[Federal Register: December 10, 1999 (Volume 64, Number 237)]

[Rules and Regulations]               

[Page 69195-69203]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]





Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE75


Endangered and Threatened Wildlife and Plants; Final Endangered 

Status for the Plant Fritillaria gentneri (Gentner's fritillary)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.


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

endangered status under the Endangered Species Act of 1973, as amended 

(Act), for Fritillaria gentneri (Gentner's fritillary) ( = Mission-

bells). This plant is found only in two counties, Jackson and 

Josephine, in southwestern Oregon. This taxon is threatened by 

residential development, agricultural activities, logging, road and 

trail improvement, off-road vehicle use, collection for gardens, and 

problems associated with small population size. This rule implements 

the Federal protection and recovery provisions afforded by the Act for 

Fritillaria gentneri.

EFFECTIVE DATE: This final rule is effective January 10, 2000.

ADDRESSES: The complete file for this rule is available for inspection, 

by appointment, during normal business hours at the U.S. Fish and 


[[Page 69196]]

Service, Oregon Fish and Wildlife Office, 2600 S.E. 98th Ave., Suite 

100, Portland, Oregon 97266.

FOR FURTHER INFORMATION CONTACT: Andrew Robinson, botanist, at the 

above address or by telephone 503/231-6179.



    Fritillaria gentneri is a red-flowered herb belonging to the lily 

family (Liliaceae). Fritillaria gentneri was discovered by members of 

the Gentner family from Medford, Oregon, who noticed that a red 

fritillary brought into their garden (and seen in a flower arrangement 

at a friend's house) was different from the relatively common ``red 

bells,'' Fritillaria recurva. The new plant species, Fritillaria 

gentneri, was given its scientific name by Helen M. Gilkey (1951). Its 

taxonomic status was reviewed by Guerrant (1992), who addressed the 

question of whether what is referred to as Fritillaria gentneri is, in 

his words, ``a single historical entity''--a distinct species, or 

whether different populations of similar plants might have arisen 

independently from separate hybridization episodes between Fritillaria 

recurva and Fritillaria affinis. He concluded that Fritillaria gentneri 

is a separate species (Ed Guerrant, Berry Botanic Garden, in litt. 


    Fritillaria gentneri has a fleshy bulb and a robust stem 5 to 7 

decimeters (20 to 28 inches (in.)) high. The stems and leaves are 

glaucous (having a bluish waxy coating) and are sometimes mottled with 

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

to 15 centimeters (cm) (3 to 6 in) long and 0.7 to 1.5 cm (0.3 to 0.6 

in) wide at the base, and they are often whorled (in groups of three or 

more at the same point on the stem). The flowers are solitary or in 

bracted racemes (simply branched flowering stem with a small leaf at 

the base of each branch), solitary or in groups of up 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. The style (the slender elongated part 

of the female reproductive organ) is deeply split, about half its 

length. The only other red-flowered fritillary in the vicinity, 

Fritillaria recurva or scarlet fritillary, has styles that are split 

only one-fourth to one-third their length (Gilkey 1951; Peck 1961; 

Meinke 1982).

    Fritillaria gentneri is restricted to southwestern Oregon, where it 

is known only from scattered localities in the Rogue and Illinois River 

drainages in Josephine and Jackson Counties. Fritillaria gentneri 

occurs in dry, open woodlands of fir or oak at elevations below 

approximately 1,360 meters (m) (4,450 feet (ft)). The species is highly 

localized within a 48-kilometer (km) (30-mile (mi)) radius of 

Jacksonville Cemetery. Seventy-three percent of the known plants of 

Fritillaria gentneri are in a central cluster located within an 11-km 

(7-mi) radius of the Jacksonville Cemetery. The remaining plants occur 

as single individuals or occasional clusters of individuals sparsely 

distributed across the landscape.

    We analyzed the status of this species and its population trend by 

dividing its range into a longitude-latitude grid with macro plots or 

cells as the finest unit of resolution. Each macro plot is 0.1 minute 

of latitude by 0.1 minute of longitude, or approximately 0.1 square mi 

(6.3 acres (ac) or 2.56 hectares (ha)). We numbered the macro plots to 

make them easy to locate on topographic maps, using a numbering system 

developed by Dr. Andrew F. Robinson Jr. (U.S. Fish and Wildlife Service 

1998). Fritillaria gentneri was originally reported from 53 macro plots 

but currently is extant in only 45 (or 85 percent of the original 

number). It has been extirpated from 2 of the 40 macro plots in the 

central cluster around Jacksonville Cemetery and from 6 of the 13 

occurrences outside of the central cluster of the species.

    The rarity of Fritillaria gentneri was confirmed, to some extent, 

by information that landowners submitted to us in response to our 

proposal to list this plant as an endangered species (63 FR 13819). 

