Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for the Plant Fritillaria Gentneri (Gentner's fritillary)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE75

Endangered and Threatened Wildlife and Plants; Proposed

Endangered Status for the Plant Fritillaria Gentneri (Gentner's

fritillary)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

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

amended (Act), for the plant, Fritillaria gentneri (Gentner's

fritillary (=Mission-bells)). It is endemic to Oregon and only found in

two counties, Jackson and Josephine. This taxa is threatened by

residential development, agricultural activities, silvicultural

activities, road and trail improvement, off-road vehicle use,

collection for gardens, and increased risk of extinction due to small

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

protection and recovery provisions afforded by the Act for this plant.

The Service seeks data and comment from the public on this proposal.

DATES: Comments from all interested parties received by May 22, 1998

will be considered by the Service. Public hearing requests must be

received by May 7, 1998.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Field Supervisor, Oregon State Office, U.S. Fish and

Wildlife Service, 2600 SE 98th Ave. Suite 100, Portland, OR 97266.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Andrew F. Robinson Jr., Botantist,

(see ADDRESSES section) (telephone 503/231-6179; facsimile 503/231-

6179).

SUPPLEMENTARY INFORMATION:

Background

and

Wildlife Service, 2600 SE 98th Ave. Suite 100, Portland, OR 97266.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Andrew F. Robinson Jr., Botantist,

(see ADDRESSES section) (telephone 503/231-6179; facsimile 503/231-

6179).

SUPPLEMENTARY INFORMATION:

Background

Fritillaria gentneri was discovered by the Gentner family and was

first named by Helen M. Gilkey (1951). The original location was in the

vicinity of Jacksonville, Jackson County, Oregon. It was previously

considered a form of Fritillaria recurva but Guerrant (1992) identified

Fritillaria gentneri as a separate species.

Fritillaria gentneri is in the family Liliaceae. It has a fleshy

bulb, robust stem, is 5 to 7 decimeters (dm) (19.7 to 27.6 inches (in))

high, glaucous (having a coating of bluish caste), and sometimes purple

mottled. The leaves are lanceolate (arrow shaped), sometimes linear, 7

to 15 centimeters (cm) (2.8 to 5.9 in) long, 0.7 to 1.5 cm (0.3 to 0.6

in) wide at the base, and they are often whorled. The flowers are

solitary or in bracted racemes (simply branched flower stem with a

small simple leaf at the base of each branch), one to five on long

pedicels (the stalk supporting a single flower). The campanulate (bell

shaped) corolla is 3.5 to 4 cm (1.4 to 1.6 in) long and is reddish

purple with pale yellow streaks (Gilkey 1951, Peck 1961, Meinke 1982).

Fritillaria gentneri (Gentner's fritillary) is endemic to Oregon

and known only from scattered localities in southwestern Oregon, along

the Rogue and Illinois River drainages in Josephine and Jackson

counties. Fritillaria gentneri occurs in rather dry open woodlands of

fir or oak at elevations below approximately 1,360 meters (m) (4,450

feet (ft)). The species is highly localized in a 48 kilometer (km) (30

mile (mi)) radius of Jacksonville Cemetery

Oregon

and known only from scattered localities in southwestern Oregon, along

the Rogue and Illinois River drainages in Josephine and Jackson

counties. Fritillaria gentneri occurs in rather dry open woodlands of

fir or oak at elevations below approximately 1,360 meters (m) (4,450

feet (ft)). The species is highly localized in a 48 kilometer (km) (30

mile (mi)) radius of Jacksonville Cemetery. Seventy-three percent of

the population of Fritillaria gentneri is distributed as a central

cluster of individuals located within an 11 km (7 mi) radius of the

Jacksonville Cemetery. The remaining plants occur as outliers of single

individuals or occasional clusters of individuals sparsely distributed

across the landscape.

To analyze the species' trend and status given this sparse

distribution, Fritillaria gentneri has been documented within 53 macro

plots, which cover all known occurrences within the species range. The

macro plot grid is based on dividing the landscape up into blocks

starting initially with the 7.5' quadrangle map grid developed by the

U.S. Geological Survey (USGS). Each 7.5' quadrangle map is further

divided up into 225 blocks that are 0.5 by 0.5 minutes of latitude and

longitude and approximately 64 hectares (ha) (157 acres (ac)) in size.

Each of the 64 ha blocks are further subdivided into 25 cells (macro

plots) that are 6 by 6 seconds of latitude and longitude (0.1 minute of

latitude or longitude or approximately 0.1 mi (2.56 ha (6.3 ac) each).

Each of the macro plots gets a unique code based on its latitude and

longitude locations. Part of the code is based on USGS Ohio coding

system for quadrangle maps. The rest of the code for identifying each

of the 5,625 macro plots found within each USGS quadrangle map was

developed by Dr. Andrew F. Robinson Jr. This system can be used any

place in the United States to determine the macro plot code for a

collection point based on the collection's point latitude and

longitude

ions. Part of the code is based on USGS Ohio coding

system for quadrangle maps. The rest of the code for identifying each

of the 5,625 macro plots found within each USGS quadrangle map was

developed by Dr. Andrew F. Robinson Jr. This system can be used any

place in the United States to determine the macro plot code for a

collection point based on the collection's point latitude and

longitude. Fritillaria gentneri has been reported from all 53 of the

identified macro plots but is extant in only 85 percent (45) of the

macro plots. It has been extirpated from 2 of the 40 macro plots found

within the central cluster, and nearly half (6) of the 13 occurrences

outside of the central cluster of the species.

