Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for Lilium Occidentale (Western Lily)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB83

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for Lilium Occidentale (Western Lily)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) determines

endangered status pursuant to the Endangered Species Act of 1973, as

amended (Act) for the plant Lilium occidentale (western lily). This

lily is known to occur in 31 small, widely separated populations in

sphagnum bogs, coastal scrub and prairie, and other poorly drained

soils along the coast of southern Oregon and northern California.

Threats to the species include development (e.g., roads, cranberry

farms, buildings, and associated infrastructure), competition from

encroaching shrubs and trees into lily habitat, bulb collecting, and

grazing by domestic livestock and deer. Human activities have

interrupted natural processes of bog and wetland creation and

maintenance, so that there are fewer bogs in early successional stages

suitable for this lily. This rule implements the Federal protection and

recovery provisions provided by the Act for this species.

EFFECTIVE DATE: September 16, 1994.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the Boise Field Office,

U.S. Fish and Wildlife Service, 4696 Overland Rd., Room 576, Boise,

Idaho 83705.

FOR FURTHER INFORMATION CONTACT: Dr. Robert L. Parenti, Botanist, at

the above address (208/334-1931, FAX 208/334-9493).

SUPPLEMENTARY INFORMATION:

Background

Carl Purdy first collected and described Lilium occidentale

(western lily) from unspecified locations in the headlands around

Humboldt Bay, California (Purdy 1897). There are no other taxonomic

treatments of this lily. Some researchers have speculated that separate

Oregon and California varieties of the lily may exist (Ballantyne

1980). The variation between lilies in these two regions is now

believed to be due to environmental differences; i.e. wetter (bog)

sites and drier (coastal prairie) sites, and not geographic variation

(Mark Skinner, California Native Plant Society, pers. comm., 1991). In

some instances, L. occidentale is known to hybridize with L.

columbianum (tiger lily) that grows in generally drier sites. Hybrids

are known only from disturbed sites such as road edges.

Lilium occidentale, a perennial in the lily family (Liliaceae),

grows from a short unbranched, rhizomatous bulb, reaching a height of

up to 1.8 meters (5 feet (ft)). Leaves grow along the unbranched stem

singly or in whorls and are long and pointed, roughly 1 centimeter (cm)

wide and 10 cm long (0.5 inch (in) by 4 in). The nodding flowers are

red, sometimes deep orange, with yellow to green centers in the shape

of a star and spotted with purple. The six petals (tepals) are 3 to 4

cm (1 to 1.5 in) long and curve strongly backwards. This species can be

distinguished from similar native lilies by the combination of pendent

red flowers with yellow to green centers in the shape of a star, highly

reflexed petals, non-spreading stamens closely surrounding the pistil,

and an unbranched rhizomatous bulb. Lilium columbianum is yellow to

orange and grows from a typical ovoid bulb; L. vollmeri, L. pardilinum,

and L. maritimum can have red tepals, but none have the distinctive

characters of stamens that stay close to the pistil and a green central

star (which may change to yellow with age).

Lilium occidentale has an extremely restricted distribution within

2 miles (3.2 kilometers (km)) of the coast from Hauser, Coos County,

Oregon to Loleta, Humboldt County, California. This range encompasses

approximately the southern one-third of the Oregon coast and the

northern 100 miles (161 km) of the California coast. Its extreme

westerly distribution is the origin of its specific name. The plant is

currently known from 7 widely separated regions along the coast, and

occurs in 31 small (2 square meters (2.4 square yards) to 4 hectares

(10 acres) in area), isolated, densely clumped populations. Of the 25

populations known in 1987 and 1988, 9 contained only 2 to 6 plants, 5

contained 10 to 50 plants, 6 contained 51 to 200 plants, 4 contained

201 to 600 plants, and 1 contained almost 1,000 plants (Schultz 1989).