This proposal was publicized through outreach efforts and in a news 

story in the Daily Courier of Grants Pass. Twelve landowners informed 

us that they had a red fritillary on their lands that they believed was 

Fritillaria gentneri. The number of plants ranged from 1 to 125, with a 

total of 333 plants reported. Two landowners provided fresh flowering 

material (including material from the largest site), which in both 

cases was determined to be Fritillaria recurva (scarlet fritillary). At 

least half (179) of the 333 reported plants are likely to be 

Fritillaria recurva. Three landowners provided photographs. Only one of 

the photographs showed enough detail to allow identification of the 

plant, which was Fritillaria recurva. This species' flowers are quite 

similar to those of Fritillaria gentneri and the only reliable 

distinguishing character is the depth to which the style is split. 

Fritillaria recurva is much more widespread and abundant, but 

Fritillaria gentneri does co-occur with it. To confirm whether 

Fritillaria gentneri occurs at these 12 locations, field visits will be 

necessary during the flowering season (April-June).

    It is difficult to get accurate counts of the number of non-

flowering plants at a location for at least two reasons. Many of the 

plants remain dormant for several years and do not produce above-ground 

stems and flowers. Because a count for any site includes growing plants 

only, it does not count the dormant plants. Secondly, actively growing 

plants may be grazed early on in the growing season by deer, and thus 

do not set flower and are impossible to locate and census. One survey 

counted 60 flowering plants and 200 non-flowering plants (Rolle 1988b). 

Knowing exactly how many plants are present is less important than 

knowing the size of the breeding population, which is an important 

variable. For long-term genetic evolutionary flexibility, a breeding 

population needs to be greater than 500 plants (Falk and Hoslinger 

1991). Even if all the new reports represent Fritillaria gentneri, the 

entire species would barely exceed the minimum number of reproducing 

plants needed for long-term genetic integrity. The minimum numbers of 

plants needed to ensure the species' long-term survival in the face of 

threats to its habitat are probably much greater.

    Ownership information is currently available for 50 of the 53 total 

number of macro plots. Thirteen macro plots are on lands managed by the 

Medford District of the Bureau of Land Management (BLM). Two are on a 

right-of-way managed by the Oregon State Department of Transportation, 

District 8. Three are on lands managed by Southern Oregon University. 

Seven are on lands managed by the City of Jacksonville. The remaining 

25 macro plots are privately owned land, so about half of this plant's 

current distribution (20 out of 45 macro plots with extant populations) 

is on private lands.

    Estimated numbers of flowering plants in the 45 macro plots ranged 

from 1 (for 12 plots) to 100 (Pelton Road plot). The total number of 

flowering plants in the 45 macro plots is 340. The amount of habitat 

occupied within a macro plot varied from the space occupied by a single 

plant (1 square m or 10.75 square ft) to 1.2 ha (3 ac). The counts of 

flowering plants are likely to be very accurate because the plants are 

so easy to spot; however, no estimates are available of how many 

nonflowering or dormant plants might be in the same area.

    Fritillaria gentneri exists in elevations ranging from 

approximately 180 to 1,360 m (600 to 4,450 ft). According to J. Kagan 

(Oregon Natural Heritage Program, Portland, Oregon, pers. comm.

[[Page 69197]]

1997), Fritillaria gentneri is found in three habitats--oak woodlands 

dominated by Quercus garryana (Oregon white oak); mixed hardwood forest 

dominated by Quercus kelloggii (California black oak), Quercus 

garryana, and Arbutus menziesii (madrone); and coniferous forests 

dominated by Arbutus menziesii and Pseudotsuga menziesii (Douglas-fir). 

Although there are thousands of acres of these three habitat types that 

range from Grants Pass, Oregon to south of the Oregon-California 

border, The Nature Conservancy classifies one of these three habitats, 

the oak woodland, as endangered throughout its range; the other two 

habitats are threatened. All three are threatened by urban and 

agricultural development and fire suppression.

    Fritillaria gentneri typically grows in or on the edge of open 

woodlands with Quercus garryana and Arbutus menziesii as the most 

common overstory plants. Pinus ponderosa (western yellow pine) and 

Pseudotsuga menziesii are also frequently present. Arctostaphylos 

viscida (white-leaved manzanita), Ceanothus cuneatus (buckbrush), 

Ceanothus velutinus (snowbrush), Cercocarpus betuloides (plume tree), 

Quercus sadleriana (Sadler oak), and Rhus diversiloba (poison oak) are 

commonly encountered understory shrub species. Herbs are typical of 

those found in the Rogue Valley foothills--Arabis subpinnatifida (ashy 

rock cress), Astragalus accidens var. hendersoni (Rogue River 

milkvetch), Bromus ciliatus (fringed brome), Dodecatheon hendersoni 

(Henderson's shootingstar), Festuca californica (California fescue), 

Festuca idahoensis (Idaho fescue), Fragaria vesca var. bracteata (woods 

strawberry), Fritillaria affinis (mission bells), Fritillaria recurva 

(scarlet fritillary), Lewisia spp. (lewisia), Lomatium utriculatum 

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

Ranunculus occidentalis (western buttercup), Romanzoffia suksdorfii 

(Suksdorf's romanzoffia), Senecio spp. (groundsel), Sidalcea spp. 

