[Federal Register: May 16, 2008 (Volume 73, Number 96)]
[Proposed Rules]
[Page 28410-28423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my08-18]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0001; 92220-1113-0000-C6]
RIN 1018-AU67
Endangered and Threatened Wildlife and Plants; Proposed Removal
of Erigeron maguirei From the Federal List of Endangered and Threatened
Plants; Availability of Post-Delisting Monitoring Plan
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of availability.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), under the
Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et
seq.), propose to remove the plant Erigeron maguirei (commonly referred
to as Maguire daisy) from the List of Endangered and Threatened Plants.
The best scientific and commercial data available indicate that this
species has recovered and no longer meets the definition of threatened
or endangered under the Act. Our review of the status of this species
shows that populations are stable, threats have been addressed, and
adequate regulatory mechanisms ensure the species is not currently and
is not likely to again become an endangered species within the
foreseeable future in all or a significant portion of its range. We
seek information, data, and comments from the public regarding E.
maguirei, this proposal to delist, and the Post-Delisting Monitoring
Plan. This proposed rule completes the 5-year status review initiated
on April 7, 2006 (71 FR 17900).
DATES: We will accept comments received or postmarked on or before July
15, 2008. Public hearing requests must be received by June 30, 2008.
ADDRESSES: You may submit comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: RIN 1018-AU67; Division of Policy and Directives Management; U.S.
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington,
VA 22203.
We will not accept e-mail or faxes. We will post all comments on
http://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Public Comments section
below for more information).
FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, U.S.
Fish and Wildlife Service, Utah Field Office, 2369 West Orton Circle,
West Valley City, UT 84119, or telephone (801) 975-3330. Individuals
who are hearing-impaired or speech-impaired may call the Federal Relay
Service at (800) 877-8337 for TTY assistance.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we hereby
request data, comments, new information, or suggestions from the
public, other concerned governmental agencies, the scientific
community, Tribes, industry, or any other interested party concerning
this proposed rule. We particularly seek comments concerning:
(1) Biological information concerning this species;
(2) Relevant data concerning any current or likely future threats
(or lack thereof) to this species, including the extent and adequacy of
Federal and State protection and management that would be provided to
the Erigeron maguirei as a delisted species;
(3) Additional information concerning the range, distribution,
population size, and population trends of this species, including the
locations of any additional populations of this species;
(4) Current or planned activities in the subject area and their
possible impacts on this species; and
(5) Our draft Post-Delisting Monitoring Plan.
You may submit your comments and materials concerning this proposed
rule by one of the methods listed in the ADDRESSES section. We will not
accept comments sent by e-mail or fax or to an address not listed in
the ADDRESSES section.
If you submit a comment via http://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. If you submit a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. We will post all
hardcopy comments on http://www.regulations.gov.
Comments and materials we receive, as well as supporting
documentation we used in preparing this proposed rule, will be
available for public inspection on http://www.regulations.gov, or by
appointment during normal business hours at the Utah Field Office, 2369
West Orton Circle, West Valley City, UT 84119 (801/975-3330).
Public Hearing
The Act provides for one or more public hearings on this proposal,
if requested. Requests must be received by June 30, 2008. Such requests
must be made in writing and addressed to the Field Supervisor (see FOR
FURTHER INFORMATION CONTACT section).
Previous Federal Action
Section 12 of the Act directed the Secretary of the Smithsonian
Institution to prepare a report on those plants considered to be
endangered, threatened, or extinct. On July 1, 1975, the Service
published a notice in the Federal Register (40 FR 27824) accepting the
Smithsonian report as a petition to list taxa named therein under
section 4(c)(2) (now 4(b)(3)) of the Act) and announced our intention
to review the status of those plants. Erigeron maguirei was included in
that report (40 FR 27880, July 1, 1975). Maguire daisy is the common
name for Erigeron maguirei, however we will use primarily the
scientific name of this species throughout this proposed rule to
clarify taxonomic issues or the legal status of the plant.
On June 16, 1976, we published a rule in the Federal Register (41
FR 24524) to designate approximately 1,700 vascular plant species,
including Erigeron maguirei, as endangered pursuant to section 4 of the
Act. The 1978 amendments to the Act required that all proposals over 2
years old be withdrawn. On December 10, 1979, we published a notice of
withdrawal (44 FR 70796) of that portion of the June 16, 1976, proposal
that had not been made final, which included E maguirei.
On December 15, 1980, we published a revised notice of review for
native plants in the Federal Register designating Erigeron maguirei as
a candidate species (45 FR 82480). Section 4(b)(3)(B) of the 1982
[[Page 28411]]
amendments to the Act required that the Secretary of the Interior make
a finding on a petition within 1 year of its receipt. In addition,
section 2(b)(1) of the 1982 amendments to the Act required that all
petitions pending as of October 13, 1982, be treated as if newly
submitted on that date. Since the 1975 Smithsonian report was accepted
as a petition, all the taxa contained in those notices, including E.
maguirei, were treated as being newly petitioned as of October 13,
1982. On October 13, 1983, the Service made a 12-month finding that the
petition to list E. maguirei var. maguirei was warranted but precluded
by other listing actions of a higher priority. Notification of this
finding was published in the Federal Register on November 28, 1983 (48
FR 53640).
On July 27, 1984, the Service published a proposed rule to
designate Erigeron maguirei var. maguirei as an endangered species (49
FR 30211). The final rule designating the variety of the species as
endangered was published on September 5, 1985 (50 FR 36089).
In 1983, E. maguirei var. harrisonii was described as a separate
variety of E. maguirei. In this description, Welsh (1983a, p. 367)
noted two previous collections of the variety at canyon bottom sites in
Wayne County, Utah, in the 1930s. On September 27, 1985, the Service
published a notice of review for plants (50 FR 39526) which included
Erigeron maguirei var. harrisonii as a candidate species (50 FR 39548).
Erigeron maguirei var. harrisonii remained as a candidate through the
revised plant notice of review published on September 30, 1993 (58 FR
51144).
On September 7, 1994 (59 FR 46219), the Service proposed to
reclassify the species from endangered to threatened based on the new
genetic information that led to a taxonomic revision, changing the
entry for Erigeron maguirei var. maguirei to E. maguirei. The proposed
rule noted that this entity also included the plant variety formerly
known as E. m. var harrisonii.
On June 19, 1996, the Service finalized the rule reclassifying
Maguire daisy from endangered to threatened in large part due to a
taxonomic revision and resultant increase in the population considered
as Erigeron maguirei (61 FR 31054).
Species Information
A member of the sunflower family, Erigeron maguirei is a perennial
herb with a branched woody base. Its stems and spatulate-shaped leaves
are densely spreading and hairy. Its flowers are dime sized with white
or pink petals. Bits of sand commonly cling to the hairs of the leaves
and stems. The species is further described in our June 19, 1996, final
rule reclassifying the species as threatened (61 FR 31054).
Erigeron maguirei has been located from 1,585 to 2,621 meters (m)
(5,200 to 8,600 feet (ft)) in elevation (Clark et al. 2006, pp. 9-11).
Highest plant densities occur on mesa tops between 1,829 and 2,134 m
(6,000 and 7,000 ft) in elevation (Kass 1990, p. 27; Service 1995, p.
2; Clark 2001, p. 15; Clark et al. 2006, p. 14).
The species occurs from the San Rafael Swell in Emery County, Utah,
south into Wayne and Garfield Counties, Utah, through the Waterpocket
Fold in Capitol Reef National Park (Capitol Reef) (Heil 1987, p. 5,
figure 5; Heil 1989, p. 26; Kass 1990, pp. 23, 26-27; Harper and Van
Buren 1998, appendix A; Clark 2001, p. 3; Clark 2002, pp. 13-14; Clark
et al. 2005, p. 7; Clark et al. 2006, p. 7) (see Figure 1). Erigeron
maguirei occurs primarily on the Navajo Sandstone formation.
Individuals have been located within steep, narrow, dry, rocky, and
sandy canyon or wash bottoms of the Wingate, Chinle, and Navajo
Sandstone formations; sandstone walls of the Wingate, Navajo, and
Cutler formations; cracks of large boulders; slickrock; and atop mesas
of the Navajo Sandstone formation (Cronquist 1947, p. 165; Anderson
1982, pp. 1-2; Heil 1989, pp. 25-26; Kass 1990, p. 22; Harper and Van
Buren 1998, p. 1). Populations within canyon bottoms are apparently
established from seeds dispersed by wind or overland flow from source
populations on the mesa tops (Heil 1989, p. 25; Kass 1990, p. 27;
Service 1995, p. 2). These canyon populations are generally small
compared with those on the mesa tops (Heil 1989, p. 25; Kass 1990, p.
27; Service 1995, p. 2).
BILLING CODE 4310-55-P
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[GRAPHIC] [TIFF OMITTED] TP16MY08.017
BILLING CODE 4310-55-C
Erigeron maguirei has been found primarily in the Dwarf Mountain
Mahogany Slickrock plant community, a community endemic to the Colorado
Plateau Region (Heil 1989, p. 23; Clark 2001, pp. 15-16; Clark et al.
2006, p. 15). E. maguirei also is associated with pinyon/juniper--tall
shrub, ponderosa pine--tall shrub slickrock pockets, mesic canyon
bottoms, mountain shrub, and intermittent riparian communities (Kass
1990, p. 22; Harper and Van Buren 1998, p. 1; Clark 2002, pp. 15-16;
Clark et al. 2005, p. 7; Clark et al. 2006, p. 15).
