Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for a Plant in the Wenatchee Mountains of Washington

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE32

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for a Plant in the Wenatchee Mountains of Washington

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

endangered species status pursuant to the Endangered Species Act of

1973, as amended (Act), for Sidalcea oregana var. calva (Wenatchee

Mountains checker-mallow). This plant is endemic to meadows that have

surface water or saturated soil in the spring and early summer at

middle elevations in the Wenatchee Mountains of Chelan County,

Washington. Although five populations of this plant are known, three of

these have very few individuals. The estimated total number of plants

is about 3,300. The primary threats to S. oregana var. calva include

alterations of hydrology, rural residential development and associated

activities, competition from native and alien plants, recreation, fire

suppression, and activities associated with fire suppression. To a

lesser extent, the taxon is threatened by livestock grazing, road

construction, and timber harvesting and associated impacts including

changes in surface-runoff in the small watersheds in which the plant

occurs. This proposal, if made final, would implement the Federal

protection and recovery programs of the Act for this plant.

DATES: Comments from all interested parties must be received by

September 30, 1997. Public hearing requests must be received by

September 15, 1997.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Supervisor, U.S. Fish and Wildlife Service, Western

Washington State Office, 510 Desmond Drive SE, Suite 102, Lacey, WA

98503. Comments and materials received will be available by appointment

for public inspection during normal business hours at the above

address.

nized as a distinct variety named S. oregana ssp. oregana var.

calva by Hitchcock and Kruckeberg (1957). Hitchcock and Cronquist

(1973) reduced S. oregana ssp. spicata to varietal status (S. oregana

var. spicata), thereby eliminating the need to include the subspecies

oregana as part of the scientific name for this taxon. No further

taxonomic revisions have been made for this taxon. In recent

discussions, knowledgeable individuals confirmed the distinctness of

this variety (Arthur Kruckeberg, Emeritus Professor of Botany,

University of Washington, pers. comm. 1995; John Gamon, Botanist,

Washington Natural Heritage Program, pers. comm. 1996).

A member of the mallow family (Malvaceae), Sidalcea oregana var.

calva is a perennial plant with a stout taproot that branches at the

root-crown and gives rise to several stems that are 20 to 150

centimeters (cm) (8 to 60 inches (in)) tall. Plants vary from glabrous

(lacking hairs and glands) to pubescent (hairy) or stellate (with star-

shaped hairs) below, finely stellate above, and have simple to compound

racemes of flowers with pink petals 1 to 2 cm (0.4 to 0.8 in) long. The

flowers are borne on stalks ranging from 1 to 10 millimeters (mm) (0.1

to 0.4 in) in length; the calyx (outer whorl of floral parts) ranges

from uniformly finely stellate to bristly with a mixture of longer,

simple to four-rayed, spreading hairs sometimes as long as 2.5 to 3 mm

(0.1 to 0.12 in) (Hitchcock and Cronquist 1961). Flowering begins in

the middle of June and peaks in the middle to end of July. Fruits are

ripe by August. Sidalcea oregana var. calva is similar morphologically

to S. oregana var. procera, which occurs in the same general region but

with a more southerly distribution. Sidalcea oregana var. calva can be

distinguished from var. procera by the type and degree of pubescence on

the stems and calyx and its large, fleshy, basal leaves, which are

smooth to the touch on both surfaces (Gamon 1987)

August. Sidalcea oregana var. calva is similar morphologically

to S. oregana var. procera, which occurs in the same general region but

with a more southerly distribution. Sidalcea oregana var. calva can be

distinguished from var. procera by the type and degree of pubescence on

the stems and calyx and its large, fleshy, basal leaves, which are

smooth to the touch on both surfaces (Gamon 1987).

The site of the 1893 collection at Peshastin and three other early

(pre-1940) collections in the Peshastin area have not been relocated.

The location given for each of these early collections was too vague to

allow for relocation. Because much of the Peshastin and Leavenworth

area has been converted to orchards or other agricultural uses and

urban development, Sidalcea oregana var. calva likely has been

extirpated from this area. Three other occurrences thought to be

Sidalcea oregana var. calva were resurveyed and found to be S. oregana

var. procera (Gamon 1987). At three sites of S. oregana var. calva

discovered in 1984, no plants were found in 1987, possibly because the

one to three plants reported in 1984 went undetected (Gamon 1987).

