Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for the Plant Silene spaldingii (Spalding's Catchfly)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF79

Endangered and Threatened Wildlife and Plants; Proposed

Threatened Status for the Plant Silene spaldingii (Spalding's Catchfly)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of petition finding.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to

list Silene spaldingii (Spalding's catchfly) as threatened pursuant to

the Endangered Species Act of 1973, as amended (Act). Silene spaldingii

is currently known from a total of 52 populations. Seven populations

occur in west-central Idaho, 7 in northeastern Oregon, 9 in western

Montana, 28 in eastern Washington, and 1 in adjacent British Columbia,

Canada. This taxon is threatened by a variety of factors including

habitat destruction and fragmentation from agricultural and urban

development, grazing and trampling by domestic livestock and native

herbivores, herbicide treatment, and competition from non-native plant

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

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

DATES: Comments from all interested parties must be received by

February 1, 2000. Public hearing requests must be received by January

18, 2000.

ADDRESSES: Comments and materials concerning this proposal should be

sent to the Supervisor, Snake River Basin Office, U.S. Fish and

Wildlife Service, 1387 S. Vinnell Way, Room 368, Boise, Idaho 83709.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the

above address (telephone 208/378-5243; facsimile 208/378-5262).

SUPPLEMENTARY INFORMATION:

Background

U.S. Fish and

Wildlife Service, 1387 S. Vinnell Way, Room 368, Boise, Idaho 83709.

Comments and materials received will be available for public

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

address.

FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the

above address (telephone 208/378-5243; facsimile 208/378-5262).

SUPPLEMENTARY INFORMATION:

Background

A member of the pink or carnation family (Caryophyllaceae), Silene

spaldingii Watson is a long-lived perennial herb with four to seven

pairs of lance-shaped leaves and a spirally arranged inflorescence

(group of flowers) consisting of small greenish-white flowers. The

foliage is lightly to densely covered with sticky hairs. Reproduction

is by seed only; S. spaldingii does not possess rhizomes or other means

of vegetative reproduction (Lesica 1992). Plants range from

approximately 2 to 6 decimeters (dm) (8 to 24 inches (in)) in height

(Lichthardt 1997).

First collected in the vicinity of the Clearwater River, Idaho,

between 1836 and 1847, Silene spaldingii was originally described by

Watson (Watson 1875). This taxon was retained as a full species in a

recent, comprehensive regional flora (Hitchcock and Cronquist 1973).

Silene spaldingii differs from the related, common species S. scouleri

by having petal blades 2 millimeters (mm) (0.08 in) in length; Silene

scouleri has deeply lobed petal blades that are 6 to 7 mm (0.24 to 0.28

in) long. Silene douglasii also occurs with S. spaldingii in some areas

but typically has multiple, slender stems, narrower leaves, and is

rarely sticky-pubescent (Lichthardt 1997).

Silene spaldingii differs from the related, common species S. scouleri

by having petal blades 2 millimeters (mm) (0.08 in) in length; Silene

scouleri has deeply lobed petal blades that are 6 to 7 mm (0.24 to 0.28

in) long. Silene douglasii also occurs with S. spaldingii in some areas

but typically has multiple, slender stems, narrower leaves, and is

rarely sticky-pubescent (Lichthardt 1997).

The distribution and habitat of Silene spaldingii are limited. The

total number of sites discussed in the 90-day finding for S. spaldingii

(63 FR 63661) was 94, which is larger than the number of populations

identified in this proposed rule. The number of sites stated in the 90-

day finding was based primarily on information (generally known as

element occurrence records) available in State natural heritage data

bases. During the preparation of this proposed rule, we felt it was

appropriate to group certain element occurrence records for S.

spaldingii together when the sites were located approximately 1.6

kilometer (km) (1 mile (mi)) or less apart. Thus, the difference in the

number of S. spaldingii locations described in this proposed rule and

the 90-day finding does not reflect the actual loss or extirpation of

sites.

This species is currently known from a total of 52 populations in

the United States and British Columbia, Canada. Of the 51 Silene

spaldingii populations in the United States, 7 occur in Idaho (Idaho,

Lewis, and Nez Perce Counties), 7 in Oregon (Wallowa County), 9 in

Montana (Flathead, Lake, Lincoln, and Sanders Counties), and 28 in

Washington (Asotin, Lincoln, Spokane, and Whitman Counties). A

population consists of one to several sites that are generally located

less than 1.6 km (1 mi) apart. The number of S. spaldingii individuals

within each population ranges from one to several thousand. Eighteen

populations contain more than 50 individuals; only 6 of these

populations are moderately large (i.e., contain more than 500 plants)

(Asotin, Lincoln, Spokane, and Whitman Counties). A

population consists of one to several sites that are generally located

less than 1.6 km (1 mi) apart. The number of S. spaldingii individuals

within each population ranges from one to several thousand. Eighteen

populations contain more than 50 individuals; only 6 of these

populations are moderately large (i.e., contain more than 500 plants).

Of the six largest populations, two are found in Oregon (Wallowa

County), one in Idaho (Nez Perce County), one in Montana (Lincoln

County), and two in Washington (Asotin and Lincoln Counties). The 6

moderately large populations contain approximately 84 percent (i.e.,

13,800 individuals) of the total number of S. spaldingii. The total

number of S. spaldingii individuals for all 52 populations is about

16,500 (Edna Rey-Vizgirdas, Service, in litt. 1999).

Much of the remaining habitat occupied by Silene spaldingii is

fragmented. For example, S. spaldingii sites in Oregon are located at

least 64 km (40 mi) from the nearest known sites in eastern Washington.

Silene spaldingii sites in Montana are approximately 190 km (120 mi)

from occupied habitat in Idaho and Washington. Approximately 52 percent

of extant S. spaldingii populations occur on private land, 10 percent

on State land, 33 percent on Federal land, and 5 percent on Tribal land

(E. Rey-Vizgirdas, in litt. 1999).

