[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31878-31883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12627]
[[Page 31878]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2013-0079; 4500030113]
RIN 1018-AZ12
Endangered and Threatened Wildlife and Plants; Threatened Species
Status for Ivesia webberi
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), determine
threatened species status under the Endangered Species Act of 1973
(Act), as amended, for Ivesia webberi (Webber's ivesia), a plant
species from five counties in California and Nevada along the
transition zone between the eastern edge of the northern Sierra Nevada
and the northwestern edge of the Great Basin. The effect of this
regulation will be to add this species to the Federal List of
Endangered and Threatened Plants.
DATES: This rule is effective July 3, 2014.
ADDRESSES: This final rule is available on the Internet at http://www.regulations.gov (Docket No. FWS-R8-ES-2013-0079). Comments and
materials we received, as well as supporting documentation we used in
preparing this rule, are available for public inspection at http://www.regulations.gov. All of the comments, materials, and documentation
that we considered in this rulemaking are available by appointment,
during normal business hours at: U.S. Fish and Wildlife Service, Nevada
Fish and Wildlife Office, 1340 Financial Boulevard, Suite 234, Reno, NV
89502; telephone 775-861-6300; or facsimile 775-861-6301.
FOR FURTHER INFORMATION CONTACT: Edward D. Koch, State Supervisor, U.S.
Fish and Wildlife Service, Nevada Fish and Wildlife Office, 1340
Financial Boulevard, Suite 234, Reno, NV 89502; telephone 775-861-6300;
or facsimile 775-861-6301. Persons who use a telecommunications device
for the deaf (TDD) may call the Federal Information Relay Service
(FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Previous Federal Action
Please refer to the proposed listing rule for Ivesia webberi (78 FR
46889; August 2, 2013) for a detailed description of previous Federal
actions concerning this species.
Elsewhere in today's Federal Register, we published a final rule to
designate critical habitat for Ivesia webberi under the Act (16 U.S.C.
1531 et seq.).
Background
Ivesia webberi is a low, spreading perennial forb in the Rose
family (Rosaceae) with grayish-green foliage; dark-red, wiry stems; and
headlike clusters of small, yellow flowers. This species occupies
vernally moist, rocky, clay soils with an argillic horizon that shrink
and swell upon drying and wetting in open to sparsely vegetated areas
associated with an Artemisia arbuscula (low sagebrush)--perennial
bunchgrass--forb community. The specialized soils are well developed, a
process estimated to take 1,000 years. Limited seed dispersal and
apparent limited recruitment further restrict the occupied range and
distribution of I. webberi (Service 2014, pp. 4-7).
Ivesia webberi is currently known to occupy a total of
approximately 165 acres (66.8 hectares) within five counties in
California and Nevada along the transition zone between the eastern
edge of the northern Sierra Nevada and the northwestern edge of the
Great Basin (Service 2014, p. 8). The species is known historically
from a total of 17 populations, but 1 has been extirpated and a portion
of another (1 of 4 subpopulations) is possibly extirpated. Of the
remaining 16 populations, the status of 2 are unknown, and we currently
are uncertain whether the species still persists at these locations
(Service 2014, pp. 14-21). For the remaining 14 populations where the
species' status is better understood, 10 occur on areas that are less
than 5 ac (2 ha) each. Reliable estimation of population sizes or
trends in I. webberi is complicated because past population estimates
have usually been obtained by different observers employing a variety
of methodologies and varying levels of survey effort (Service 2014, p.
12).
Please refer to the proposed listing rule for Ivesia webberi (78 FR
46889; August 2, 2013) and the updated Species Report (Service 2014,
entire), available at http://www.regulations.gov under Docket No. FWS-
R8-ES-2013-0079, for a summary of additional species information.
Summary of Biological Status and Threats
Due to the restricted range, specialized habitat requirements, and
limited recruitment and dispersal of Ivesia webberi, populations of
this species are vulnerable to ongoing and future threats that affect
both individual plants and their habitat. The primary threat to I.
webberi is the combined and synergistic effect from the encroachment of
nonnative, invasive plant species into the I. webberi plant community
and the modified fire regime resulting from this encroachment (Service
2014, pp. 23-26). Nonnative, invasive plant species, such as Bromus
tectorum (cheatgrass), Poa bulbosa (bulbous bluegrass), and
Taeniatherum caput-medusae (medusahead), have become established and
are part of the associated plant community at 12 of the 16 extant
populations of I. webberi. Nonnative, invasive plant species negatively
affect I. webberi through competition, displacement, and degradation of
the quality and composition of the Artemisia arbuscula--perennial
bunchgrass--forb community in which I. webberi occurs. In addition to
these effects, these nonnative, invasive plant species, once
established, contribute fuels that increase the frequency and
likelihood of wildfire in I. webberi habitat.
Wildfire was historically infrequent in the Great Basin because the
native plant communities made up of annuals and perennial bunchgrasses
did not provide sufficient fine fuels to carry large-scale wildfires.