Sidalcea oregana var. calva is known to occur at five sites. The

largest population, at Camas Land, occurs on private land and on State

of Washington land managed as a natural area by the Department of

Natural Resources (DNR). Based on a recent inventory, about 2,470

individuals occur on 36 hectares (ha) (90 acres (ac)) of DNR land

(Washington Natural Area Program 1997); these plants are thought to

represent about 75 percent of the Camas Land population (David

Wilderman, DNR, pers. comm. 1997). The second largest population,

discovered in 1987 on private land at Mountain Home Meadow, consists of

about 100 plants within a few hectares. Two other populations on Forest

Service lands have a total of seven plants. The fifth population, on

private land, has fewer than 30 plants. The estimated total number of

plants at the five sites is 3,300

tion (David

Wilderman, DNR, pers. comm. 1997). The second largest population,

discovered in 1987 on private land at Mountain Home Meadow, consists of

about 100 plants within a few hectares. Two other populations on Forest

Service lands have a total of seven plants. The fifth population, on

private land, has fewer than 30 plants. The estimated total number of

plants at the five sites is 3,300. The total area of the five sites is

about 50 ha (125 ac).

Sidalcea oregana var. calva is most abundant in moist meadows that

have surface water or saturated upper soil profiles during spring and

early summer, but it also occurs in open conifer stands dominated by

Pinus ponderosa (ponderosa pine) and Pseudotsuga menziesii (Douglas-

fir), and on the margins of shrub and hardwood thickets. Extant

populations of the taxon are found at elevations ranging from 600 to

1,000 meters (m) (1,900 to 4,000 feet (ft)). Soils are typically clay-

loams and silt-loams with low moisture permeability. Associated species

include Populus tremuloides (quaking aspen), Crataegus douglasii (black

hawthorn), Symphoricarpus albus (common snowberry), Amelanchier

alnifolia (serviceberry), Lathyrus pauciflorus (few-flowered peavine),

Wyethia amplexicaulis (northern mule's-ear), Geranium viscosissimum

(sticky purple geranium) and Veratrum californicum (California false

hellebore). Sixty percent of the S. oregana var. calva populations are

found in association with Delphinium viridescens (Wenatchee larkspur),

a former Federal candidate plant species.

Previous Federal Action

ry), Lathyrus pauciflorus (few-flowered peavine),

Wyethia amplexicaulis (northern mule's-ear), Geranium viscosissimum

(sticky purple geranium) and Veratrum californicum (California false

hellebore). Sixty percent of the S. oregana var. calva populations are

found in association with Delphinium viridescens (Wenatchee larkspur),

a former Federal candidate plant species.

Previous Federal Action

Federal action on Sidalcea oregana var. calva began as a result of

section 12 of the Endangered Species Act of 1973, which directed the

Secretary of the Smithsonian Institution to prepare a report on those

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, and included S. oregana var.

calva. The Service published a notice in the July 1, 1975, Federal

Register (40 FR 27823) of its acceptance of the report of the

Smithsonian Institution as a petition within the context of section

4(c)(2) (now section 4(b)(3) of the Act) and of its intent thereby to

review the status of S. oregana var. calva. On June 16, 1976, the

Service published a proposed rule in the Federal Register (41 FR 24523)

to determine approximately 1,700 vascular plant taxa to be endangered

species. This list, which included S. oregana var. calva, 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. The Service published

an updated notice of review for plants on December 15, 1980 (45 FR

82480). This notice included S. oregana var. calva as a category 1

candidate species. Category 1 candidates were defined as taxa for which

the Service had on file substantial information on biological

vulnerability and threats to support preparation of listing proposals.

The notice of review published on September 27, 1985 (50 FR 39526),

included Sidalcea oregana var

December 15, 1980 (45 FR

82480). This notice included S. oregana var. calva as a category 1

candidate species. Category 1 candidates were defined as taxa for which

the Service had on file substantial information on biological

vulnerability and threats to support preparation of listing proposals.

The notice of review published on September 27, 1985 (50 FR 39526),

included Sidalcea oregana var. calva as a category 2 candidate species.

Category 2 candidates were defined as taxa for which information in

possession of the Service indicated that proposing to list the taxa as

endangered or threatened was possibly appropriate, but for which

substantial data on biological vulnerability and threats were not

currently known or on file to support a listing proposal. This species

was designated as a category 2 candidate in the September 27, 1985,

notice of review because of improper identification and mistaken

beliefs regarding distribution at three locations in Kittitas County.