Flowering occurs from May to June and takes 4 to 6 weeks to go from
the small green ``button'' bud stage to completion of anthesis, when
the flower is no longer open and functional (Alston and Tepedino 2005,
p. 54; Clark et al. 2006, p. 17). It appears that Erigeron maguirei
lacks self-compatibility, and that pollinators are necessary for cross
pollination to occur (Alston and Tepedino 2005, p. 61). Because of the
open nature of the flower head, E. maguirei tends to be visited by
opportunistic insects searching for nectar (Alston and Tepedino 2005,
p. 60). Pollinators include various flies, wasps, and bees (Alston and
Tepedino 2005, p. 60).
Van Buren and Harper (2002, p. 1) collected demographic data on
three Erigeron maguirei populations for a period of 9 years. The
demographic data collected included plant diameter, size class, plant
height, plant condition, and number of flower heads produced for
individual tagged plants (Van Buren and Harper 2002, p. 2). At the
Eagle Canyon study site, 124 plants were tagged in 1992 and 41 of these
were still alive in 2001 (Van Buren and Harper 2002, pp. 2-3). This
demographic monitoring study suggests the species is long lived, has a
low mortality rate, and has the ability to replace individuals at a
rate that compensates for mortality (Van Buren and Harper 2002, pp. 2-
5). Overall, monitored populations appear stable (Van Buren and Harper
2002, p. 2).
[[Page 28413]]
Recovery
Recovery plans are not regulatory documents and are instead
intended to provide guidance to the Service, States, and other partners
on methods of minimizing threats to listed species and on criteria that
may be used to determine when recovery is achieved. There are many
paths to accomplishing recovery of a species, and recovery may be
achieved without all criteria being fully met. For example, one or more
criteria may have been exceeded while other criteria may not have been
accomplished. In that instance, the Service may judge that the threats
have been minimized sufficiently, and the species is robust enough to
reclassify from endangered to threatened or to delist. In other cases,
recovery opportunities may have been recognized that were not known at
the time the recovery plan was finalized. These opportunities may be
used instead of methods identified in the recovery plan. Likewise,
information on the species may be learned that was not known at the
time the recovery plan was finalized. The new information may change
the extent that criteria need to be met for recognizing recovery of the
species. Recovery of a species is a dynamic process requiring adaptive
management that may, or may not, fully follow the guidance provided in
a recovery plan.
The Maguire Daisy (Erigeron maguirei) Recovery Plan was approved by
the Service on August 15, 1995. The Recovery Plan outlined three
delisting criteria. These criteria, and the status of the species
relative to these criteria, are outlined below.
Delisting Criterion One--Locate and/or establish additional
populations. Maintain 20 populations which have been demonstrated to be
above minimum viable population levels. Until minimum viable population
levels are determined, it is assumed that the minimum viable population
level will be about 500 individuals (Service 1995, p. ii). At the time
the Recovery Plan was written, the species was known from 7 populations
(32 sites) with the total population estimated at 5,000 (Service 1995,
p. 2). To achieve this criterion, the Recovery Plan recommended land
managers inventory suitable habitat to determine with a reasonable
degree of accuracy its population and distribution (Service 1995, pp.
ii, 6, 7, 12).
Thus, in 1999, the Service, the Bureau of Land Management (BLM),
U.S. Department of Agriculture Forest Service (Forest Service), and the
National Park Service (NPS) established an Interagency Rare Plant
Agreement to direct conservation measures for listed and sensitive
plant species endemic to central Utah, including Erigeron maguirei
(Clark 2002, p. 3). Through this interagency agreement, the agencies
committed funding to survey and monitor E. maguirei throughout its
range, regardless of agency boundaries (Clark 2002, p. 3). Beginning in
1999, these agencies hired an Interagency Botanist to oversee a team of
seasonal employees, thus creating an Interagency Rare Plant Team
(Forest Service et al. 2006, p. 6). As part of recovery activities for
the E. maguirei, from 1999 to 2002, approximately 3,521 hectares (8,700
acres) were surveyed for E. maguirei on NPS, BLM, and Forest Service
lands (Clark and Clark 1999, p. 45; Clark 2002, p. 13). During this
period, approximately 2,445 person-hours were allocated by the
Interagency Rare Plant Team for E. maguirei surveys (Clark 2002, p.
13).
The recovery criterion of maintaining 20 viable populations was
based primarily on the assumption that numerous small sites would
remain scattered and disconnected (Clark 2006c). Instead of identifying
more populations, increased survey efforts conducted under Action 2.0
in the Recovery Plan identified both broader plant distributions and
larger population sizes that are evenly distributed across the
landscape (Harper and Van Buren 1998, p. 2; Clark and Clark 1999, p.
47; Clark 2001, p. 3; Clark 2002, pp. 13-14; Clark et al. 2005, p. 17;
Clark et al. 2006, p. 17). Based on our current knowledge of the
species, 9 known populations exist (118 sites) within 4 meta-
populations comprised of approximately 164,250 Erigeron maguirei
individuals (see Figure 1 and Table 1) (Clark et al. 2006, p. 16).
Sites are defined as occurrence locations recorded by one or more
researcher over time (Clark 2006b, p. 5). Populations are defined as
groups of occurrence records (i.e., sites) located in the same
geographic vicinity (Clark 2006b, p. 5). A meta-population is comprised
of a number of individual populations less than 2.4 kilometers (1.5
miles) apart, typically linked by continuous suitable habitat (Clark
2006b, p. 5, Clark 2006c). The populations cannot be split into more
than nine separate populations based on any meaningful criteria (Clark
2006c).
The range of the species is currently estimated at approximately
1,010 square kilometers (km) (390 square miles (mi)) and extends from
the San Rafael Swell south through the Waterpocket Fold of Capitol Reef
(see Figure 1) (Clark et al. 2006, p. 17). All three populations within
the Capitol Reef Meta-Population are linked by contiguous suitable
habitat. Although not necessary for recovery, Clark et al. (2006, p.
24) postulated that further survey work would likely find sufficient
numbers of plants to link them into one contiguous population. A
similar situation exists within the San Rafael Swell area where
suitable habitat occurrences are separated by short distances (Clark et
al. 2006, p. 24).
These large, connected, and evenly distributed populations provide
the desired viability intended by the recovery plan. The 9 populations
have more desirable biological attributes than the originally suggested
20 populations in the recovery plan. As mentioned above, the need for
20 populations was based on the assumption that the originally
identified localities would remain widely scattered and the populations
in those localities would remain small. However, the 9 current
populations are well connected within 4 meta-populations, the meta-
populations are distributed throughout the range of the species, and
most of the populations within those meta-populations have large
numbers of individuals. In fact, most of the populations are well above
the minimum viable population size of 500 (see Table 1). Although some
of the individual populations are below the minimum viable population
size, those populations are connected to other populations within meta-
populations, thereby increasing the species' robustness. In addition,
recent population dynamics studies confirm the species' projected
population stability (Van Buren and Harper 2002, pp. 1-5; Clark et al.
2006, p. 24). Demographic monitoring data suggests the species is long
lived, has a low mortality rate, and has the ability to replace
individuals at a rate that compensates for mortality (Van Buren and
Harper 2002, pp. 2-5). The 9 current populations are functionally
better than the estimated 20 populations originally identified in the
recovery plan. Therefore, on the whole, the available data demonstrate
that the intent of this recovery criterion has been met or exceeded.
[[Page 28414]]
Table 1.--Erigeron maguirei Populations, Population Estimates and Protective Land Management Designations
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Percent of
the
species'
Population Population Number of Land ownership ** Protective range
estimate sites designations ** within the
protective
designation
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Northern San Rafael Swell Meta-Population
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Calf Canyon *................... 2,000 1 BLM................ ACEC.............. 95
2 SITLA.............. None.............. 0
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Central San Rafael Swell Meta-Population
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Coal Wash....................... 100 6 BLM................ WSA............... 90
ACEC.............. 100
Secret Mesa..................... 9,000 9 BLM................ WSA............... 90
ACEC.............. 100
1,000 2 SITLA.............. None.............. 0
Link Flats...................... 200 4 BLM................ None.............. 0
50 1 SITLA.............. None.............. 0
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Southern San Rafael Swell Meta-Population
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John's Hole..................... 300 3 BLM................ WSA............... 100
ACEC.............. 10
Seger's Hole.................... 100 2 BLM................ WSA............... 50
ACEC.............. 20
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Capitol Reef Meta-Population
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Deep Creek...................... 1,500 2 Forest Service..... Proposed Botanical \1\
Area.
100,000 29 NPS................ Primitive and 100
Threshold
Management Zone.
Capitol Reef.................... 30,000 15 NPS................ Primitive and 100
Threshold
Management Zone.
Waterpocket Fold................ 20,000 42 NPS................ Primitive and 100
Threshold
Management Zone.
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Totals...................... 164,250 118 Various............ Various........... 97
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* The Calf Canyon population estimate is from 1980. Due to inaccessibility, this site has not been revisited
since 1980 and current population levels are unknown. However, other populations are doing well and there is
no reason to believe that the Calf Canyon population is not also doing well (Clark 2007a). Current
distribution among BLM and SITLA is also unknown although 1980 estimates suggest 25 percent of the range was
on BLM land and 75 percent was on SITLA land.
** SITLA = Utah's School of Public Land Trust; ACEC = Area of Critical Environmental Concern; WSA = Wilderness
Study Area.
\1\ 0% (will be 100% if proposed Botanical Area is finalized).
Delisting Criterion Two--Establish formal land management
designations for these populations which provide long-term, undisturbed
habitat for Maguire daisy (Service 1995, p. ii). Delisting Criterion
Three--Ensure that Maguire daisy and its habitat is protected from loss
of individuals and environmental degradation (Service 1995, p. ii). To
achieve these criteria, the Recovery Plan recommends the Service and
our partners ``document the presence of, or, if necessary, establish
formal land management designations which would provide for long-term
protection for Maguire daisy and its habitat'' (Service 1995, pp. ii,
6, 9, 12).