Thirteen of the macro plots are on lands managed by the Medford

District of the Bureau of Land Management (BLM); 2 plots are on an

Oregon State Highway right-of-way, District 8; 3 plots are on lands

managed by Southern Oregon University; 7 plots are on lands managed by

the City of Jacksonville; and the other 25 plots are on lands under

private ownership. Approximately half of the species' current

distribution (20 out of 45 macro plots) is on private lands.

Plant number estimates from the 45 extant sampling units varied

from a low of 1 to a high of 100 (Pelton Road) individual plants within

a macro plot. Estimated species population size from the 45 macro plots

is 340 flowering plants, with 12 of the macro plots having only one

plant each. The amount of habitat occupied within the macro plot varied

from 1 square meter (10.75 square feet) to 1.2 hectares (3 ac).

Fritillaria gentneri ranges from approximately 180 to 1,360 m (600

to 4,450 ft) in elevation

individual plants within

a macro plot. Estimated species population size from the 45 macro plots

is 340 flowering plants, with 12 of the macro plots having only one

plant each. The amount of habitat occupied within the macro plot varied

from 1 square meter (10.75 square feet) to 1.2 hectares (3 ac).

Fritillaria gentneri ranges from approximately 180 to 1,360 m (600

to 4,450 ft) in elevation. Fritillaria gentneri is found in three

habitat types: oak woodlands that are dominated by Oregon white oak

(Quercus garryana); a mixed hardwood forest type dominated by

California black oak (Quercus kelloggii), Oregon white oak, and madrone

(Arbutus menziesii); and coniferous forested areas dominated by madrone

and Douglas-fir (Pseudotsuga menziesii) (J. Kagan, Oregon Natural

Heritage Program, Portland, Oregon, pers. comm. 1997).

Fritillaria gentneri typically grows in or on the edge of open

woodlands with Oregon white oak and madrone as the most common

overstory plants. Western yellow pine (Pinus ponderosa) and Douglas-fir

are also frequently present. White-leaved manzanita (Arctostaphylos

viscida), buckbrush

(Ceanothus cuneatus), snowbrush (C. velutinus), plume tree (Cercocarpus

betuloides), Sadler oak (Quercus sadleriana), and poison oak (Rhus

diversiloba) are commonly encountered understory shrub species. Herb

and forb layers are typical of those found in the Rogue Valley

foothills: ashy rock cress (Arabis subpinnatifida), Rouge River

milkvetch (Astragalus accidens hendersoni), fringed brome (Bromus

ciliatus), Henderson's shootingstar (Dodecatheon hendersoni),

California fescue (Festuca californica), Idaho fescue (F. idahoensis),

woods strawberry (Fragaria vesca bracteata), mission bells (Fritillaria

lanceolata), scarlet fritillaria (F

und in the Rogue Valley

foothills: ashy rock cress (Arabis subpinnatifida), Rouge River

milkvetch (Astragalus accidens hendersoni), fringed brome (Bromus

ciliatus), Henderson's shootingstar (Dodecatheon hendersoni),

California fescue (Festuca californica), Idaho fescue (F. idahoensis),

woods strawberry (Fragaria vesca bracteata), mission bells (Fritillaria

lanceolata), scarlet fritillaria (F. recurva), lewisia (Lewisia spp.),

fineleaf biscuit-root (Lomatium utriculatum), Sandberg's bluegrass (Poa

sandbergii), western buttercup (Ranunculus occidentalis), Suksdorf's

romanzoffia (Romanzoffia suksdorfii), groundsel (Senecio spp.),

checker-mallow (Sidalcea spp.), Lemmon's needle grass (Stipa lemmonii),

and American vetch (Vicia americana). Fritillaria gentneri can also

grow in open chaparral/grassland habitat, which is often found within

or adjacent to the mixed hardwood forest type, but always where some

wind or sun protection is provided by other shrubs. It does not grow on

extremely droughty sites. For unknown reasons, much apparently suitable

habitat within the species range is unoccupied.

Rolle (1988e) stated that Fritillaria gentneri often grows in

places that have experienced human disturbance and eventually became

revegetated (e.g., old road cuts, alongside trails, bulldozer routes,

old mounds left from past mining or other earth moving activities). At

least 50 percent of the sites Rolle (1988e) has seen exhibited signs of

previous disturbance. Earth-moving activity could spread bulblets and

increase populations, but this has not been documented. The species

seems to require some infrequent but regular level of disturbance such

as would have occurred under the historic pattern of fire frequency in

the Rogue and Illinois River valleys. Fritillaria gentneri is not an

early colonizer of these sites but eventually takes advantage of the

opening or edge effect created

ad bulblets and

increase populations, but this has not been documented. The species

seems to require some infrequent but regular level of disturbance such

as would have occurred under the historic pattern of fire frequency in

the Rogue and Illinois River valleys. Fritillaria gentneri is not an

early colonizer of these sites but eventually takes advantage of the

opening or edge effect created. It appears to be a mid-successional

species in that it establishes in areas after other plants have

colonized a disturbed area, but before taller more mature vegetation

types become established and shade it out.

Fritillaria gentneri is a perennial species that reproduces

asexually by bulblets. The bulblets break off and form other plants.