This species is primarily restricted to mesic (not extremely wet

nor extremely dry) grasslands (prairie or steppe vegetation) that make

up the Palouse region in southeastern Washington, northwestern Montana,

and adjacent portions of Idaho and Oregon. In addition, approximately

100 plants were located in British Columbia (Geraldine Allen,

University of Victoria, in litt. 1996). Palouse habitat is considered

to be a subset of the Pacific Northwest bunchgrass habitat type

(Tisdale 1986)

(prairie or steppe vegetation) that make

up the Palouse region in southeastern Washington, northwestern Montana,

and adjacent portions of Idaho and Oregon. In addition, approximately

100 plants were located in British Columbia (Geraldine Allen,

University of Victoria, in litt. 1996). Palouse habitat is considered

to be a subset of the Pacific Northwest bunchgrass habitat type

(Tisdale 1986). In Idaho, Palouse habitat is confined to a narrow band

along the western edge of central and north-central Idaho, centering on

Latah County (Tisdale 1986; Ertter and Moseley 1992). Large-scale

ecological changes in the Palouse region over the past several decades,

including agricultural conversion, changes in fire frequency, and

alterations of hydrology, have resulted in the decline of numerous

sensitive plant species including Silene spaldingii (Tisdale 1961).

More than 98 percent of the original Palouse prairie habitat has been

lost or modified by agricultural conversion, grazing, invasion of non-

native species, altered fire regimes, and urbanization (Noss et al.

1995).

Silene spaldingii is typically associated with grasslands dominated

by native perennial grasses such as Festuca idahoensis (Idaho fescue)

or F. scabrella (rough fescue). Other associated species include

bluebunch wheatgrass (Agropyron spicatum), snowberry (Symphoricarpos

albus), Nootka rose (Rosa nutkana), yarrow (Achillea millefolium),

prairie smoke avens (Geum triflorum), sticky purple geranium (Geranium

viscosissimum), and arrowleaf balsamroot (Balsamorhiza sagittata)

(Lichthardt 1997; Montana Natural Heritage Program (MNHP) 1998).

Scattered individuals of Ponderosa pine (Pinus ponderosa) may also be

found in or adjacent to S. spaldingii habitat. S. spaldingii sites

range from approximately 530 m (1,750 feet (ft)) to 1,600 m (5,100 ft)

elevation (Oregon Natural Heritage Program (ONHP) 1998; Washington

Natural Heritage Program (WNHP) 1998).

Previous Federal Action

rdt 1997; Montana Natural Heritage Program (MNHP) 1998).

Scattered individuals of Ponderosa pine (Pinus ponderosa) may also be

found in or adjacent to S. spaldingii habitat. S. spaldingii sites

range from approximately 530 m (1,750 feet (ft)) to 1,600 m (5,100 ft)

elevation (Oregon Natural Heritage Program (ONHP) 1998; Washington

Natural Heritage Program (WNHP) 1998).

Previous Federal Action

Federal government actions for the plant began as a result of

section 12 of the Act (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 Silene

spaldingii as an endangered species. We published a notice on July 1,

1975, in the Federal Register (40 FR 27823) of our 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 our intention to review the status of the plant

taxa named in the report. The July 1, 1975, notice included the above

taxon. On June 16, 1976, we published a proposal (41 FR 24523) to

determine approximately 1,700 vascular plant species to be endangered

species pursuant to section 4 of the Act. The list of 1,700 plant taxa

was assembled on the basis of comments and data received by the

Smithsonian Institution and us in response to House Document No. 94-51

and the July 1, 1975, Federal Register publication. Silene spaldingii

was included in the June 16, 1976, proposal.

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

years old be withdrawn. On December 10, 1979, we published a notice

withdrawing that portion of the June 16, 1976, proposal that had not

been made final, including the proposal to list Silene spaldingii (45

FR 82480)

he July 1, 1975, Federal Register publication. Silene spaldingii

was included in the June 16, 1976, proposal.

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

years old be withdrawn. On December 10, 1979, we published a notice

withdrawing that portion of the June 16, 1976, proposal that had not

been made final, including the proposal to list Silene spaldingii (45

FR 82480). We published an updated Notice of Review for plants on

December 15, 1980 (45 FR 82480). This notice included S. spaldingii as

a category 1 candidate. Category 1 candidates were those for which we

had sufficient information on biological vulnerability and threats to

support proposals to list them as endangered or threatened species.

Silene spaldingii was included as a category 2 candidate in the

November 28, 1983, supplement to the Notice of Review (48 FR 53640), as

well as subsequent revisions on September 27, 1985 (50 FR 39526),

February 21, 1990 (55 FR 6184), and September 30, 1993 (58 FR 51143).

Category 2 candidates were those for which information in our

possession indicated that proposing to list as endangered or threatened

was possibly appropriate, but sufficient data to support proposed rules

was not currently available. Upon publication of the February 28, 1996,

Notice of Review (61 FR 7596), we ceased using category designations.

Silene spaldingii was not included as a candidate species in this

notice.

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

findings as to whether the petitioned action is warranted on petitions

that present substantial information indicating the petitioned action

may be warranted. Section 2(b)(1) of the 1982 amendments further

required that all petitions pending on October 13, 1982, be treated as

having been newly submitted on that

ies in this

notice.

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

findings as to whether the petitioned action is warranted on petitions

that present substantial information indicating the petitioned action

may be warranted. Section 2(b)(1) of the 1982 amendments further

required that all petitions pending on October 13, 1982, be treated as

having been newly submitted on that

date. This provision applied to Silene spaldingii because the 1975

Smithsonian report had been accepted as a petition. On October 13,

1983, we found that the listing of the species was warranted but

precluded by other pending listing actions, in accordance with section

4(b)(3)(B)(iii) of the Act. We published notification of this finding

on January 20, 1984 (49 FR 2485). Our warranted but precluded finding

required us to consider the petition as having been resubmitted

annually, pursuant to section 4(b)(3)(C)(i) of the Act.