At some sites, particularly the sites with more than 200 plants, the

majority of plants were non-flowering, which is probably an indication

of stress (Schultz 1989). Schultz calculated a known population of 661

flowering and at least 2,750 non-flowering plants in 1988. Since then,

an estimated total of 1,000 to 2,000 flowering plants have been

discovered at 4 sites near Crescent City, California, where none were

previously known (Dave Imper, Humboldt State University Foundation,

pers. comm., 1991). In addition, a population of about 125 flowering

plants was discovered near Brookings, Oregon, in 1991 (Margie Willis,

Oregon Department of Parks and Recreation, pers. comm. 1991), and a

population of 13 flowering plants was discovered near Bandon, Oregon,

in 1992. The known populations occur on State of Oregon (15), county

(1), private (15) including 1 site on land owned by The Nature

Conservancy, and State of California (2) lands. Two sites span two

ownerships.

In Oregon, Schultz (1989) identified a 20-mile stretch of coast

from Bandon to Cape Blanco as an area likely to contain undiscovered

populations of Lilium occidentale. Previously, Ballantyne (1980)

searched this area and did not find new populations, but his visit was

after flowering when the plants would have been inconspicuous. It is

possible this area may support the lily. In California, little suitable

habitat remains that has not already been surveyed (Dave Imper, pers.

comm., 1992). The extremely dense vegetation in the coastal scrub

habitat and around bogs makes surveying for the lily difficult.

Lilium occidentale grows at the edges of sphagnum bogs and in

forest or thicket openings along the margins of ephemeral ponds and

small channels. It also grows in coastal prairie and scrub near the

ocean where fog is common. Herb and grass associates include

Calamagrostis nutkaensis (Pacific reedgrass), Carex sp. (sedge),

Sphagnum sp. (sphagnum moss), Gentiana sceptrum, and Darlingtonia

californica (California pitcher-plant). Common shrub associates are

Myrica californica (wax-myrtle), Ledum glandulosum (Labrador tea),

Spiraea douglasii (Douglas' spiraea), Gaultheria shallon (salal),

Rhododendron macrophyllum (western rhododendron), Vaccinium ovatum

(evergreen huckleberry), and Rubus sp. (blackberry). Tree associates

include Pinus contorta (coast pine), Picea sitchensis (sitka spruce),

Chamaecyparis lawsonia (Port Orford cedar), and Salix sp. (willow)

(Schultz 1989).

Lilium occidentale has not been widespread in recent times.

Historical records indicate that it was once more common than it is

today. After the ice age, rising sea levels flooded marine benches

where bogs and coastal scrub would have been more extensive than today.

That may account for the patchiness of its current habitat

distribution. It is known or assumed to be extirpated in at least nine

historical sites, due to forest succession, cranberry farm development,

livestock grazing, highway construction, and other development. Its

status is uncertain in at least seven other historical sites (Schultz

1989). These factors continue to threaten the lily, with development

taking a primary role. Two known populations near Brookings, Oregon

were partially or totally destroyed by unpermitted development-related

wetland fill activity in 1991. The largest known population and three

smaller populations near Crescent City, California are currently

threatened by housing and recreation development (Dave Imper, pers.

comm. 1991).

Previous Federal Action

Federal action on this plant began as a result of section 12 of the

Endangered Species Act (16 U.S.C. 1531 et seq.), which directed the

Secretary of the Smithsonian Institution to prepare a report on 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. In that document, Lilium

occidentale was considered to be endangered.

On July 1, 1975, the Service published a notice in the Federal

Register (40 FR 27823) accepting the report as a petition to list the

species within the context of section 4(c)(2) (now section 4(b)(3)(A))

of the Act), and giving notice of its intention to review the status of

the plant taxa named therein. In this and subsequent notices, Lilium

occidentale was treated as under petition for listing as endangered. As

a result of that review, on June 16, 1976, the Service published a

proposed rule in the Federal Register (41 FR 24523) to determine

endangered status pursuant to section 4 of the Act for approximately

1,700 vascular plant species, including L. occidentale. The list of

1,700 plant species 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.