Subsequent notices of review published on February 21, 1990 (55 FR

6185), and September 30, 1993 (58 FR 51144), identified the plant as a

category 1 candidate species. Sidalcea oregana var. calva was included

as a candidate in the February 28, 1996, notice.

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

certain findings on pending petitions within 12 months of their

receipt. Section 2(b)(1) of the 1982 amendments further requires that

all petitions pending on October 13, 1982, be treated as having been

newly submitted on that date. This was the case for Sidalcea oregana

var. calva because the 1975 Smithsonian report had been accepted as a

petition. 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;

notification of this finding was published on January 20, 1984 (49 FR

2485)

his was the case for Sidalcea oregana

var. calva because the 1975 Smithsonian report had been accepted as a

petition. 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;

notification of this finding was published on January 20, 1984 (49 FR

2485). Such a finding requires the petition to be recycled, pursuant to

section 4(b)(3)(C)(i) of the Act. The finding was reviewed annually in

October of 1984 through 1996. Publication of this proposal constitutes

the final finding for the petitioned action.

Sidalcea oregana var. calva has a listing priority number of three.

The processing of this rule conforms with the Service's final listing

priority guidance published on December 5, 1996 (61 FR 64475). The

guidance clarifies the order in which the Service will process

rulemakings following two related events, the lifting, on April 26,

1996, of the moratorium on final listings imposed on April 10, 1995

(Public Law 104-6), and the restoration of significant funding for

listing through passage of the omnibus budget reconciliation law on

April 26, 1996, following severe funding constraints imposed by a

number of continuing resolutions between November 1995 and April 1996.

The guidance calls for giving highest priority to handling emergency

situations (Tier 1), second highest priority to resolving the listing

status of the outstanding proposed listings (Tier 2), and third highest

priority to resolving the conservation status of candidate species and

processing administrative findings on petitions to add species to the

lists or to reclassify threatened species to endangered status (Tier

3). This proposed rule falls under Tier 3.

Summary of Factors Affecting the Species

ity to resolving the listing

status of the outstanding proposed listings (Tier 2), and third highest

priority to resolving the conservation status of candidate species and

processing administrative findings on petitions to add species to the

lists or to reclassify threatened species to endangered status (Tier

3). This proposed rule falls under Tier 3.

Summary of Factors Affecting the Species

Section 4 of the Endangered Species Act (16 U.S.C. 1533) 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) of the Act. These factors and their applications to

Sidalcea oregana (Nutt) var. calva C.L. Hitchcock (Wenatchee Mountains

checker-mallow) are as follows:

A. The present or threatened destruction, modification, or curtailment

of its habitat or range.

All known sites and habitats for Sidalcea oregana var. calva have

undergone various alterations. Conversion of land to orchards or other

agricultural uses and residential development are thought to have

extirpated historical populations (Gamon 1987). Numerous houses already

exist at Camas Land, the site of the largest population of the taxon;

two houses have been built since 1987 (Ted Thomas, Service, pers. obs.

1995). Current threats to this population are posed by further

subdivision for residences and associated habitat modifications such as

alterations in hydrology, increased nutrient loads into the meadow from

septic systems, introduction of non-native grasses, conversion of

portions of the meadow to agricultural uses including pastureland and

gardens, access road construction, and trampling by people and off-road

vehicles (Gamon 1987; T. Thomas, pers. obs. 1995; David Wilderman, DNR,

pers. comm. 1997)

at modifications such as

alterations in hydrology, increased nutrient loads into the meadow from

septic systems, introduction of non-native grasses, conversion of

portions of the meadow to agricultural uses including pastureland and

gardens, access road construction, and trampling by people and off-road

vehicles (Gamon 1987; T. Thomas, pers. obs. 1995; David Wilderman, DNR,

pers. comm. 1997).

Natural drainage channels at Camas Land have been altered to direct

water away from the meadow for agricultural purposes (Gamon 1987; Richy

Harrod, U.S. Forest Service, pers. comm. 1996; D. Wilderman, pers.

comm. 1997). Alterations in hydrology threaten the species by changing

the amount, timing, duration, and/or frequency of the water supply to

the habitat for the taxon. Most individuals of Sidalcea oregana var.

calva in the Camas Land meadow are associated with the drainage

channels or areas which retain moisture longer (Gamon 1987).