On February 27, 1995, we received a petition dated February 23,

1995, from the Biodiversity Legal Foundation of Boulder, Colorado; the

Montana and Washington Native Plant Societies; and Mr. Peter Lesica of

Missoula, Montana, to list S. spaldingii within the conterminous United

States as threatened or endangered under the Act. The petition

submitted information stating that this species is threatened by

competition with non-native and woody vegetation, improper livestock

grazing practices, improper herbicide application, inbreeding

depression, and fire suppression.

In April 1995, the enactment of Public Law 104-6 placed a

moratorium on final listing determinations and critical habitat

designations. It also rescinded $1.5 million from our budget for

carrying out listing activities for the remainder of Fiscal Year 1995.

In order to maintain at least minimal listing programs in all our

regions, Region 1's FY 1995 listing allocation was reduced by $1.2

million. Region 1 has lead responsibility for the Silene spaldingii

petition

inal listing determinations and critical habitat

designations. It also rescinded $1.5 million from our budget for

carrying out listing activities for the remainder of Fiscal Year 1995.

In order to maintain at least minimal listing programs in all our

regions, Region 1's FY 1995 listing allocation was reduced by $1.2

million. Region 1 has lead responsibility for the Silene spaldingii

petition. Subsequently, from October 1, 1995, until April 26, 1996, the

Department of the Interior operated without a regularly enacted full-

year appropriations bill. Instead, funding for most Interior programs,

including the endangered species listing program, was governed by the

terms of a series of 13 ``continuing resolutions.'' Their net effect

was essentially to shut down the listing program. On April 26, 1996,

President Clinton approved the Omnibus Budget Reconciliation Act of

1996 and lifted the moratorium. At that time, we had accrued a backlog

of proposed listings for 243 species, of which Region 1 had the lead on

199, or 82 percent. Due to this backlog, reduced budgets for the

listing program, and litigation demands, completion of the processing

of this petition was not practicable until November 16, 1998. On that

date, we published a finding that the petition presented substantial

information indicating that the petitioned action may be warranted (63

FR 63661) and commenced a status review for Silene spaldingii.

The processing of this proposed rule conforms with our Listing

Priority Guidance published in the Federal Register on October 22, 1999

(64 FR 57114). The guidance clarifies the order in which we will

process rulemakings. Highest priority is processing emergency listing

rules for any species determined to face a significant and imminent

risk to its well-being (Priority 1). Second priority (Priority 2) is

processing final determinations on proposed additions to the lists of

endangered and threatened wildlife and plants

, 1999

(64 FR 57114). The guidance clarifies the order in which we will

process rulemakings. Highest priority is processing emergency listing

rules for any species determined to face a significant and imminent

risk to its well-being (Priority 1). Second priority (Priority 2) is

processing final determinations on proposed additions to the lists of

endangered and threatened wildlife and plants. Third priority (Priority

3) is processing new proposals to add species to the lists. The

processing of administrative petition findings (petitions filed under

section 4 of the Act) is the fourth priority (Priority 4). The

processing of critical habitat determinations (prudency and

determinability decisions) and proposed or final designations of

critical habitat will no longer be subject to prioritization under the

Listing Priority Guidance. This proposed rule is a Priority 3 action

and is being completed in accordance with the current Listing Priority

Guidance.

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 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 application to Silene spaldingii are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

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 application to Silene spaldingii are as follows.

A. The Present or Threatened Destruction, Modification, or Curtailment

of Its Habitat or Range

As discussed in the ``Background'' section above, the distribution

and habitat of Silene spaldingii are limited. This species is primarily

restricted to slopes, flats, or swales (marshy lands) in mesic

grasslands or steppe vegetation of the Palouse region in southeastern

Washington, northwestern Montana, and adjacent portions of Idaho and

Oregon. One site is located in British Columbia, Canada, directly

adjoining a Montana population. In Idaho, Palouse habitat is confined

to a narrow band along the western edge of central and north-central

Idaho, centering on Latah County (Tisdale 1986; Ertter and Moseley

1992). The Palouse prairie is extensively cultivated, with few remnants

of native habitat (Tisdale 1986). Large-scale ecological changes have

occurred in the Palouse region over the past several decades. More than

98 percent of the original Palouse prairie habitat has been lost or

modified by agricultural conversion, grazing, invasion of non-native

species, altered fire regimes, and urbanization (Noss et al. 1995).

This loss of habitat has resulted in the decline of numerous sensitive

plant species including S. spaldingii (Tisdale 1961).

Although historical data on Silene spaldingii distribution and

population size are incomplete, this species was likely much more

widespread in the past, based on the former distribution on suitable

Palouse habitat. According to Ertter and Moseley (1992), ``because of

the exceptionally rich soil, a deep layer of loess, most of the

grasslands have been converted to agriculture

(Tisdale 1961).

Although historical data on Silene spaldingii distribution and

population size are incomplete, this species was likely much more

widespread in the past, based on the former distribution on suitable

Palouse habitat. According to Ertter and Moseley (1992), ``because of

the exceptionally rich soil, a deep layer of loess, most of the

grasslands have been converted to agriculture. Most of the Palouse

prairie vegetation has, therefore, disappeared, and endemic species

such as Aster jessicae Piper and Haplopappus liatriformis (Greene) St.

John are threatened with extinction.'' Both A. jessicae and H.

liatriformis may be found within or near habitat occupied by S.

spaldingii (Lichthardt 1997).

