitat for B. lineare,

but the response of this species to fire

is not currently known. In some cases,

wildfires or controlled fires create high

ground temperatures which may

sterilize the soil and eliminate fungal

species that are necessary for the

survival of moonworts (Zika 1992). We

are not aware of any plans to implement

controlled burning programs in B.

lineare habitat at this time.

B. Overutilization for commercial,

recreational, scientific, or educational

purposes. The plant is not a source for

human food, nor is it currently of

commercial horticulture interest.

Therefore, overutilization is not

considered to be a threat to this species

at the present time.

Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules 30371

C. Disease or predation. While disease

is not currently known to be a threat to

Botrychium lineare, populations may be

affected by grazing by livestock or

wildlife. The specific effects of grazing

on the species are unknown, although if

grazing by livestock or wildlife species

occurs prior to the maturation and

release of spores, the capacity for sexual

reproduction of affected plants may be

compromised. For example, the

proximity of both B. lineare populations

in Oregon to trails and developed

recreation sites could result in grazing

by horses or other domestic animals.

One B. lineare site (on the Colville

National Forest) occurs within a grazing

allotment but is fenced to exclude

livestock (K. Ahlenslager, in litt. 2000).

Although open range grazing is common

on the Blackfeet Indian Reservation, the

B. lineare population on the Reservation

appeared to be ungrazed when it was

discovered in July 2000 by a Forest

Service botanist (T. Spribille, in litt.

2000). Botrychium lineare has not been

observed in areas with obvious

disturbance by livestock (K.

Ahlenslager, in litt. 2000; T. Spribille, in

litt. 2000).

D. The inadequacy of existing

regulatory mechanisms. Botrychium

lineare is considered a sensitive species

in Regions 2, 5, and 6 of the Forest

Service, which include extant and

historical B. lineare sites found in

Colorado, Oregon, Washington, and

California (Forest Service 1999, 2000;

Joanna Clines, Sierra National Forest, in

litt. 2000). The Forest Service has

regulations that address the need to

protect these sensitive species, as well

as candidate, and federally listed

species (e.g., the National Forest

Management Act). Forest Service

Regions 1 and 4, which include extant

and historical sites found in Montana

and Idaho, do not have B. lineare on

their regional sensitive species lists

(Teresa Prendusi, Forest Service, in litt.

2000; Steve Shelly, Forest Service, in

litt. 2000); the species in these regions,

therefore, is not given any special

consideration. However, the Forest

Service does prohibit the collection of

any native plants without a permit on

Forest Service lands. Botrychium lineare

is not on Canada’s list of threatened or

vulnerable species, so there is no special

protection for this species in Canada

(Canadian Wildlife Service 2000).

Monitoring of some (but not all)

Botrychium lineare populations on

Federal lands has been initiated.

Monitoring helps to identify threats and

management actions that may be

necessary to control habitat degradation

and protect the species. Only one site,

which occurs on the Colville National

Forest, has been fenced to protect the

species from livestock grazing.

However, some of the B. lineare sites on

Federal lands are threatened by exotic

weeds, herbicide spraying, trampling,

and road construction and maintenance

(see Factors A and E for additional

information).

The National Park Service (Park

Service) has policies to promote the

conservation of federally listed or

candidate species and other rare or

sensitive species within park

boundaries (T. Williams, in litt. 2000).

However, as discussed previously, the

two Botrychium lineare sites in Glacier

National Park are located on roadsides

where they may be subject to road

maintenance activities or potential

damage from vehicles. Therefore, longterm protection of these sites may be

difficult due to their location (i.e.,

adjacent to roads, which are potentially

a source of recurring disturbance).

Although Botrychium lineare is

considered to be rare and imperiled by

the State natural heritage programs in

Colorado, Montana, Oregon, and

Washington, the State heritage program

rankings are not legal designations and

do not confer State regulatory protection

to this species.

E. Other natural or manmade factors

affecting its continued existence. Nonnative plant species may threaten

habitat occupied by Botrychium lineare.

Exotic species have been observed in

the vicinity of B. lineare populations in

Colorado (S. Tapia, in litt. 2000),

Montana (T. Spribille, in litt. 2000),

Oregon (Oregon Natural Heritage

Program 1999), and Washington (K.

Ahlenslager, in litt. 2000). Non-native

plant species can compete with native

plant species for resources such as

space, nutrients, and water, and can

replace them. As a result, the effects of

non-native species may be especially

serious for native taxa that have

extremely small population sizes, such

as B. lineare.

The amount of habitat occupied by

Botrychium lineare is extremely small.