Approximately 97 percent of the species' range occurs on lands with
substantial protective measures in place (see Table 1). Protections are
afforded to populations occurring in Capitol Reef through the NPS
General Management Plan (Capitol Reef 1998, pp. 27-31). The BLM
provides protections for populations occurring on their lands under the
1991 San Rafael Resource Management Plan (BLM 1991a, pp. 12-26, 63-64).
Most of the habitat on BLM land is protected as Wilderness Study Areas
or Areas of Critical Environmental Concern (see Factor D below). The
BLM Price Field Office is currently proceeding with a revision of the
1991 Resource Management Plan (BLM 2004). The Record of Decision for
the Final Resource Management Plan is scheduled to be completed by the
summer of 2008 (BLM 2008a, p. 1). The Dixie National Forest and
Fishlake National Forest released a draft Land Management Plan
identifying the Billings Pass Botanical Area, which would provide
protection to Erigeron maguirei (Forest Service 2006a, pp. 2c-17, 2c-
18, 2c-43; Tait 2006). At the time of this proposed rule, a schedule
was not available for the completion of this document. The Fishlake
National Forest Off-Highway Vehicle Route Designation Project (Forest
Service 2006b, pp. 13, 20-21) will eliminate cross country travel on
Forest Service lands throughout the range of the species; all habitat
is a minimum of 0.8 km (0.5 mi) from existing or potential motorized
routes on Fishlake National Forest lands (Forest Service 2006c, pp.
123, 260-263).
The Utah State School and Institutional Trust Lands (SITLA) owns
lands that contain less than 2 percent of all known or estimated
Erigeron maguirei plants. While SITLA does not have a specific
management plan to benefit E. maguirei, we do not believe this is
necessary to achieve the recovery criterion.
[[Page 28415]]
Since its 1985 listing, Federal land management agencies have
worked collaboratively to ensure long-term protection of Erigeron
maguirei and its habitat. Land management plans, policies, and
regulations that provide protection to E. maguirei are in place. More
information regarding the protection of E. maguirei through land
management designations is contained within Factor D of the Summary of
Factors Affecting the Species.
To further ensure these efforts continue post-delisting, the
Interagency Rare Plant Team has developed the Central Utah Navajo
Sandstone Endemics Conservation Agreement and Conservation Strategy
(hereafter referred to as the Conservation Strategy), a multi-year
joint project by the Forest Service, BLM, NPS, and the Service (Forest
Service et al. 2006). We believe the Conservation Strategy will ensure
conservation efforts that have occurred for the species since formation
of the Interagency Rare Plant Team in 1999 will continue. The
Conservation Strategy, signed by the Forest Service, BLM, NPS, and the
Service in September 2006, outlines the procedural provisions under
which the Federal agencies will manage Erigeron maguirei into the
foreseeable future (Forest Service et al. 2006, pp. 24-25). In
addition, the Conservation Strategy documents the conservation actions
needed to manage potential factors impacting the species and to promote
the conservation and perpetuation of E. maguirei (Forest Service et al.
2006, pp. 38-47). The Conservation Strategy can be viewed in its
entirety at: http://mountain-prairie.fws.gov/species/plants/
maguiredaisy/. Copies can also be obtained from the Utah field office
(see FOR FURTHER INFORMATION CONTACT).
Based on the best available data, we have determined that the
intent of the first criterion has been achieved and the second and
third recovery criterion have been met. Current estimates suggest
approximately 97 percent of all known individuals occur on lands with
formal land management designations that provide for the long-term
protection of the habitat. This ensures Erigeron maguirei and its
habitat are protected from loss of individuals and environmental
degradation.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. ``Species'' is defined
by the Act as including any species or subspecies of fish or wildlife
or plants, and any distinct vertebrate population segment of fish or
wildlife that interbreeds when mature (16 U.S.C. 1532(16)). Once the
``species'' is determined we then evaluate whether that species may be
endangered or threatened because of one or more of the five factors
described in section 4(a)(1) of the Act. We must consider these same
five factors in delisting a species. We may delist a species according
to 50 CFR 424.11(d) if the best available scientific and commercial
data indicate that the species is neither endangered nor threatened for
the following reasons: (1) The species is extinct; (2) the species has
recovered and is no longer endangered or threatened (as is the case
with the Maguire daisy); and/or (3) the original scientific data used
at the time the species was classified were in error.
A recovered species is one that no longer meets the Act's
definition of threatened or endangered. Determining whether a species
is recovered requires consideration of the same five categories of
threats specified in section 4(a)(1) of the Act. For species that are
already listed as threatened or endangered, this analysis of threats is
an evaluation of both the threats currently facing the species and the
threats that are reasonably likely to affect the species in the
foreseeable future following the delisting or downlisting and the
removal or reduction of the Act's protections.
A species is ``endangered'' for purposes of the Act if it is in
danger of extinction throughout all or a ``significant portion of its
range'' and is ``threatened'' if it is likely to become endangered
within the foreseeable future throughout all or a ``significant portion
of its range.'' The word ``range'' in the significant portion of its
range (SPR) phrase refers to the range in which the species currently
exists. For the purposes of this analysis, we will evaluate whether the
currently listed species, the Erigeron maguirei, should be considered
threatened or endangered. Then we will consider whether there are any
portions of the species' range in danger of extinction or likely to
become endangered within the foreseeable future.
Foreseeable future is determined by the Service on a case-by-case
basis, taking into account a variety of species-specific factors such
as lifespan, genetics, breeding behavior, demography, threat-projection
timeframes, and environmental variability. In this case, we do not
foresee any significant changes in the level of threats for Erigeron
maguirei. Land management designations (described below) provide long-
term security for approximately 97 percent of known plants. Other
factors once thought capable of significantly impacting the species are
now predicted to have little or no impact on the species' long-term
conservation status. While we could consider the species secure in
perpetuity, such a timeframe would introduce an unreasonable level of
uncertainty into our analysis. Therefore, for the purpose of our
analysis, we consider a timeframe over which it would be reasonable to
expect population level or demographic effects to be detected. For the
purposes of this proposed rule, we consider ``foreseeable future'' for
E. maguirei to be up to 30 years. The species has been shown to live
past 9 years of age and may live between 20 and 30 years (Van Buren and
Harper 2002, appendices; England 2007). The available data also
demonstrate that plants may begin flowering as early as 1 year and may
be able to replace themselves within as little as 2 years, depending
upon conditions (Van Buren and Harper 2002, appendices). Consideration
of factors potentially impacting the species for up to 30 years would
incorporate the long life of an individual and allow for up to 15
possible generations. We believe this represents a reasonable
biological timeframe to measure demographic changes that could reflect
potential threat factors.
The following analysis examines all five factors currently
affecting, or that are likely to affect, Erigeron maguirei within the
foreseeable future.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
The current range of Erigeron maguirei includes 9 populations (118
sites) within 4 meta-populations across approximately 1,010 square km
(390 square mi) of southeastern Utah. These populations extend from the
San Rafael Swell south through the Waterpocket Fold of Capitol Reef
(see Figure 1) (Clark et al. 2006, p. 17). The three largest
populations, including over 91 percent of all known plants, occur
primarily within Capitol Reef. One of these three populations (Deep
Creek) also includes a small portion, less than 1 percent of all the
known plants, on National Forest lands. The other six populations (Calf
Canyon, Coal Wash, Secret Mesa, Link Flats, John's Hole, and Seger's
Hole) are managed primarily by the BLM. A portion of three of these six
populations (Calf Canyon, Secret Mesa, and Link Flats) also occurs on
Utah's School of Public Land Trust (SITLA) lands. Table
[[Page 28416]]
1 provides further detail on populations and land ownership.
When the species was originally listed, the main threat was loss of
habitat specifically due to mining claims for uranium, energy
exploration, grazing, and off-road vehicle recreation (50 FR 36089-
36091, September 5, 1985). In addition, flooding has also been seen as
a potential threat in the recent years. We address these threats to
Erigeron maguirei below.
Mineral Exploration and Development Overview--Mineral exploration
and development were listed as threats in the 1985 listing, in the 1995
Recovery Plan, and in the 1996 downlisting (50 FR 36089, September 5,
1985; Service 1995, p. 5; 61 FR 31054, 31056, June 19, 1996). Only one
active mine exists within the range of Erigeron maguirei populations
according to the Utah Mineral Occurrence System (Utah Geological Survey
(UGS) 2007; Clark et al. 2006, p. 9). This mine, the Lucky Strike Mine,
is discussed below.
Uranium--Uranium mining began in the western United States in 1871
(Ringholz 1994, p. 2). In 1952, geologist Charles Steen found the first
noteworthy deposits of uranium ore in Utah (Ringholz 1994, p. 2). By
the end of 1962, Utah had produced approximately 9 million tons of ore
(Ringholz 1994, p. 2). The Atomic Energy Commission held ample uranium
ore reserves and by 1970 stopped buying uranium (Ringholz 1994, p. 3).
When nuclear power plants came on-line in the mid-1970s, a brief second
boom was experienced (Ringholz 1994, p. 3). However, foreign
competition, Federal regulations, and nuclear fears led to an
abandonment of domestic uranium mining (Ringholz 1994, p. 3). A recent
surge in prices has led to a resurgence in prospectors staking and
buying up uranium claims.
According to the Utah Mineral Occurrence System database, 12 known
uranium mineral locations overlap the mapped Erigeron maguirei
populations (UGS 2007; Clark et al. 2006, p. 16). Only the Lucky Strike
Mine is active (UGS 2007). This mine occurs along the southern edge of
the mapped Link Flats population (Central San Rafael Swell Meta-
Population) and is accessed via an existing road that enters the
population from the south (UGS 2007; Clark et al. 2006, p. 9). It is
not anticipated that the mine will adversely impact substantial
portions of this population in the foreseeable future as it lies on the
periphery of the population and is accessed via an existing road. The
remaining 11 locations include 6 sites that never produced and 5 sites
that only reached small production levels (UGS 2007). All 11 of these
locations occur on the periphery of the mapped populations (UGS 2007;
Clark et al. 2006, p. 16).