Invasion by non-native plant species, herbicide application, and/or

grazing (including trampling and consumption of plants) threaten

virtually all of the remaining populations of this species, including

those present in areas administered by the Bureau of Land Management

(BLM) and U.S. Forest Service (Forest Service) (Biodiversity Legal

Foundation et al. 1995; Lichthardt 1997; MNHP 1998; ONHP 1998; WNHP

1998).

Non-native plant species are considered to be a major threat at

nearly all sites supporting Silene spaldingii. Threats to S. spaldingii

posed by non-native plant species include competition for water,

nutrients, and light, in addition to competition for pollinators

(Lesica and Heidel 1996). Non-native plant species such as St. John's-

wort (Hypericum perforatum), yellow star-thistle (Centaurea

solstitialis), leafy spurge (Euphorbia esula), teasel (Dipsacus

sylvestris), Canada thistle (Cirsium arvense), sulfur cinquefoil

(Potentilla recta), Russian knapweed (Acroptilon repens), Scotch

thistle (Onopordium acanthium), and cheatgrass (Bromus tectorum)

threaten S. spaldingii in Idaho, Oregon, Montana, and Washington

(Lesica and Heidel 1996; Lichthardt 1997; MNHP 1998; ONHP 1998; WNHP

1998; Janice Hill, The Nature Conservancy, in litt. 1999)

ipsacus

sylvestris), Canada thistle (Cirsium arvense), sulfur cinquefoil

(Potentilla recta), Russian knapweed (Acroptilon repens), Scotch

thistle (Onopordium acanthium), and cheatgrass (Bromus tectorum)

threaten S. spaldingii in Idaho, Oregon, Montana, and Washington

(Lesica and Heidel 1996; Lichthardt 1997; MNHP 1998; ONHP 1998; WNHP

1998; Janice Hill, The Nature Conservancy, in litt. 1999).

Some of these non-native species can invade and displace native

plant communities in a relatively short period

of time. For example, at The Nature Conservancy's Garden Creek

Preserve, which contains the largest Silene spaldingii population in

Idaho (Idaho Conservation Data Center 1998), yellow star-thistle spread

from approximately 60 hectares (ha) (150 acres (ac)) in 1987 to 1,200

ha (3,000 ac) in 1998 (J. Hill, in litt. 1999). Another site containing

S. spaldingii in Idaho (Lawyer's Creek) was apparently extirpated by

highway construction in 1990 and the invasion of yellow star-thistle.

Yellow star-thistle is found in the vicinity of all Silene

spaldingii populations in Idaho (Lichthardt 1997). This aggressive

exotic can form almost complete monocultures, invading and outcompeting

native species. Even small areas that experience soil disturbance are

almost immediately colonized by yellow star-thistle or other non-native

winter annuals (Lichthardt 1997). Seeds of yellow star-thistle can

remain dormant in the soil for 10 years (Callihan and Miller 1997),

making effective control of this aggressive weed extremely difficult.

Russian knapweed spreads readily by reproducing vegetatively, as

well as by seed. Once established, knapweed forms single-species stands

by producing chemicals that inhibit the survival of competing plant

species, known as allelopathy (U.S. Geological Survey 1999). Knapweed

has been noted to displace Silene spaldingii plants in Montana. At this

site, the number of S. spaldingii plants declined from 30 in 1983 to 11

in 1990, due to the invasion of knapweed (MNHP 1998)

seed. Once established, knapweed forms single-species stands

by producing chemicals that inhibit the survival of competing plant

species, known as allelopathy (U.S. Geological Survey 1999). Knapweed

has been noted to displace Silene spaldingii plants in Montana. At this

site, the number of S. spaldingii plants declined from 30 in 1983 to 11

in 1990, due to the invasion of knapweed (MNHP 1998). Noxious weeds

also threaten the largest S. spaldingii populations in Montana

(Biodiversity Legal Foundation et al. 1995; Brian Martin, The Nature

Conservancy, in litt. 1998), Oregon (Jimmy Kagan, Oregon Natural

Heritage Program, pers. comm. 1998), and Washington (Scott Riley,

Umatilla National Forest, pers. comm. 1999). Silene spaldingii and

other native plants are generally unable to grow or successfully

reproduce in areas dominated by yellow star-thistle and knapweed.

Silene spaldingii habitat is threatened by herbicide drift. Most

remaining S. spaldingii populations are adjacent to agricultural

fields, which are often treated with herbicides to control weeds. Even

S. spaldingii sites that are not located immediately adjacent to

agricultural areas may be vulnerable to herbicide use due to the

presence of weeds (Jerry Hustafa, Wallowa-Whitman National Forest,

pers. comm. 1999). Herbicide overspray threatens populations in Idaho

(Lichthardt 1997; J. Hill, in litt. 1999), Oregon (J. Hustafa, pers.

comm. 1998; J. Kagan, pers. comm. 1998), and Washington (WNHP 1998).

The population of S. spaldingii at one site in Idaho (Lewis County)

decreased by more than 80 percent in the past 11 years, apparently due

to weed invasion, herbicide spraying, and development (Lichthardt

1997). One of the two largest S. spaldingii sites in Washington (on the

Umatilla National Forest, Pomeroy Ranger District) is threatened by

herbicide spraying to control weeds (S. Riley, pers. comm. 1999)

of S. spaldingii at one site in Idaho (Lewis County)

decreased by more than 80 percent in the past 11 years, apparently due

to weed invasion, herbicide spraying, and development (Lichthardt

1997). One of the two largest S. spaldingii sites in Washington (on the

Umatilla National Forest, Pomeroy Ranger District) is threatened by

herbicide spraying to control weeds (S. Riley, pers. comm. 1999). A

recent aerial herbicide spraying incident in Idaho County, Idaho,

impacted the threatened plant species, MacFarlane's four-o'clock

(Mirabilis macfarlanei). Approximately 2,000 M. macfarlanei plants on

Federal and private land were accidentally sprayed during treatment for

nearby target weed species (Craig Johnson, BLM, in litt. 1997). This

species occurs in similar habitats as S. spaldingii. At least two S.

spaldingii sites in Idaho (Nez Perce County) are particularly

vulnerable to herbicide drift because of their close proximity to

cropland (Lichthardt 1997).

