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Endangered and Threatened Wildlife and Plants; Reclassification of the Virginia Round-Leaf Birch (Betula Uber) From Endangered to Threatened
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 16, 1994]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC09
Endangered and Threatened Wildlife and Plants; Reclassification
of the Virginia Round-Leaf Birch (Betula Uber) From Endangered to
Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
SUMMARY: The U.S. Fish and Wildlife Service (Service) determines that
Betula uber (Ashe) Fernald (Virginia round-leaf birch) warrants
reclassification from endangered to threatened. The determination is
based on the substantial improvement in the status of this tree
species, which is known from one naturally occurring population in
southwestern Virginia. The establishment of 20 additional populations
over the past decade has resulted in a dramatic increase in the total
population to over 1,400 subadult trees. Betula uber seedlings also
have been cultivated and distributed to interested parties throughout
the United States and to two foreign countries. This rule implements
the Federal protection and recovery provisions for threatened species
as provided by the Act.
EFFECTIVE DATE: December 16, 1994.
ADDRESSES: The complete file of this rule is available for inspection,
by appointment, during normal business hours at the Endangered Species
Office, U.S. Fish and Wildlife Service, 300 Westgate Center Drive,
Hadley, MA 01035-9589.
FOR FURTHER INFORMATION CONTACT: Ms. Debbie Mignogno at the above
address, telephone (413/253-8627) (FAX 413/253-8482).
SUPPLEMENTARY INFORMATION:
Background
The Virginia round-leaf birch was originally described as a variety
of the common sweet birch (Betula lenta L.) in 1918 by W.W. Ashe from
trees he reported growing along the banks of Dickey Creek in Smyth
County, Virginia (Ashe 1918). The taxon was subsequently elevated to
the species level by M.L. Fernald. The round-leaf birch was not
collected or observed during the 1950s and 1960s, and was assumed to be
extinct until it was rediscovered in 1975 along the banks of Cressy
Creek, approximately 2 kilometers (1 mile) from the type locality (Ogle
and Mazzeo 1976). The general consensus among botanists working with
the species is that Ashe probably erred in his original reference to
Dickey Creek (Sharik and Ford 1984, Sharik, Feret and Dyer 1990). Since
1975, searches in the Cressy Creek and other watersheds over a threecounty
area have not revealed any additional populations in the wild.
Several lines of evidence now suggest a close evolutionary
relationship between the Virginia round-leaf birch and the sweet birch.
Both taxa are apparently diploids, with 28 pairs of chromosomes, and
isozymes extracted from the cambium of both species showing similar
patterns (U.S. Fish and Wildlife Service 1990). The taxa overlap
completely in flowering times, and they are interfertile (Sharik and
Ford 1984, U.S. Fish and Wildlife Service 1990). The offspring of
crosses between the two taxa typically possess either the round leaves
characteristic of round-leaf birch or the ovate leaf shape typical of
sweet birch. Preliminary analysis suggests that this difference in leaf
shape may be controlled by a single gene (Sharik et al. 1990, U.S. Fish
and Wildlife Service 1990). This subject warrants further data
collection and analysis to determine the species' proper taxonomic
status.
Betula uber is a moderate-sized tree in the Betulaceae family. It
grows to 15 meters (45 feet) in height with smooth, dark brown to
black, aromatic bark and a compact crown (Ogle and Mazzeo 1976, Sharik
and Ford 1984, U.S. Fish and Wildlife Service 1990). Its leaves are
round to slightly oblong and alternately arranged. The catkins have
long, smooth scales and three broadly divergent lobes. Three winged
nutlets or samaras are borne at the base of each scale (Sharik and Ford
1984). Betula uber flowers when the leaves emerge from the winter buds
in April to early May (U.S. Fish and Wildlife Service 1986).