(checker-mallow), Stipa lemmonii (Lemmon's needle grass), and Vicia 

americana (American vetch). 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 potential 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) documented exhibited signs 

of disturbance in the past. Rolle has not, however documented that 

earth-moving activity has spread bulblets. The species seems to require 

some infrequent but regular level of disturbance such as the historic 

pattern of fire frequency in the Rogue and Illinois River valleys. It 

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 after other plants have 

colonized a disturbed area, but before taller vegetation becomes 

established and shades it out.

    Fritillaria gentneri is a perennial species that reproduces 

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

According to E. Guerrant (pers. comm. 1997), even though some 

Fritillaria gentneri plants may form fruits and seeds if pollinated, no 

good evidence exists that the seeds produced are fertile or viable. 

Hummingbirds or bumble bees are presumed to be the primary pollinators 

(E. Guerrant, in litt. 1998). Guerrant (1992) sampled eight clusters 

and found a few plants that had seeds, but obvious embryos were not 

documented. Guerrant stated that Fritillaria gentneri may 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 actions on Fritillaria gentneri began as a result of 

section 12 of the Act, which directed the Secretary of the Smithsonian 

Institution to prepare a report on 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. We published 

a notice in the Federal Register on July 1, 1975 (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 therein.

    We initially included Fritillaria gentneri as a ``category 2 

candidate'' in a Notice of Review published on December 15, 1980 (45 FR 

82510). Category 2 candidate species were taxa for which data in our 

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), we 

published a Notice of Review upgrading this species to a category 1 

status, meaning we had sufficient information on biological 

vulnerability and threats to support a proposal to list Fritillaria 

gentneri as an endangered or threatened species. Upon publication of 

the February 28, 1996, Notice of Review (61 FR 7605), we ceased using 

category designations and included Fritillaria gentneri as a candidate 

species. Candidate species are those for which we have on file 

sufficient information on biological vulnerability and threats to 

support proposals to list them as threatened or endangered species. We 

retained Fritillaria gentneri as a candidate species in the September 

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

    On March 23, 1998, we published in the Federal Register (63 FR 

13819) a proposed rule to list Fritillaria gentneri as an endangered 

species. The processing of this final 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. Third priority 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. 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 final rule is 

a Priority 2 action and is being completed in accordance with the 

current Listing Priority Guidance. We have updated this rule to reflect 

any changes in information concerning distribution, status, and threats 

since the publication of the proposed rule.

Summary of Comments and Recommendations

    In the March 23, 1998, proposed rule (63 FR 13819) and associated 

notifications, we requested all interested parties to submit factual 

reports or

[[Page 69198]]

information that might contribute to the development of a final listing 

decision. We contacted and requested comments from appropriate Federal 

and State agencies, county and city governments, scientific 

organizations, private land owners, industrial land owners, and other 

interested parties. Newspaper notices inviting public comments were 

published in the Oregonian (with statewide circulation) on May 1 and 

May 2, 1998.

    During the comment period following the publication of the proposed 

rule, we received 18 written comments. Sixteen favored and two opposed 

the listing of Fritillaria gentneri. Several commenters provided 

information on the status of this plant at several sites and on 

threats, notably from Centaurea solstitialis (yellow star thistle) and 

herbicides used to control the thistle. The new information updated the 

information presented in the proposed rule and is incorporated into 

this final rule. Comments questioning or opposing the proposed rule 

have been grouped into issues for discussion.

    Issue 1: One commenter opposed listing Fritillaria gentneri until a 

thorough search has been conducted for additional populations in order 

to get an accurate count of the total numbers of Fritillaria gentneri.

    Our Response: The Act requires us to make listing decisions using 

the best available scientific and commercial data. Section 4 of the Act 

mandates that we consider the threats to the species based on the five 

listing factors (see the Summary of Factors Affecting the Species 

section of this rule). The information currently available is 

sufficiently complete and accurate and indicates that listing is 

appropriate. While more plants may exist, the range of Fritillaria 

gentneri is small, and the currently known number of flowering plants 

is extremely small. Fritillaria gentneri has been searched for by 

knowledgeable people for years, making it unlikely that a significant 

number of new Fritillaria gentneri are yet to be discovered. Because 

plants tend to suffer mass mortality from random environmental events 

(such as fires, landslides, or shading out by encroaching trees), 

plants are usually considered safe only when they occur in large 

numbers, usually thousands of individual plants. Finding even several 

hundred new plants would not greatly change the current status. 