In addition to direct consumption of plants (as discussed under

Factor C of this section), grazing animals can also affect Silene

spaldingii by trampling and changing the community composition by

fostering the invasion of non-native species. Impacts from trampling by

native ungulates and domestic livestock have been observed at S.

spaldingii sites in Washington (Gamon 1991; WNHP 1998). Grazing can

indirectly affect S. spaldingii habitat by altering the species

composition (Gamon 1991; Lichthardt 1997; Bonnie Heidel, Montana

Natural Heritage Program, in litt. 1999). If grazing is heavy enough to

adversely affect native species or allow weed invasion, S. spaldingii

will likely disappear from sites (Barbara Benner, BLM, in litt. 1993).

Biennial and non-native annual plants, adapted to disturbance, have a

competitive advantage over S. spaldingii because of the soil

disturbance associated with grazing (B. Benner, in litt. 1995)

itage Program, in litt. 1999). If grazing is heavy enough to

adversely affect native species or allow weed invasion, S. spaldingii

will likely disappear from sites (Barbara Benner, BLM, in litt. 1993).

Biennial and non-native annual plants, adapted to disturbance, have a

competitive advantage over S. spaldingii because of the soil

disturbance associated with grazing (B. Benner, in litt. 1995).

Most populations (52 percent) of Silene spaldingii occur on

privately owned property and are, therefore, threatened by changes in

land use practices, including certain livestock grazing practices,

agricultural developments, and urbanization. For example, active

housing development threatens to eliminate S. spaldingii habitat near

Redbird Ridge in Idaho (Lichthardt 1997). Over the past 3 years,

residential development immediately adjoining land owned by The Nature

Conservancy (TNC), which has the largest S. spaldingii population in

Montana, has destroyed potential habitat, increased the likelihood of

uncontrolled, competing noxious weeds, and reduced management options

such as controlled burning on the preserve (B. Martin, in litt. 1998).

Continued development in this area is expected (B. Martin, in litt.

1998). Habitat for S. spaldingii on private land near Wallowa Lake in

eastern Oregon, which supports the largest site in Oregon, may be

threatened by development because of its proximity to existing

recreational facilities and residences (E. Rey-Vizgirdas, pers. obs.

1998). Other S. spaldingii sites on private land in Idaho, Montana, and

Washington may also be threatened by development.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

egon, which supports the largest site in Oregon, may be

threatened by development because of its proximity to existing

recreational facilities and residences (E. Rey-Vizgirdas, pers. obs.

1998). Other S. spaldingii sites on private land in Idaho, Montana, and

Washington may also be threatened by development.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

The plant is not a source for human food, nor is it currently of

commercial horticulture interest. Therefore, overutilization is not

considered to be a threat to this species at the present time. However,

simply listing a species can precipitate commercial or scientific

interest, both legal and illegal, which can threaten the species

through unauthorized and uncontrolled collection for scientific and/or

commercial purposes. The listing of species as threatened or endangered

publicizes their rarity and may make them more susceptible to

collection by researchers or curiosity seekers. Some of the populations

of Silene spaldingii are small enough that even limited collection

pressure could have adverse impacts on their reproductive or genetic

viability.

C. Disease or Predation

Grazing or browsing of Silene spaldingii inflorescences by

livestock and native herbivores has been observed and is considered a

significant threat to the species (Kagan 1989; Lesica 1993; Heidel

1995; B. Benner, in litt. 1999). While grazing or browsing of S.

spaldingii by native herbivores likely occurred historically, the

effects of grazing or browsing becomes even more important as

population sizes decrease. Rodent activity is also considered a

significant factor affecting the persistence of S. spaldingii at

several sites in eastern Washington (B. Benner, in litt. 1999). For

example, numerous S. spaldingii plants were marked with stakes and

metal tags as part of a monitoring study on land managed by the BLM in

Washington

azing or browsing becomes even more important as

population sizes decrease. Rodent activity is also considered a

significant factor affecting the persistence of S. spaldingii at

several sites in eastern Washington (B. Benner, in litt. 1999). For

example, numerous S. spaldingii plants were marked with stakes and

metal tags as part of a monitoring study on land managed by the BLM in

Washington. On a site visit, the BLM botanist discovered that many of

these plants were either broken off or missing completely and likely

consumed by rodents, as evidenced by

rodent burrowing activity in the area (B. Benner, in litt. 1999). Since

S. spaldingii reproduces only by seed (Lesica 1992), grazing, browsing,

or trampling directly affects reproduction of this species when flowers

or seeds are removed or damaged.

Insect predation on flowers and fruits is also a threat for this

species (Kagan 1989; Gamon 1991; B. Benner, in litt. 1999). Such

predation likely results in reduced reproductive success for Silene

spaldingii (Heidel 1995). For example, at one of the two largest S.

spaldingii populations in Washington on land managed by the Forest

Service, insect consumption of seeds has been consistently observed by

biologists monitoring the plants. This consumption results in empty

capsules with no seeds, thereby limiting sexual reproduction of

affected S. spaldingii plants (S. Riley, pers. comm. 1999). Similarly,

in Oregon, a high percentage of S. spaldingii seed heads were destroyed

by a seed weevil (Kagan 1989). Insect damage to foliage of S.

spaldingii plants has also been noted (Lichthardt 1997).