Uranium is restricted to geologic formations such as the Moss Back
Member, Monitor Butte Member, and the Mottled Siltstone Unit of the
Chinle Formation, while the Maguire daisy primarily occurs in the
Navajo Sandstone geologic formation. The most substantial impact of
uranium mining would likely be indirectly from crossing suitable
habitat while accessing the desired geologic formation (Utah Geologic
Survey (UGS) 2007; Clark et al. 2006, p. 20). Based on the locations of
past exploration coupled with the geologic requirements of uranium, we
foresee minimal potential impacts from uranium mining to the species as
a whole in the foreseeable future.
Gypsum--Although not specifically mentioned in any previous Service
threats assessment, gypsum mining also occurs in the vicinity of
Erigeron maguirei. While E. maguirei does not occur in the geologic
formation that contains commercial quality gypsum, suitable habitat may
be crossed while accessing the more desirable geologic formations
(Clark et al. 2006, p. 20). According to the Utah Mineral Occurrence
System database, one gypsum occurrence that never produced lies within
the mapped Deep Creek population within Capitol Reef (UGS 2007). This
occurrence is located on the periphery of the mapped population and
within the Primitive Management Zone (Capitol Reef 1998, p. 27; UGS
2007). NPS regulations protect this population by limiting access
(Capitol Reef 1998, p. 27). Travel through this Management Zone is
limited to cross-country hiking or horseback riding on unimproved
trails and routes (Capitol Reef 1998, pp. 28-29). Within the Primitive
Management Zone, developments are not permitted and physical
modifications are not allowed except for natural or cultural resource
protection (Capitol Reef 1998, p. 29). More importantly, lands are
withdrawn from mining and mineral exploration in Capitol Reef (Clark et
al. 2006, p. 21). Therefore, gypsum mining impacts to the E. maguirei
are not likely in the foreseeable future.
Oil Shale and Tar Sands--The Conservation Strategy does not
recognize oil shale and tar sands as a threat (Forest Service et al.
2006, p. 37). However, the mapped populations of Calf Canyon, Secret
Mesa, and Link Flats overlap the mapped tar sand areas as depicted on
the Energy Resources Map of Utah (Automated Geographic Reference Center
(AGRC) 2001a, 2001b; Clark et al. 2006, p. 9). Tar sands are a mixture
of sand or clay, water, and extremely heavy crude oil. Typically, strip
mining is the most efficient method of extraction, but other approaches
include the injection of steam and/or solvents to reduce the oils
viscosity allowing the oil to be pumped out of the well.
Ten percent of the mapped Calf Canyon population overlaps that of
the mapped high probability tar sand areas and probable tar sand areas
(AGRC 2001b; Clark et al. 2006, p. 9). The Secret Mesa population
contains a small area of tar sands (AGRC 2001a; Clark et al. 2006, p.
9). The Link Flats population contains a small area of tar sands, and
approximately 2 percent of the mapped area overlaps that of the mapped
probable and highly probable tar sand areas (AGRC 2001a, 2001b; Clark
et al. 2006, p. 9). Portions of the mapped Calf Canyon, Secret Mesa,
and Link Flats populations have been identified in the Draft Oil Shale
and Tar Sands Resource Management Plan Amendments to Address Land Use
Allocations in Colorado, Utah, and Wyoming and Programmatic
Environmental Impact Statement (BLM 2007, pp. 3-127 and 3-163; Clark et
al. 2006, p. 9). The purpose of the draft programmatic Environmental
Impact Statement is to describe where oil shale and tar sands resources
are present, and to decide which areas will be open to application for
commercial leasing, exploration, and development (BLM 2007, pp. 1-2).
The final Programmatic Environmental Impact Statement is expected to be
published in 2008 (BLM 2008b). A final determination on this proposed
delisting rule will not be completed until the programmatic
Environmental Impact Statement is finalized; and the Record of Decision
will be analyzed as part of our final determination. If tar sands
development does occur in the San Rafael Swell area, the loss of
significant portions of these populations from this activity is not
anticipated because the mineral resources occur along the periphery of
the mapped populations and only contain a small percentage of the
mapped area.
Impacts to individual plants from tar sands development may still
occur. These impacts can be a result of vegetation clearing, habitat
fragmentation, alteration of topography, changes in drainage patters,
erosion, sedimentation from runoff, oil and contaminant spills,
fugitive dust, injury or mortality of individual plants, human
collection, increased human access, spread of invasive plant species,
and air pollution (BLM 2007, pp. 5-77). In addition, we believe the
development of
[[Page 28417]]
tar sands may also impact pollinator species. Given where development
is likely to occur and the locations of where plants occur, we expect
impacts to the species to be minor.
Additionally, protective land management designations apply to the
Secret Mesa population. Ninety percent of the BLM portion of the mapped
Secret Mesa population occurs within Sid's Mountain and Devils Canyon
WSAs (Clark et al. 2005, pp. 16-17; Ivory 2006). As stated previously,
WSAs are designated as primitive-class areas and are to be managed free
of evidence of human use and to maintain an environment of isolation
(BLM 1991a, p. 89). Only temporary uses, and those that create no new
surface disturbance nor involve permanent placement of structures, are
permitted within WSAs (BLM 1976, p. 2). All WSAs are closed to use and
development of minerals (BLM 1991a, pp. 19, 64).
Oil and Gas Exploration and Development--Oil and gas exploration
and development were listed as threats in the listing rule, Recovery
Plan, and downlisting rule (50 FR 36089, September 5, 1985; Service
1995, p. 5; 61 FR 31054, 31056, June 19, 1996). Oil and gas leases were
located in the area of the last known Erigeron maguirei site at the
time of the 1985 listing (50 FR 36090, September 5, 1985).
Lands within Capitol Reef have been withdrawn from oil and gas
exploration and development (Forest Service et al. 2006, p. 56). The
BLM and Forest Service lands are open to oil and gas leasing, but the
potential for oil and gas is low in the Navajo Sandstone formation
where Erigeron maguirei occurs (Forest Service et al. 2006, p. 34).
Within BLM-administered mineral resources, oil and gas leases that
were issued prior to the BLM Resource Management Plan are managed under
the stipulations that were in effect when the lease was issued (BLM
1991a, p. 11). Any leases issued after the Plan was signed must comply
with the Resource Management Plan (BLM 1991a, p. 11, map 5). The Plan
identifies specific management prescriptions by ACEC (BLM 1991a, pp.
14-15). The known Erigeron maguirei populations on BLM administered
lands occur within the San Rafael Canyon (middle portion), Sid's
Mountain, Highway I-70 Scenic Corridor, Muddy Creek, and Seger's Hole
ACECs (Clark et al. 2005, pp. 16-17; Ivory 2006). The San Rafael Canyon
ACEC (middle portion) is open to leasing, but surface restrictions
apply (BLM 1991a, p. 14). According to the Conservation Strategy, BLM
will adjust surface disturbance locations to avoid E. maguirei for
discretionary and leasable minerals including the San Rafael Canyon
ACEC (middle portion) (Forest Service et al. 2006, pp. 34, 36-38, 42-
44). The remaining ACECs that contain E. maguirei populations have no-
surface-occupancy stipulations for oil and gas development attached to
the lease (BLM 1991a, p. 14). Leasing with ``no surface occupancy''
means that there will be no development or disturbance whatsoever of
the land surface, including establishment of wells or well pads, and
construction of roads, pipelines, or powerlines. WSAs with E. maguirei
populations, including the Sid's Mountain, Devils Canyon, and Muddy
Creek WSAs, are open for leasing, but also have no-surface-occupancy
stipulations (BLM 1991a, pp. 14, 64).
Seven wells have been sited within the mapped Secret Mesa and Coal
Wash populations, but all of them have been plugged and abandoned
(Clark et al. 2006, p. 9; Utah Division of Oil, Gas, and Mining (UDOGM)
2006a). While limited exploration has occurred, no known oil or gas
fields exist within the known Erigeron maguirei populations and the
potential for development is low (AGRC 2001c; Clark et al. 2006, p. 21;
UDOGM 2006b, Forest Service et al. 2006, p. 34). The only gas field in
the vicinity of the E. maguirei is the Last Chance Gas Field located
approximately 11 km (7 mi) west of the Seger's Hole population and 10
km (6 mi) north of the Deep Creek population (AGRC 2001c; Chidsey et
al. 2005; Clark et al. 2006, p. 16; UDOGM 2006b). Based on the lack of
supporting evidence of viable oil and gas fields within the vicinity of
the E. maguirei and the land management designations affording
protections to the species, oil and gas exploration and development is
no longer considered a threat, nor is it likely to become one within
the foreseeable future.
Recreational Use--Recreational use, including off-road vehicles and
human foot traffic, have previously been cited as threats to the
species (50 FR 36090, September 5, 1985; Service 1995, p. 5; 61 FR
31056, June 19, 1996). Erigeron maguirei habitat does not occur within
0.8 km (0.5 mi) of classified or potentially designated motorized
routes on Fishlake National Forest lands (Forest Service 2006c, pp.
123, 260-263). According to the Fishlake National Forest Off-Highway
Vehicle Route Designation Project, it is unlikely that motorized
traffic would infringe upon the E. maguirei population on Forest
Service land, thereby, providing protections from this threat to this
portion of the species' range (Forest Service 2006c, p. 263). Capitol
Reef, which comprises 91 percent of the species' total population, is
closed to off-road vehicle use (Clark et al. 2006, p. 20).
