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58170

Federal Req&ier

/ Vol. 45, No. 17l 1 Tuetiy.

September 21980

/ Proposed Rulea

Critical Habitat

The Endangered

Species Act

Amendments of

1978

added the

following provision to Subsection 4[a)(l)

of the

Endangered

Species Act of 1973:

At the time any such regulation (to

determine whether a species is endangered or

threatened] is proposed, the Secretary shall

al& by regulation, to the maximum extent

prudent, specify any habitat of such species

which is then considered to be critical

habitat.

In addition, the Section 4 regulation5

of February 27,198O

(45 FR 13009-13026)

state that:

lf the Director determines that the

designation of Critical Habitat is

not

prudent,

he will state the reasons for such

determination

in the proposed and final rules

listing a species.

the exact locality of the species

were published in the Federal Register

and local newspapers at this time, the

extremely rare Phacelia fommsula

might be additionally threatened by

taking and vandalism, activities not

directly prohibited for plant5 by the

Endangered

Species Act of 1973. as

amended [see Subsection 9(a)(2),

U.S.C. 1538(a)(2)]. Since publication of

Critical Habitat maps would make this

species more vulnerable, it is not

prudent to designate Critical Habitat in

this case. After management and

recovery plans have been developed for

this plant, Critical Habitat may be

beneficial and may be proposed in the

future.

EffectsofThisProposaIifPuhlIshedasa

Fiial Rule

In addition

to the effects discussed

above, the effects of this proposal if

published a5 a final rule would include,

but would not necessarily be limited to,

those mentioned below.

Subsection

7(a) of the Act,

amended, requires Federal agencies to

evaluate their action5 with respect to

any species which is proposed or listed

as Endangered or Threatened.

Provision5 for Interagency Cooperation

implementing

this subsection

are

codified

at 50 CFR Part 402. New

regulations

to accomodate

amendments

to Section 7 are in preparation. This

proposed rule requires Federal agencies

to confer with the Director on any of

their action5 which are likely to

jeopardize this proposed species, and if

published as a final rule Federal

agencies would be required to insure

that actions they authorize. fund or

carry out are not likely to jeopardize the

continued existence of this species. No

such Federal involvement ox impact is

forseen at this time.

The Act and implementing regulations

published in the June 24,1977. Federal

series of general trade prohibitions and

exception5 which apply to all

Endangered plant species. The

regulations which pertain to Endangered

plants are found at Section 17.61 of 50

CFR and are summarized below. With

.respect to Phacelia formosula all

prohibitions of Section 9(a)(Z) of the Act,

as implemented by Section 17.61, would

apply. These prohibitions, in part, would

make it illegal for any person subject to

the jurisdiction of the United States to

import or export, transport in intemtate

or foreign commerce in the course of a

commercial activity, or sell or offer for

sale thie species in interstate or foreign

commerce. Certain exception5 would

apply to agent5 of the Service and State

conservation agencies. The Act and 50

CFR Sections 17.82 and 17.63 also

provide for thdssuance of permits to

carry out otherwise prohibited activities

involving Endangered speciea, under

certain circumstances. No such trade in

Phacelia formosula is known. It is

anticipated that few permits involving

the species would ever be requested.

If this plant is listed as an Endangered

species. certain conservation authoritiea

would become available and protective

measures may be undertaken for it.

These could include increased

management of the species and its

habitat, the possibility of land

acquisition if necessary, the provision of

two-thirds Federal (and one-third State)

funds for the species should Colorado

qualify for and enter into a cooperative

agreement under Subsection ~(c](z) of

the Act, and the development of a

recovery plan for the species as

specified in Subsection 4[g).

No significant impact on State or local

governments is expected as a result of

this action. Jackson County, Colorado

and a private individual share

ownership of the sandstone bluff habitat

of Phaceiia formosula. Motorcycle use

of the county property endangers this

species. Protection of the species by

habitat management might require

interference with recreational use of the

bluff. The county officials and private

landowner are favorably disposed

toward conservation of this species.

No significant economic impacts are

expected Cattle grazing occurs on the

private portion of the Phaceiia

formoda

habitat but does not appear

to threaten the specias. The reduction or

elimination of the motorcycle use on the

portion of the bluff where this species

occurs would entail no permanent

economic burden. At this time it appears

that the proposed action would not

ca~tituta a

eiguificmt

economic impact

on landawners, the local economy, the

regional economy, or on local

governments. This species i5 not known

to be the subject of any commercial

activities.

If listed as Endangered under the Act,

the Service will review

this

species to,

determine whether it should be

considered for the Convention on

Nature Protection and Wildlife

Preservation in the Western Hemisphere

for placement upon its Annex, and

whether it should be considered for

other appropriate international

agreements.

National Environmental Policy Act

A draft Environmental Assessment

has been prepared in conjunction with

this proposal:It is on file in the Service’s

Office of Endangered Species, 10~0

North Glebe Road, Arlington, Virginia,

and may be examined by appointment

during regular business hours. A

determination will be made

at the time

of the final rule whether this is a major

Federal action which significantly

affects the quality of the human

environment within the meaning of

Section Liz

of the National

Environmental Policy Act of 19139.

Public Comments Solicited

The Director intends that any rules

finally adopted will be as accurate and

effective as possible in the conservati?n

of Endangered or

Threatened

species.

Therefore,

comments or suggestions

from the public. other concerned

governmental agencies, the scientific

community, industry, private interests,

or any other interested party, concerning

any aspect of these proposed rules, are

solicited, Comments particularly are

sought concerning:

1. Biological, commercial, or other

relevant data concerning any threat (or

the lack thereof) to the species included

in this proposal.

2. The reasons why any habitat of this

species should or should not be

determined to be Critical Habitat as

provided for by the Act.

3. Additional information concerning

the range and distribution of this

species.

Final Promulgation of the regulations

on Phacelia formosula will take into

consideration any comments and

additional information received by the

Director, and such communications may

lead him to adont a final rule that differs

from thir propoLl.

The proposal is prrblished under the

authority contained in the Endangered

Species Act of 1973. as amended (16

U.S.C. 1531 et seq; 87 Stat. E&t,92 Stat

375X93 Stat. 1225). The primary authors

Federal Register - 50 Cfr Part 17 Endangered And Threatened Wildlife And Plants - U.s. Fisn And Wildlife Service - 1980 Page 3

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