At the time of its rediscovery in 1975, the only known natural
Betula uber population consisted of 41 individuals; by 1977 the
population had declined to 26 individuals, and it is now down to 11
trees. This population is confined to a 100 meter-wide (100 yard-wide)
band of highly disturbed second-growth forest along a one kilometer (1
mile) stretch of the Cressy Creek floodplain, a site nearly surrounded
by agricultural land (Ogle and Mazzeo 1976, Ford, Sharik and Feret
1983). The strip of forest containing the round-leaf birch occurs
within a much larger population of related dark-barked birch species
(sweet birch and yellow birch, B. alleghaniensis). The round-leaf birch
population extends over three contiguous ownerships comprising the
Mount Rogers National Recreation Area in the Jefferson National Forest
and two private tracts. In 1976, the Federal government and the private
landowners erected protective fences around their respective segments
of the population. This did not, however, prevent subsequent vandalism
and transplanting of individual trees by private landowners, with a
resultant loss of 12 round-leaf birches on the private lands.
Previous Federal Action
Protection of the species gained momentum in 1977 with formation of
the Betula uber Protection, Management and Research Coordinating
Committee, which consists of representatives from the Federal and State
governments, conservation organizations, universities, and the private
sector. Betula uber was added to the U.S. Department of the Interior's
list of endangered and threatened wildlife and plants on April 26, 1978
(43 FR 17910), bringing it under the protection of the Endangered
Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The
species was also added to the Commonwealth of Virginia's Endangered
Plant and Insect Species Act in 1979 (Virginia Department of
Agriculture and Consumer Services 1979).
In 1982, the Service approved the Virginia Round-Leaf Birch
Recovery Plan (U.S. Fish and Wildlife Service 1982), which was revised
in 1986 and updated in 1990. The goal of this plan is to increase the
number of round-leaf birches in the wild to a level where the species
can be removed from the Federal list; this level is estimated at 500-
1,000 individuals in each of 10 self-sustaining populations. These
populations may include individuals of sweet birch which carry the
round-leaf trait. Any population of round-leaf birch, whether natural
or established through plantings, will be considered self-sustaining
when it produces 500-1,000 individuals greater than 2 meters (6 feet)
tall. Given the present status of round-leaf birch and current
knowledge of its life history, this condition is projected to be met by
the year 2010 in both the natural and additional populations. The 1990
plan does not document a reclassification objective; nevertheless,
significant recovery progress can trigger consideration for
reclassification to threatened.
The natural population has been monitored closely since 1978. Given
the heavy mortality that has occurred in this population since 1975, an
effort to enhance natural regeneration was implemented in 1981. Two
small areas were cleared of vegetation within 60 meters (65 yards) of
potential seed sources, one on public land and one on private land.
Eighty-one round-leaf birch seedlings were recorded on the private
property site. Round-leaf birch seedlings were not produced at the
public land site, and this was attributed to the absence of a pollen
source for the relatively isolated round-leaf birch mother trees
growing there (Sharik et al. 1990). Initial survival and growth rates
of the seedlings suggested that fitness in round-leaf birch may be as
high as that in sweet birch (Sharik et al. 1990). However, all of the
30 round-leaf birch seedlings remaining after the end of the second
growing season were gone by 1986, the apparent result of vandalism, as
whole plants (including roots) were missing.
In 1984, The Nature Conservancy acquired 14 hectares (35 acres) of
land adjacent to the natural population. The land was in turn purchased
by the U.S. Forest Service in 1986 and has since been managed as
potential round-leaf birch habitat; however, round-leaf birches
currently do not occur there.
Given the initial success of experiments with birch regeneration,
it was concluded that additional populations could be established and
that they could be self-sustaining given periodic disturbance. In
preparation for planting of seedlings, 20 small (0.1 hectare) (.3 acre)
openings were cleared in wooded areas within the Cressy Creek watershed
in locations where sweet birch was abundant. Seeds were collected from
six round-leaf birch mother trees and four sweet birch mother trees,
germinated in greenhouse conditions, and held in cultivation for two to
three growing seasons before transplanting to the cleared areas in 1984
and 1985. Additional seeds were germinated in 1985 for transplanting in
1986 and 1987.
Five populations per year were established over the 4-year period,
for a total of 20 populations, with the hope that a minimum of 10
populations would be self-sustaining. Each newly-established population
consisted of 96 individuals, including both round-leaf and sweet birch
progeny. Habitat management to promote the establishment of these
populations included fencing trees from browsers, removing competing
vegetation around individual transplants, and removing competing
vegetation from the forests bordering the populations. As of May 1992,
survival averaged 77.5 0.000000or all populations regardless of the mother
tree species, and ranged from 7.2to 96.9(Sharik et al. 1990). On
this basis, 19 of the additional populations offer the possibility of
self-maintenance.