Almost 6 percent of individual plants occur on lands administered
by the BLM, of which approximately 80 percent occur within an ACEC and/
or WSA (Kass 1990, p. 23; BLM 1991a, pp. 63-64; Clark et al. 2006, p.
18; Ivory 2006). Four of the six Erigeron maguirei populations that
occur on BLM lands are within the Sid's Mountain, Muddy Creek, and
Devils Canyon WSA (Kass 1990, p. 23; Clark et al. 2005, p. 19; Ivory
2006). These WSAs are either closed to motorized vehicles or use is
limited to designated roads and trails (BLM 1991a, pp. 63-64, 68, 89;
Clark et al. 2006, p. 20). San Rafael Canyon (middle portion), Sid's
Mountain, Highway I-70 Scenic Corridor, Muddy Creek, and Seger's Hole
ACECs contain five of the six known populations on BLM lands (Clark et
al. 2005, pp. 16-17; Ivory 2006). These areas have either been closed
to off-road vehicle use or use has been limited to designated roads and
trails (BLM 1991a, p. 68).
Erigeron maguirei is not prone to human disturbance because it
grows primarily in cliff crevices and on sandstone domes (Clark 2002,
p. 16). From 2000 to 2002, 60 sites were included within a Capitol Reef
study on signs of human impacts (Clark 2002, pp. 12-16). Only 2 of
these sites showed any signs of human impacts (in both cases foot
traffic through the site) (Clark 2002, pp. 15-16). At one site
monitored with an electronic counter, visitor use remained fairly
stable at 10 visitors per week (Clark et al. 2006, p. 21). After over a
decade of monitoring, human trampling may have impacted some
individuals, but has not led to a reduction in population survivability
(Clark et al. 2006, p. 21). Therefore, impacts from recreation are not
a threat to E. maguirei populations in the foreseeable future.
Floods--Two of four Capitol Reef sites monitored between 1992 and
2001 have experienced flash flood events (Van Buren and Harper 2002, p.
1). At one site, a flash flood event likely resulted in 48 plants being
lost (Van Buren and Harper 2002, p. 2). However, the species is long
lived and shows an ability to replace individuals lost to periodic
flooding (Van Buren and Harper 2002, pp. 4-5). Therefore, flood events
possessing the potential to meaningfully impact Erigeron maguirei
populations are unlikely in the foreseeable future.
Summary of Factor A--Mineral exploration and development, and
recreational use were listed as threats to Erigeron maguirei in the
1985 listing
[[Page 28418]]
rule, 1995 Recovery Plan, and 1996 downlisting rule (50 FR 36089,
September 5, 1985; Service 1995, p. 5; 61 FR 31054, June 19, 1996).
Since the last Federal action, recovery efforts have increased our
understanding of the species, its habitat, and its distribution and
abundance (61 FR 31054-31058, June 19, 1996; Harper and Van Buren 1998,
p. 2; Clark and Clark 1999, p. 47; Clark 2001, p. 3; Clark 2002, pp.
13-14; Clark et al. 2005, p. 17; Clark et al. 2006, p. 17). The species
occurs predominantly within the Navajo Sandstone formation, which has
low potential for oil and gas development and uranium mining (Forest
Service et al. 2006, p. 37). Most mineral resources (like gypsum, tar
sands, and oil shale) occur on the periphery of mapped populations and,
therefore, are not likely to meaningfully impact any of the
populations. Impacts from fragmentation are also expected to be minor.
Land management protections throughout most of the species' range and
an increased understanding of the species' habitat have reduced the
threat of recreational use. While potential impacts to individuals
could occur when either accessing the mineral resources or during
recreational use, these activities are considered unlikely to
materialize in a meaningful way in the foreseeable future, would be
limited to small periphery portions of populations, and would not
reduce the long-term viability of any of the populations. In addition,
land management designations, which have been discussed briefly in this
section and will be discussed in more detail under Factor D, will
continue to provide protections for E. maguirei and its habitat in the
foreseeable future.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Erigeron maguirei is not a highly collected or sought-after
species. One group was known to be propagating E. maguirei for private
use (a European group was propagating E. maguirei for rock garden
enthusiasts) (Forest Service et al. 2006, p. 35; Clark 2007b), but no
longer appears to be offering plants for sale (Megown 2007). To date,
unauthorized plant and seed collection has not been documented for this
species (Forest Service et al. 2006, p. 35). Although the Interagency
Rare Plant Team working under the Conservation Strategy will continue
to monitor for illegal collection activity (Forest Service et al. 2006,
p. 35), we do not believe overutilization to be a current threat to the
species, nor likely to be in the foreseeable future.
C. Disease or Predation
At the time of listing, plants were observed only in rocky areas
inaccessible to cattle grazing (50 FR 36090, September 5, 1985), and
not in canyon bottoms where plants were originally located in 1940 and
1980. Because the plants could not be relocated in the canyon bottoms,
scientists believed that predation due to cattle grazing had reduced
the species' distribution (50 FR 36090, September 5, 1985; 61 FR 31056,
June 19, 1996; Harper and Van Buren 1998, p. 2). By the time the
Recovery Plan was drafted, it concluded that the majority of the
Erigeron maguirei populations were relatively secure from direct
impacts of livestock trampling, but it could be a localized threat in
some areas (Service 1995, p. 5). We concluded in the final downlisting
rule that concentrations of livestock in localized areas, specifically
wash bottoms that have limited vegetation, may result in E. maguirei
being grazed by livestock (61 FR 31056, June 19, 1996; Kass 1990, p.
28). The species is now known to prefer cliffs or rock crevices that
are inaccessible to livestock (Kass 1990, p. 27; Service 1995, p. 2;
Clark 2001, p. 15; Clark et al. 2005, pp. 12, 22, 24; Clark et al.
2006, pp. 21-22; Forest Service et al. 2006, p. 56). Erigeron maguirei
plants within canyon bottoms are small, incidental occurrences,
apparently established from seeds dispersed by wind or overland flow
from source populations on the mesa tops (Heil 1989, p. 25; Kass 1990,
p. 27; Service 1995, p. 2).
Although seven of the nine Erigeron maguirei populations occur
within cattle allotments, all seven of these populations are
inaccessible to cattle grazing due to terrain conditions (Forest
Service et al. 2006, p. 56). Of the two remaining populations, the
Waterpocket Fold population in Capitol Reef, estimated at approximately
20,000 individuals on 42 sites, has a history of cattle trailing
(Forest Service et al. 2006, p. 56). Cattle trailing, or moving cattle
through the area, has occurred at this site about once every 5 years
for the past 100 years (Clark et al. 2006, pp. 21, 25). Cattle trailing
has impacted, and is expected to continue to impact, only a few
individual plants (Clark et al. 2006, pp. 21, 25). The Conservation
Strategy states that Capitol Reef will monitor for potential impacts as
well as identify and implement management actions and guidelines that
will help maintain long-term sustainability and conservation of the
population (Forest Service et al. 2006, pp. 35-37). Additionally,
grazing range improvements outside of the range of E. maguirei serve to
draw cattle further away from E. maguirei populations (Clark et al.
2006, pp. 21, 25). Because we now know that E. maguirei primarily
occurs in areas inaccessible to livestock, in combination with the
increased population and distribution, grazing is no longer considered
a threat, nor is it likely to become one within the foreseeable future.
D. The Inadequacy of Existing Regulatory Mechanisms
Prior to the species' 1985 listing, no Federal or State laws
protected Erigeron maguirei (50 FR 36090, September 5, 1985). Since
then, substantial protections have been secured. The BLM Management
Plan has provided protection to E. maguirei and its habitat in the San
Rafael Swell areas (BLM 1991a; 61 FR 31056, June 19, 1996). The
completion and implementation of the National Park Service Capitol Reef
Management Plan has provided protection to the largest populations of
E. maguirei and its habitat (61 FR 31056, June 19, 1996). Habitat for
E. maguirei does not occur within 0.8 km (0.5 mi) of classified or
potentially designated motorized routes on Fishlake National Forest
lands (Forest Service 2006c, pp. 123, 260-263). In addition, the
proposed Fishlake National Forest Management Plan would afford
protections to the remaining portions of the Capitol Reef Meta-
Population through the designation of the Billings Pass Botanical Area
(Forest Service 2006a, pp. 2c-17, 2c-18, 2c-43; Tait 2006).
Over 98 percent of known Erigeron maguirei plants occur on lands
managed by Capitol Reef (91 percent), BLM Price Field Office (6
percent), and Fishlake National Forest (1 percent) (Clark et al. 2006,
p. 16) (Table 1). Less than 2 percent of the known population occurs on
lands administered by SITLA where no protections for E. maguirei exist
(Clark et al. 2006, p. 16) (Table 1).
On BLM lands, WSAs are managed according to the Interim Management
Policy for Lands under Wilderness Review, BLM Handbook 8550-1, until
Congress either designates them into the National Wilderness
Preservation System or releases them from wilderness study for other
purposes (BLM 1976, p. 1). In 1991, BLM recommended to Congress that:
100 percent of the Muddy Creek WSA be made permanent wilderness; 99
percent of the Sid's Mountain WSA be made permanent wilderness; and
none of the Devils Canyon WSA be made permanent wilderness (BLM 1991b,
pp. 795, 807, 817). The Devils Canyon WSA includes approximately 10
percent of the BLM portion of the Secret Mesa population
[[Page 28419]]
(Ivory 2007). Given BLM's support for the permanent protection of the
majority of the WSAs where Erigeron maguirei occurs, we believe
Congressional release from the National Wilderness Preservation System
is unlikely.
