Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Plant Ipomopsis Sancti-Spiritus (Holy Ghost Ipomopsis)

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

RIN 1018-AB66

Endangered and Threatened Wildlife and Plants; Determination of

Endangered Status for the Plant Ipomopsis Sancti-Spiritus (Holy Ghost

Ipomopsis)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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

plant Ipomopsis sancti-spiritus (Holy Ghost ipomopsis) is an endangered

species, under the authority of the Endangered Species Act of 1973

(Act), as amended. This species occurs at a single location in the

Sangre de Cristo Mountains, San Miguel County, New Mexico. Its survival

is threatened by limited distribution, low plant numbers, the proximity

of development, and intensity of human activity in the area. Potential

threats include road maintenance, chemical herbicide and pesticide use,

biological pest controls, and any natural or manmade factors that would

reduce the already low numbers or significantly alter the habitat. This

action will implement Federal protection provided by the Act for Holy

Ghost ipomopsis. Critical habitat is not being designated.

EFFECTIVE DATE: April 22, 1994.

ADDRESSES: The complete file for this rule is available for public

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

Mexico Ecological Services Field Office, U.S. Fish and Wildlife

Service, 3530 Pan American Highway NE., suite D, Albuquerque, New

Mexico 87107.

FOR FURTHER INFORMATION CONTACT: Philip Clayton, at the above address

(505/883-7877).

SUPPLEMENTARY INFORMATION:

Background

Ipomopsis sancti-spiritus (Holy Ghost ipomopsis) is an erect,

biennial to short-lived perennial plant, known only from the Sangre de

Cristo Mountains of San Miguel County, in north central New Mexico. It

was first collected by Dr. Edward F. Castetter in 1929. Mr. Reggie

Fletcher, U.S.D.A. Forest Service, collected the species in 1977.

Wilken and Fletcher (1988) later described the plant as a species

distinct from the closely related Ipomopsis aggregata.

The Holy Ghost ipomopsis is a member of the phlox family

(Polemoniaceae). It is 30-80 centimeters (cm) (12-31 inches (in)) tall,

with mostly solitary stems, occasionally branched from the base. The

leaves are oval in outline, 3-6 cm (1-2.4 in) long, with 9-15 linear

divisions. The basal leaves form a loose to compact rosette that dies

back at flowering. The leaves are gradually reduced in size up the

length of the stem. The flowers are tubular, pink, and about 2-2.5 cm

(0.8-1 in) long. The stamens do not extend beyond the corolla tube.

The Holy Ghost ipomopsis occurs at an elevation of approximately

2,440 meters (m) (8,000 feet (ft)). The species is found only in a 3.2-

kilometer (km) (2-mile (mi)) segment of a canyon in the Sangre de

Cristo Mountains. The plants are restricted to steep, south- or

southwest-facing slopes, primarily in openings under ponderosa pine

(Pinus ponderosa), Douglas fir (Pseudotsuga menziesii), Gambel oak

(Quercus gambellii), and quaking aspen (Populus tremuloides). The

substrate is a sandy to pebbly limestone conglomerate derived from the

Terrero and Espritu Santo formations (Wilken and Fletcher 1988).

The plant grows in small openings or clearings on the forested

slopes, and it is likely that fire may have played a role in the past

in maintaining open habitat for this species. Plants have colonized the

cut-and-fill slopes of a Forest Service road, indicating some

preference for open, disturbed areas. The entire population of the Holy

Ghost ipomopsis consists of approximately 1,200-2,500 plants, located

on Forest Service and private lands within the boundaries of the Santa

Fe National Forest. Approximately 80 percent of the population occupies

the cut-and-fill slopes along a Forest Service road; the remaining 20

percent of the population occurs on the natural dry and open habitat

higher up on the canyon slopes.