Total habitat size for all extant sites,

except for the Leadville and one Pikes

Peak, Colorado, site, is approximately

1.15 hectares (ha) (2.85 acres (ac)), and

nearly all of the sites are smaller than

465 square meters (5000 square feet).

The B. lineare plants at the smaller

Pikes Peak site have not been located in

the last few years, and only two plants

were previously known, so the actual

amount of occupied habitat is likely to

be extremely small. No B. lineare plants

were found at the Leadville site in 2000,

so it is not possible to estimate the

amount of occupied habitat. Of the two

B. lineare sites in Oregon, the Lostine

Canyon site occupies an area of

approximately 10 × 10 m (30 × 30 ft)

(Wagner and Wagner 1994), and the

Hurricane Creek site is found in an area

up to 1 ha (2.5 ac) in size (Oregon

Natural Heritage Program 1999). The

site in Washington (on the Colville

National Forest) occupies an area of

approximately 15 × 30 m (50 × 100 ft)

(K. Ahlenslager, in litt. 2000). The larger

of the two B. lineare populations on the

Pike-San Isabel National Forest occupies

an area of approximately 35 × 10 m (115

× 30 ft) (Carpenter 1996a, 1996b;

Colorado Natural Heritage Program

1999). Botrychium lineare populations

range in size from 2 to 100 plants, with

only 3 populations supporting more

than 15 individuals.

The small size of existing Botrychium

lineare populations makes this species

vulnerable to extirpation due to random

naturally occurring events. A single

random event could extirpate a

substantial portion or all of the

individuals at a given site. Also,

changes in gene frequencies within

small, isolated populations can lead to

a loss of genetic variability and a

reduced likelihood of long-term

viability (Franklin 1980; Soule ́ 1980;

Lande and Barrowclough 1987).

We have carefully assessed the best

scientific and commercial information

available regarding the past, present,

and future threats faced by the species.

Only nine populations of Botrychium

lineare are known to exist, and the small

amount of occupied habitat and few

individuals, combined with ongoing

threats, make this species vulnerable to

extinction. All of the remaining sites

that support B. lineare are small and

fragmented, and the various sites are

vulnerable to impacts from factors

including herbicide use, recreational

activities, competition from non-native

vegetation, road construction and

maintenance, development, timber

harvest, and incidental loss from

trampling or grazing by wildlife or

livestock. Also, all of these populations

are particularly susceptible to extinction

from random events because of their

extremely small size. Existing regulatory

mechanisms are inadequate to protect

this taxon.

We conclude that the overall

magnitude of threats to Botrychium

lineare throughout its range is moderate

and the overall immediacy of these

threats is non-imminent. Botrychium

lineare is considered a species without

subspecies classification. Pursuant to

our Listing Priority Guidance (48 FR

43098), a species for which threats are

moderate and non-imminent is assigned

a Listing Priority Number of 11. While

we conclude that listing of Botrychium

30372 Federal Register / Vol. 66, No. 109 / Wednesday, June 6, 2001 / Proposed Rules

lineare is warranted, an immediate

proposal to list is precluded by other

higher priority listing actions. During

fiscal year 2001, we must spend nearly

all of our Listing Program funding to

comply with court orders and judicially

approved settlement agreements, which

are now our highest priority actions.

Botrychium lineare will be added to the

list of candidate species upon

publication of this notice of 12-month

finding. We will continue to monitor the

status of the slender moonwort and

other candidate species. Should an

emergency situation develop with one

or more of these species, we will act to

provide immediate protection, if

warranted.

References Cited

A complete list of all references cited

herein, as well as others, is available

upon request from the Snake River

Basin Office (see ADDRESSES section).

Author(s)

The primary authors of this document

are Edna Rey-Vizgirdas, U.S. Fish and

Wildlife Service, Snake River Basin

Office (see ADDRESSES section), and

Barbara Behan, U.S. Fish and Wildlife

Service, Regional Office, 911 N.E. 11th

Avenue, Portland, Oregon 97232.

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq.).

Dated: March 9, 2001.

Marshall P. Jones, Jr.,

Acting Director, U.S. Fish and Wildlife

Service.

[FR Doc. 01–14170 Filed 6–5–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG99

Endangered and Threatened Wildlife

and Plants; Proposed Determination of

Critical Habitat for the O‘ahu ‘Elepaio

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: We, the U. S. Fish and

Wildlife Service (Service), propose

designation of critical habitat for the

O‘ahu ‘elepaio, a bird, pursuant to the

Endangered Species Act of 1973, as

amended (Act). The proposed critical

habitat consists of five units whose

boundaries encompass a total area of

approximately 26,853 hectares (ha)

(66,354 acres (ac)) on the island of

O‘ahu, Hawai‘i.