Fritillaria gentneri can reproduce sexually as well (Guerrant, Berry

Botanic Garden Portland, Oregon, pers. comm. 1997). Guerrant believes

that the pollinators are hummingbirds or bumble bees. Guerrant (1992)

sampled eight clusters and found a few plants that had seeds but there

were not any obvious embryos. He stated that Fritillaria gentneri may

possibly be sterile, that the plant is largely reproducing asexually,

and that the sexual reproduction of the plant needs to be better

documented.

Previous Federal Action

Federal government actions on Fritillaria gentneri began as a

result of section 12 of the Endangered Species Act of 1973, (Act) as

amended (16 U.S.C. 1531 et seq.), 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 Fritillaria gentneri as a

threatened species

red Species Act of 1973, (Act) as

amended (16 U.S.C. 1531 et seq.), 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 Fritillaria gentneri as a

threatened species. The Service published a notice on 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) (petition provisions are now found in section 4(b)(3) of the

Act) and its intention thereby to review the status of the plant taxa

named therein.

Fritillaria gentneri was initially included as a Category 2

candidate in a Notice of Review published by the Service on December

15, 1980 (45 FR 82510). Category 2 candidate species were taxa for

which data in the Service's possession indicated listing may be

appropriate, but for which additional data on biological vulnerability

and threats were needed to support a proposed rule. On September 30,

1993 (58 FR 51166), the Service published a Notice of Review upgrading

this species to a Category 1 status. Category 1 candidates were those

for which the Service had sufficient information on biological

vulnerability and threats to support proposals to list them as

endangered or threatened species. Upon publication of the February 28,

1996 notice of review (61 FR 7596), the Service ceased using category

designations and included Fritillaria gentneri as a candidate species.

Candidate species are those for which the Service has on file

sufficient information on biological vulnerability and threats to

support proposals to list the species as threatened or endangered.

Fritillaria gentneri was retained as a candidate species in the

September 19, 1997, Review of Plant and Animal Taxa (62 FR 49398)

designations and included Fritillaria gentneri as a candidate species.

Candidate species are those for which the Service has on file

sufficient information on biological vulnerability and threats to

support proposals to list the species as threatened or endangered.

Fritillaria gentneri was retained as a candidate species in the

September 19, 1997, Review of Plant and Animal Taxa (62 FR 49398).

The processing of this proposed rule conforms with the Service's

final listing priority guidance published in the Federal Register on

December 6, 1996 (61 FR 64475) and extended on October 23, 1997 (62 FR

55268). The guidance clarifies the order in which the Service will

process rulemakings. The guidance calls for giving highest priority to

handling emergency situations (Tier 1), second highest priority (Tier

2) to resolving the listing status of the outstanding proposed

listings, and third priority (Tier 3) to new proposals to add species

to the list of threatened and endangered plants and animals. This

proposed rule constitutes a Tier 3 action.

Summary of Factors Affecting the Species

Section 4 of the Act 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 endangered or threatened due to one or more of the five factors

described in section 4(a)(1). These factors and their application to

the Fritillaria gentneri are as follows:

A. The Present or Threatened Destruction, Modification, or

Curtailment of its Habitat or Range

The term ``development'' used here includes housing construction,

such as driveway placement, lots for sale, cemetery expansion, trail

maintenance, road widening, power line maintenance, water system

construction, and agricultural conversions.

Fritillaria gentneri is found only in the rural foothills of the

Rogue and Illinois River valleys in Jackson and Josephine counties,

Oregon

or Range

The term ``development'' used here includes housing construction,

such as driveway placement, lots for sale, cemetery expansion, trail

maintenance, road widening, power line maintenance, water system

construction, and agricultural conversions.

Fritillaria gentneri is found only in the rural foothills of the

Rogue and Illinois River valleys in Jackson and Josephine counties,

Oregon. Within this range, the plant occurs as lone individuals or

small clusters of individuals sparsely distributed across the landscape

which together are thought to form one single population of

approximately 340 plants. This species was originally documented to

occur in 53 locations (referenced as ``macro plots'' in the BACKGROUND

section of this notice). Between 1941 and today, the plant has been

lost from eight of these sites. Three locations, Grants Pass, Medford,

and Murphy, were vague locations and have never been relocated since

the original collections by Gentner (1941, 1948-50) and Gilkey (1951).

Those locations were probably destroyed by development. However, since

1982, Kagan and Rolle documented losses due to construction for homes

and schools, associated roads, driveways, and agricultural conversions

which destroyed all the plants occurring within the following five

locations: Lyman Mountain (Kagan 1982g and pers. comm. 1997; Rolle

1988f), Merlin (Kagan 1982a and pers. comm. 1997), Ramsey Road (Kagan

1982f and pers. comm. 1997), State Highway 238 (Gentner 1948, Kagan

1982c and pers. comm. 1997), and Winona (Kagan 1982b and pers. comm.

1997).

Habitat loss due to ongoing or future development threatens the

central core area of this species. Habitat loss may occur in 42 percent

in (Kagan 1982g and pers. comm. 1997; Rolle

1988f), Merlin (Kagan 1982a and pers. comm. 1997), Ramsey Road (Kagan

1982f and pers. comm. 1997), State Highway 238 (Gentner 1948, Kagan

1982c and pers. comm. 1997), and Winona (Kagan 1982b and pers. comm.

1997).

Habitat loss due to ongoing or future development threatens the

central core area of this species. Habitat loss may occur in 42 percent

(19) of the occupied sites (macro plots) within the foreseeable future.

Ongoing development accounts for 13 percent (6 sites) of the

anticipated habitat loss, while future development may include loss of

habitat for the other 29 percent (13) of the occupied sites; most

development will occur within the central core area.