Information submitted by 12 landowners during the comment period on red 

fritillary plants that might be Fritillaria gentneri (as detailed in 

the ``Background'' section of this rule) did not confirm additional 

plants, although it would be worthwhile to arrange field visits to the 

sites if the landowners are interested. The landowners, for the most 

part, indicated that they are protecting their plants. However, none of 

the landowners indicated that they were managing the habitat in such a 

manner as to slow or reverse the threat from shading of over-story 

trees as the forests mature. Without some sort of disturbance to create 

habitat within these oak woodlands, eventually Fritillaria gentneri 

will disappear as the forests mature. Thus, if additional occupied 

habitat is verified, it will probably be facing successional threats 

and would not reduce the need for listing Fritillaria gentneri.

    Issue 2: One commenter opposed the listing because Fritillaria 

gentneri was already listed under the State of Oregon's Endangered 

Species Act. The commenter also questioned why the U.S. Fish and 

Wildlife Service is involved with plants and listing Fritillaria 


    Our Response: We considered all the existing regulatory mechanisms 

applicable to the species Fritillaria gentneri on private, State, and 

Federal lands throughout its range. These issues are discussed in 

detail in this rule under the ``Summary of Factors Affecting the 

Species'' (Factor D) section of this rule. We conclude that existing 

regulatory mechanisms do not currently provide adequate protection for 

this plant. The Federal listing of this species will protect it from a 

variety of unauthorized activities including removal or reduction to 

possession from areas under Federal jurisdiction or in violation of a 

State law, including criminal trespass. The Federal Endangered Species 

Act provides protection to listed plant species when landowners seek 

Federal permits, funding, or Federal loans for a land development 

project or other activities that may affect the species. Section 

7(a)(2) of the Act requires Federal agencies to ensure that activities 

they authorize, fund, or carry out are not likely to jeopardize the 

continued existence of such a species or to destroy or adversely modify 

its critical habitat.

    The Oregon Endangered Species Act directs the Oregon Department of 

Agriculture (ODA) to maintain a strong program to conserve and protect 

native plant species classified by the State as threatened or 

endangered. The ODA is able to regulate the import, export, or 

trafficking of State-listed plant species when they are in transit. 

However, the ODA's ability to protect plant populations is limited to 

``land owned or leased by the state, or for which the state holds a 

recorded easement.'' Nothing in the Oregon Endangered Species Act is 

intended to require the owner of any commercial forest land or other 

private land or Federal agencies to take action to protect a threatened 

or endangered plant species on their lands. Thus, the protection 

provided by the State listing for Fritillaria gentneri extends only to 

those plant populations on State lands, which includes only 12 macro 

plots or less than 24 percent of the macro plots occupied by 

Fritillaria gentneri. As a result, Fritillaria gentneri occurring on 

private lands receives no protection from their State status as 

endangered. The only sites occupied by this plant that come under the 

protection of the Oregon Endangered Species Act are at the Log Town 

Cemetery on an Oregon Department of Transportation right-of-way, 

Southern Oregon University lands, and lands managed by the City of 

Jacksonville. Listing Fritillaria gentneri under the Federal Endangered 

Species Act provides protection to all occurrences of Fritillaria 


    Additionally, the trade prohibitions and permit requirements of the 

Federal Endangered Species Act provide additional protection against 

interstate trade in this plant. 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. 

In addition, the Act prohibits malicious damage or destruction of 

endangered plants on Federal lands or the removal, cutting, digging up, 

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

State law or regulation, including criminal trespass law. Certain 

exceptions to the prohibitions apply to our agents and State 

conservation agencies.

    As to why we are involved with plants and listing Fritillaria 

gentneri, Congress passed the Act to provide protection for animal and 

plant species that are threatened or endangered with becoming extinct. 

The Act mandates the Secretary of the Interior to determine whether any 

species is endangered or threatened. The Director of the Service is 

responsible to the Secretary of the Interior for the administration of 

the Act (16 U.S.C. Secs. 1531-1544). Additional information about our 

involvement with plants can be found in the ``Previous Federal Action'' 

section of this rule.

[[Page 69199]]

Peer Review

    In accordance with our peer review policy published July 1, 1994 

(59 FR 34270), we solicited the expert opinions of appropriate and 

independent specialists regarding pertinent scientific or commercial 

data relating to the biological and ecological information for 

Fritillaria gentneri. Comments provided by Richard Maudlin, Barbara 

Mumblo (a private botanical consultant in Southwest Oregon), Dr. Ed 

Guerrant (Conservation Director, the Berry Botanic Garden), and the 

Klamath Siskiyou Wildlands Center supported our position that 

Fritillaria gentneri was endangered, and their comments were 

incorporated into this final rule.