Sheep, horses, and cows trample vegetation, compact soils, and

serve as vectors for introducing non-native plant seeds either directly

or through their feed. Portions of the meadow have also been seeded to

non-native grasses to increase forage for livestock. Sidalcea oregana

var. calva is generally absent from these areas except for occasional

individuals along the periphery, suggesting that the introduced species

have the ability to displace the taxon through competition for

nutrients or water (Gamon 1987; R. Harrod, pers. comm. 1996). Sod-

forming, non-native grasses have also been planted near residences from

which they are encroaching into the meadow (T. Thomas, pers. obs.

1995).

Recreational use of the meadow has had significant local impacts

and continues to impact the population of Sidalcea oregana var. calva

at Camas Land (Gamon 1987; D. Wilderman, pers. comm. 1997). A variety

of recreational activities occur including trailbike riding, bowhunting

competitions, and camping

r residences from

which they are encroaching into the meadow (T. Thomas, pers. obs.

1995).

Recreational use of the meadow has had significant local impacts

and continues to impact the population of Sidalcea oregana var. calva

at Camas Land (Gamon 1987; D. Wilderman, pers. comm. 1997). A variety

of recreational activities occur including trailbike riding, bowhunting

competitions, and camping. These activities contribute to the decline

of the species by causing trampling of plants and compaction of the

soil.

Timber harvest has occurred throughout the general Camas Land area

(R. Harrod, pers. comm. 1996). Local ground disturbance associated with

timber harvest, such as log yarding and slash disposal, probably poses

a greater threat than tree removal (Gamon 1987). Timber harvest may

also have long-term effects on hydrology in the small watershed.

The Camas Land population was also adversely impacted by fire

suppression activities associated with the Rat Creek Fire during the

fall of 1994 (Harrod 1994; T. Thomas, pers. obs. 1995). Several hundred

Sidalcea oregana var. calva plants were bladed by a bulldozer during

construction of a fire safety zone in a small drainage flowing into

Camas Land meadow. During a visit to the disturbed site in May of 1995,

no sprouts or seedlings of S. oregana var. calva were observed (T.

Thomas, pers. obs. 1995). The likelihood of recovery of S. oregana var.

calva within the disturbed portion of the population appears low (R.

Harrod, pers. comm. 1996).

A second population, at Mountain Home Meadow, was also adversely

impacted by fire suppression activities associated with the Rat Creek

Fire during 1994 (Harrod 1994). A fire safety area was constructed in

the wetland supporting this population of Sidalcea oregana var. calva.

Blading of the area by a bulldozer destroyed approximately 50 percent

(more than 100 plants) of the population, disturbed the soil, and

altered the hydrology of this wet meadow. One year after the

disturbance, no S. oregana var

ciated with the Rat Creek

Fire during 1994 (Harrod 1994). A fire safety area was constructed in

the wetland supporting this population of Sidalcea oregana var. calva.

Blading of the area by a bulldozer destroyed approximately 50 percent

(more than 100 plants) of the population, disturbed the soil, and

altered the hydrology of this wet meadow. One year after the

disturbance, no S. oregana var. calva plants were observed at this

location (T. Thomas, pers. comm. 1995). The likelihood of recovery of

the destroyed portion of this population appears low (R. Harrod, pers.

comm. 1996).

The potential for forest fires is high in the east side ponderosa

pine and Douglas-fir forest type. Because fires that threaten private

property and public structures will require suppression, the likelihood

for further direct disturbance to Sidalcea oregana var. calva

populations in the future remains high. In addition, fire may play a

role in the maintenance of suitable habitat for Sidalcea oregana var.

calva (Gamon 1987), and fire suppression has probably resulted in less

suitable habitat (R. Harrod, pers. comm. 1996). In the absence of fire,

conifer recruitment and woody plant invasion may reduce the amount of

habitat suitable for Sidalcea oregana var. calva by increasing

competition for light, nutrients, and/or water. A significant increase

in vegetative growth due to fire suppression outside of the immediate

habitat for S. oregana var. calva may also adversely affect habitat

suitability for the species by reducing the surface-runoff within the

small watersheds where it occurs.