Ongoing development is threatening populations of Fritillaria

gentneri that occur in six locations. Rolle (1988b) noted that at

Pelton Road, outside the core area, destruction of the habitat was

taking place as he was sampling the cluster. On that site visit, Rolle

(1988b) reported 60 flowering plants and 200 non-flowering plants,

noting that it was the best example of Fritillaria gentneri that he had

seen. During his observation, he noted that brush was being piled upon

the plants for a road widening project. Of the 48 plants flagged, 23

individuals were missing when Rolle (1988d) returned to collect seeds.

In 1990, Guerrant (1990) reported only 50 to 100 plants at the Pelton

Road site. According to Rolle (U.S. Forest Service, Ashland, Oregon,

pers. comm. 1997) one-quarter of the cluster has been destroyed as a

result of road widening. It is not known what happened to the other

missing plants. Within the core area, at the Jackson County Landfill,

at least half of the Fritillaria gentneri plants in one of the five

sites that occur at the dump was bulldozed as a result of road

construction and dump expansion in 1988 (Rolle 1988d). Near the

entrance to Jackson County Landfill, Rolle (1988a) reported four plants

present

ening. It is not known what happened to the other

missing plants. Within the core area, at the Jackson County Landfill,

at least half of the Fritillaria gentneri plants in one of the five

sites that occur at the dump was bulldozed as a result of road

construction and dump expansion in 1988 (Rolle 1988d). Near the

entrance to Jackson County Landfill, Rolle (1988a) reported four plants

present. In 1988, Rolle (1988d) flagged three of these plants and

reported that two of the plants were bulldozed. Guerrant (pers. comm.

1997) reported that the dump is still expanding and heading toward

other Fritillaria gentneri plants, but destruction has stopped just

short of destroying the rest of the plants.

Future development may include loss of about 29 percent (13

locations) of the species from the central core area that include

plants growing in the Bellinger Hill, Britt Grounds, Jacksonville

Cemetery, Placer Hill Drive, and Sterling Creek Road. Rolle (pers.

comm. 1997) stated that part of the Bellinger Hill plants occurred in a

private individuals' backyard. At the time of the sighting, that

section of the backyard was not maintained, therefore allowing

Fritillaria gentneri to grow. The other plants were in an area where

housing development was occurring (Rolle pers. comm. 1997). On Britt

Grounds, 110 plants of Fritillaria gentneri were documented in 1993

(Tomlins 1993) on 39 hectares (97 ac) of land managed by BLM or

Southern Oregon University. Trail construction and construction of the

city water line threaten the Britt Grounds plants. Maxxon (1985)

reported that there were approximately 50 plants in the Jacksonville

Cemetery area with approximately half of the cluster (18-24 plants) on

private land east of the northeast corner of the cemetery property.

Kagan (pers. comm. 1997) reported that the city is currently developed

up to the eastern side of the cemetery, and probably those 18 to 24

plants have been lost

nds plants. Maxxon (1985)

reported that there were approximately 50 plants in the Jacksonville

Cemetery area with approximately half of the cluster (18-24 plants) on

private land east of the northeast corner of the cemetery property.

Kagan (pers. comm. 1997) reported that the city is currently developed

up to the eastern side of the cemetery, and probably those 18 to 24

plants have been lost. Within the cemetery proper, Maxxon (1985) mapped

the location of 12 plants that occur on the cemetery lots. As the

cemetery fills up, additional plants may be destroyed during the

excavation; at least eight plants mapped by Maxxon (1985) currently

grow on unused burial lots. West and uphill from the cemetery, Rolle

(1988g) documented that there were 15 or so plants at scattered

stations along the trail system. Any additional trail construction may

destroy some of these plants. In 1988, Rolle (1988g) found six

flowering plants of Fritillaria gentneri along Placer Hill Drive and

flagged five of the plants. On returning, he discovered that a new

driveway was scheduled to be constructed which would go through the

Placer Hill Drive location (Rolle 1988d). In 1992, some plants remained

on the site (Guerrant 1992), but today the property is for sale (Rolle,

pers. comm. 1997, & Guerrant, pers. comm. 1997). Similarly, Rolle

(pers. comm. 1997) reported that the Sterling Creek plants occur on

40.4 square meters (less than .01 acre) and that this area is

threatened by development. The most threatened areas are on private

lands where development poses an immediate threat to the population. Of

the 45 extant locations, 25 occur on private lands and are unlikely to

remain over the long term.

The threat of habitat loss to Fritillaria gentneri is evident when

both the size and the state of the scattered clusters throughout the

species range are examined. Cluster sizes range from 1 plant to 100

areas are on private

lands where development poses an immediate threat to the population. Of

the 45 extant locations, 25 occur on private lands and are unlikely to

remain over the long term.

The threat of habitat loss to Fritillaria gentneri is evident when

both the size and the state of the scattered clusters throughout the

species range are examined. Cluster sizes range from 1 plant to 100. Of

the 45 macro plots currently occupied by Fritillaria gentneri, only 8

had occupied habitat that was equal to or greater than 0.4 ha (1 ac).

Many are smaller than 0.04 ha (0.1 ac). With such limited area, a small

amount of disturbance could extirpate all of the plants in a local

area.