Summary of Factors Affecting the Species

    Section 4 of the Act and the regulations (50 CFR Part 424) that 

implement the listing provisions of the Act lay out 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 

Fritillaria gentneri (Gentner's fritillary) (= Mission-bells) are as 


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

of its Habitat or Range

    In the following discussion, the term ``development'' includes 

housing construction, such as driveway placement, lots for sale, 

cemetery expansion, trail maintenance, road widening, enlarging a 

landfill, 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. Together these individuals and clusters are thought to form 

either one single population of approximately 340 flowering plants or a 

few smaller populations and isolated individuals. As stated previously, 

this species was originally documented to occur in 53 locations (macro 

plots). Between 1941 and the present, the plant has been extirpated 

from 8 of 53 macro plots. Three locations, Grants Pass, Medford, and 

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

original collections by Gentner (1941) and Gilkey (1951). We believe 

that the populations at these three locations were probably destroyed 

by development. Since 1982, Kagan and Rolle documented construction for 

homes, schools, associated roads, driveways, and agricultural 

conversions that destroyed all the plants at five locations that 

include 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).

    The threat of habitat loss to Fritillaria gentneri is evident when 

both the size and the status 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 are in an area of habitat equal to or greater than 0.4 ha (1 ac). 

Many are in areas smaller than 0.04 ha (0.1 ac) (Service 1997). With 

such limited area, a small amount of disturbance could extirpate all of 

the plants in a local area.

    Habitat loss is the main threat to this species. Habitat loss due 

to ongoing or future development may occur at 42 percent of the 

occupied sites (19 macro plots--all within the central core area). 

Ongoing development accounts for 13 percent (6 macro plots) of the 

anticipated habitat loss with all the development but Pelton Road being 

in the central core area. Future development may include loss of 

habitat for the other 29 percent (13) of the occupied sites, with all 

of this occurring within the central core area (U.S. Fish and Wildlife 

Service 1997).

    Ongoing development is threatening Fritillaria gentneri in six 

locations. Rolle (1988b) noted that at Pelton Road, outside the core 

area, habitat was being destroyed as he was sampling the cluster. On 

that site visit, Rolle (1988b) reported 60 flowering plants and 200 

nonflowering 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 Wayne Rolle (U.S. Forest 

Service (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 at the dump were 

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 site is 

still expanding toward other Fritillaria gentneri plants, but the 

expansion had stopped just short of destroying the rest of the plants.

    Future development is possible for about 13 locations (macro plots) 

of the species (29 percent of the total) from the central core area 

that includes plants growing at Bellinger Hill, Britt Grounds, 

Jacksonville Cemetery, Placer Hill Drive, and Sterling Creek Road. 

Rolle (pers. comm. 1997) stated that some of the Bellinger Hill plants 

occurred in a private backyard. At the time of Rolle's 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 ha (97 ac) of land managed by BLM or Southern 

Oregon University. Two development threats face the Britt Grounds 

plants, trail construction and construction of a city waterline. Trail 

construction will affect all of the plants, whereas the waterline 

construction will impact half of the plants. Maxxon (1985) reported 

that there were approximately 50 plants in the Jacksonville Cemetery 

area, about half of them (18 to 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. The 

property on the eastern side of the cemetery, part of an 1851 land 

grant, has been divided into 2 to 4-ha (5 to 10-ac) parcels, and some 

homes have been built and more are planned where Fritillaria gentneri 

currently exists. One of these areas has already been excavated for a 

home site (Maudlin in litt. 1998). Highway 238 also is proposed to 

extend through the area where Fritillaria gentneri grows (Maudlin in 

litt. 1998). Within the cemetery proper, Maxxon (1985) mapped 12 plants 

growing on cemetery plots. As the cemetery expands, additional plants 

may be destroyed during excavation; at least eight plants mapped by 

Maxxon (1985) currently

[[Page 69200]]

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

(1988g) documented approximately 15 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 that 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). 

The property across the street was also for sale (Guerrant, pers. Comm. 

1997). Similarly, Rolle (pers. comm. 1997) reported that the Sterling 

Creek plants occur on 40.4 square m (less than 0.01 ac) 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 macro plots, 20 occur on private lands and 

are unlikely to persist over the long term.

    Desirable habitat on public lands is still being removed. 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 all use the 

trails and have the potential to trample and pick the plants. At the 

Antioch Road 2 location, Henshel (1994c) noted that the plants were 

located on both sides of a dirt bike trail.

B. Overutilization for Commercial, Recreational, Scientific, or 

Educational Purposes

    Many species of Fritillaria are cultivated. According to Gilkey 

(1951), Fritillaria gentneri was successfully grown in the Gentner 

family garden and the Gentners saw the species being used in flower 

arrangements. This native lily is quite attractive, and furthermore, 

the genus Fritillaria has many species (mostly from Eurasia) that are 

widely cultivated, including guinea flowers and crown imperial. ``Bulb 

fanciers the world over worship at the feet of this captivating clan of 

lily-like plants'' (Kruckeberg 1996). Kruckeberg also comments that 

``the collecting of bulbs can no longer be countenanced as fritillaries 

are fast disappearing from their native habitats,'' and he recommended 

propagation from seed.