In 1978, amendments to the Act required that all proposals over 2

years old be withdrawn. A 1-year grace period was given to proposals

already over 2-years old. On December 10, 1979, the Service published a

notice in the Federal Register (44 FR 70796) withdrawing the portion of

the June 16, 1976, proposal that had not been made final, including

Lilium occidentale, along with four other proposals that had expired.

The Service published an updated Notice of Review for plants on

December 15, 1980 (50 FR 82480) including Lilium occidentale as a

category 1 species, meaning that the Service had sufficient information

to support a proposal for listing. A review of the information

available on this species in 1985 indicated that category 2 status was

more appropriate, and the plant was included as such in the September

27, 1985 (50 FR 39526) Notice of Review for plants. Category 2 species

are taxa for which the Service has some information indicating that

listing may be warranted, but additional information on biological

vulnerability and threats is needed to support a proposal for listing

as threatened or endangered. In 1989, a status review of the species

was completed (Schultz 1989). This report provided the additional

information necessary to elevate the species to a category 1 candidate;

it was included as such in the February 21, 1990, Plant Notice of

Review (55 FR 6184).

Section 4(b)(3)(B) of the Act requires the Secretary to make

findings on pending petitions within 12 months of their receipt.

Section 2(b)(1) of the 1982 amendments further requires all petitions

pending on October 13, 1982, be treated as having been newly submitted

on that date. 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; notice of this finding was published on

January 20, 1984 (49 FR 2485). Such a finding requires the petition to

be recycled yearly pursuant to section 4(b)(3)(C)(i) of the Act. The

finding was reviewed each year from 1984 through 1991. A proposal to

list Lilium occidentale as endangered was published in the Federal

Register on October 26, 1992 (57 FR 48495). The Service now determines

L. occidentale to be endangered with the publication of this rule.

Summary of Comments and Recommendations

In the October 26, 1992, proposed rule and associated

notifications, all interested parties were requested to submit factual

reports or information that might contribute to the development of a

final listing decision. Appropriate State agencies, scientific

organizations, and other interested parties were contacted and

requested to comment. Newspaper notices were published in The Oregonian

paper, Portland, Oregon, on November 27, 1992, and The World paper,

Coos Bay, Oregon, on November 25, 1992, which invited general public

comment. Three letters were received. Two letters, both from private

citizens, were in support of the listing. One letter, from a local

government, questioned whether there has been enough study on the need

to list the species, its habitat requirements, or whether habitat

changes such as cranberry farming may actually benefit the plant.

Service Response: The Service believes that the status review of

the plant was very thorough. All known populations from historical

herbarium collections were checked, and many were found to be

extirpated. The restricted habitat requirements of the species are

accurately known, and most suitable habitat has been searched.

Additionally, the Service contacted all individuals knowledgeable about

the species prior to proposing it for listing to assess the most

current information about the status of the species. In response to the

concern with the ability of the lily to grow in cranberry farms, a

small population of lilies was found in 1992 in an apparently abandoned

cranberry bog (Bruce Rittenhouse, Coos Bay District, Bureau of Land

Management, pers. comm.). No populations have been found in active

cranberry farms.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Lilium occidentale should be

classified as an endangered species. Procedures found at section 4 of

the Act (16 U.S.C. 1533) and regulations promulgated to implement the

listing provisions (50 CFR part 424) were followed. 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 L. occidentale Purdy (western lily) are as

follows:

A. The present or threatened destruction, modification, or

curtailment of habitat or range. Lilium occidentale existed

historically at several sites above Humboldt Bay in northern

California. These populations have been extirpated by development or,

in some cases, encroachment by forest. From the 1940's to the present,

conversion of bog habitat to cranberry farms, roads, and residential

dwellings has eliminated suitable L. occidentale habitat as well as

some populations of the plant in the area from Bandon south to Cape

Blanco, Oregon (Schultz 1989). This area contained perhaps the greatest

concentration of the species in Oregon 40 to 50 years ago, according to

native plant collectors and old-time residents of the area (Ballantyne

1980). In 1988, this area contained 6 small populations with a total of

fewer than 125 flowering plants (Schultz 1989). Clearing and draining

along the Elk and Sixes Rivers in Oregon for livestock grazing have

eliminated many of the once numerous populations there (Ballantyne

1980). In the mid-1960's, the construction of a picnic area and

restroom facility in an Oregon State Park destroyed another population.

In the summer of 1987, trail maintenance by a crew from this same State

Park destroyed the flowering shoots of six L. occidentale (Schultz

1989).

In 1984, the city of Brookings, Oregon, under an easement permit

from the Oregon Department of Transportation (ODOT), buried a sewer

line along a powerline right-of-way through a lily bog that had

contained up to 100 plants (Veva Stansell, U.S. Forest Service, pers.

comm.) The fill eliminated all the Lilium occidentale in a 20-ft (6.1

meter) wide strip, destroying almost half of the available lily

habitat. The species that later colonized the fill, rushes and alder,

were not the same as those found in the adjoining bog (e.g., sphagnum

and Drosera sundews) (Schultz 1989). In 1991, the City of Brookings

again obtained permission from ODOT to bury a larger sewer line in the

site, widening the destroyed area to approximately 25 ft (7.6 meters).

The project was completed without obtaining proper wetland fill permits

(John Craig, Army Corps of Engineers, pers. comm., 1991). It is

unlikely that the filled area will support L. occidentale in the future

(Stewart Schultz, University of British Columbia, pers. comm., 1991).

The effects on the hydrology of the remaining bog are as yet unknown.

At a second site, a private developer drained a lily bog that

historically contained about 100 plants, without obtaining a State or

Federal permit for the wetland activity. Two lilies were found

remaining between two drainage ditches (Richard Mize, California Native

Plant Society, pers. comm., 1991).

Future development activities threaten the remaining sites where

Lilium occidentale occurs. The largest known population occurs partly

on private land in Crescent City, California. This land has been

surveyed and is platted as a subdivision in city records (Richard Mize,

pers. comm., 1991). Other nearby populations are privately owned and

the owner has expressed the desire to develop the land (Dave Imper,

pers. comm., 1991). The ODOT is currently planning to widen Highway 101

at another lily site. After the proposed rule was published, ODOT

modified their plans and will avoid the lily population. Such pressure

to develop wetland sites occupied by this lily will likely increase in

the future. The lily is limited to habitat very near the coast that is

currently undergoing intense development pressure. The species' bog and

coastal prairie/scrub habitat occurs on level marine terraces that are

desirable for coastal development because of the gentle topography and

proximity to the ocean.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Lilium occidentale is a showy, rare lily and the

species has been collected by lily growers and for the commercial trade

since before the 1930's. After the location of a California population

of L. occidentale was published in lily society yearbooks in 1934,

1955, and 1972, bulb collecting by lily growers and breeders decimated

the population (Ballantyne, 1980). Overcollection continues

sporadically at sites in Oregon and California (Schultz 1989). For

example, in June 1987, seven bulbs were dug from an Oregon site. Lily

breeders collect L. occidentale seed regularly from several sites.

Plants near trails and roads are occasionally picked: at least seven

plants were picked in 1985, four to six in 1986, five in 1987, and two

in 1988 at a site in Oregon (Schultz 1989). Lilium occidentale was

reportedly advertised for sale in western United States and British

seed and bulb catalogues (Siddall and Chambers 1978). Overcollection

currently threatens this plant and would likely increase, if specific

locations of this plant were publicized.