Retention of round-leaf germplasm began in 1975 when the U.S.
National Arboretum transplanted three seedlings from the wild to their
grounds in Washington, D.C. Approximately 50 plants were produced from
the 3 genotypes; these plants were distributed to arboreta, botanical
gardens, and nurseries in the United States and 2 European countries
(Sharik et al. 1990). In 1988, approximately 2,000 seedlings from
crosses of selected genotypes were propagated for distribution to
arboreta and botanical gardens for teaching and research. Since 1989,
round-leaf birch seedlings have been distributed to other interested
organizations and individuals under policy guidelines developed by the
Virginia Agricultural Experiment Station. Recipients are required to
cover costs and sign a waiver that they will not sell the plants or
their offspring.
To increase awareness of the recovery effort and to minimize human
impact on the natural population of round-leaf birch located on private
property, the trees on public land have been the focus of an ongoing
round-leaf birch interpretive program. A sign erected by the U.S.
Forest Service gives the location of the largest round-leaf birch in
the population--the Mt. Rogers Viewing Area--and a ramp provides a
close-up view of the tree, which is enclosed by a chain link fence.
Informational materials and guides tell the round-leaf birch story from
its discovery through current recovery activities.
After a decade of coordinated effort by Federal, State, and private
agencies and institutions, as well as private landowners, the outlook
for the Virginia round-leaf birch has brightened considerably. Because
of the significant progress made toward recovery of the species and the
species' current status, reclassification of the Virginia round-leaf
birch to threatened status is warranted. The current status of Betula
uber is described below:
- Ten additional populations have been established in suitable
habitat; these populations have showed an average survival rate of
<gr-thn-eq> 7512ver a 5 to 8 year period and have reached the stage of
initiating reproduction.
- Genotypes have been preserved through a program of sexual
propagation and through maintenance of a breeding orchard.
- The single natural population is extant, and there are
opportunities to protect and manage its habitat.
- Sufficient information is known to facilitate Betula uber
reproduction through habitat management.
Based on a review of status information, research results, and
further planned recovery actions, it appears highly likely that
progress toward the delisting objective specified in the recovery plan
will continue.
Summary of Comments and Recommendations
In the December 6, 1993 (58 FR 64281), proposed rule and associated
notifications, all interested parties were requested to submit factual
reports and information that might contribute to the development of a
final rule. Appropriate Federal and State agencies, the Smyth County
government, scientific organizations, and interested parties were
contacted by letter dated December 21, 1993. A legal notice was
published in the Smyth County News in December 1993.
Five written comments were received. The Virginia Department of
Agriculture and Consumer Services and Dr. Terry L. Sharik, University
of Utah, support reclassification of the Virginia round-leaf birch to
threatened status. However, The Nature Conservancy and Mr. Omar G. Ross
do not support reclassification based on the present status of the one
naturally-occurring population and the young age of the established new
populations. One individual supported the Service's efforts to recover
the species, but did not state his position on the proposed
reclassification.
Questions regarding the status of the Virginia round-leaf birch,
and its eligibility for reclassification to threatened status include:
(1) Questionable viability of the existing natural stand of 11 Virginia
round-leaf birches; (2) the immature status of the 20 introduced
populations which have not yet reached sexual maturity, which means
that reproductive capability has not yet been demonstrated; and, (3) it
is unknown whether the existing stands can be self-maintaining. In
response, the Service's recovery objective for this species, as
outlined in the Virginia Round-Leaf Birch Recovery Plan (U.S. Fish and
Wildlife Service 1990), is to ensure viable self-sustaining populations
by increasing the number of individuals in the wild. Scientists who
have worked extensively with the round-leaf birch generally agree that
the 20 introduced populations are highly likely to reproduce in the
near future. The proven ability to propagate the plant, the variety of
habitat conditions it appears to tolerate, the fact that all introduced
populations and a portion of the native population are on protected
Forest Service lands, the survival rate of the seedlings, and the
comparative overall status of the species since the species was listed,
indicate that the species is not in immediate danger of extinction.