Four of the six known populations of Erigeron maguirei that occur
on lands administered by the BLM are within the Muddy Creek, Sid's
Mountain, and Devils Canyon WSA (Kass 1990, p. 23; BLM 1991a, pp. 63-
64; Clark et al. 2005, p. 19; Ivory 2006). One-hundred percent of the
John's Hole and 50 percent of the Seger's Hole populations occur within
the Muddy Creek WSA (Clark et al. 2006, p. 16; Ivory 2006). Ninety
percent of the Coal Wash population occurs within the Sid's Mountain
WSA (Clark et al. 2006, p. 16; Ivory 2006). Ninety percent of the
portion of the Secret Mesa population on BLM lands occurs within the
Sid's Mountain and Devils Canyon WSAs (Clark et al. 2006, p. 16; Ivory
2006). The Links Flats population is the only occurrence on BLM lands
without any portion of the population protected as a WSA. Table 1
further illustrates the various protections in place on each of these
populations.
Except for grandfathered uses, the lands under wilderness review
must be managed so as not to impair their suitability for preservation
as wilderness (BLM 1976, p. 2). Grazing, a non-threat as discussed
above, is the only grandfathered use exempt from no surface occupancy
stipulations. No surface disturbance stipulations apply to
grandfathered mining and mineral extraction. While lands under
wilderness review may not be closed to future appropriation under the
mining laws, no surface occupancy stipulations apply in order to
preserve their wilderness character (BLM 1976, p. 2). Temporary uses
are permitted within WSAs as long as they create no new surface
disturbance and do not involve permanent placement of structures (BLM
1976, p. 2).
The BLM San Rafael Resource Management Plan was approved on May 24,
1991 (BLM 1991a). Erigeron maguirei is provided protection through land
use planning decisions, including the designation of ACECs (BLM 1991a).
Five of the six known populations of E. maguirei that occur on lands
administered by the BLM are within the San Rafael Canyon (middle
portion), Sid's Mountain, Highway I-70 Scenic Corridor, Muddy Creek,
and Seger's Hole ACECs (Clark et al. 2005, p. 16; Ivory 2006). Twenty-
five percent of Calf Canyon population's range occurs on BLM land, of
which 95 percent occurs within the San Rafael Canyon ACEC (middle
portion) (Clark et al. 2006, p. 16; Ivory 2006). One-hundred percent of
the Coal Wash population occurs within the Sid's Mountain ACEC (Clark
et al. 2006, p. 16; Ivory 2006). One-hundred percent of the portion of
the Secret Mesa population on BLM land occurs within the Sid's Mountain
ACEC or Highway I-70 Scenic Corridor ACEC (Clark et al. 2006, p. 16;
Ivory 2006). Ten percent of the John's Hole population's range occurs
within the Muddy Creek ACEC (Clark et al. 2006, p. 16; Ivory 2006).
Twenty percent of the Seger's Hole population's range occurs within the
Seger's Hole ACEC (Clark et al. 2006, p. 16; Ivory 2006). The Links
Flats population is the only occurrence on BLM lands without any
portion of the population protected as an ACEC. Table 1 further
illustrates the various protections in place for each population and
highlights where ACECs and WSAs overlap.
Special management conditions that apply to all WSAs and ACECs
include: Open to mineral entry with plans of operations; avoided for
right-of-way grants; excluded from private and commercial use of
woodland products, except for limited onsite collection of downed dead
wood for campfires; designated as closed to off-road vehicle use when
ACEC is within a WSA or WSA has been designated as primitive, otherwise
use is limited to designated roads and trails; and they are subject to
fire suppression with special conditions (BLM 1991a, pp. 14, 64-69, 81-
89).
The Highway I-70 Scenic Corridor, Muddy Creek, Seger's Hole, and
Sid's Mountain ACECs are open to mineral leasing, but no-surface-
occupancy stipulations must be attached to the lease. These areas are
also closed for disposal of mineral materials; open to range
improvements with special conditions; excluded from land treatments;
and are designated as Visual Resource Management Class I (described
above) (BLM 1991a, pp. 14, 64, 81-82). An exception to the no-surface-
occupancy stipulation may be granted in the Highway I-70 Scenic
Corridor ACEC if an environmental assessment concludes that the
proposed action would not adversely affect scenic values (BLM 1991a,
pp. 14, 81-82).
The San Rafael Canyon ACEC (middle portion) is open to mineral
leasing with surface restrictions; open for disposal of mineral
materials with special conditions; excluded from range improvements and
land treatments unless used to protect or improve riparian values; and
is designated as Visual Resource Management Class II (BLM 1991a, pp.
14, 64, 81-82). The objective of this class is to retain the existing
character of the landscape. The level of change to the characteristic
landscape should be low. Management activities may be seen, but should
not attract the attention of the casual observer. Any changes must
repeat the basic elements of form, line, color, and texture found in
the predominant natural features of the characteristic landscape.
The Highway I-70 Scenic Corridor, Muddy Creek, San Rafael Canyon
(Middle Portion), Seger's Hole, and Sid's Mountain ACECs are managed to
protect scenic values (BLM 1991a, pp. 82-85). The Muddy Creek ACEC also
contains the Tomsich Butte special emphasis area, which is managed to
protect historic values (BLM 1991a, p. 82).
The BLM Price Field Office is proceeding with a revision of the
1991 Resource Management Plan (BLM 2004). Final decisions on special
designations will be made in the Final Resource Management Plan by the
summer of 2008 (BLM 2008a, p. 1). The WSA designations will remain
until Congress acts to remove them from this status, or they are
determined to be Wilderness Areas. The protective management resulting
from ACEC designations could be revised by this process. Not all of the
Draft Resource Management Plan alternatives contain ACEC designations.
Our final determination on this proposed delisting rule will not be
completed before the conclusion of this process and will consider the
final decisions regarding these ACECs.
National Parks are administered under the provisions of ``An Act to
establish a National Park Service and for other purposes approved
August 25, 1916'' (39 Stat. 535), as amended and supplemented (commonly
referred to as the ``Organic Act'' because it created the National Park
System) (16 U.S.C. 1, 2-4). The Organic Act specifies that the NPS is
to ``promote and regulate the use of the Federal areas known as
national parks, monuments, and reservations * * * which purpose is to
conserve the scenery and the natural and historic objects and the wild
life therein and to provide for the enjoyment of the same in such
manner and by such means as will leave them unimpaired for the
enjoyment of future generations.''
Capitol Reef National Park, which contains approximately 91 percent
of the Erigeron maguirei individuals, has land management policies in
place that afford protection to the species. Capitol Reef's 1998 Final
General Management Plan/Development Concept Plan defines Primitive and
Threshold Management Zones within the Park (Capitol Reef 1998, pp. 27-
31). All Capitol Reef E. maguirei sites are located within these
[[Page 28420]]
Management Zones (Clark 2006a). Travel through the Primitive Management
Zones is limited to cross-country hiking or horseback riding on
unimproved trails and routes and travel within the Threshold Management
Zone is on paved or two-wheel drive, low clearance, all-weather roads
(Capitol Reef 1998, pp. 28-31). Grazing is not allowed within either of
these zones (Capitol Reef 1998, pp. 28-31). Within the Primitive
Management Zone, developments are not permitted and physical
modifications are not allowed except for natural or cultural resource
protection (Capitol Reef 1998, p. 29). Limited development is provided
in the Threshold Management Zone, but no new major structures or
facilities are allowed (Capitol Reef 1998, p. 31). The remoteness of
the species and its preference of the Navajo Sandstone formation, which
is predominantly on top of mesas and other inaccessible areas, render
the habitat for E. maguirei safe from development.
The 2006 NPS Management Policies Section 4.4.1.1, Plant and Animal
Population Management Principles, states that the NPS will maintain all
native plant and animal species and their habitats inside parks. In
addition, these policies state that ``the (National Park) Service will
work with other land managers to encourage the conservation of the
populations and habitats of these species outside parks whenever
possible'' (NPS 2006, p. 62).
The National Forest Management Act (1976) directs National Forests
to manage habitat to maintain viable populations of existing native and
desired nonnative vertebrate species in habitat distributed throughout
their geographic range on National Forest System lands (Forest Service
1976). In 1983, U.S. Department of Agriculture Departmental Regulation
9500-4 provided further direction to the Forest Service, expanding the
viability requirements to include plant species (U.S. Department of
Agriculture 1983, p. 2). While the 2005 Forest Service planning
regulations (70 FR 1023, January 5, 2005) would have eliminated
species' viability requirements, these regulations were remanded by the
court on March 30, 2007 (Citizens for Better Forestry v. U.S.
Department of Agriculture (Northern District of California 2007)).
Because Erigeron maguirei was not known to occur on Forest Service
lands in 1986, the current Forest Service land management plan does not
identify E. maguirei as occurring within the National Forest (Forest
Service 1986). Less than 1 percent of all known plants occur on
National Forest Service lands. Of these, the current mapped range of E.
maguirei on Forest Service lands is as follows: Approximately 33
percent is designated as a Semi-Primitive Non-Motorized area;
approximately 65 percent is designation as an Intensive Livestock
Management area; and the remaining 2 percent is designated a Wood Fiber
Non-Sawtimber area.
In December 2006, the Fishlake National Forest finalized their Off-
Highway Vehicle Route Designation Project providing further protections
for this area (Forest Service 2006b). Under this plan, motorized routes
on Fishlake National Forest lands can not occur within 0.8 km (0.5 mi)
of the Deep Creek population (Forest Service 2006c, pp. 123, 260-263).
In June 2006, the Dixie and Fishlake National Forests released a
draft revision to their land management plan (Forest Service 2006a).
The proposed Billings Pass Botanical Area encompasses all the habitat
administered by the Forest Service within the Capitol Reef Meta-
Population (Forest Service 2006a, pp. 2c-17, 2c-18, 2c-43; Tait 2006).