Most of the occupied habitat is along a Forest Service road that

provides access to summer homes and Forest Service campgrounds. In this

location, the plants and their habitat are vulnerable to harm from road

maintenance, wildfire, fire management, and possible pesticide

spraying. Surveys conducted by Forest Service personnel and New Mexico

Energy, Minerals and Natural Resources Department botanists within a

24-km (15-mi) radius of the known population have failed to locate any

additional populations of the species (Sivinski and Lightfoot 1991).

The Holy Ghost ipomopsis was included as a Category 2 candidate

species in a February 21, 1990, notice of plants under review for

classification as threatened or endangered species (55 FR 6184).

Category 2 includes those taxa for which available information

indicates that proposing to list them as endangered or threatened may

be appropriate, but for which there are insufficient data to support

listing proposals at this time. A status report was completed on the

Holy Ghost ipomopsis in 1991 (Sivinski and Lightfoot 1991). This

report, along with other available data, provided sufficient biological

information to justify proposing to list the Holy Ghost ipomopsis as

endangered. On September 22, 1992, the Service published in the Federal

Register a proposed rule to list this species as endangered (57 FR

43682). A notice of public hearing and reopening of the comment period

was published in the Federal Register (58 FR 4144) on January 13, 1993,

and a public hearing was held on January 27, 1993.

Summary of Comments and Recommendations

In the September 22, 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 action on this species. Appropriate State agencies, county

governments, Federal agencies, scientific organizations, and other

interested parties were contacted and requested to comment. A newspaper

notice inviting public comment was published in the Santa Fe New

Mexican on September 30, 1992. The public comment period was reopened

and extended until February 23, 1993, in order to accommodate a request

for a public hearing. Newspaper notices announcing the public hearing

and extending the comment period were published in the Las Vegas Daily

Optic on December 23, 1992, and in the Santa Fe New Mexican on January

1, 1993.

A total of 11 written comments were received within the proposed

rule comment period. One Federal agency and one State agency supported

the proposal. Of the four individuals who commented on the proposal,

three supported it and one opposed it. Five private organizations

commented on the proposal; three supported it, one opposed it, and one

was neutral.

A public hearing was requested by Mr. Bert Turner, President of the

Mora/San Juan County Farm and Livestock Bureau, Wagon Mound, New

Mexico. The hearing was held at the Public Employees Retirement

Association Building, Santa Fe, New Mexico, on January 27, 1993, with

21 people attending. Nine oral comments were presented at the hearing.

One comment was supportive, three were in opposition, and five were

neutral.

Written comments received during the comment period and oral

statements presented at the public hearing are covered in the following

summary. Comments of a similar nature or point are grouped into a

number of general issues. These issues, and the Service's response to

each, are discussed below.

Issue 1: Why was the public hearing held in the middle of winter

rather than in the summer, when more of the nonresident owners of the

summer homes could attend and people could see the plant?

Response: The Act requires that a public hearing be held promptly

if requested within 45 days after the date of publication of the

proposed rule. The Service received a public hearing request on October

21, 1992, and scheduled the hearing for January 27, 1993. A delay would

have violated the requirement to hold the hearing promptly and would

have made it difficult to prepare a final action on the proposed rule

within the 1-year deadline mandated by the Act.

Issue 2: Why wasn't the public hearing held in Pecos, New Mexico,

instead of Santa Fe, New Mexico?

Response: Service policy dictates that, if requested, a public

hearing will be held within the general area in which the species

occurs. Santa Fe was thought to be the most convenient location for the

public hearing.

Issue 3: Why were the homeowners' association and adjacent

landowners not notified about the upcoming public hearing?

Response: The Act requires notification of various parties at

certain stages in the rulemaking process. The Service attempts to

notify all interested parties of all notices and rules and to solicit

data and comments when appropriate. Notification is provided and

comments solicited by correspondence, public hearings (if requested),

newspaper notices, press releases, and Federal Register notices.

Newspaper notices were published in the Las Vegas Daily Optic on

December 23, 1992, and in the Santa Fe New Mexican on January 1, 1993.