    The rarity of Fritillaria gentneri may attract horticulturists 

seeking to cultivate rare species. Furthermore, the viability of the 

seed set of Fritillaria gentneri is very poor, and the capsules tend to 

be eaten by wildlife before seed can mature (Rolle 1988d). Lack of 

viable seed increases the incentive for collectors to dig the bulbs. 

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. Roadside populations of Fritillaria gentneri are 

especially vulnerable to collection. 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 were 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 attention (Guerrant pers. 

comm. 1997). Collecting has been documented in Britt Grounds (Tomlins 

1993, Seever pers. comm. 1997) along the trails. Disseminating 

specific, sensitive location records can encourage illegal collection 

(M. Bosch, Forest Service, in litt. 1997; B. Mumblo, in litt. 1998). 

Overcollection of other lilies such as Lilium occidentale (western 

lily), a federally listed endangered species (59 FR 42171), has been 

documented by Ballantyne (1980) and Schultz (1989).

C. Disease or Predation

    Fritillaria gentneri plants suffer from both disease and predation, 

reducing their numbers and productivity. Secondary fungal infections 

were present to some degree at the Cady Road, Jacksonville Cemetery, 

Jackson County Dump, Pelton Road, Placer Hill Drive, and Wagon Trail 

Drive sites (Rolle 1988d). Many of the plants that were tagged for seed 

collection by Rolle had the capsules eaten by wildlife before the seed 

capsules matured (Rolle 1988d)--of the 14 plants tagged at Wagon Trail 

Drive, 9 plants had no capsules; at Cady Road, 4 of 4 flagged plants 

had the capsules bitten off; at the Jacksonville Cemetery, 6 of 6 

flagged plants had no mature capsules found on any part of the plant; 

at Pelton Road, 19 of 48 flagged plants were knocked down, eaten, or 

did not develop; and at Placer Hill Drive, 1 of 5 flagged plants had 

the capsules bitten off.

D. The Inadequacy of Existing Regulatory Mechanisms

    In 1963, the protection of Oregon's natural botanical resources was 

initiated with the passage of the Oregon Wildflower Law (ORS 564.010-

564.040). This law was designed to protect showy plants such as lilies, 

shooting stars, orchids, and rhododendrons from collection by 

horticulturists interested in these species' domestication. The law 

prohibits the collection of wildflowers from within 60.9 m (200 ft) of 

a State highway. 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 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.

    State-listed as endangered, Fritillaria gentneri receives 

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 land owners are not required to protect 

State-listed species. As a result, Fritillaria gentneri occurring on 

private lands receives no protection from its State status as 

endangered. The only sites with this plant that fall under protection 

of the Oregon Endangered Species Act are at the Log Town Cemetery on an 

Oregon Department of Transportation right-of-way, Southern Oregon 

University lands, and lands managed by the City of Jacksonville.

    BLM manages lands occupied by Fritillaria gentneri. Although no 

conservation agreement has been developed with the BLM that 

specifically notes Fritillaria gentneri, the species was given some 

protection through a general conservation agreement that applies to all 

Federal candidate species. As noted in factor A above, however, 

activities on BLM lands threaten the plant.

    Fritillaria gentneri is classified by the Oregon Natural Heritage 

Program as a G1 category species, which identifies

[[Page 69201]]

this species as one that is threatened with extinction throughout its 

entire range. This designation provides recognition but no protection.

    There are several other regulations enacted by the State of Oregon 

that provide protective measures for federally listed threatened and 

endangered species. Oregon Administrative Rules (OAR), Chapter 340, 

Division 94 (OAR 340-094-0030) addresses location restrictions for 

solid waste and municipal solid waste landfills. OAR Chapter 340, 

Division 95 (OAR 340-095-0010) addresses location restrictions for 

disposal sites on nonmunicipal land other than municipal solid waste 

landfills. Both OAR 340-094-0030 and OAR 340-095-0010 state that no 

person shall establish, operate, expand or modify a landfill in a 

manner that will cause or contribute to the actual or attempted--(1) 

harming collecting, or killing of endangered or threatened species of 

plants, fish, or wildlife; (2) direct or indirect alteration of 

critical habitat that appreciably diminishes the likelihood of the 

survival and recovery of threatened or endangered species using that 

habitat. Five of the 45 macro plots (at least 27 plants) of Fritillaria 

gentneri would fall under the protective measures of OAR 340-094-0030.

    OAR 141-089-0015 General Authorization for Certain Road 

Construction Projects provides protective measures by stating road 

construction activities (e.g., repairing, widening, replacing, 

realigning) shall not adversely affect State or Federal threatened or 

endangered species or their critical habitat. The population of 

Fritillaria gentneri along State highway 238 is covered by the 

protective measures of OAR 141-089-0015.

