Endangered and Threatened Wildlife and Plants; 90-Day Finding for a Petition To Delist the Plant Potamogeton clystocarpus (Little Aguja Pondweed)

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 Delist the Plant Potamogeton clystocarpus (Little Aguja

Pondweed)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day

finding for a petition to delist the endangered plant Potamogeton

clystocarpus (Little Aguja pondweed) under the Endangered Species Act

of 1973, as amended. This plant occurs only in Jeff Davis County,

Texas. The Service finds that the petition did not present substantial

scientific or commercial information indicating that delisting this

species may be warranted.

DATES: The finding announced in this document was made on November 25,

1994.

ADDRESSES: Data, information, comments, or questions concerning this

petition should be submitted to the State Administrator, U.S. Fish and

Wildlife Service, 611 East 6th Street, Room 407, Austin, Texas 78701.

The petition finding and supporting data are available for public

inspection, by appointment, during normal business hours at the above

address.

FOR FURTHER INFORMATION CONTACT:

Kathryn Kennedy, Botanist, at the above address (telephone 512/482-

5436; facsimile 512/482-5442.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as

amended (16 U.S.C. 1531 et seq.), requires that the Service make a

finding on whether a petition to list, delist, or reclassify a

specifies presents substantial scientific or commercial information to

demonstrate that the petitioned action may be warranted. To the maximum

extent practicable, this finding is to be made within 90 days of the

date the petition was received, and the finding is to be published

promptly in the Federal Register. If the finding is that substantial

information was presented, the Service also is required to promptly

commence a review of the status of the species involved.

The Service has made a 90-day finding on a petition to delist

Potamogeton clystrocarpus (Little Aguja pondweed). The petition, dated

February 9, 1994, was submitted by Mr. Topper Frank, representing the

Davis Mountains Trans-Pecos Heritage Association, and was received by

the Service on February 11, 1994. The petition was combined with

comments submitted on the draft Little Aguja Pondweed (Potamogeton

clystrocarpus) Recovery Plan (U.S. Fish and Wildlife Service 1993). The

petitioner contends that threats to the species identified at the time

of listing were highly speculative, improbable, and had no factual

basis. The petitioner disagreed that dam construction or chemical

contamination could occur, stated that the threats of drought and

flooding cannot be controlled, and stated that the Service presented no

evidence that the status of the plant is significantly different than

it ever was. The petition included no scientific or commercial data to

support the delisting request, nor were any supporting documents

attached.

The Service has reviewed the petition, other literature, and

information available in the Service's files. On the basis of the best

scientific and commercial information available, the Service finds the

petition does not present substantial information that delisting this

species may be warranted.

Potamogeton clystrocarpus is known from a single intermittent

stream in Little Aguja Canyon in the Davis Mountains, Jeff Davis

County, Texas. The only precisely recorded locality for the species is

on the Buffalo Trails Boy Scout Ranch (Scout Ranch) owned by the

Buffalo Trail Council, Inc., Boy Scouts of America. This population has

been periodically observed by botanists (Texas Natural Heritage

Program, pers. comm. 1992; Rowell 1983) and was last verified in late

1989 or 1990 (C. Rowell, Marfa, Texas, pers. comm. 1992). Severe

flooding occurred in the Canyon in 1991 and 1992 (D. Damon, Scout Ranch

manager, pers. comm. 1992). In 1992 botanists from the Service and from

Mercer Arboretum, Houston, Texas, searched the Scout Ranch, but could

not locate the species. The Service has been unable to gain access to

search for the species on other private property in the Little Aguja

Creek area. However, Wooley (1994) reports a recent unsuccessful search

by another botanist on property adjacent to the Scout Ranch. While the

Service is extremely concerned at the failure to locate the species

recently, it is hopeful the species may still exist if a few plants

were overlooked or if the species is able to re-establish from seeds or

vegetative propagules remaining in the streambed. The Little Aguja

Pondweed (Potamogeton clystrocarpus) Recovery Plan (U.S. Fish and

Wildlife Service 1994) establishes a search schedule for the species.

Annual searches will be conducted for 13 years and two additional

searches will be done at 3 year intervals. If no populations are

discovered during this period, Little Aguja pondweed will be considered

for delisting due to extinction.

The final rule listing Potamogeton clystrocarpus as an endangered

species was published in the Federal Register on November 14, 1991 (56

FR 57844). The Service finds that all of the threats identified in the

final rule remain a concern. These threats included periodic extreme

flood and drought; modification or loss of habitat through physical

changes in creek configuration such as dams, impoundments, or flood

control structures; reduction of water supply from wells, spring

capture, or diversion projects; and changes in water quality from

pollution through increased livestock or wildlife numbers in nearstream

areas, siltation, or chemical contamination. Some of these threats are

potential rather than immediate, and may occur infrequently. However,

due to its low population numbers, the species is vulnerable to

extinction from even occasional detrimental events. Identification of

potential threats is essential in the listing determination and in

later species protection. Identification of potential threats alerts

agencies, landowners, and managers about concerns so advance planning

can be done. Protective management practices developed and implemented

cooperatively can then prevent serious damage to the species.

References Cited

Rowell, C.M., Jr. 1983. Status report, Potamogeton clystrocarpus

Fern. U.S. Fish and Wildlife Service, Albuquerque, New Mexico.

U.S. Fish and Wildlife Service. 1993. Draft Little Aguja

Pondweed (Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and

Wildlife Service, Albuquerque, New Mexico. 54 pp.

U.S. Fish and Wildlife Service. 1994. Little Aguja Pondweed

(Potamogeton clystrocarpus) Recovery Plan. U.S. Fish and Wildlife

Service, Albuquerque, New Mexico. 78 pp.

Wooley, B. 1994. Wide-open standoff. Dallas Life Magazine.

January 16, 1994. pp. 9-12, 16, 18.

Author

The primary author of this document is Kathryn Kennedy (see

ADDRESSES section).

Authority

The authority for this action is the Endangered Species Act (16

U.S.C. 1531 et seq.).

Dated: November 25, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-32015 Filed 12-28-94; 8:45 am]

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