Threats to the species have been effectively diminished, and
opportunities for further habitat protection and management exist.
Therefore, reclassification to threatened status reflects the Service's
awareness that threats continue to exist for Betula uber, though it is
no longer in immediate danger of extinction.
Summary of Factors Affecting the Species
After a thorough review and consideration of all information
available, the Service has determined that Betula uber should be
reclassified as a threatened species. Procedures found in section
4(a)(1) of the Act and regulations implementing the listing provisions
of the Act (50 CFR part 424) for reclassifying species on the Federal
lists were followed. A species may be listed or reclassified as
threatened or endangered due to one or more of the five factors
described in section 4(a)(1). These factors and their application to
Betula uber (Ashe) Fernald (Virginia round-leaf birch) are as follows:
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The Virginia round-leaf birch is a pioneer species that succumbs to
competition from longer-lived species. Under natural conditions,
Virginia round-leaf birch habitat is threatened by factors such as
drought, flooding, and competing vegetation. In this regard, by 1984
flooding and competition with later successional species had caused the
death of 14 individual trees in the natural population.
There are 11 trees, 4 reproductively mature adults and 7 subadults,
remaining in the natural population. Only 2 of the 11 trees occur on
publicly protected land. The nine trees on private lands remain
susceptible to adverse habitat modification or to vandalism. However,
these threats have been greatly diminished through efforts to achieve
landowner cooperation and public awareness together with the widespread
distribution of artificially propagated seedlings to the public.
The optimum habitat requirements of this species apparently are
very similar to these of sweet birch. Therefore, most of the 20
introduced populations were planted in areas where sweet birch was
abundant and could be expected to regenerate well. Additionally, the 20
established populations were planted on U.S. Forest Service lands; thus
protecting these individuals from take. Further, their habitats are
protected from adverse modification and may be managed specifically to
enhance the species' survival.
As part of the U.S. Forest Service's land management activities,
competing vegetation is periodically removed from the base of the
established trees. Because birches, in general, are known to be
sensitive to elevated temperatures and reduced moisture (T.L. Sharik,
Michigan Technological University, pers. comm., 1992), care is taken
while raking around the trees to avoid removal of too much organic
matter and exposure of the roots (C. Thomas, U.S. Forest Service, pers.
comm., 1992).
On Forest Service land, a bank stabilization project located near
the fenced enclosure of the largest Betula uber specimen at the Mt.
Rogers Viewing Area was completed in the summer of 1992. This project,
which was designed to hold excessive runoff in the existing stream
channel in order to prevent flooding or erosion of birch habitat, has
apparently achieved its aims without causing any unintended deleterious
effects on the birch population.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
To date, the historical loss of 10 of the original 41 individuals
in the population discovered in 1975 (Sharik et al. 1990) can be
attributed to transplanting of individual trees on the privately-owned
tracts and to vandalism. Collection accounts for an additional loss of
30 seedlings in 1981 from the private land portion of the natural
regeneration study area (U.S. Fish and Wildlife Service 1990, Sharik et
al. 1990). Beginning in 1988, in an attempt to reduce collection
pressure, and to protect from loss of genetic diversity due to illegal
collecting, seedlings were produced from controlled crosses at a
breeding orchard located at the Reynolds Homestead Research Center in
Critz, Virginia. The orchard is maintained by periodic mowing, weeding,
inspection, and treatment for insects and diseases. The majority of the
seedlings are in good to excellent condition.
Beginning in 1988, public arboreta, botanical gardens, nurseries,
and other interested parties were informed of the availability of
round-leaf birch seedlings produced from the breeding orchard, and many
requests were filled, subject to the condition that the plants or their
offspring were not to be sold. In addition to increasing the number and
geographical distribution of round-leaf birches in cultivation, making
the plants available to the public was viewed as a way of possibly
reducing vandalism to the natural population by changing the public's
perception of the tree as rare.