Activities that remove desirable habitat on public lands are still

occurring. Joan Seevers (BLM, Medford, Oregon, pers. comm. 1997)

confirmed that of the 13 sites containing plants on BLM lands, 7 were

threatened with logging. Tomlins (1993) stated that salvage logging had

disturbed some of the plants at Britt Grounds. Seevers (pers. comm.

1997) also reported that Britt Grounds and Sterling Mine ditch had

trails near the cluster of plants. Hikers, bikers, and horseback riders

use the trails and threaten the site by picking and trampling of

Fritillaria gentneri . At Antioch Road 2, Henshel (1994c) noted that

the plants were located on either side of a dirt bike trail.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

Britt Grounds and Sterling Mine ditch had

trails near the cluster of plants. Hikers, bikers, and horseback riders

use the trails and threaten the site by picking and trampling of

Fritillaria gentneri . At Antioch Road 2, Henshel (1994c) noted that

the plants were located on either side of a dirt bike trail.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

According to Gilkey (1951), Fritillaria gentneri was successfully

grown in a garden and used in flower arrangements. Therefore,

collection of the species is a concern. This native lily is an

attractive plant which makes it noticeable and more likely to be

collected. Its noted rarity also makes it susceptible to collection

from horticulturists seeking to cultivate rare species. Furthermore,

Fritillaria gentneri has a very poor viable seed set and much of the

capsule is eaten by wildlife prior to seed maturation (Rolle 1988d).

Thus, there is even greater pressure to dig the bulbs by collectors,

since seed collection & germination may not be a feasible option.

Twenty-two (43 percent) of the known sites had 3 or fewer individuals.

Because the species occurs in small, isolated clusters, a collector

could decimate an entire clump in one gathering, extirpating the plant

from that area. Kagan (1982d), Rolle (1988c, pers. comm.1997), and

Guerrant (pers. comm. 1997) documented that 40 percent of the total

estimated number of plants (136) have a good potential for roadside

collection. The plants are visible from the road at Logtown Cemetery,

Paradise Ranch Road, Pelton Road, Placer Hill Drive, Poorman's Gulch,

Sailor Gulch, Sterling Creek Road, and Wagon Trail Drive and when

flowering, could attract some attention (Guerrant pers. comm. 1997).

Collecting has been documented in Britt Grounds (Tomlins 1993, Joan

Seever pers. comm. 1997) along the trails.

C. Disease or Predation

hids, and rhododendrons from collection

by horticulturists interested in these species' domestication. The

Oregon Wildflower Law prohibits the collection of wildflowers within

60.9 m (200 ft) of a State highway. Although protective in spirit, the

Oregon Wildflower Law carries minimal penalties and is rarely enforced.

As a means of protecting Fritillaria gentneri, it has minimal

effectiveness.

In 1987, Oregon Senate Bill 533 (ORS 564.100) was passed to augment

the legislative actions available for the protection of the State's

threatened and endangered species, both plant and animal. This bill,

known as the Oregon Endangered Species Act, mandated responsibility for

threatened and endangered plant species in Oregon to the Oregon

Department of Agriculture (ODA).

The Oregon Endangered Species Act directs the ODA to maintain a

strong program to conserve and protect native plant species threatened

or endangered with extinction. Fritillaria gentneri is State-listed as

endangered, receiving protection on State-managed lands under the

Oregon Endangered Species Act. Although the ODA is able to regulate the

import, export, or trafficking of State-listed plant species (under ORS

564.120), their ability to protect plant populations is limited to

State-owned or State-leased lands. Private owners are not required to

protect State-listed species. As a result, occurrences of Fritillaria

gentneri on private lands receive no protection from their State status

as endangered. Plants growing at the Log Town Cemetery are on an Oregon

Department of Transportation right-of-way and this is the only site

that falls under protection of the Oregon Endangered Species Act.

Fritillaria gentneri is classified by the Oregon Natural Heritage

Program as a G1 category, which identifies taxa that are threatened

with extinction throughout their entire range. This species category

recognizes globally rare species, but provides no protection

partment of Transportation right-of-way and this is the only site

that falls under protection of the Oregon Endangered Species Act.

Fritillaria gentneri is classified by the Oregon Natural Heritage

Program as a G1 category, which identifies taxa that are threatened

with extinction throughout their entire range. This species category

recognizes globally rare species, but provides no protection.

The primary inadequacy in the existing regulations pertains to

plant sites located on private lands that currently receive no

protection from threats to their existence. Privately-held sites

constitute a significant portion of this species' range and play a

substantial role in their continued existence.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Succession caused by fire suppression is allowing Fritillaria

gentneri's preferred open oak woodland habitat to close in and exclude

the species, while the increase of homes in the area makes prescribed

burning difficult. According to Rolle (pers. comm. 1997 ) and Kagan

(pers. comm. 1997), Fritillaria gentneri grows best in forest openings

and closure of the canopy due to successional occurrence can result in

shading of the plants. The closure of the forest canopy by the

encroachment of Douglas fir and madrone at the Wagon Trail site is

currently occurring and threatens the continued occupancy of this macro

plot by the 14 Fritillaria gentneri plants (Rolle, pers. comm. 1997).