C. Disease or predation. Although a limited amount of grazing may

be of benefit to Lilium occidentale, if it prevents forest succession

(see Factor E); overgrazing by cattle is considered a threat to this

plant. Until recently, livestock overgrazing on the lily and

surrounding vegetation was severe at three California ranch sites

(Schultz 1989). The lily population at one ranch was reduced from over

100 flowering individuals in 1984 to fewer than 10 between 1985 and

1988. At another ranch, half of the fruits were grazed by deer and

cattle in 1985. By July 1987, cattle had crushed 32 percent and grazed

another 25 percent of 49 flowering shoots. Only 17 intact fruits

remained in August (Imper et al. 1987). Deer and elk herbivory is

severe at 3 Oregon sites; 50 to 60 percent of fruit in one population

of about 60 flowering plants were browsed in 1987 and 1988 (Schultz

1989). Unknown vandals destroyed all flowering shoots at one site in

1980 (Ballantyne 1980).

Deer browsing continues to be a threat at the Oregon sites. The

fences, however, are not deer-proof and deer are common at these

ranches. Though occurring sporadically, browsing by deer can cause

major damage.

Grazing of leaves, buds, and flowers by Coleopteran and

Lepidopteran larvae is an ongoing threat at one California site (Imper

et al. 1987). The highly clumped distribution and small number of

populations of Lilium occidentale make any fungal, viral, or bacterial

disease a potential threat. Fungal pathogens are common in cultivated

lilies; growers often avoid planting in ground known to be

contaminated.

D. The inadequacy of existing regulatory mechanisms. Lilium

occidentale is listed as an endangered species in both California

(Chapter 1.5, Sec. 2050 et seq.) and Oregon (ORS 564.100--564.135; OAR

603-73-005 et seq.), and is included in the Oregon Wildflower

Protection Act (ORS 564.020). In California, the ``take'' of State-

listed plants is prohibited, but the law exempts the taking of such

plants via habitat modification or land use change by the landowner.

After the California Department of Fish and Game notifies a landowner

that a State-listed plant grows on his or her property, State law

requires only that the landowner notify the agency ``at least 10 days

in advance of changing the land use to allow salvage of such plant''

(Chapter 1.5, Sec. 1913). In Oregon, the ``take'' of State-listed

plants is prohibited only on State-owned or -leased lands. Enforcement

of State endangered species laws is inadequate, as is evident from the

list of recent depredations in Factor C above, and from the ``take'' of

lilies by activities of the city of Brookings on Oregon Department of

Transportation land, as described in Factor A above. The seriousness of

the problem of enforcement is underscored by the fact that this lily

population on State land was twice subjected to destruction, although

all involved parties were informed of the presence of the rare lily

after the first incident.

Lilium occidentale grows in wetland habitat. Under section 404 of

the Clean Water Act, the U.S. Army Corps of Engineers (Corps) regulates

the discharge of fill into the waters of the United States, including

wetlands. The Clean Water Act requires project proponents to notify the

Corps and obtain a permit prior to undertaking many activities (e.g.,

grading, discharge of soil or other fill material, etc.) that would

result in the fill of wetlands under the Corps' jurisdiction.

The Corps promulgated Nationwide Permit No. 26 (33 CFR 330,

Appendix A) to address fill of isolated or headwater wetlands totalling

less than 10 acres. Where fill would adversely modify less than 10

acres of wetland, the Corps circulates a predischarge notification to

the Service and other interested parties for comment to determine

whether or not an individual permit should be required for a proposed

fill activity and associated impacts. The Corps must respond within 30

days or the proposed activity will be authorized under the nationwide

permit.

Individual permits are required for the discharge of fill material

that would fill or adversely modify greater than 10 acres of wetlands

or any size wetland if proposed or listed species are present and could

be adversely affected by the proposed activity. The review process for

the issuance of individual permits is more rigorous than for nationwide

permits. Unlike nationwide permits, an analysis of cumulative wetland

impacts is required for individual permit applications. Resulting

permits may include special conditions that require avoidance or

mitigation of environmental impacts. On nationwide permits, the Corps

has discretionary authority to require an applicant to seek an

individual permit if the Corps believes that the resources are

sufficiently important, regardless of the wetland's size. In practice,

the Corps rarely requires an individual permit when a project would

qualify for a nationwide permit, except when a threatened or endangered

species or other significant resource would be adversely affected by

the proposed activity.