While vandalism and collection remain concerns, the distribution of
seedlings, along with public awareness efforts such as the interpretive
activities at the Mt. Rogers National Recreation Area, and coordination
with persons and agencies in the area whose activities could affect the
species, have shown at least some indirect success in alleviating these
problems. It was noted at the 1992 meeting of the Betula uber
Protection, Management and Research Coordinating Committee that no
vandalism was reported during the previous year in the introduced
populations for the first time in five years.
C. Disease or Predation
Betula uber is subject to a number of compromising factors,
including diseases, insects, and herbivory. Additionally, white-tailed
deer will rub saplings with their antlers, and this may nearly or
completely girdle the main stem. While no serious problems with insect
damage or disease have been observed in the natural population, three
diseases were observed in the introduced populations during the 1989
growing season (C. Thomas, pers. comm., 1992), cankers, anthracnose,
and a putative foliar virus. In 1991, the highest mortality rate of
trees with basal cankers occurred in those trees located on poor or
exposed sites or those which showed symptoms of die-back during the
year. Plots were sprayed with pesticides between May and August 1991 to
control fungal pathogens and insects that may be transmitting these
fungi or creating wounds through which the fungal canker pathogens can
enter. Damage to round-leaf birch leaves has also been incurred from
Japanese beetles.
During 1992, considerable mortality of Betula uber was attributed
to deer rubs. Browsing by deer and rabbit was evident in several of the
established populations. While browsing may not cause direct mortality
due to the capacity of Betula uber to resprout, it may decrease the
birch's ability to compete with other plants, resulting in the demise
of the tree. Wire cages, which were placed around the smaller trees to
prevent further loss from browsing, may have been prematurely removed
from some of the birch trees in June 1991. Further fencing is needed
for protection. Additionally, approximately ten were found to be
leaning. The cause is unknown, but the trees were staked in an attempt
to stabilize them.
The maintenance activities described above will continue as part of
the recovery program following reclassification of Betula uber to
threatened.
D. The Inadequacy of Existing Regulatory Mechanisms
Betula uber is protected by the Federal Endangered Species Act of
1973, as amended, and by the Virginia Endangered Plant and Insect Act
of 1979. The Virginia statute prohibits taking of endangered plants on
both public and private lands, except by the private landowner. If the
proposed reclassification to threatened status becomes final, no
substantive change in the protection afforded this species under these
laws is anticipated. Populations on private lands will still be subject
to loss due to inadequate regulatory protection.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
Most of the loss in the natural population has been attributed to
vandalism and collection. However, loss of individuals could continue
to occur from such natural causes as competition from later
successional species and flooding of Cressy Creek. Minimal reproduction
in the natural population, probably due to the limited source of
pollen, may result in the gradual and possibly irreversible decline of
this population unless further management actions are taken.
The relatively low numbers and limited range of the species
continue to make the Cressy Creek populations vulnerable to natural
stresses or catastrophes. However, given the management tools developed
for the species, as well as the variety of conditions under which the
20 introduced populations appear to grow, it is unlikely that a single
natural stress would result in the loss of Betula uber in more than a
portion of its existing range.
While the single natural population remains vulnerable to
extirpation, due largely to past acts of vandalism and a continuing
failure to reproduce, 19 of the 20 additional populations offer the
possibility of self-maintenance, suggesting that it is unlikely that
the round-leaf birch will disappear from its only known native
watershed. The additional populations are believed to encompass the
genetic diversity of the natural population. As of May 1992, more than
1,400 individuals occur within the Cressy Creek watershed, as compared
to only 41 individuals known to exist when the Cressy Creek population
was rediscovered in 1975.
Based on a review of the Virginia Round-Leaf Birch Recovery Plan
(U.S. Fish and Wildlife Service 1990), the present species' status does
not meet the criteria established for delisting the species. However,
given the successful propagation and distribution of plants together
with its current distribution and afforded protection, this rare birch
is not in imminent danger of extinction. The best available data
indicate that Betula uber qualifies as a threatened species. The
Service has carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
faced by this species in determining to make this rule final. Based on
this evaluation, the preferred action is to reclassify Betula uber from
endangered status to threatened status. Although the natural population
has decreased from 41 to 11 plants since the species' rediscovery in
1975, threatened status is more appropriate because the establishment
of 20 additional populations over the past decade has resulted in a
dramatic increase in the total population to over 1,400 subadult trees.