Other current threats at Mountain Home Meadow, where the second

largest known population of Sidalcea oregana var. calva occurs, include

alteration of hydrology due to road construction, timber harvesting

activities, and inadvertent trampling of the small population by guests

at a

habitat

suitability for the species by reducing the surface-runoff within the

small watersheds where it occurs.

Other current threats at Mountain Home Meadow, where the second

largest known population of Sidalcea oregana var. calva occurs, include

alteration of hydrology due to road construction, timber harvesting

activities, and inadvertent trampling of the small population by guests

at a

nearby resort lodge. The hydrology of the site may be altered by the

main access road that borders the population on the west. Timber on the

ridge immediately west of the main access road was harvested in 1987.

This timber was within 50 m (164 ft) of the population and harvest

temporarily modified the hydrology by increasing water flow from the

hillside directly into the plant's habitat. Timber was harvested from

the ridge directly above and east of Mountain Home Meadow during the

summer of 1995 (R. Harrod, pers. comm. 1996). Construction activities

and facilities maintenance at the lodge may also alter the site

hydrology and adversely impact the S. oregana var. calva population at

this location (Gamon 1987; T. Thomas, pers. obs. 1995).

B. Overutilization for commercial, recreational, scientific, or

educational purposes

No evidence of over-collection of Sidalcea oregana var. calva by

botanists and/or horticulturists for scientific and commercial purposes

is known at this time. However, some populations are small enough that

even limited collecting pressure could have adverse impacts. Sidalcea

oregana var. calva is an attractive plant, and may be sought for

collection if its rarity and population locations become well known.

All perennial species in the genus are considered attractive, if not

choice, plants with horticultural potential (Hitchcock and Cronquist

1961, Gamon 1987, Hill 1993). Wild-collected seed of the species, S.

oregana (no variety given), is available through a seed exchange

program offered by an international gardening society (North American

Rock Garden Society (NARGS) 1996)

become well known.

All perennial species in the genus are considered attractive, if not

choice, plants with horticultural potential (Hitchcock and Cronquist

1961, Gamon 1987, Hill 1993). Wild-collected seed of the species, S.

oregana (no variety given), is available through a seed exchange

program offered by an international gardening society (North American

Rock Garden Society (NARGS) 1996). Livestock, especially sheep, have

grazed the Camas Land meadow complex, and the southeast portion of the

meadow is currently grazed by horses. Whether herbivory by livestock or

wildlife has adversely impacted the S. oregana var. calva population is

unknown, as is the potential threat herbivory may currently pose.

C. Disease or Predation

Individuals of Sidalcea oregana var. calva have been infested by

large numbers of aphids at the Camas Land and Mountain Home Meadow

populations (Gamon 1987). The effect of these aphids, or the

relationship of the aphids to Sidalcea oregana var. calva, is not

known. In 1987, weevils were observed to have eaten the majority of the

seeds that were produced (Gamon 1987); herbivory has also been observed

more recently (R. Harrod, pers. comm. 1996). Some grazing by horses and

wildlife (deer and elk) has been observed, although the impact from

grazing is unknown (Gamon 1987; R. Harrod, pers. comm. 1996).

D. The Inadequacy of Existing Regulatory Mechanisms

Sidalcea oregana var. calva is included on the Forest Service

Region 6 Sensitive Plant List and is listed as endangered by the DNR's

Natural Heritage Program (1994). There is no State Endangered Species

Act in the State of Washington and, therefore, the DNR designation

provides no legal protection for this species.

The Wenatchee National Forest has developed a draft conservation

agreement for another sensitive plant species, Delphinium viridescens,

which would indirectly provide some measures for conserving Sidalcea

oregana var. calva where the two taxa occur together

ate Endangered Species

Act in the State of Washington and, therefore, the DNR designation

provides no legal protection for this species.

The Wenatchee National Forest has developed a draft conservation

agreement for another sensitive plant species, Delphinium viridescens,

which would indirectly provide some measures for conserving Sidalcea

oregana var. calva where the two taxa occur together. Some protection

mechanisms discussed in the draft agreement have been implemented and

may serve to promote the recovery of S. oregana var. calva on Forest

Service land. However, this agreement has not been finalized, does not

address all of the threats to S. oregana var. calva, and is inadequate

to protect and recover the species throughout its range (Gamon 1987; J.