Most of the populations of Lilium occidentale occur in wetlands

that are less than 10 acres in size. Many are only a few square yards,

and many are in wetlands with no surface drainage to streams (i.e.,

``isolated''). Therefore, filling them could fall under Nationwide

Permit No. 26. If L. occidentale is listed as endangered, formal

consultation with the Service would be required before the Corps could

issue an individual section 404 permit that may adversely affect the

lily.

E. Other natural or manmade factors affecting its continued

existence. The primary long-term natural threat to Lilium occidentale

is competitive exclusion by shrubs and trees as a result of succession

in bogs and coastal prairie/scrub. Human activities such as draining of

wetlands, clearing of land, elimination of beaver, and stabilization of

moving sand areas have interrupted the natural processes of bog and

wetland creation. As late-stage bogs and coastal scrub go through

succession to forest, lily habitat is eliminated with little new

habitat being created. There is some indication that L. occidentale

populations have been maintained in the past by periodic fires, perhaps

set by native Americans (Schultz 1989). Charcoal is abundant in the

soil at several of the major populations, indicating past fires. Fires

are now rare events in these areas.

Young plants of this species are almost always recruited under

shrub cover, but the lily is shaded out if the canopy cover is greater

than 50 percent or shrubs are over 2 meters (6 ft) high. Several

populations and portions of populations have already been extirpated by

forest succession. Eleven populations (ranging from 2 to about 1,000

plants) currently are seriously stressed from competition, as indicated

by low reproductive rates (Schultz 1989). Individual plants do not

flower every year, apparently as an energy-saving mechanism when

stressed. Health of a population can be evaluated by the number of

flowering versus non-flowering plants, and the number of blooms per

plant. It has been suggested that the 11 stressed populations would

probably survive less than a decade without habitat manipulation

(Schultz 1989). Invasion by the exotic shrub gorse (Ulex europaeus)

into the bog habitat of Lilium occidentale has eliminated suitable

habitat in Oregon near Blacklock Point (Ballantyne 1980).

At four California ranch populations, livestock exclosure fences

have solved the immediate problem of overgrazing (Dave Imper, pers.

comm., 1992). A limited amount of grazing may actually benefit the

species by preventing succession. Over time, without habitat

management, forest succession within the exclosures would limit the

lilies to the well-lighted edges of the exclosures and reproduction

would deteriorate.

Some populations are so small (2 to 100 flowering plants) that loss

of genetic variability is a threat. Plants with genetic abnormalities

such as 4-merous flowers, tepals replacing stamens, stamens replacing

tepals, and double flowers have been observed over two or more seasons

at sites in both California and Oregon. The effects of inbreeding may

already be adversely affecting the viability of these small populations

and remains a future threat to the plant (Schultz 1989).

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by Lilium occidentale in determining to make this

rule final. Based on this evaluation, the preferred action is to list

L. occidentale as endangered. This species occupies an extremely

restricted geographic range and is comprised of a total of 2,000 to

3,000 flowering individuals. Residential development, conversion of

habitat to cranberry farms, shrub and tree succession, overcollection,

vandalism, overgrazing, and loss of genetic diversity threaten this

plant with extinction. Because the plant is in danger of extinction

throughout its range, it fits the definition of endangered under the

Act.

Critical habitat is not being designated for this species for

reasons discussed in the ``Critical Habitat'' section of this rule.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat at the time the species is listed. The Service finds

that designation of critical habitat is not presently prudent for this

species. As discussed under Factor B in the ``Summary of Factors

Affecting the Species,'' Lilium occidentale is threatened by taking.