D. The Inadequacy of Existing Regulatory Mechanisms

results in empty

capsules with no seeds, thereby limiting sexual reproduction of

affected S. spaldingii plants (S. Riley, pers. comm. 1999). Similarly,

in Oregon, a high percentage of S. spaldingii seed heads were destroyed

by a seed weevil (Kagan 1989). Insect damage to foliage of S.

spaldingii plants has also been noted (Lichthardt 1997).

D. The Inadequacy of Existing Regulatory Mechanisms

silene spaldingii is listed as endangered by the State of Oregon

(Oregon Department of Agriculture). However, the State Endangered

Species Act does not provide protection for species on private land.

Therefore, under State law, any plant protection is at the discretion

of the landowner. Silene spaldingii is on the Washington Natural

Heritage Program's list of threatened species (Gamon 1991), but this

designation offers no statutory protection (Ted Thomas, Service, in

litt. 1998). In addition, although State natural heritage programs in

Idaho and Montana consider Spaldingii to be rare and imperiled these

States have no endangered species legislation that protect threatened

or endangered plants. The majority of S. spaldingii habitat occurs on

private land, which is not adequately protected by existing regulatory

mechanisms.

In Canada, Silene spaldingii is listed on the British Columbia,

Ministry of Environment, Lands and Park's Red List. The Red List

includes indigenous species or subspecies (taxa) that are either

extirpated, endangered, threatened, or candidates for such status.

Endangered taxa are facing imminent extirpation or extinction.

Threatened taxa are likely to become endangered if limiting factors are

not reversed. Silene spaldingii is a candidate for legal designation as

an endangered or threatened species (British Columbia Conservation Data

Center 1999). The Red List designation does not provide any statutory

protection to this population, which occurs on private pasture land

(Mike Miller, University of Victoria, in litt. 1999)

taxa are likely to become endangered if limiting factors are

not reversed. Silene spaldingii is a candidate for legal designation as

an endangered or threatened species (British Columbia Conservation Data

Center 1999). The Red List designation does not provide any statutory

protection to this population, which occurs on private pasture land

(Mike Miller, University of Victoria, in litt. 1999).

Silene spaldingii is considered a sensitive species by the BLM and

the Forest Service. Both of these agencies have laws and regulations

that address the need to protect sensitive, candidate, and federally

listed species (e.g., the Federal Land Policy and Management Act and

the National Forest Management Act). Monitoring of some (but not all)

S. spaldingii populations on Federal lands has already been initiated.

Also, the BLM in eastern Washington has acquired several private land

parcels that contain S. spaldingii habitat. However, these actions have

not eliminated all of the threats to this species. For example, the

effects of activities such as livestock grazing have not been evaluated

for all S. spaldingii sites managed by the Forest Service and BLM. In

addition, numerous sites on Federal lands are threatened by exotic

weeds, herbicide spraying, and habitat succession through fire

suppression (see factors A and E of this section).

One Silene spaldingii population in eastern Washington occurs on

the U.S. Department of Defense Fairchild Air Force Base (Base), and the

Base asked the WNHP to visit the area in 1999 to assess its habitat and

ground-disturbing activities that would affect this species (John

Gamon, WNHP, pers. comm. 1999). This population contains fewer than 15

plants in an isolated fragment of native habitat, and the area has been

used for military training (WNHP 1998).

Two populations occur on lands owned by TNC. This organization

protects the habitat and natural communities on lands that it owns

its habitat and

ground-disturbing activities that would affect this species (John

Gamon, WNHP, pers. comm. 1999). This population contains fewer than 15

plants in an isolated fragment of native habitat, and the area has been

used for military training (WNHP 1998).

Two populations occur on lands owned by TNC. This organization

protects the habitat and natural communities on lands that it owns. TNC

will protect Silene spaldingii on its lands and actively manage the

habitat to improve conditions for this species, such as controlling

livestock grazing (TNC 1999).

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Competition with other species for a limited number of pollinators

(e.g., bumblebees (Bombus fervidus)) has the potential to adversely

affect both fecundity and individual fitness in Silene spaldingii

(Lesica and Heidel 1996). Competition for pollinators occurs primarily

at S. spaldingii sites with large populations of other flowering

plants, and the competition can adversely affect the survival of these

small populations of S. spaldingii. For example, the non-native

flowering plant St. John's-wort competes for pollinators where this

plant occurs with S. spaldingii in Idaho (Lesica and Heidel 1996;

Janice Hill, TNC, in litt. 1999; Karen Gray, botanist, in litt. 1999).

Reduced pollinator activity is associated with poor reproductive

success of Silene spaldingii, particularly in small populations (Lesica

1993; Lesica and Heidel 1996). Agricultural fields do not provide

suitable habitat for pollinators of S. spaldingii, which requires

pollination by insects for maximum seed set and population viability

(Lesica and Heidel 1996). Populations of S. spaldingii that occupy

small areas surrounded by land that does not support bumblebee colonies

(e.g., crop lands) are not likely to persist over the long term, and

the presence of pollinators is considered to be critical for the

persistence of S. spaldingii (Lesica 1993; Lesica and Heidel 1996)

y insects for maximum seed set and population viability

(Lesica and Heidel 1996). Populations of S. spaldingii that occupy

small areas surrounded by land that does not support bumblebee colonies

(e.g., crop lands) are not likely to persist over the long term, and

the presence of pollinators is considered to be critical for the

persistence of S. spaldingii (Lesica 1993; Lesica and Heidel 1996). In

addition to agricultural conversion and pesticides, pollinators are

vulnerable to herbicide application, domestic livestock grazing, and

fire (Gamon 1991; Lesica 1993).

Climatic fluctuations can adversely affect this species and may

contribute to the extirpation of small populations. For example, a

population of Silene spaldingii at Wild Horse Island (Montana) declined

from approximately 250 to 10 plants, due primarily to drought

conditions in the late 1980's (Lesica 1988; Heidel 1995). Such

reductions in population size are often exacerbated by other factors

including pollinator competition and poor reproductive success.