Gamon, pers. comm. 1996). Protection provided through this conservation

agreement would not extend to private or state-owned land, nor would it

protect the species from alteration of hydrology, residential

development and associated impacts, competition from non-native plants,

fire and/or fire suppression activities, insect outbreaks, and random

events.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Fewer than five individuals are present at each of two sites on

Forest Service land, and fewer than 30 individuals are present at one

of the sites on private land. When populations reach such low numbers,

their susceptibility to extirpation from deterministic and random

events increases (Gilpin and Soule 1986, Given 1994, Schemske et al.

1994). An outbreak of insects, soil disturbance from livestock grazing,

or a fire during the growing season of S. oregana var. calva could

extirpate these small populations or reduce the habitat suitability for

this taxon. The small, isolated nature of these populations may also

have an adverse effect on pollinator activity, seed dispersal, and gene

flow

ule 1986, Given 1994, Schemske et al.

1994). An outbreak of insects, soil disturbance from livestock grazing,

or a fire during the growing season of S. oregana var. calva could

extirpate these small populations or reduce the habitat suitability for

this taxon. The small, isolated nature of these populations may also

have an adverse effect on pollinator activity, seed dispersal, and gene

flow. Small populations may lose a large amount of genetic variability

because of genetic drift and therefore have a reduced likelihood of

long-term viability (Soule 1980 as cited in Lesica and Allendorf 1992).

The Mountain Home Meadow population has fewer than 100 plants and is

also susceptible to many of these same threats. An additional threat to

the Mountain Home Meadow population is dust from an adjacent gravel

road which may hinder pollination of the plants nearest the road (Gamon

1987).

The Service has carefully assessed the best scientific and

commercial information available concerning the past, present, and

future threats faced by this species in determining to propose this

rule. Based on this evaluation, the preferred course of action is to

list Sidalcea oregana var. calva as endangered. Alterations of

hydrology, development of property for residential and agricultural

use, habitat modification and/or destruction from fire suppression and

fire-suppression activities, competition with native and non-native

plant species, road construction and maintenance, and impacts from

recreational activities imperil the continued existence of this

species. The small populations of this species are particularly

susceptible to extirpation from random events. Sidalcea oregana var.

calva is known from only five populations. Two of these populations

have fewer than five individuals each, while one population has fewer

than 30 individuals. Another population has about 100 individuals

remaining after being reduced 50 percent by fire suppression

activities. The largest population has about 2,470 individuals

usceptible to extirpation from random events. Sidalcea oregana var.

calva is known from only five populations. Two of these populations

have fewer than five individuals each, while one population has fewer

than 30 individuals. Another population has about 100 individuals

remaining after being reduced 50 percent by fire suppression

activities. The largest population has about 2,470 individuals. Because

the taxon has been extirpated from numerous historical locations and is

in danger of extinction, the preferred action is to list S. oregana

var. calva as endangered. Other alternatives to this action were

considered but not preferred; not listing the taxon or listing it as

threatened would not be in accordance with the Act.

Critical Habitat

Critical habitat is defined in section 3 of the Act as: (i) the

specific areas within the geographical area occupied by a species, at

the time it is listed in accordance with the Act, on which are found

those physical or biological features (I) essential to the conservation

of the species and (II) that may require special management

consideration or protection and; (ii) specific areas outside the

geographical area occupied by a species at the time it is listed, upon

a determination that such areas are essential for the conservation of

the species. ``Conservation'' means the use

of all methods and procedures needed to bring the species to the point

at which listing under the Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for S.

oregana var. calva at this time

Act is no longer necessary.

Section 4(a)(3) of the Act, as amended, and implementing

regulations (50 CFR 424.12) require that, to the maximum extent prudent

and determinable, the Secretary designate critical habitat at the time

the species is determined to be endangered or threatened. The Service

finds that designation of critical habitat is not prudent for S.

oregana var. calva at this time. Service regulations (50 CFR

424.12(a)(1)) state that 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 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'' section, overutilization is not considered to be a threat

to the Sidalcea oregana var. calva at this time. Almost all of the

perennial taxa in the genus, however, are considered attractive, if not

choice, plants of horticultural value when in bloom (Hitchcock and

Cronquist 1961, Gamon 1987, Hill 1993). Although overutilization of S.