    OAR 635-415-0030 Fish and Wildlife Habitat Mitigation Goals and 

Standards provides protection for ``Habitat Category 1.'' ``Habitat 

Category 1'' is a State of Oregon classification for habitat that is of 

exceptional value for an evaluation species and is irreplaceable and 

unique; or that is essential habitat of any State of Oregon listed 

threatened or endangered species; or that is the critical habitat as 

defined in the Act of any federally listed threatened or endangered 

species. OAR 635-415-0030 states that the mitigation goal is no loss of 

either habitat units or habitat value and that the Oregon Department of 

Fish and Wildlife shall act to protect ``Category 1'' habitats by 

recommending or requiring--(1) avoidance of impacts through 

alternatives to proposed development action, or (2) no authorization of 

the proposed development action if impacts cannot be avoided. Thirty-

two macro plots of Fritillaria gentneri would be protected under this 

State law.

    Despite being currently State-listed as endangered and coverage 

from other State regulations, populations of Fritillaria gentneri on 

private lands are still being destroyed. Privately held sites 

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

substantial role in its continued existence.

E. Other Natural or Manmade Factors Affecting its Continued Existence.

    Fire suppression is causing Fritillaria gentneri's preferred open 

oak woodland habitat to become more thickly wooded and less grassy, 

excluding the species. At the same time, 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. Closure of the forest canopy will shade the 

plants. The forest canopy at the Wagon Trail site is currently being 

closed by encroaching Douglas-fir and madrone, threatening the 

continued occupancy of this macro plot by its 14 Fritillaria gentneri 

plants (Rolle, pers. comm. 1997).

    Oak woodland requires a frequent, low-intensity fire management 

regime to maintain the open canopy. Southwestern 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. As the area 

developed, 50 to 60 years of fire suppression ensued. 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, restoring fire to the habitat has now 

become increasingly difficult. Therefore, much of the habitat of 

Fritillaria gentneri has not been removed but has changed to densely 

closed woodland with a dry shrub understory. Prescribed fire would be a 

good tool in managing for Fritillaria gentneri on BLM lands. However, 

given that fire suppression will likely continue, the thickening shrub 

understories 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 individual plants being 

distributed as separated individuals or in clusters ranging in size 

only up to 100 plants. Small numbers increase the risk from random 

losses of plants, and small numbers combined with widely separated 

individuals increase the risk of random loss of genetic diversity owing 

to founder effects or inbreeding. If a population suffers from 

inbreeding depression, then its 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) to maintain genetic diversity. For long-term 

evolutionary flexibility, the authors recommend a MVP of 500. That 

means that any population below 50 is subject to inbreeding 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 inbreeding depression is still contested, the negative genetic 

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

difficult to ignore. Guerrant (pers. comm. 1997) stated that he sampled 

eight clusters of Fritillaria gentneri plants and did not find one 

embryo. He stated that the plants are probably sterile. The plant is 

largely reproducing asexually, which could be a result of the small 

population size.

    With only 1 of the 45 sites containing 100 flowering individuals, 4 

sites having 11 to 34 flowering individuals, and the remaining 40 sites 

having only 10 or fewer flowering individuals of Fritillaria gentneri, 

the threat of extinction due to naturally occurring demographic and 

environmental events reduces the viability of the species as a whole. 

Because most Fritillaria gentneri sites occupy small areas, naturally 

occurring environmental events could also play a role in extirpation. 

Small clusters can disappear with one environmental event, such as 

erosion. 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 extirpate small, localized occurrences 

along roadsides. Approximately 29 percent (13) of the plant occurrences 

(macro plots) are reported along roadsides and could be affected or 

potentially extirpated by spraying or other roadside maintenance 

activities. In particular, herbicides could potentially to be used to 

control Centaurea solstitialis (yellow star thistle), a noxious weed 

that is increasingly abundant in southwestern Oregon, often occurring 

on roadsides and brought in on equipment with new housing development 

to locations where Fritillaria gentneri occur or could occur (B. Mumblo 

in litt. 1998).

    In developing this final rule, we have carefully assessed the best 

scientific and commercial information available

[[Page 69202]]

regarding the past, present, and future threats faced by this species. 

Based on this evaluation, we find that Fritillaria gentneri should be 

listed as endangered. This plant is found only in two counties, Jackson 

and Josephine, in southwestern Oregon. Habitat loss is the main threat 

to this species. Habitat loss due to ongoing or future development may 

occur at 42 percent (19) of the central core area's occupied sites. 

This taxon is threatened by residential development, agricultural 

activities, forestry activities, and road and trail improvement. Other 

threats include offroad vehicle use, collecting the species for 

gardens, disease, and predation. Small population size and limited 

distribution make this taxon particularly vulnerable to extinction from 

reduced reproductive vigor or from random environmental events. Because 

this taxon is in danger of extinction throughout all or a significant 

portion of its range, it meets the definition of endangered as defined 

by the Act. Therefore, the determination of endangered status for 

Fritillaria gentneri (Gentner's fritillary) is appropriate.

Critical Habitat

    Critical habitat is defined in section 3(5)(A) of the Act, as 

amended, 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.