Habitat changes associated with fire suppression threaten this

species, even at sites on public lands and those with some protective

status (e.g., managed by TNC). Fire suppression can result in an

overall decline in suitable habitat conditions for Silene spaldingii by

facilitating encroachment by woody vegetation and other plant species

and contributing to a build-up in the litter or duff layer. Competition

from woody plants is frequently considered to reduce fecundity or

recruitment of native prairie species (Menges 1995). In areas where

fire regimes have been altered or excluded, shrubs and trees can

encroach on grassland habitats that support S. spaldingii and inhibit

seed germination. For example, S. spaldingii in the Kramer Palouse

Biological Study Area in Washington declined from 147 to 10 individuals

during the period from 1981 to 1994, apparently due to encroachment by

the non-native yellow star-thistle and woody vegetation (Heidel 1995)

een altered or excluded, shrubs and trees can

encroach on grassland habitats that support S. spaldingii and inhibit

seed germination. For example, S. spaldingii in the Kramer Palouse

Biological Study Area in Washington declined from 147 to 10 individuals

during the period from 1981 to 1994, apparently due to encroachment by

the non-native yellow star-thistle and woody vegetation (Heidel 1995).

Prescribed fire may have a positive effect on S. spaldingii by removing

litter and creating suitable

sites for recruitment (Lesica, in press). Recruitment of S. spaldingii

at study sites in Montana was enhanced following prescribed fire

(Lesica 1992; in press). However, the effects of fire will vary at

different sites within the range of this species due to factors such as

fuel moisture content, species composition, and season and intensity of

burning (Lesica 1997).

Most populations of Silene spaldingii are restricted to small,

remnant patches of native habitat (Gamon 1991; Lichthardt 1997; B.

Heidel, in litt. 1999; S. Riley, pers. comm. 1999). When the number of

populations of a species or the population size is reduced, the remnant

populations (or portions of populations) have a higher probability of

extinction from random events. Small populations are vulnerable to even

relatively minor disturbances such as fire, herbicide drift, and weed

invasions, which could result in the loss of S. spaldingii populations

(Gamon 1991). Small populations of Silene regia, a rare prairie species

native to the Midwest, have low seed germination presumably due to

reduced pollinator visitation and other factors (Menges 1995). Small

fragments of habitat that contain S. spaldingii may not be large enough

to support viable populations of pollinators (Lesica 1993). Small

populations are vulnerable to natural and manmade disturbances and may

lose a large amount of genetic variability because of genetic drift

(loss of genetic variability that takes place as a result of chance),

reducing their long-term viability

1995). Small

fragments of habitat that contain S. spaldingii may not be large enough

to support viable populations of pollinators (Lesica 1993). Small

populations are vulnerable to natural and manmade disturbances and may

lose a large amount of genetic variability because of genetic drift

(loss of genetic variability that takes place as a result of chance),

reducing their long-term viability. Many S. spaldingii populations are

isolated from other populations by large distances, and the majority of

the populations occur at scattered localities separated by habitat that

is not suitable for this species, such as agricultural fields.

Extinction appears to be imminent for at least two S. spaldingii

populations in Idaho due to their small size and habitat degradation

(Lichthardt 1997). One of these populations consists of four

individuals, and the other population has only one S. spaldingii plant.

With these very small population sizes, even if the habitat was

completely undisturbed, these populations would not be considered

viable.

We have carefully assessed the best scientific and commercial

information available regarding the past, present, and future threats

faced by the species in determining to issue this proposed rule. Most

of the remaining sites that support Silene spaldingii are small and

fragmented, and existing sites are vulnerable to impacts from factors

including grazing, trampling, herbicide use, and non-native vegetation,

in addition to urban and agricultural development. The majority of this

species (52 percent) occurs on private land with little or no

protection. Only one-third (33 percent) of S. spaldingii populations

occur on Federal land (managed primarily by the BLM and Forest Service)

and may, therefore, be afforded some level of protection. As previously

described, only 6 S

and non-native vegetation,

in addition to urban and agricultural development. The majority of this

species (52 percent) occurs on private land with little or no

protection. Only one-third (33 percent) of S. spaldingii populations

occur on Federal land (managed primarily by the BLM and Forest Service)

and may, therefore, be afforded some level of protection. As previously

described, only 6 S. spaldingii populations (12 percent) contain more

than 500 plants, and even these relatively large populations (which

occur on private and Federal land) are variously threatened by the

above factors.

Critical Habitat

We are not at this time making a critical habitat determination for

Silene spaldingii. The Final Listing Priority Guidance for FY 1999/2000

(64 FR 57114) states, that the processing of critical habitat

determinations (prudency and determinability decisions) and proposed or

final designations of critical habitat ``will no longer be subject to

prioritization under the Listing Priority Guidance. Critical habitat

determinations, which were previously included in final listing rules

published in the Federal Register, may now be processed separately, in

which case stand-alone critical habitat determinations will be

published as notices in the Federal Register. We will undertake

critical habitat determinations and designations during FY 1999 and FY

2000 as allowed by our funding allocation for that year.'' As explained

in detail in the Listing Priority Guidance, our listing budget is

currently insufficient to allow us to immediately complete all of the

listing actions required by the Act. Deferral of the critical habitat

determination for S. spaldingii will allow us to concentrate our

limited resources on higher priority critical habitat and other listing

actions, while allowing us to pursue protections needed for the

conservation of S. spaldingii without further delay. We will publish a

critical habitat determination for S. spaldingii in the Federal

Register subsequent to this rule.

of the critical habitat

determination for S. spaldingii will allow us to concentrate our

limited resources on higher priority critical habitat and other listing

actions, while allowing us to pursue protections needed for the

conservation of S. spaldingii without further delay. We will publish a

critical habitat determination for S. spaldingii in the Federal

Register subsequent to this 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 public awareness and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Act provides for possible land

acquisition and cooperation with the State and requires that recovery

plans be developed for all listed species. The protection required of

Federal agencies and the prohibitions against certain activities

involving listed plants are discussed, in part, below.