Critical habitat identifies specific

areas, both occupied and unoccupied,

that are essential to the conservation of

a listed species and that may require

special management considerations or

protection. The primary constituent

elements for the O‘ahu ‘elepaio are

those habitat components that are

essential for the primary biological

needs of foraging, nesting, rearing of

young, intra-specific communication,

roosting, dispersal, genetic exchange, or

sheltering. All areas proposed as critical

habitat for the O‘ahu ‘elepaio contain

one or more of the primary constituent

elements.

We solicit data and comments from

the public on all aspects of this

proposal, including data on economic

and other impacts. We may revise this

proposal to incorporate or address new

information received during the

comment period.

DATES:

Comments

We will consider comments from all

interested parties received by August 6,

2001.

Public Hearings

Requests for public hearing must be

received by July 23, 2001.

ADDRESSES:

Comments

Send written comments on this

proposed rule to Paul Henson, Field

Supervisor, Pacific Islands Fish and

Wildlife Office, U.S. Fish and Wildlife

Service, 300 Ala Moana Boulevard,

Room 3–122, Box 50088, Honolulu,

Hawai‘i 96850.

Availability of Documents

Supporting documentation and

references used in the preparation of

this proposed rule and all comments

and materials received will be available

for public inspection, by appointment,

during normal business hours in the

Pacific Islands Fish and Wildlife Office

in Honolulu at the above address.

FOR FURTHER INFORMATION CONTACT: Paul

Henson, Field Supervisor, or Eric

VanderWerf, Biologist, U.S. Fish and

Wildlife Service at the above address

(telephone: 808/541–3441; facsimile:

808/541–3470).

SUPPLEMENTARY INFORMATION:

Background

The Hawaiian archipelago consists of

eight main islands and the numerous

shoals and atolls of the northwestern

Hawaiian Islands. The islands were

formed sequentially by basaltic lava that

emerged from a hot spot in the earth’s

crust located near the current

southeastern coast of the island of

Hawai‘i (Stearns 1985). O‘ahu, the third

oldest main island, is 2.5 million to 3.5

million years old and is heavily

weathered. O‘ahu has two principal

mountain ranges, the Ko‘olau and the

Wai‘anae Mountains, separated by a

gently sloping plateau. The Ko‘olau

Mountains extend 60 kilometers (km)

(37 miles (mi)) from northwest to

southeast along the eastern half of the

island. The windward (northeastern)

slope of these mountains is

characterized by steep cliffs and short

ridges less than 6 km (4 mi) long. The

leeward (southwestern) slope is

characterized by parallel ridges as long

as 18 km (11 mi), alternating with steepsided stream valleys. The peak elevation

in the Ko‘olau Mountains occurs at Pu‘u

Ko ̃na ̄hua-nui (955 meters (m); 3,105 feet

(ft)). The drier Wai‘anae Mountains run

from northwest to southeast in a 32-km

(20-mi) arc along the western half of

O‘ahu, in the rainshadow of the Ko‘olau

Range. Both the windward and leeward

slopes of the Wai‘anae Mountains are

characterized by steep cliffs and ridges

less than 5 km (3 mi) in length. The

peak elevation occurs at Mt. Ka‘ala

(1,230 m; 4,025 ft). Approximately 36

percent (134,300 acres) of O‘ahu is

forested (Buck et al. 1988). Of these

forested lands, approximately 49

percent is primarily native forest

dominated by koa (Acacia koa) and

‘o ̃hi‘a ́ (Metrosideros polymorpha), with

the remainder, 51 percent, dominated

by introduced species, e.g., common

guava (Psidium guajava), strawberry

guava (P. cattleianum), christmasberry

(Schinus terebinthifolius), mango

(Mangifera indica), and several species

of eucalypts (Buck et al. 1988).

The O‘ahu ‘elepaio (Chasiempis

sandwichensis ibidis) is a small forestdwelling bird (12.5 grams (0.43 ounces))

average weight; 15 centimeters (6

inches) total body length), and is a

member of the monarch flycatcher

family Monarchidae (VanderWerf 1998).

It is dark brown above and white below,

with light brown streaks on the breast.

The tail is long (6.5 cm, 2.6 in.) and

often held up at an angle. Adults have

conspicuous white wing bars, a white

rump, and white tips on the tail

feathers. The throat is white with black

markings in both sexes, but males tend

to have more black than females,

especially on the chin. Juveniles and

subadults are rufous above and on the

breast, with a white belly and rusty

wing-bars. The bill is medium-length,

straight, and black, with the base of the

lower mandible bluish-gray in adults