The publication of precise maps and descriptions of critical habitat in

the Federal Register, as required for the designation of critical

habitat, would increase the degree of threat to this species from take

or vandalism and, therefore, could contribute to its decline and

increase enforcement problems. The listing of this species under the

Act publicizes the rarity of the species and, thus, could make this

plant attractive to researchers, curiosity seekers, or collectors of

wildflowers or rare plants. All involved parties and landowners have

been notified of the importance of protecting this species' habitat.

Protection of the species' habitat will be addressed through the

recovery process and the section 7 consultation process. Therefore, the

Service finds that designation of critical habitat for this species is

not prudent at this time because such designation would increase the

degree of threat from collecting or other human activities.

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 results in

public awareness and conservation actions by Federal, State, and local

agencies, private organizations, and individuals. The Endangered

Species Act provides for possible land acquisition and cooperation with

the States and requires that recovery actions be carried out for all

listed species. The protection required of Federal agencies and the

prohibitions against certain activities involving listed plants are

discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(2) of the Act requires Federal agencies to

insure that activities they authorize, fund, or carry out are not

likely to jeopardize the continued existence of a listed species. If a

Federal action may affect a listed species, the responsible Federal

agency must enter into consultation with the Service.

The U.S. Army Corps of Engineers will become involved with this

plant species after listing through its permitting authority as

described under section 404 of the Clean Water Act. By regulation,

permits may not be issued where a federally listed endangered or

threatened species would be affected by the proposed project without

first completing consultation pursuant to section 7 of the Act. The

presence of a listed species would highlight the national importance of

these resources. In addition, insurance of housing loans by the

Department of Housing and Urban Development in areas that presently

support Lilium occidentale will be subject to review by the Service

under section 7 of the Act.

The Act and its implementing regulations found at 50 CFR 17.61 and

17.62, set forth a series of prohibitions and exceptions that apply to

listed plant species. All prohibitions of section 9(a)(2) of the Act,

implemented by 50 CFR 17.61, 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 this

species in interstate or foreign commerce, or to remove and reduce to

possession the species from areas under Federal jurisdiction. In

addition, for plants listed as endangered, the Act prohibits the

malicious damage or destruction of any such species on lands under

Federal jurisdiction; or removal, cutting, digging up, damaging, or

destroying of such plants in knowing violation of any State law or

regulation, or in the course of any violation of a State criminal

trespass law. Certain exceptions apply to agents of the Service and

State conservation agencies. 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

propagation or survival of the species. It is anticipated that trade

permits might be sought because the species is in cultivation and is

very rare in the wild. 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,

Endangered Species Permits, 911 N.E. 11th Avenue, Portland, Oregon

97232-4181 (503/231-6241; FAX 503/231-6243).

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, 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).

References Cited

A complete list of all references cited herein, as well as

others, is available upon request from the Boise Field Office (see

ADDRESSES section).

Author

The primary author of this final rule is Helen Ulmschneider,

U.S. Fish and Wildlife Service, Boise Field Office (see ADDRESSES

section), 208/334-1931.

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended 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; Public Law 99-625, 100 Stat. 3500, unless otherwise

noted.

2. Section 17.12(h) is amended by adding the following, in

alphabetical order under the family Liliaceae, to the List of

Endangered and Threatened Plants to read as follows:

Sec. 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

----------------------------------------------------------------------------------------------------------------

Species

------------------------------------------- Historic range Status When listed Critical Special

Scientific name Common name habitat rule

----------------------------------------------------------------------------------------------------------------

* * * * * * *

LILIACEAE (Lily

Family)

* * * * * * *

Lilium occidentale.. Western lily........ USA (CA, OR)....... E 545 NA NA

* * * * * * *

----------------------------------------------------------------------------------------------------------------

Dated: July 26, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-20162 Filed 8-16-94; 8:45 am]

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