Both are newspapers of general circulation within the vicinity of

Pecos, New Mexico. A notice of the upcoming hearing was also published

in the Federal Register on January 13, 1993 (58 FR 4144).

In cases where numerous landowners are involved, the Service

attempts to contact the major owners. The Santa Fe National Forest,

which contains most of the known Holy Ghost ipomopsis plants, was

notified of the public hearing. Several individuals in the local area

were notified in writing of the public hearing. The former president of

the homeowners' association was advised by telephone on November 30,

1992, and was later sent a letter (January 13, 1993), notifying him of

the proposed listing and upcoming hearing.

Issue 4: Is Holy Ghost ipomopsis a distinct species?

Response: The senior author of the paper describing Holy Ghost

ipomopsis as a species is a leading authority on the phlox family

(Polemoniaceae), of which Holy Ghost ipomopsis is a member. The paper

(Wilken and Fletcher 1988) was published in a peer-reviewed journal and

met the general professional requirements for naming new species. The

paper has been reviewed by Service botanists and others who find no

reason to doubt Wilken and Fletcher's findings. Also, Wolf et al.

(1991), using electrophoretic enzyme analysis, confirmed that Holy

Ghost ipomopsis is a distinct species.

Issue 5: Does unique flower coloration make Holy Ghost ipomopsis a

distinct species?

Response: This species is unique among plants of the genus

Ipomopsis in having pink-purple flowers, but even more significant are

the anatomical differences. The flower's ovary and stigma are shorter

in Holy Ghost ipomopsis than in any other species in the genus.

Issue 6: Were enough field surveys conducted to determine that Holy

Ghost ipomopsis has a very restricted distribution?

Response: Wilken and Fletcher (1988) surveyed within a 24-km (15-

mi) radius of the known locality for this species in July 1986, but

failed to locate additional plants. Dr. Wilken visited the area and

adjacent areas at least three times in 1987, 1989, and 1990, but failed

to locate additional plants in similar habitats in either the Pecos

River drainage or adjoining drainages in eastern Santa Fe County,

southeastern Taos County, or western San Miguel County (Dieter Wilken,

Colorado State University, in litt., 1992). He also conducted an

exhaustive search of U.S. herbaria and failed to locate any additional

collections of this species. The State of New Mexico (Sivinski 1991)

also surveyed for Holy Ghost ipomopsis but failed to find additional

plants. The Service believes sufficient searches have been made to

confirm that Holy Ghost ipomopsis is a very rare species. However, the

Service also believes that other natural populations may be found and

will likely recommend additional searches as part of the recovery

program for the species.

Issue 7: Two other possible populations of Holy Ghost ipomopsis

were mentioned at the public hearing, one between Glorieta and Pecos,

New Mexico, and one near the Grand Canyon in Arizona.

Response: The Service relies on the best available biological

information when determining to propose or list a species as endangered

or threatened. No reference to either of these populations was

available in the literature or through contacts with botanists who are

familiar with the species. The State of New Mexico surveyed between

Glorieta and Pecos during the summer of 1993, but no Holy Ghost

ipomopsis was found (Robert Sivinski, New Mexico Energy, Minerals and

Natural Resources Department, pers. comm., 1993). There is no way to

verify the location or the identity of the plant from the Grand Canyon.

However, Arizona has been botanically explored for at least 100 years,

and if Holy Ghost ipomopsis did occur there, it is likely that a

specimen would have been collected, deposited in a herbarium, and then

noted during Dr. Wilken's examination of herbarium specimens.

Issue 8: Is Bacillus thuringiensis (BT) a threat to Holy Ghost

ipomopsis?