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

Fritillaria gentneri. The Final Listing Priority Guidance for FY 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 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 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 Fritillaria gentneri will allow us to concentrate our 

limited resources on higher priority critical habitat and other listing 

actions, while allowing us to put in place protections needed for the 

conservation of Fritillaria gentneri without further delay. The 

proposed critical habitat determination for Fritillaria gentneri will 

be published in the Federal Register subsequent to this final 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 listed as 

endangered or threatened and with respect to its critical habitat, if 

any is designated. Regulations implementing this interagency 

cooperation provision of the Act are codified at 50 CFR Part 402. 

Section 7(a)(2) requires Federal agencies to ensure that activities 

they authorize, fund, or carry out are not likely to jeopardize the 

continued existence of 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 

consultation with us. The principal Federal agency expected to have 

involvement with Fritillaria gentneri is the BLM, which manages many of 

the sites where this species occurs.

    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. In addition, the Act 

prohibits malicious damage or destruction of endangered plants on 

Federal lands or the removal, cutting, digging up, damaging, or 

destroying of such plants in knowing violation of any State law or 

regulation, including criminal trespass law. Certain exceptions to the 

prohibitions apply to agents of the Service and State conservation 


    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. 

Such permits are available for scientific purposes and to enhance the 

propagation or survival of the species. We anticipated that few trade 

permits would ever be sought or issued for Fritillaria gentneri because 

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

    Our policy, published in the Federal Register (59 FR 34272) on July 

1, 1994, is to identify to the maximum extent practicable when a 

species is listed those activities that would or would not be a 

violation of section 9 of the Act. Such information clarifies the 

potential impacts of a species' listing on activities within its range.

    We believe that, based on the best information available at this 

time, the following actions will not likely result in a violation of 

section 9, provided these activities are carried out in accordance with 

existing laws and regulations, including State laws and regulations, 

and permit requirements:

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

agencies (e.g., grazing management, agricultural conversions, flood and 

erosion control, residential development, recreational trail 

development, road construction, hazardous material containment and 

cleanup activities, prescribed burns, pesticide/herbicide application, 

construction or maintenance of pipelines or utility lines), when 

conducted in accordance with any consultation under section 7 of the 


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


[[Page 69203]]

sightseeing, photography, camping, or 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 when consistent with label restrictions;

    (4) Residential landscape maintenance, including the clearing of 

vegetation around one's personal residence as a firebreak.

    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) Collection, damage, or destruction of Fritillaria gentneri on 

Federal lands without a Federal permit. Fritillaria gentneri occurs on 

BLM lands.

    (2) Collection, damage, or destruction of this species on non-

Federal land if conducted in knowing violation of Oregon State law or 

regulations, or in violation of Oregon State criminal trespass law. The 

Oregon State Endangered Species Act protects Fritillaria gentneri on 

State lands or rights-of-way and also prohibits import, export, or 

trafficking of this species.

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

previously obtaining an appropriate permit. Permits are available for 

purposes of scientific research and enhancement or survival of the 


    Questions regarding whether specific activities will violate 

section 9 of the Act should be directed to the Field Supervisor of our 

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

regulations for listed plants and inquiries about prohibitions and 

permits may be addressed to the U.S. Fish and Wildlife Service, 

Ecological Services, Permits Branch, 911 N.E. 11th Avenue, Portland, 

Oregon 97232-4181 (telephone 503/231-2063; facsimile 503/231-6243).

National Environmental Policy Act

    We have determined that we do not need to prepare Environmental 

Assessments and Environmental Impact Statements, as defined under the 

authority of the National Environmental Policy Act of 1969, in 

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

Endangered Species Act of 1973, as amended. We published a notice 

outlining our reasons for this determination in the Federal Register on 

October 25, 1983 (48 FR 49244).

Paperwork Reduction Act

    This rule does not contain any information collection requirements 

for which Office of Management and Budget (OMB) approval is required 

under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 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. An agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information 

unless it displays a currently valid OMB control number. This rule does 

not alter that information collection requirement.


    A complete list of all references cited in this rule, as well as 

others, is available upon request from our Oregon Fish and Wildlife 

Office (see ADDRESSES section).

    Author. The primary author of this final rule is Andrew F. Robinson 

Jr., botanist, U.S. Fish and Wildlife Service, Oregon Fish and Wildlife 

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 

recordkeeping requirements, Transportation.

Final Regulation Promulgation

    For the reasons outlined in the preamble, we amend part 17, 

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

as set forth below:


    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 


Sec. 17.12  Endangered and threatened plants.

* * * * *

    (h) * * *



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

         Scientific name                Common name                                                                               habitat       rules



                   *                  *                  *                  *                  *                  *                  *

Fritillaria gentneri.............  Gentner's fritillary  U.S.A. (OR)........  Liliaceae..........  E                       672           NA           NA

                   *                  *                  *                  *                  *                  *                  *


    Dated: November 2, 1999.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 99-32021 Filed 12-9-99; 8:45 am]