oregana var. calva is not currently thought to be a threat, wild-

collected seed of the species (no variety given) is available through

the seed exchange program of an international gardening society (NARGS

1996). Some populations are small enough that even limited collecting

pressure could have adverse impacts. The publication of precise maps

and descriptions of critical habitat in the Federal Register would make

these plants more vulnerable to incidents of collection and/or

vandalism and, therefore, could contribute to the decline of this

species and increase enforcement difficulties. The listing of this

species as endangered would publicize its rarity which could make these

plants more attractive to researchers or collectors of rare plants

tions of critical habitat in the Federal Register would make

these plants more vulnerable to incidents of collection and/or

vandalism and, therefore, could contribute to the decline of this

species and increase enforcement difficulties. The listing of this

species as endangered would publicize its rarity which could make these

plants more attractive to researchers or collectors of rare plants.

Furthermore, critical habitat designation for Sidalcea oregana var.

calva is not prudent due to lack of benefit. Only two populations occur

on Federal land, each with fewer than five individuals, and any action

that would adversely modify critical habitat also would jeopardize the

species. The designation of currently unoccupied habitat as critical

habitat for this species is unlikely because historical sites at which

the species is no longer found have either been converted to

residential or agricultural uses, or the habitat at these sites has

been altered to such an extent that conditions are no longer suitable

for the species. Service policy precludes the introduction of the

species into areas where it did not historically occur. The designation

of critical habitat, therefore, would not provide additional benefit

for this species beyond the protection afforded by listing.

Protection of the habitat of this species will be addressed through

the recovery process and through sections 6 and 7 of the Act. The

Service believes that Federal involvement in the areas where these

plants occur can be identified without the designation of critical

habitat. Because the publication of precise maps and descriptions of

critical habitat in the Federal Register would make these plants more

vulnerable to incidents of collection and/or vandalism and because of

lack of benefit, the Service finds that the designation of critical

habitat for these plants is not prudent at this time.

Available Conservation Measures

out the designation of critical

habitat. Because the publication of precise maps and descriptions of

critical habitat in the Federal Register would make these plants more

vulnerable to incidents of collection and/or vandalism and because of

lack of benefit, the Service finds that the designation of critical

habitat for these plants is not prudent at this time.

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 encourages and

results in public awareness and conservation actions by Federal, State,

and local agencies, private organizations, 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.

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)(4) of the Act requires Federal agencies to

confer with the Service on any action that is likely to jeopardize the

continued existence of a species proposed for listing, or result in

destruction or adverse modification of proposed critical habitat. If a

species is listed subsequently, 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 such a species

or destroy or adversely modify its critical habitat. If a Federal

action may affect a listed species or its critical habitat, the Federal

agency must enter into formal consultation with the Service, pursuant

to Section 7(a)(2) of the Act

requires Federal

agencies to ensure that activities they authorize, fund or carry out

are not likely to jeopardize the continued existence of such a species

or destroy or adversely modify its critical habitat. If a Federal

action may affect a listed species or its critical habitat, the Federal

agency must enter into formal consultation with the Service, pursuant

to Section 7(a)(2) of the Act.

Two of five populations of Sidalcea oregana var. calva are found

entirely on Federal lands managed by the Forest Service, while a third

population may lie partially on Forest Service land. The Forest Service

would be required to consult with the Service if any actions such as

timber harvesting, road construction, or grazing activities may affect

S. oregana var. calva. Other Federal agency actions that may require

conference and/or consultation include Army Corps of Engineers

authorization of projects affecting wetlands and other waters under

section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.),

Environmental Protection Agency authorization of discharges under the

National Pollutant Discharge Elimination System (NPDES), Natural

Resource Conservation Service projects, and Department of Housing and

Urban Development and Veterans Administration mortgage programs

(Federal Home Administration loans).

Listing of this plant would provide for development of a recovery

plan for the plant. Such a plan would identify both State and Federal

efforts for conservation of the plant and establish a framework for

agencies to coordinate activities and cooperate with each other in

conservation efforts. The plan would set recovery priorities and

describe site-specific management actions necessary to achieve

conservation and survival of the plant. Additionally, pursuant to

section 6 of the Act, the Service would be able to grant funds to

affected states for management actions promoting the protection and

recovery of this species

tivities and cooperate with each other in

conservation efforts. The plan would set recovery priorities and

describe site-specific management actions necessary to achieve

conservation and survival of the plant. Additionally, pursuant to

section 6 of the Act, the Service would be able to grant funds to

affected states for management actions promoting the protection and

recovery of this species.