Response: The biological pest control BT is commonly used for

outbreaks of spruce budworm. Both the U.S. Forest Service and the State

of New Mexico (Forestry and Resources Conservation Division of the

Energy, Minerals and Natural Resources Department) have used BT to

control spruce budworm in New Mexico. Because of the anatomical

characteristics of its flowers, Holy Ghost ipomopsis is thought to be

pollinated by various moths and butterflies, which are highly

susceptible to BT. Elimination of these pollinators could reduce seed

production and seedling recruitment, and contribute to a decline in the

population and range of Holy Ghost ipomopsis.

Issue 9: The Forest Service's use of BT, a biological pest control,

was listed as a primary threat to Holy Ghost ipomopsis in the proposed

rule, yet no such activities have taken place on the Santa Fe National

Forest for over 25 years.

Response: One commenter stated that the area was sprayed with BT in

the 1980's. Although the Forest Service has no current plans to use BT,

the potential to destroy the lepidopteran pollinators for Holy Ghost

ipomopsis still exists. The State of New Mexico has also been involved

in spraying BT for control of spruce budworm infestation on private

property in New Mexico.

Issue 10: How will the listing of Holy Ghost ipomopsis restrict

recreation, wilderness and campground access, or existing cabin leases

in the area?

Response: The Service believes that listing will have little, if

any, impact on recreation, wilderness and campground access, and cabin

leases. The Service will work with the Forest Service to minimize

possible adverse impacts to the species from human activities in Holy

Ghost ipomopsis habitat.

Issue 11: Listing the Holy Ghost ipomopsis will not provide any

more protection for this species than it already receives under Forest

Service management.

Response: Holy Ghost ipomopsis is currently protected under the

State of New Mexico Endangered Plant Species Act (75-6-1 NMSA) and is

on the U.S. Forest Service's Sensitive Species List. Even so, it does

not have the same degree of protection and management as a federally

listed species. Listing under the Endangered Species Act promotes

recovery through the development and implementation of a recovery plan,

provides additional management opportunities by drawing attention to

the species and its habitat requirements, creates the requirement for

interagency consultation through the section 7 process, and makes it

illegal, with possibly severe penalties, to maliciously damage,

destroy, or remove and possess plants from lands under Federal

jurisdiction.

Issue 12: A commercial nursery has Holy Ghost ipomopsis under

cultivation.

Response: Apparently, propagation material was obtained several

years ago by a commercial grower of native plants. Nursery propagation

of this material could provide a commercial source for Holy Ghost

ipomopsis plants, and thus help conserve this species by discouraging

the collection or digging of plants from wild populations. Propagation

knowledge gained by the commercial grower may be of considerable value

in establishing a refugial population or in reestablishing populations

in natural habitat within the species' historic range.

Issue 13: Critical habitat should be designated and an economic

analysis should be done. Although critical habitat was not proposed for

Holy Ghost ipomopsis because of a perceived threat from overcollection

that could be worsened by publication of critical habitat locality

maps, this species can be located from available information.

Response: Overcollection of plants with unusual coloration or showy

flowers is a real threat. Horticulturists and rare plant enthusiasts

are constantly looking for new plants for commercial use. Locality

information for this species is available in the scientific literature;

however, the Service does not wish to attract additional or undue

attention to the exact location of Holy Ghost ipomopsis populations by

publication of maps in the Federal Register. An analysis of economic

impacts is required for critical habitat designation, but cannot be

considered for the species' listing itself. Nor can a decision not to

list a species be based on economic considerations. A decision not to

list a species or to delist a species can only be made if the Service

determines, based on the best scientific and commercial information

available, that listing is not warranted. Because the Service has

determined that critical habitat designation is not prudent, no

economic analysis is required.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that Holy Ghost ipomopsis should

be classified as an endangered species. Procedures found at section

4(a)(1) of the Act (16 U.S.C. 1531 et seq.) and regulations (50 CFR

part 424) promulgated to implement the listing provisions of the Act

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 Ipomopsis

sancti-spiritus Wilken and Fletcher (Holy Ghost ipomopsis) are as

follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. The Holy Ghost ipomopsis occurs in

an area that has been heavily used for recreation for at least the last

50 years. This use includes approximately 36 recreation cabins and a

Forest Service campground. A nearby trout stream receives significant

use by anglers. These high-use recreational values have been protected

by the almost complete exclusion of timber harvests and forest fires.