The oak woodland habitat requires a frequent, low intensity fire

management regime to maintain the open canopy. Southeastern Oregon

averages 500 dry lightening strikes a month during drought conditions

in the summer, creating a natural fire frequency of every 12 to 15

years. When the area became developed, 50 to 60 years of fire

suppression began. This suppression essentially transformed the

traditional oak woodlands with a grassy understory to oak woodlands

with a shrub understory

in the open canopy. Southeastern Oregon

averages 500 dry lightening strikes a month during drought conditions

in the summer, creating a natural fire frequency of every 12 to 15

years. When the area became developed, 50 to 60 years of fire

suppression began. This suppression essentially transformed the

traditional oak woodlands with a grassy understory to oak woodlands

with a shrub understory. With the current trend toward rural

development, it has now become increasingly difficult to restore fire

to the habitat. Therefore, although much of the species' habitat has

not been developed, it has changed to densely closed woodland with a

dry shrub understory. However, prescribed fire would be a good tool in

managing for Fritillaria gentneri on BLM lands. Given that fire

suppression will likely continue, the effects of succession pose a

threat to Fritillaria gentneri on both private and BLM lands.

Another threat to Fritillaria gentneri is the possibility of

decreased vigor and viability due to the sparsely distributed clusters

ranging from 1 plant to 100 plants. Small numbers and disjunct

individuals increase the risk of stochastic loss through genetic or

demographic factors. Small clusters may be genetically depauperate as a

result of changes in gene frequencies, owing to founder effects or

inbreeding. If a population suffers from inbreeding depression, then

its short-term viability may be compromised. The effects of inbreeding

in populations have been used to recommend a general effective minimal

viable population (MVP) of 50 individuals (Falk and Hoslinger 1991).

For long-term evolutionary flexibility a MVP of 500 is suggested. That

means that any population below 50 is subject to genetic depression

over the short-term and any population under 500 will suffer over the

long-term. Even though the size at which a population begins to face

severe genetic depression is still contested, the negative genetic

effects of this to a small population of 340 plants become difficult to

ignore

exibility a MVP of 500 is suggested. That

means that any population below 50 is subject to genetic depression

over the short-term and any population under 500 will suffer over the

long-term. Even though the size at which a population begins to face

severe genetic depression is still contested, the negative genetic

effects of this to a small population of 340 plants become difficult to

ignore.

With 44 of the 45 sites containing so few individuals of

Fritillaria gentneri plants, the threat of extinction due to

demographic and naturally occurring events can play a significant role

in the viability of the species as a whole. Four of the sites had 11 to

34 flowering plants and only 1 had 100 flowering plants. The rest had

10 flowering plants or fewer. Due to the small area occupied by the

majority of Fritillaria gentneri, naturally occurring environmental

events could play a role in extirpation. Small clusters can disappear

with one environmental event. The sites are small and isolated from

each other due to habitat fragmentation. This isolation could inhibit

re-colonization to other suitable areas and could result in a permanent

loss of localized occurrences once they fall below a critical level.

Herbicide spraying could play an important role in extirpation of

small, localized occurrences that are found along roadsides.

Approximately 29 percent (13) of the plant occurrences are reported

along roadsides and could be affected or potentially extirpated by

spraying or other roadside maintenance activities.

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

propose this rule. Based on this evaluation, the Service proposes to

list the Fritillaria gentneri as endangered.

Critical Habitat

ed or potentially extirpated by

spraying or other roadside maintenance activities.

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

propose this rule. Based on this evaluation, the Service proposes to

list the Fritillaria gentneri as endangered.

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 provisions of section 4 of

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 considerations 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 that are necessary to bring the species to the

point at which the measures provided pursuant to the Act are 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

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

proposes to find that designation of critical habitat is not prudent

for Fritillaria gentneri. Service regulations (50 CFR 424.12 (a)(1))

state that the designation of critical habitat is not prudent when one

or both of the following situations exist: (i) 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 (ii) such designation of critical habitat would not be

beneficial to the species

ions (50 CFR 424.12 (a)(1))

state that the designation of critical habitat is not prudent when one

or both of the following situations exist: (i) 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 (ii) such designation of critical habitat would not be

beneficial to the species.

There would be little if any additional conservation benefit to the

species from a critical habitat designation covering the 25 sites that

occur on private lands, even if sometime in the future there is

additional Federal involvement through permitting or funding, such as

through Federal Department of Housing and Urban Development or the

Federal Highway Administration. Federal involvement, where it does

occur, can be identified without the designation of critical habitat

because interagency coordination requirements as required by section 7

of the Act are already in place. The Fish and Wildlife Coordination Act

(FWCA) for example, requires that any federally funded or permitted

water resource development proposal or project be consulted on with the

Service and State conservation agencies. Designating critical habitat

would not create a management plan for the plant, or establish

numerical population goals for long-term survival of the species nor

directly affect areas not designated as critical habitat.

There would be no benefit from critical habitat designation for

those sites on BLM (i.e. Federal) land as BLM is currently aware of the

plant's occurrence and would be subject to section 7 consultation as a

result of the listing for any activity it authorized, funded, or

carried out. The designation would not increase their commitment or

management efforts. Protection of Fritillaria gentneri will most

effectively be addressed through the recovery process and the section 7

consultation process

as BLM is currently aware of the

plant's occurrence and would be subject to section 7 consultation as a

result of the listing for any activity it authorized, funded, or

carried out. The designation would not increase their commitment or

management efforts. Protection of Fritillaria gentneri will most

effectively be addressed through the recovery process and the section 7

consultation process.