Available Conservation Measures
This rule changes the status of Betula uber at 50 CFR 17.12 from
endangered to threatened. This rule formally recognizes that this
species is no longer in imminent danger of extinction throughout a
significant portion of it's range. The change in classification does
not significantly alter the protection for this species under the Act.
Anyone taking, attempting to take, or otherwise possessing a Betula
uber in an illegal manner is still subject to penalty under Section 11
of the Act. There is no difference in penalties for the illegal take of
an endangered species versus a threatened species. Section 7 of the Act
still continues to protect this species from Federal actions that would
jeopardize the continued existence of Betula uber.
Conservation measures prescribed by the Virginia Round-Leaf Birch
Recovery Plan will proceed. Conservation measures identified in the
species recovery plan include: continued efforts to protect portions of
the natural population that occur on private lands; expanded management
of the natural population; continued efforts to facilitate natural
regeneration; establishment of pollen and seed banks; continued
maintenance of the additional populations, including control of disease
and insect problems, prevention of browsing, and management of
competing vegetation; further research into the plant's reproductive
and genetic systems, as well as habitat requirements; and continued
efforts to raise the public's awareness in regard to issues affecting
this and other endangered plants (U.S. Fish and Wildlife Service 1990).
According to the recovery plan, implementation of these recovery
actions will take place over a period of approximately 17 years, with
full recovery of the species being achieved by the year 2010.
National Environmental Policy Act
The Fish and Wildlife Service has determined that Environmental
Assessments and Environmental Impact Statements, as defined under the
authority of the National Environmental Policy Act of 1969, need not be
prepared in connection with regulations adopted pursuant to section
4(a) of the Endangered Species Act of 1973, as amended. A notice
outlining the Service's reasons for this determination was published in
the Federal Register on October 25, 1983 (48 FR 49244).
References Cited
Ashe, W.W. 1918. Notes on Betula. Rhodora 20:63-64.
Ford, R.H., T.L. Sharik, and P.P. Feret. 1983. Seed dispersal of the
endangered Virginia round-leaf birch (Betula uber). Forest Ecology
and Management 6:115-128.
Ogle, D.W. and P.M. Mazzeo. 1976. Betula uber, the Virginia roundleaf
birch, rediscovered in southwest Virginia. Castanea 41:248-255.
Sharik, T.L. and R.H. Ford. 1984. Variation and taxonomy of Betula
uber, B. lenta, and B. alleghaniensis. Brittonia 36(3):307-316.
Sharik, T.L., P.P. Feret and R.W. Dyer. 1990. Recovery of the
endangered Virginia round-leaf birch (Betula uber): A decade of
effort. Page 185-188. IN: Sheviak and D.J. Leopold (eds.) Ecosystem
management: Rare species and significant habitats. 1990. New York
State Museum Bulletin 471.
Virginia Department of Agriculture and Consumer Services. 1979.
Endangered Plant and Insect Species Act. 1979 Cumulative Supplement
to Code of Virginia 39: 3-6.
U.S. Fish and Wildlife Service. 1982. Virginia round-leaf birch
recovery plan. Newton Corner, MA. 58 pp.
U.S. Fish and Wildlife Service. 1986. Virginia round-leaf birch
recovery plan, first revision, Newton Corner, MA. 25 pp.
U.S. Fish and Wildlife Service. 1990. Virginia round-leaf birch
recovery plan. Update. Newton Corner, MA. 43 pp.
Authors: The primary author of this rule is Ms. Debbie Mignogno, U.S.
Fish and Wildlife Service, 300 Westgate Center Drive, Hadley,
Massachusetts 01035-9589 (413) 253-8627.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordingkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:
PART 17--[AMENDED]
- 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; Public Law 99-625, 100 Stat. 3500, unless otherwise
noted.
Sec. 17.12 [Amended]
2. Sec. 17.12(h) is amended by revising the ``Status'' column in
the table entry for Betula uber under ``FLOWERING PLANTS'' to read
``T'' instead of ``E'' and to read ``39, 560'' in the ``When Listed''
column.
Dated: October 5, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-28326 Filed 11-15-94; 8:45 am]
BILLING CODE 4310-55-P