Additional suitable habitat exists outside of this Botanical Area, but
it has not yet been surveyed (Tait 2006). The emphasis for this area is
on maintaining the endemic plants that live in the area (Forest Service
2006a, pp. 2c-18). The Billings Pass Botanical Area is within the semi-
primitive non-motorized use area where travel is restricted to hiking
and horseback riding (Forest Service 2006a, pp. 1b-34, 1b-37). At the
time of this proposed delisting rule, a schedule was not available for
the completion of the final Dixie National Forest and Fishlake National
Forest Land Management Plan.
The portion of the range owned by SITLA, which contains less than 2
percent of all known or estimated Maguire daisy plants, does not have
any special management to benefit Erigeron maguirei. SITLA's mission
mandates that revenue is the only factor considered in management and
sale decisions. About 75 percent of the range of the Calf Canyon
population (last surveyed in 1980) is on land owned by SITLA. About 10
percent of the Secret Mesa population occurs on SITLA lands. And about
20 percent of the Link Flats population occurs on SITLA lands. In
total, SITLA manages about 2 percent of all known or estimated Maguire
daisy plants (see Table 1).
Summary of Factor D: In conclusion, Federal land management
agencies have worked collaboratively since listing to ensure long-term
protection of Erigeron maguirei and its habitat. Land management plans,
policies, and regulations that provide protection to E. maguirei are
now in place and include: (1) Capitol Reef Primitive and Semi-Primitive
Management Zones; (2) BLM WSAs and ACECs; and (3) Forest Service semi-
primitive non-motorized designations. If the proposed Fishlake National
Forest Botanical Area is finalized, this will provide additional
protections for Forest Service's portion of the Capitol Reef Meta-
Population. The threat due to inadequacy of existing regulatory
mechanisms is no longer applicable.
Furthermore, the Interagency Rare Plant Team's collaborative
efforts will continue to benefit Erigeron maguirei. Most recently, this
team developed the Conservation Strategy (Forest Service et al. 2006,
pp. 5-6). Through the Conservation Strategy the agencies have committed
to survey and monitor E. maguirei (and other species) and implement
management to ensure the population remains stable after delisting
(Forest Service et al. 2006, p. 5). The Conservation Strategy outlines
the procedural provisions that will guide Federal agencies' future
management of the E. maguirei and other species (Forest Service et al.
2006, pp. 24-25). In addition, this Conservation Strategy commits the
Federal agencies, to the extent practicable, to implement the
conservation actions needed to reduce or eliminate potential threats
and to promote the conservation and perpetuation of E. maguirei and
other species (Forest Service et al. 2006, pp. 38-47). The Conservation
Strategy can be viewed in its entirety at: http://mountain-
prairie.fws.gov/species/plants/maguiredaisy/. Copies can also be
obtained from the Utah field office (see FOR FURTHER INFORMATION
CONTACT section).
E. Other Natural or Manmade Factors Affecting its Continued Existence
The 1985 final listing rule mentioned that the genetic viability of
Erigeron maguirei was thought to be greatly reduced due to the small
known population size, geographic separation, and reproductive
isolation (50 FR 36090, September 5, 1985). The June 19, 1996, final
rule reclassifying E. maguirei to threatened also listed inbreeding and
loss of genetic variability as potential threats since the species
continued to be known only from small, reproductively isolated
populations (61 FR 31056, June 19, 1996).
As discussed previously, recovery efforts have substantially
increased the known number and distribution of Erigeron maguirei
individuals rangewide. These newly discovered sites provide
connectivity between the known sites identified since we
[[Page 28421]]
published the final listing and downlisting rules and Recovery Plan,
thus reducing inbreeding threats posed by geographic separation and
reproductive isolation (50 FR 36089-36092, September 5, 1985; Service
1995, p. 5; 61 FR 31054-31058, June 19, 1996; Clark et al. 2006, p.
24). In addition, populations in the Capitol Reef area are separated by
short distances and are connected to contiguous habitat (Clark et al.
2006, p. 24). A similar situation exists within the San Rafael Swell
area where most suitable habitat occurrences are separated by short
distances (Clark et al. 2006, p. 24). Additional survey work here would
also likely find additional sites connecting populations and Meta-
Populations. Due to the number of populations and individuals of E.
maguirei found and the inter-connectivity of the habitat, the species
is no longer considered to be threatened by a loss of genetic
variability.
Pesticide use is known to occur within Capitol Reef's Fruita Rural
Historic District; a cultural area on the National Register of Historic
Places (Alston and Tepedino 2005, p. 10). This area must be managed
effectively for fruit production (Alston and Tepedino 2005, p. 10).
Management includes spraying apple and pear trees with the pesticide
Phosmet in order to control the codling moth (Cydia pomonella) (Alston
and Tepedino 2005, p. 10). Capitol Reef's Integrated Pest Management
program states that the use of Phosmet may affect nearby populations of
threatened and endangered species, including Erigeron maguirei (Alston
and Tepedino 2005, pp. 10-11). Alston and Tepedino (2005, p. 11)
studied an E. maguirei site near the orchard (1.8 km/1.1 mi) and one
further away (5.7 km/3.5 mi), finding no significant difference in
productivity. No other routine pesticide use is known to occur within
the range of E. maguirei. Thus, the best scientific data available does
not suggest the current use of the Phosmet insecticide is a threat to
E. maguirei (Alston and Tepedino 2005, p. 61).
When the Recovery Plan was written, the demographic stability of
the various populations was not known (Service 1995, p. 5). Van Buren
and Harper (2002, p. 2) conducted demographic monitoring studies for
three Erigeron maguirei populations from 1992 to 2001. Their studies
have found E. maguirei to be relatively long lived with low mortality.
The species has the ability to replace individuals at a rate that
compensates for mortality (Van Buren and Harper 2002, p. 5).
Summary of Factor E: In conclusion, reduced genetic variability,
inbreeding posed by geographic separation and reproductive isolation,
and the use of Phosmet as an insecticide in the Capitol Reef's Fruita
Rural Historic District do not threaten with extinction Erigeron
maguirei in all or a significant portion of the range currently or
within the foreseeable future.
Conclusion of 5-Factor Analysis
As required by the Act, we considered the five potential threat
factors to assess whether Erigeron maguirei is threatened or endangered
throughout all or a significant portion of its range. When considering
the listing status of the species, the first step in the analysis is to
determine whether the species is in danger of extinction throughout all
of its range. If this is the case, then the species is listed or
remains listed in its entirety. For instance, if the threats on a
species are acting only on a portion of its range, but they are at such
a large scale that they place the entire species in danger of
extinction, we would list or continue to list the entire species.
We have carefully assessed the best scientific and commercial data
available and determined there is no information to suggest the species
is either in danger of extinction throughout all of its range or likely
to become endangered in the foreseeable future throughout all its
range. Recovery efforts have identified approximately 164,250 Erigeron
maguirei individuals over an estimated range of 1,010 square km (390
square mi) (Clark et al. 2006, p. 17). This represents a substantial
increase from the time of listing in 1985, when the species was known
from 7 individuals on BLM land limited to the upper ends of branches of
Pine Canyon (49 FR 30211, July 27, 1984); and from 1996 when the
species was downlisted to threatened, when taxonomic revision had
increased the total population of E. maguirei to approximately 3,000
plants within 5 populations from the San Rafael Swell in Emery County
to Capitol Reef in Wayne County (59 FR 46220, September 7, 1994).
Current populations appear stable, threats to the species have been
addressed, and adequate regulatory mechanisms ensure the species is not
currently and is not likely to again become threatened or endangered in
all of its range.
Having determined that Erigeron maguirei does not meet the
definition of threatened or endangered throughout all of its range, we
must next consider whether there are any significant portions of its
range that are in danger of extinction or are likely to become
endangered in the foreseeable future. On March 16, 2007, a formal
opinion was issued by the Solicitor of the Department of the Interior,
``The Meaning of `In Danger of Extinction Throughout All or a
Significant Portion of Its Range' '' (U.S. DOI 2007). We have
summarized our interpretation of that opinion and the underlying
statutory language below. A portion of a species' range is significant
if it is part of the current range of the species and is important to
the conservation of the species because it contributes meaningfully to
the representation, resiliency, or redundancy of the species. The
contribution must be at a level such that its loss would result in a
decrease in the ability to conserve the species.
The first step in determining whether a species is threatened or
endangered in a significant portion of its range is to identify any
portions of the range of the species that warrant further
consideration. The range of a species can theoretically be divided into
portions in an infinite number of ways. However, there is no purpose to
analyzing portions of the range that are not reasonably likely to be
significant and threatened or endangered. To identify only those
portions that warrant further consideration, we determine whether there
is substantial information indicating that (i) the portions may be
significant and (ii) the species may be in danger of extinction there
or likely to become so within the foreseeable future. In practice, a
key part of this analysis is whether the threats are geographically
concentrated in some way. If the threats to the species are essentially
uniform throughout its range, no portion is likely to warrant further
consideration. Moreover, if any concentration of threats applies only
to portions of the range that are unimportant to the conservation of
the species, such portions will not warrant further consideration.
If we identify any portions that warrant further consideration, we
then determine whether in fact the species is threatened or endangered
in any significant portion of its range. Depending on the biology of
the species, its range, and the threats it faces, it may be more
efficient in some cases for the Service to address the significance
question first, and in others the status question first. Thus, if the
Service determines that a portion of the range is not significant, the
Service need not determine whether the species is threatened or
endangered there; conversely, if the Service determines that the
species is not threatened or endangered in a portion of its range, the
Service need not determine if that portion is significant.