Section 7(a) of the Act 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 us

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 subsequently listed, 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

ants. These prohibitions, in part, make it

illegal for any person subject to the jurisdiction of the United States

to import or export, transport or ship any endangered or threatened

plant species in interstate or foreign commerce in the course of a

commercial activity, sell or offer for sale such species in interstate

or foreign commerce, or remove and reduce such species to possession

from

areas under Federal jurisdiction. Certain exceptions apply to our

agents and State conservation agencies.

The Act and 50 CFR 17.72 also provide for the issuance of permits

to carry out otherwise prohibited activities involving threatened plant

species under certain circumstances. Such permits are available for

scientific purposes and to enhance the propagation or survival of the

species. For threatened plants, permits also are available for

botanical or horticultural exhibition, educational purposes, or special

purposes consistent with the purposes of the Act. We anticipate few

trade permits would ever be sought or issued for this species because

the plant is not common in cultivation or in the wild.

Our policy is as published in the Federal Register on July 1, 1994

(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 effects of the listing on

proposed and ongoing activities within the species' range.

We believe that, 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:

f the Act. The intent of this

policy is to increase public awareness of the effects of the listing on

proposed and ongoing activities within the species' range.

We believe that, 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, wetland

and riparian habitat modification, flood and erosion control,

residential development, recreational trail development, road

construction, hazardous material containment and cleanup activities,

prescribed burns, pesticide/herbicide application, and pipeline or

utility line construction crossing suitable habitat), when such

activity is conducted in accordance with any reasonable and prudent

measures given by us in a consultation conducted under section 7 of the

Act;

(2) Casual, dispersed human activities on foot or horseback (e.g.,

bird watching, sightseeing, photography, camping, hiking);

(3) Activities on private lands that do not require Federal

authorization and do not involve Federal funding, such as grazing

management, agricultural conversions, flood and erosion control,

residential development, road construction, and pesticide/herbicide

application; and

(4) Residential landscape maintenance, including the clearing of

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

We believe that the following might 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; and

truction, and pesticide/herbicide

application; and

(4) Residential landscape maintenance, including the clearing of

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

We believe that the following might 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; and

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

previously obtaining an appropriate permit.

Questions regarding whether specific activities risk violating

section 9 should be directed to the Field Supervisor of the Snake River

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

regulations on listed plants and animals, and general inquiries

regarding prohibitions and permits, may be addressed to the U.S. Fish

and Wildlife Service, Ecological Services, Endangered Species Permits,

911 N.E. 11th Ave., Portland, Oregon 97232-4181 (telephone 503/231-

2063; facsimile 503/231-6243).

Public Comments Solicited

We intend that any final action resulting from this proposal will

be as accurate and as effective as possible. Therefore, we are

soliciting comments or suggestions from the public, other concerned

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

interested party concerning this proposed rule. We are particularly

seeking comments 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

ical, 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.

We will take into consideration for any decision on this proposal

the comments and additional information we receive, and such

communications may lead to a final regulation that differs from this

proposal.

Executive Order 12866

Executive Order 12866 requires agencies to write regulations that

are easy to understand. We invite your comments on how to make this

proposal easier to understand including answers to questions such as

the following:

(1) Is the discussion in the ``Supplementary Information'' section

of the preamble helpful in understanding the proposal?

(2) Does the proposal contain technical language or jargon that

interferes with its clarity?

(3) Does the format of the proposal (grouping and order of

sections, use of headings, paragraphing, etc.) aid or reduce its

clarity? What else could we do to make the proposal easier to

understand?

Send a copy of any comments that concern how we could make this

rule easier to understand to the office identified in the ADDRESSES

section at the beginning of this document.

National Environmental Policy Act

We have determined that an environmental assessment and

environmental impact statement, as defined under the authority of the

National Environmental Policy Act of 1969, need not be prepared in

connection with regulations adopted pursuant to section 4(a) of the

Act. We published a notice outlining our reasons for this determination

in the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

at an environmental assessment and

environmental impact statement, as defined under the authority of the

National Environmental Policy Act of 1969, need not be prepared in

connection with regulations adopted pursuant to section 4(a) of the

Act. We published a notice outlining our reasons for this determination

in the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

This rule does not contain any information collection requirements

for which Office of Management and Budget (OMB) approval under the

Paperwork Reduction Act, 44 U.S.C. 3501 et seq., is required. An

information collection related to the rule pertaining to permits for

endangered and threatened species has OMB approval and is assigned

clearance number 1018-0094. This rule does not alter that information

collection requirement. For additional information concerning permits

and associated requirements for threatened plants, see 50 CFR 17.72.

References Cited

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

is available upon request from our Snake River Basin Office (see

ADDRESSES section).

Author:

The primary author of this proposed rule is Edna Rey-Vizgirdas,

U.S. Fish and Wildlife Service, Snake River Basin Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulations Promulgation

Accordingly, we propose 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.

* * * * *

rity 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 Critical Special

Scientific name Common name listed habitat rules

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

* * * * * * *

FLOWERING PLANTS

* * * * * * *

Silene spaldingii.................. Spalding's catchfly.. U.S.A. (OR, ID, MT, Caryophyllaceae...... T NA NA

WA), Canada (B.C.).

* * * * * * *

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

Dated: October 29, 1999.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 99-31387 Filed 12-2-99; 8:45 am]

BILLING CODE 4310-55-P