The Act and its implementing regulations set forth a series of

general prohibitions and exceptions that apply to all endangered

plants. All prohibitions of section 9(a)(2) of the Act, implemented by

50 CFR 17.61 for endangered plants 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 the species from areas

under Federal jurisdiction. In addition, for plants listed as

endangered, the Act prohibits the malicious damage or destruction on

areas under Federal jurisdiction and the removal, cutting, digging up,

damaging, or destroying of such plants in knowing violation of any

State law or regulation, including State criminal trespass law. Certain

exceptions to the prohibitions

apply to agents of the Service and State conservation agencies.

It is the policy of the Service (59 FR 34272) to identify to the

maximum extent practicable at the time a species is listed those

activities that would or would not constitute a violation of section 9

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. Collection, damage, or destruction of these species

on Federal lands is prohibited, although in appropriate cases a Federal

endangered species permit may be issued for scientific or recovery

purposes

constitute a violation of section 9

of the Act. The intent of this policy is to increase public awareness

of the effect of the listing on proposed and ongoing activities within

a species' range. Collection, damage, or destruction of these species

on Federal lands is prohibited, although in appropriate cases a Federal

endangered species permit may be issued for scientific or recovery

purposes. Such activities on non-Federal land would constitute a

violation of section 9 if conducted in knowing violation of Washington

State law or regulations or in violation of State criminal trespass

law.

Activities that are in areas not under Federal jurisdiction, that

are in compliance with Washington State law, and that are in no way

related to a commercial activity involving these plants are not likely

to be violations of section 9. Questions regarding whether specific

activities will constitute a violation of section 9 should be directed

to the Field Supervisor of the Western Washington Office (see ADDRESSES

section).

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 the propagation or

survival of the species. 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, Permits Branch, 911 N.E. 11th Avenue, Portland, Oregon 97232-

4181 (telephone 503/231-6241; facsimile 503/231-6243).

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are solicited. Comments

particularly are sought concerning:

Public Comments Solicited

The Service intends that any final action resulting from this

proposal will be as accurate and as effective as possible. Therefore,

comments or suggestions from the public, other concerned governmental

agencies, the scientific community, industry, or any other interested

party concerning this proposed rule are solicited. Comments

particularly are sought concerning:

(1) Biological, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) The location of any additional populations of this species and

the reasons why any habitat should or should not be determined to be

critical habitat pursuant to section 4 of the Act;

(3) Additional information concerning the range, distribution, and

population size of this species; and

(4) Current or planned activities in the subject area and their

possible impacts on this species.

Any final decision on this proposal will take into consideration

the comments and any additional information received by the Service,

and such communications may lead to a final regulation that differs

from this proposal.

The Endangered Species Act provides for a public hearing on this

proposal, if requested. Requests must be received within 45 days of the

date of publication of this proposal in the Federal Register. Such

requests must be made in writing and be addressed to the Supervisor,

Western Washington Office (see ADDRESSES section).

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).

Required Determinations

pact 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).

Required Determinations

The Service has examined this regulation under the Paperwork

Reduction Act of 1995 and found it to contain no information collection

requirements.

References Cited

A complete list of all references cited herein is available upon

request from the Western Washington Office (see ADDRESSES section).

Authors: The primary author of this proposed rule is Ted Thomas,

Western Washington Office of the North Pacific Coast Ecoregion (see

ADDRESSES section).

List of subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby proposes to amend part 17,

subchapter B of chapter I, title 50 of the Code of Federal Regulations,

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

alphabetical order under Flowering Plants, to the list of Endangered

and Threatened plants:

Sec. 17.12 Endangered and threatened plants

* * * * *

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

alphabetical order under Flowering Plants, to the list of Endangered

and Threatened plants:

Sec. 17.12 Endangered and threatened plants

* * * * *

(h) * * *

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

Species

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

Scientific name Common name habitat rules

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

Flowering Plants.................

* * * * * * *

Sidalcea oregana var. calva...... Wenatchee Mountains U.S.A. (WA)........ Malvaceae.......... E ........... NA NA

checker-mallow.

* * * * * * *

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Dated: July 7, 1997

John G. Rogers

Acting Director, Fish and Wildlife Service

[FR Doc. 97-20368 Filed 7-31-97; 8:45 am]

BILLING CODE 4310-55-P