The terms ``resiliency,'' ``redundancy,'' and ``representation''
are
[[Page 28422]]
intended to be indicators of the conservation value of portions of the
range. Resiliency of a species allows the species to recover from
periodic disturbance. A species will likely be more resilient if large
populations exist in high-quality habitat that is distributed
throughout the range of the species in such a way as to capture the
environmental variability within the range of the species. It is likely
that the larger size of a population will help contribute to the
viability of the species. Thus, a portion of the range of a species may
make a meaningful contribution to the resiliency of the species if the
area is relatively large and contains particularly high-quality habitat
or if its location or characteristics make it less susceptible to
certain threats than other portions of the range. When evaluating
whether or how a portion of the range contributes to resiliency of the
species, it may help to evaluate the historical value of the portion
and how frequently the portion is used by the species. In addition, the
portion may contribute to resiliency for other reasons--for instance,
it may contain an important concentration of certain types of habitat
that are necessary for the species to carry out its life-history
functions, such as breeding, feeding, migration, dispersal, or
wintering.
Redundancy of populations may be needed to provide a margin of
safety for the species to withstand catastrophic events. This does not
mean that any portion that provides redundancy is a significant portion
of the range of a species. The idea is to conserve enough areas of the
range such that random perturbations in the system act on only a few
populations. Therefore, each area must be examined based on whether
that area provides an increment of redundancy that is important to the
conservation of the species.
Adequate representation ensures that the species' adaptive
capabilities are conserved. Specifically, the portion should be
evaluated to see how it contributes to the genetic diversity of the
species. The loss of genetically based diversity may substantially
reduce the ability of the species to respond and adapt to future
environmental changes. A peripheral population may contribute
meaningfully to representation if there is evidence that it provides
genetic diversity due to its location on the margin of the species'
habitat requirements.
Applying the process described above for determining whether a
species is threatened in a significant portion of its range, we next
addressed whether any portions of the range of Erigeron maguirei
warranted further consideration. We noted that, as discussed in Factor
A, there are several small geographic areas where localized mineral
extraction activities remain as a potential threat in the foreseeable
future. However, we concluded that these did not warrant further
consideration because we believe such activities are unlikely to
materialize in a meaningful way and if they do materialize, would be
limited to small areas on the periphery of populations and there was no
substantial information suggesting that these peripheral areas were
significant portions of the range. Therefore, there is no substantial
information that E. maguirei in these areas were likely to become in
danger of extinction in the foreseeable future.
In summary, we have determined that none of the existing or
potential threats, either alone or in combination with others, are
likely to cause Erigeron maguirei to become in danger of extinction
within the foreseeable future throughout all or any significant portion
of its range. On the basis of this evaluation, we propose to remove E.
maguirei from the List of Endangered and Threatened Plants (50 CFR
17.12).
Continued activity by the Interagency Rare Plant Team as well as
continued implementation of protective measures provided by land
management designations and protections and the Conservation Strategy
should ensure Erigeron maguirei and its habitat continue to be
protected from loss of individuals and environmental degradation. The
Post-Delisting Monitoring Plan, discussed below, will allow us and our
partners to monitor the species to ensure the status does not
deteriorate, and if a decline is detected, to take measures to halt the
decline so relisting is not necessary.
Effects of the Proposed Rule
The Act and its implementing regulations set forth a series of
general prohibitions and exceptions that apply to all endangered
plants. The prohibitions under section 9(a)(2) of the Act 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, remove and reduce Erigeron maguirei to possession
from areas under Federal jurisdiction, or remove, cut, dig up, or
damage or destroy E. maguirei on any other area in knowing violation of
any State law or regulation such as a trespass law. Section 7 of the
Act requires that Federal agencies consult with us to ensure that any
action authorized, funded, or carried out by them is not likely to
jeopardize the species' continued existence. If E. maguirei is removed
from the List of Endangered and Threatened Plants, these prohibitions
would no longer apply. Delisting E. maguirei is expected to have
positive effects in terms of management flexibility to the States and
Federal governments. Federal agencies will continue to implement
management plans to conserve E. maguirei and its habitat.
Post-Delisting Monitoring
Section 4(g)(1) of the Act requires us to monitor for at least 5
years species that are delisted due to recovery. Post-delisting
monitoring refers to activities undertaken to verify that a species
delisted due to recovery remains secure from the risk of extinction
after the protections of the Act no longer apply. The primary goal of
post-delisting monitoring is to monitor the species to ensure that its
status does not deteriorate, and if a decline is detected, to take
measures to halt the decline so that proposing it as threatened or
endangered is not again needed. If at any time during the monitoring
period, data indicate that protective status under the Act should be
reinstated, we can initiate listing procedures, including, if
appropriate, emergency listing.
Section 4(g) explicitly requires cooperation with the States in
development and implementation of post-delisting monitoring programs.
In early 2007, we asked the State of Utah to be a cooperator in Post-
Delisting monitoring. In a letter dated March 6, 2007, the State
suggested their participation in post-delisting monitoring was
unnecessary (Harja 2007).
We have prepared a draft Post-Delisting Monitoring Plan for
Erigeron maguirei (Service 2007). The draft Plan (1) summarizes the
species' status at the time of delisting; (2) defines thresholds or
triggers for potential monitoring outcomes and conclusions; (3) lays
out frequency and duration of monitoring; (4) articulates monitoring
methods including sampling considerations; (5) outlines data
compilation and reporting procedures and responsibilities; and (6)
proposes a post-delisting monitoring implementation schedule including
timing and responsible parties. The draft Post-Delisting Monitoring
Plan was modeled after the Conservation Strategy and incorporated the
Maguire Daisy Survey Protocol developed and tested by the Interagency
Rare Plant Team (Clark 2006b).
[[Page 28423]]
Through this combined proposed delisting rule and notice, we
announce the Plan's availability for public review. The draft Post-
Delisting Monitoring Plan can be viewed in its entirety at: http://
mountain-prairie.fws.gov/species/plants/maguiredaisy/. Copies can also
be obtained from the Utah field office (see FOR FURTHER INFORMATION
CONTACT section). We seek information, data, and comments from the
public regarding Erigeron maguirei and the post-delisting monitoring
strategy. We are also seeking peer review of this Plan concurrently
with this comment period. We anticipate finalizing this Plan,
considering all public and peer review comments, prior to making a
final determination on the proposed delisting rule.
Peer Review
In accordance with our joint policy published in the Federal
Register on July 1, 1994 (59 FR 34270), and the Office of Management
and Budget's Final Information Quality Bulletin for Peer Review, dated
December 16, 2004, we will seek the expert opinions of at least five
appropriate and independent specialists regarding the science in this
proposed rule and our Post-Delisting Monitoring Plan. We will invite
these peer reviewers to comment, during the public comment period, on
the specific assumptions and conclusions regarding the proposed
delisting and the approach laid out in our Post-Delisting Monitoring
Plan. We will consider all comments and information received during the
comment period on this proposed rule and our Post-Delisting Monitoring
Plan during preparation of a final rulemaking. Accordingly, the final
decision may differ from this proposal.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand including answers to questions such as
the following: (1) Are the requirements in the document clearly stated?
(2) Does the proposed rule contain technical language or jargon that
interferes with its clarity? (3) Does the format of the proposed rule
(grouping and order of sections, use of headings, paragraphing, etc.)
aid or reduce its clarity? (4) Would the rule be easier to understand
if it were divided into more (but shorter) sections? (5) Is the
description of the proposed rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the document? (6) What
else could we do to make the proposed rule easier to understand?
Send a copy of any written comments about how we could make this
rule easier to understand to Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
You also may e-mail the comments to this address Exsec@ios.doi.gov.
National Environmental Policy Act
We have determined that an Environmental Assessment or an
Environmental Impact Statement, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared in
connection with regulations adopted pursuant to section 4(a) of the
Act. We published a notice outlining our reasons for this determination
in the Federal Register on October 25, 1983 (48 FR 49244).
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
Office of Management and Budget (OMB) regulations at 5 CFR 1320
implement provisions of the Paperwork Reduction Act (44 U.S. C. 3501 et
seq.). The OMB regulations at 5 CFR 1320.3(c) define a collection of
information as the obtaining of information by or for an agency by
means of identical questions posed to, or identical reporting,
recordkeeping, or disclosure requirements imposed on, 10 or more
persons. Furthermore, 5 CFR 1320.3(c)(4) specifies that ``ten or more
persons'' refers to the persons to whom a collection of information is
addressed by the agency within any 12-month period. For purposes of
this definition, employees of the Federal government are not included.
The Service may not conduct or sponsor, and you are not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
This rule does not contain any collections of information that
require approval by OMB under the Paperwork Reduction Act. As proposed
under the Post-Delisting Monitoring section above, Erigeron maguirei
populations will be monitored by Capitol Reef, Fishlake National
Forest, and the BLM Price Field Office in accordance with the
Conservation Strategy. We do not anticipate a need to request data or
other information from 10 or more persons during any 12-month period to
satisfy monitoring information needs. If it becomes necessary to
collect information from 10 or more non-Federal individuals, groups, or
organizations per year, we will first obtain information collection
approval from OMB.
References Cited
A complete list of all references cited in this document is
available upon request from the Field Supervisor, U.S. Fish and
Wildlife Service, West Valley City, Utah (see FOR FURTHER INFORMATION
CONTACT).
Author
The primary authors of this document are staff located at the
Ecological Services Utah Field Office, U.S. Fish and Wildlife Service,
West Valley City, Utah (see FOR FURTHER INFORMATION CONTACT).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.
Proposed Regulation Promulgation
Accordingly, we hereby propose to amend part 17, subchapter B of
chapter I, title 50 of the Code of Federal Regulations, as set forth
below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
Sec. 17.12 [Amended]
2. Amend Sec. 17.12(h) by removing the entry ``Erigeron maguirei''
under ``FLOWERING PLANTS'' from the List of Endangered and Threatened
Plants.
Dated: April 16, 2008.
Kenneth Stansell,
Acting Director, Fish and Wildlife Service.
[FR Doc. E8-9282 Filed 5-15-08; 8:45 am]
BILLING CODE 4310-55-P