As the forest has become more mature and natural openings less

numerous, the majority of the known population of the Holy Ghost

ipomopsis has become associated with the manmade disturbance associated

with the Forest Service road.

Road maintenance poses a potential threat to the species. An

example is a nearby Forest Service road that was graveled using crushed

waste rock from an abandoned mine. The sulfides in this mine waste

created highly acid road runoff that killed the surrounding vegetation.

If this or other toxic materials were used for the Forest Service road

occupied by Holy Ghost ipomopsis, those portions of occupied habitat

would no longer be suitable for the species. Although Forest Service

roads in the area are not presently sprayed with herbicides, this type

of weed control could be a future maintenance threat. The Forest

Service road occupied by Holy Ghost ipomopsis was straightened and

paved in 1989. The 111 plants that would have been destroyed by the

activity were moved in mid-June of that year to similar habitat at Elk

Mountain. None of the transplants survived.

The control of spruce budworm is a potential threat to pollinators

of Holy Ghost ipomopsis. The spruce budworm is a moth larva that can

defoliate large areas of spruce and Douglas fir. When infestations

occur in residential areas, the State of New Mexico receives numerous

requests for large area aerial broadcast of Bacillus thuringiensis as a

pesticide. This pesticide kills not only the spruce budworm moth, but

all other lepidopterans including those that serve as pollinators for

the Holy Ghost ipomopsis. If this treatment were repeated for more than

one year, it might have a serious impact on seed production and

population recruitment for this short-lived species.

B. Overutilization for commercial, recreational, scientific, or

educational purposes. No economic uses for the Holy Ghost ipomopsis are

known. However, the low population numbers make the species vulnerable

to harm from both scientific and non-scientific collecting. The species

produces a very attractive flower, which may make the plants more

likely to be picked by visitors to the canyon. If the plants become

well known, there may be interest in propagating the species for

commercial purposes.

C. Disease or predation. No significant disease or predation has

been observed for this species.

D. The inadequacy of existing regulatory mechanisms. There is no

Federal law that protects the Holy Ghost ipomopsis. The plant is

protected by the New Mexico Endangered Plant Species Act. Any person

wishing to collect a species listed under this Act for the purposes of

scientific investigation, documenting a new population, or

transplanting must first obtain a permit from the New Mexico Energy,

Minerals and Natural Resources Department. The Forest Service has

included the Holy Ghost ipomopsis on its Sensitive Plant Species List.

The species is considered in Forest Service environmental assessments

and planning. The Endangered Species Act would provide additional

protection for this species through section 7 (interagency cooperation)

requirements and through section 9, which prohibits malicious damage,

destruction, or removal and reduction to possession of plants occurring

on lands under Federal jurisdiction.

E. Other natural or manmade factors affecting its continued

existence. Low numbers and limited distribution make this species

vulnerable to extinction from natural and manmade threats. Reduction in

plant numbers could reduce the reproductive capabilities and genetic

potential of the species.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

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

Ghost ipomopsis as endangered without critical habitat. This status is

appropriate because of the species' limited distribution, low

population numbers, proximity of human development, and intensity of

human use of the area. Potential threats include road maintenance,

habitat alteration, pesticide application, and fire suppression.

Critical habitat is not being designated for the reasons discussed

below.