Section 7 of the Act requires that Federal agencies refrain from

contributing to the destruction or adverse modification of critical

habitat in any action authorized, funded or carried out by such agency

(agency action). This requirement is in addition to the section 7

prohibition against jeopardizing the continued existence of a listed

species, and it is the only mandatory legal consequence of a critical

habitat designation. Implementing regulations (50 CFR part 402.02)

define ``jeopardize the continuing existence of'' and ``destruction or

adverse modification of'' in very similar terms. To jeopardize the

continuing existence of a species means to engage in an action ``that

reasonably would be expected to reduce appreciably the likelihood of

both the survival and recovery of a listed species.'' Destruction or

adverse modification of habitat means an ``alteration that appreciably

diminishes the value of critical habitat for both the survival and

recovery of a listed species.'' Common to both definitions is an

appreciable detrimental effect to both the survival and the recovery of

a listed species. In the case of adverse modification of critical

habitat, the survival and recovery of the species has been appreciably

diminished by reducing the value to the species' designated critical

habitat. An action resulting in adverse modification also would

jeopardize the continued existence of the species concerned

iable detrimental effect to both the survival and the recovery of

a listed species. In the case of adverse modification of critical

habitat, the survival and recovery of the species has been appreciably

diminished by reducing the value to the species' designated critical

habitat. An action resulting in adverse modification also would

jeopardize the continued existence of the species concerned.

The Service acknowledges that critical habitat designation, in some

situations, may provide some value to the species by identifying areas

important for species conservation and calling attention to those areas

in special need of protection. Critical habitat designation of

unoccupied habitat may also benefit a species by alerting permitting

agencies to potential sites for reintroduction and allow them the

opportunity to evaluate proposals that may affect these areas. However,

in this case, the existing sites of Fritillaria gentneri are either

currently known by the BLM and private landowners, or the appropriate

landowners will be notified prior to publication of the proposed rule.

If future management actions include unoccupied habitat, any benefit

provided by designation of such habitat as critical will be

accomplished more effectively and efficiently with the current

coordination process.

Designation of critical habitat for this species would

substantially increase the threat of collection. Fritillaria gentneri

is a lily, which is attractive and noticeable and likely to be

collected. Gilkey has documented that Fritillaria gentneri was

successfully collected and grown in a garden and used in flower

arrangements. More recent collection of this species on Britt Grounds,

which is BLM land, also has been documented (Tomlins 1993, Joan Seever

pers. comm. 1997). Hitchcock (1971) noted that Fritillaria species are

rather attractive in the native garden but that digging of the bulbs

should be discouraged as the species are fast disappearing from much of

their range

a garden and used in flower

arrangements. More recent collection of this species on Britt Grounds,

which is BLM land, also has been documented (Tomlins 1993, Joan Seever

pers. comm. 1997). Hitchcock (1971) noted that Fritillaria species are

rather attractive in the native garden but that digging of the bulbs

should be discouraged as the species are fast disappearing from much of

their range. The North American Rock Garden Society (NARGS 1998)

publishes a seed list on the Internet which lists a multitude of

Fritillaria species seed available for sale (both wild and garden

collected). Although Fritillaria gentneri is not specifically on the

list, the list demonstrates the demand for this genus by collectors. In

addition, whether showy or not, a species' rarity also makes it

susceptible to collection from horticulturists seeking to cultivate

rare species (Mariah Steenson pers. comm. 1997). Disseminating

specific, sensitive location records can encourage illegal collection

(M. Bosch, U.S. Forest Service, in litt. 1997). The accessibility of

this plant on public and private lands makes it susceptible to

indiscriminate collection by rare plant enthusiasts and researchers.

Plants, unlike most animal species protected under the Act, are

particularly vulnerable to trespass because of their inability to

escape when collectors arrive.

With the increased publicity of listed species, small roadside

occurrences could face a higher incidence of vandalism and/or removal.

Publication of precise maps and descriptions of critical habitat in the

Federal Register would expose these sites to over-collection and loss

of individuals, and subsequently loss of isolated populations,

resulting in the further decline of the species. Due to their low

increased publicity of listed species, small roadside

occurrences could face a higher incidence of vandalism and/or removal.

Publication of precise maps and descriptions of critical habitat in the

Federal Register would expose these sites to over-collection and loss

of individuals, and subsequently loss of isolated populations,

resulting in the further decline of the species. Due to their low

numbers, specifically 22 of the 45 known sites having three or fewer

individuals, isolated clusters of Fritillaria gentneri could be

severely threatened by taking, negatively affecting the species as a

whole. Since this species has a very poor viable seed set and is

predominantly reproducing asexually by bulblets (Guerrant 1992 and

Rolle 1988d), collection of the bulbs could effectively eliminate the

population at the collection site. Publication of critical habitat

descriptions and maps would make Fritillaria gentneri more vulnerable

to illegal collection and would increase enforcement problems.

The minimal benefit of designating critical habitat would be far

outweighed by the increased threats to the species that would result

from identification of critical habitat. All parties and principal

landowners involved in the recovery of Fritillaria gentneri will be

notified of the location and importance of protecting these species and

their habitats prior to publication of the proposed rule.

Available Conservation Measures

ritical habitat would be far

outweighed by the increased threats to the species that would result

from identification of critical habitat. All parties and principal

landowners involved in the recovery of Fritillaria gentneri will be

notified of the location and importance of protecting these species and

their habitats prior to publication of the proposed rule.

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

activities. Recognition through listing encourages and results in

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. The protection required

of Federal agencies and the prohibitions against taking and harm of

animals and 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)(4) requires Federal agencies to confer

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

the continued existence of a proposed species 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 to

destroy or adversely modify its critical habitat

ize

the continued existence of a proposed species 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 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 a formal consultation with the Service.

