Document nmKM1r0MbBYk4K4Ekyz0BYj61

Federal Register / Vol.'51, No. 119 / Friday, June 20, 1986 / Rules and Regulations 22523 Calhoun, Georgia: and The Jasper wildfires, livestock grazing, and southeastern Tennessee and adjacent Journal, Jasper, Tennessee. residential development (Krai 1983; northwestern Georgia. In some The Service received 11 comments in Collins in preparation). Eighty percent of populations, loss of even a few response to the proposal. Eight the site with the largest known individuals through natural fluctuations comments supported the proposed Scutellaria montana population has in numbers or human-induced habitat listing of Scutellaria montana, provided been subdivided and is currently being alterations could eliminate the additional information on threats to the offered for sale (Hawks 1986). A large population and thereby appreciably species, and/or provided additional portion of the second-largest population reduce the likelihood that the species information on distribution and land is bn land owned and managed by The will continue to exist. ownership. One of these eight was from a Federal agency, two were from State agencies, and Five were from private Nature Conservancy and is therefore afforded protection. The third largest population occurs on privately owned Tlie Service has carefully assessed the best scientific and commercial information available regarding the past, individuals or organizations. Mr. Robert McCartney provided information on the merits of having federally listed species available through commercial suppliers; he also questioned the significance of taking as a threat to listed species and voiced concerns over effects of the Act's trade restrictions. Three comments, one from a Federal agency, one from a private individual, and one from a private organization, were non substantive in nature. The Service has incorporated the new information provided on the status of Scutellaria montana into the appropriate sections of this rule. The Service recognizes the role of the commercial propagation of listed species in reducing taking pressures on these species in the wild. The Service routinely grants permits for the import and export of and interstate commerce in listed plants when such material is of cultivated origin and it contributes to the conservation of the species. As stated elsewhere in this rule, the Service believes that taking is potentially a significant threat to this spqcies. land and is currently afforded no protection from future timber harvesting or land use changes. All remaining populations are extremely small, consisting of from 4 to 00 plants, and are vulnerable to even slight modifications of their remaining habitat (Rose 1985). One of these small populations may have in fact been destroyed or adversely impacted by timber harvesting conducted before the landowner was aware of the presence of Scutellaria montana. B. Overulilizalion for commercial recreational, scientific, or educational purposes Scutellaria montana is not currently a significant component of the commercial trade in native plants; however, the species has potential for horticultural use and publicity of the species could . generate an increased demand. C. Disease or predation Not applicable to this species at this time. D. The inadequacy of existing present, and future threats faced by this species in determining to make this rule final. Based oh this evaluation, the preferred action is to list Scutellaria montana as endangered. With a small number of populations of this species known to exist, it definitely warrants protection under the Act; endangered, status seems appropriate because of the severe threats facing most of the species' remaining habitat. Critical habitat is not being designated for the reasons discussed below. Critical Habitat Section 4(a)(3) of the Act, as amended, requires that to the maximum extent prudent and determinable, the'Secrelary designate critical habitat at the time a species is determined to be endangered or threatened. The Service finds that designation of critical habitat is not prudent for Scutellaria montana at this time. The species has potential for horticultural use. Increased publicity and the provision of specific location information associated with critical habitat designation could result in Summary of Factors Affecting the regulatory mechanisms taking pressures on the species. Species Scutellaria montana is listed as a After a thorough review and . threatened species on Georgia's official consideration of all information State list. Under the Ceorgia Wildlife available, the Service has determined Preservation Act of 1973, listed species that Scutellaria montana should be are protected from unauthorized classified as an endangered species. removal or cutting from public lands. Procedures found at section 4(a)(1) of Listed species offered for sale in the Endangered Species Act (10 U.S.C. Georgia must have a certificate stating 1531 et seq.) and regulations (50.CFR that they did not originate from public Part 424) promulgated to implement the lands. Scutellaria montana is listed as listing provisions of the Act were ' an endangered species on Tennessee's followed. A species may be determined unofficial list of endangered, threatened, to be. an endangered or threatened and rare plant species. The recently species due to one or more of the five' enacted Tennessee Rare Plant factors described in section 4(a)(1). Protection and Conservation Act of 1985 These factors and their application to will provide some protection for Scutellaria montana Chapm. (large- Scutellaria montana once the provisions flowered skullcap) are as follows: of this act are implemented later this A.The present or threatened destruction, modification, or curtailment of its habitat or range year. The Endangered Species Act will offer additional protection through the recovery process. Scutellaria montana has been and continues to be endangered by human- E. Other natural or manmade factors affecting its continued existence induced alterations of its habitat. The Scutellaria montana is an extremely Publication of critical habitat' descriptions would make Scutellaria montana more vulnerable to taking, since most of the known populations are on privately owned land. Eight of ten of the known populations consist of only a small number of individuals, and the loss, of even a few plants from these populations coulchjeopardize the species. The landowners involved in managing the habitat of the largeflowered skullcap have been informed of the locations of this species and of' the importance of protecting it. Therefore, no additional benefits from the notification function of critical habitat designation would result. Protection of this species' habitat will be addressed through the recovery process and through the section 7 jeopardy standard. Therefore, it is not prudent to determine critical habitat for Scutellaria montana at this time. Available Conservation Measures most significant of these threats to the rare species which only occurs within a Conservation measures provided to species' continued existence are logging, limited geographical area in species listed as endangered or GLEASON-000788