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 a species is determined to be endangered

or threatened. The Service finds that designation of critical habitat

is not presently prudent for this species. Pursuant to 50 CFR

424.12(a)(1), a designation of critical habitat is not prudent when one

or both of the following situations exist--(1) the species is

threatened by taking or other human activity, and identification of

critical habitat can be expected to increase the degree of such threat

to the species, or (2) such designation of critical habitat would not

be beneficial to the species. As discussed under Factor B in the

``Summary of Factors Affecting the Species,'' Holy Ghost ipomopsis is

threatened by taking, an activity that is difficult to prevent and only

regulated by the Act with respect to plants in cases of (1) removal and

reduction to possession of listed plants from lands under Federal

jurisdiction, or their malicious damage or destruction on such lands;

and (2) removal, cutting, digging up, or damaging or destroying in

knowing violation of any state law or regulation, including state

criminal trespass law. Such provisions are difficult to enforce, and

publication of critical habitat descriptions and maps would make Holy

Ghost ipomopsis more vulnerable and increase enforcement problems. All

involved parties and principal landowners have been notified of the

location and importance of protecting this species' habitat. Protection

of this species' habitat will be addressed through the recovery process

and through section 7 consultation. Therefore, it would not now be

prudent to determine critical habitat for Holy Ghost ipomopsis.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Act include recognition, recovery actions,

requirements for Federal protection, and prohibitions against certain

practices. Recognition through listing encourages and results in

conservation actions by Federal, State, and private agencies, groups,

and individuals. The 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 and with respect to its critical

habitat if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(2) requires Federal agencies to ensure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of a listed species or to destroy or

adversely modify its critical habitat. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

Possible future Federal actions that could affect Holy Ghost

ipomopsis on the Santa Fe National Forest include road construction and

maintenance, aerial spraying of Bacillus thuringiensis to control

spruce budworm infestations, and fire suppression within the habitat

area.

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

17.62, and 17.63 set forth a series of general prohibitions and

exceptions that apply to all endangered plants. All trade 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 in interstate or foreign commerce, or remove and

reduce to possession the species from areas under Federal jurisdiction.

In addition, for endangered plants, the Act prohibits the malicious

damage or destruction on Federal lands and the removal, cutting,

digging up, or damaging or destroying of such plants in knowing

violation of any State law or regulation, including 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 species under certain circumstances. Such permits are

available for scientific purposes and to enhance the propagation or

survival of the species. It is anticipated that few trade permits would

ever be sought or issued because Holy Ghost ipomopsis is not common in

cultivation or in the wild. However, because of its beautiful and

uniquely colored flowers, local demands for garden cultivation may

increase as the species becomes better known. Requests for copies of

the regulations on listed species and inquiries regarding prohibitions

and permits may be addressed to the Office of Management Authority,

U.S. Fish and Wildlife Service, room 420C, 4401 N. Fairfax Drive,

Arlington, Virginia 22203 (703/541-2104; FAX 703/358-2281).

National Environmental Policy Act

The Fish and Wildlife Service has determined that Environmental

Assessments and Environmental Impact Statements, 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

Sivinski, R., and K. Lightfoot. 1991. Status report on Ipomopsis

sancti-spiritus. U.S. Fish and Wildlife Service, Albuquerque, New

Mexico. 17 pp.

Wilken, D.H., and R. Fletcher. 1988. Ipomopsis sancti-spiritus

(Polemoniaceae), a new species from northern New Mexico. Brittonia

40(1):48-51.

Wolf, P.G., P.S. Soltis, and D.E. Soltis. 1991. Genetic

relationships and patterns of allozymic divergence in the Ipomopsis

aggregata complex and related species (Polemoniaceae). American

Journal of Botany 78(4):515-526.

Author

The primary author of this final rule is Philip Clayton (see

ADDRESSES section).

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; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.12(h) by adding the following, in alphabetical

order under the family Polemoniaceae, 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 rules

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

Polemoniaceae--Phlo

x family:

* * * * * * *

Ipomopsis Holy Ghost U.S.A. (NM)....... E 535 NA NA

sancti- ipomopsis.

spiritus.

* * * * * * *

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Dated: March 7, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-6790 Filed 3-22-94; 8:45 am]

BILLING CODE 4310-55-P