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 and reduce the species to

possession from areas under Federal jurisdiction 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 to the prohibitions apply to

agents of the Service and State conservation agencies.

The Act and 50 CFR 17.62 and 17.63 for endangered plants also

provide for the issuance of permits to carry out otherwise prohibited

activities involving endangered plants under certain circumstances.

Questions regarding whether specific activities may constitute a

violation of section 9 should be directed to the Field Supervisor of

the Oregon State Office (see ADDRESSES section). Requests for copies of

the regulations on listed plants and inquiries regarding them may be

addressed to the U.S

carry out otherwise prohibited

activities involving endangered plants under certain circumstances.

Questions regarding whether specific activities may constitute a

violation of section 9 should be directed to the Field Supervisor of

the Oregon State Office (see ADDRESSES section). Requests for copies of

the regulations on listed plants and inquiries regarding them may be

addressed to the U.S. Fish and Wildlife Service, Ecological Services,

Permits Branch, 911 NE 11th Ave., Portland, Oregon 97232-4181 (503/231-

6241). 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 the

species is not common in cultivation or in the wild.

The Service adopted a policy on July 1, 1994 (59 FR 34272), to

identify to the maximum extent practicable at the time a species is

proposed for listing 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. The Service

has determined, based upon the best available information, the

following actions will not result in a violation of section 9, provided

these activities are carried out in accordance with existing

regulations and permit requirements:

(1) Activities authorized, funded, or carried out by Federal

agencies (e.g., grazing management, agricultural conversions, land use

activities that would significantly modify the species' habitat,

wetland and riparian habitat modification, flood and erosion control,

housing development, recreational trail development, road and dam

construction and maintenance, hazardous material containment and

cleanup activities, prescribed burns, pesticide/herbicide application,

pipelines or utility line crossing suitable habitat, and logging) when

such activity is conducted in accordance with any reasonable and

prudent me

itat modification, flood and erosion control,

housing development, recreational trail development, road and dam

construction and maintenance, hazardous material containment and

cleanup activities, prescribed burns, pesticide/herbicide application,

pipelines or utility line crossing suitable habitat, and logging) when

such activity is conducted in accordance with any reasonable and

prudent measures given by the Service according to section 7 of the

Act; or when such activity does not occur in habitats suitable for the

survival and recovery of Fritillaria gentneri and does not alter the

hydrology or habitat supporting the plant.

(2) Activities on private lands (without Federal funding or

involvement), such as grazing management, agricultural conversions,

wetland and riparian habitat modification (not including filling of

wetlands), flood and erosion control, housing development, road and dam

construction, cemetery maintenance or expansion, pesticide/herbicide

application, pipelines or utility line crossing suitable habitat, and

routine residential landscape maintenance including the clearing of

vegetation as a fire break around one's personal residence.

The Service has determined that the actions listed below may

potentially result in a violation of section 9; however, possible

violations are not limited to these actions alone:

(1) Unauthorized collecting of the species on Federal lands;

(2) Application of herbicides violating label restrictions;

intenance including the clearing of

vegetation as a fire break around one's personal residence.

The Service has determined that the actions listed below may

potentially result in a violation of section 9; however, possible

violations are not limited to these actions alone:

(1) Unauthorized collecting of the species on Federal lands;

(2) Application of herbicides violating label restrictions;

(3) Interstate or foreign commerce and import/export without

previously obtaining an appropriate permit. Permits to conduct

activities are available for purposes of scientific research and

enhancement of propagation or survival of the species.

Questions regarding whether specific activities, such as changes in

land use, will constitute a violation of section 9 should be directed

to the Service's Oregon State Office (see ADDRESSES section).

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 hereby

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 occurrences of this species and

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

critical habitat as provided by section 4 of the Act;

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

population size of this species; and

l, commercial trade, or other relevant data concerning

any threat (or lack thereof) to this species;

(2) the location of any additional occurrences of this species and

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

critical habitat as provided by 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 Fritillaria gentneri.

Final promulgation of the regulation(s) on this species will take

into consideration the comments and any additional information received

by the Service. Such communications may lead to a final regulation that

differs from this proposal.

The Act provides for one or more public hearings on this proposal,

if requested. Requests must be received within 45 days of date of

publication of the proposal in the Federal Register. Such requests must

be made in writing and addressed to State Supervisor, U.S. Fish and

Wildlife Service, Oregon State Office (see ADDRESSES section).

National Environmental Policy Act

The 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

This rule does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

References

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

is available upon request from the Oregon State Office (see ADDRESSES

section).

Author: The primary author of this proposed rule is Andrew F.

Robinson Jr. (see ADDRESSES section).

does not contain collections of information that require

approval by the Office of Management and Budget under 44 U.S.C. 3501 et

seq.

References

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

is available upon request from the Oregon State Office (see ADDRESSES

section).

Author: The primary author of this proposed rule is Andrew F.

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

order under FLOWERING PLANTS, to the List of Endangered and Threatened

Plants to read as follows:

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

* * * * * * *

Fritillaria gentneri............. Gentner's fritillary USA (OR)........... Liliaceae.......... E ........... NA NA

* * * * * * *

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

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

Flowering Plants

* * * * * * *

Fritillaria gentneri............. Gentner's fritillary USA (OR)........... Liliaceae.......... E ........... NA NA

* * * * * * *

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

Dated: March 6, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98-7481 Filed 3-20-98; 8:45 am]

BILLING CODE 4310-55-P