The bare spaces between widely spaced shrubs and the low fuel load of
native annuals and perennial bunchgrasses generally prevented fire from
spreading, so the fires that did burn were restricted to isolated
patches. In Artemisia arbuscula communities, such as those that Ivesia
webberi inhabits, the average fire return interval is greater than 100
years, due to natural lower productivity and fuel accumulations
(Service 2014, p. 24). However, beginning in the late 1800s, the
widespread invasion of nonnative plant species, particularly annual
grasses, has created a bed of continuous fine fuels across the
sagebrush landscape in many areas (Service 2014, p. 25). This increase
in fine fuels created by nonnative, invasive plants has resulted in
more frequent fires that burn larger areas and often burn at higher
intensities. Post-fire conditions further facilitate the invasion and
establishment of nonnative, invasive plant species, thus creating a
positive feedback loop between increased wildfire and the spread of
these species (Service 2014, pp. 25-26). Ten of the 16 extant I.
webberi populations have experienced wildfire since 1984 (Service 2014,
p. 25). Because I. webberi did not evolve with frequent fire and does
not possess adaptations that would help it persist in a frequent-fire
fire regime, wildfires are
[[Page 31879]]
expected to have adverse population-level impacts on the species.
Increased wildfire frequency within the species' range also results in
increased wildfire suppression activities, which also may adversely
affect I. webberi populations (Service 2014, pp. 22, 25-26).
Other threats impacting Ivesia webberi populations include off-
highway vehicle (OHV) use, roads, development, livestock grazing, and
climate change (Service 2014, pp. 26-32). OHV impacts to I. webberi
populations have increased during the past 20 years as population
growth and associated development have increased (Bergstrom 2009, p.
22), especially in the Reno urban area where 6 of the 16 populations
occur. Eleven of 16 extant I. webberi populations are adjacent to or
intersected by dirt roads and have been impacted to some degree by road
development and OHV use (Service 2014, pp. 26-27). Roads cause habitat
loss and degradation, and when vehicles drive off existing roads and
trails, they can crush plants, compact soils, and provide a means for
nonnative, invasive plant species to invade otherwise remote, intact
habitats. The U.S. Forest Service (Forest Service) concluded that a
2006 travel management plan for Peavine Mountain would benefit rare
plant species, including I. webberi; however, designated roads open to
all vehicles continue to bisect I. webberi populations, and
unauthorized OHV use remains high within I. webberi populations on
Forest Service lands in the Reno urban area (Service 2014, p. 27).
Development, which results in direct mortality and in habitat loss,
degradation, and fragmentation, has resulted in the extirpation of one
Ivesia webberi population and the loss of a portion of another
population (Service 2014, p. 27). Residential or commercial development
is ongoing or planned at each of the four Nevada populations located on
private lands. In addition, construction of a 120-kV overhead
transmission line may impact two I. webberi populations located on
Forest Service lands (Service 2014, pp. 27-28). Livestock grazing has
the potential to result in negative effects to I. webberi due to
trampling and substrate disturbance, but this situation is dependent on
factors such as stocking rate and season of use. Two I. webberi
populations occur in areas that are currently grazed by cattle, and
another seven populations occur within vacant grazing allotments that
could be reopened to grazing to alleviate grazing pressures on nearby
allotments (Service 2014, p. 30).
Climate change is likely to affect Ivesia webberi, although it is
difficult to project specific effects. In the Great Basin, temperatures
have risen 0.9 to 2.7 degrees Fahrenheit ([deg]F) (0.5 to 1.5 degrees
Celsius ([deg]C)) in the last 100 years and are projected to warm
another 3.8 to 10.3[emsp14][deg]F (2.1 to 5.7 [deg]C) over the rest of
the century (Service 2014, p. 31). Under current climate change
projections, we anticipate that future climatic conditions will favor
the further spread of nonnative, invasive plants and increase the
frequency, spatial extent, and severity of wildfires (Service 2014, p.
31). Alteration of temperature and precipitation patterns as a result
of climate change also may result in decreased survivorship of I.
webberi by causing physiological stress, altering phenology, and
reducing reproduction or seedling establishment.
Because most of the habitat where the species is known to occur is
located on Federal lands (69 percent of occupied habitat occurs on
Forest Service lands, and 3 percent of occupied habitat occurs on
Bureau of Land Management (BLM) lands), Ivesia webberi receives some
conservation protections resulting from Federal laws and the
regulations and policies implementing those laws (e.g., the National
Forest Management Act, 16 U.S.C. 1600 et seq.; Federal Land Policy and
Management Act, 43 U.S.C. 1701 et seq.; National Environmental Policy
Act, 42 U.S.C. 4321 et seq.). Ivesia webberi receives special
consideration on Federal lands because it is classified as a sensitive
species by both the Forest Service and BLM (Service 2014, pp. 3-4). The
species also is classified as threatened with extinction and fully
protected by the State of Nevada; removing or destroying I. webberi and
other fully protected plants is prohibited except under special permit
issued by the Nevada Division of Forestry (NDF 2013). Ivesia webberi is
not listed as endangered or threatened under the California Endangered
Species Act (CESA), but has a California Native Plant Society (CNPS)
rare plant rank of 1B.1 (seriously threatened in California with over
80 percent of occurrences threatened and high degree and immediacy of
threat (CNPS 2013)). Ivesia webberi and other plants with a CNPS 1B
rank must be fully considered during preparation of environmental
documents relating to the California Environmental Quality Act (CEQA)
(CNPS 2013).
The Forest Service drafted a rangewide conservation strategy for
Ivesia webberi to guide conservation actions for the species on Forest
Service lands (Service 2014, pp. 21-22). The conservation strategy,
which was signed in 2010, will result in long-term benefits to I.
webberi populations located on Forest Service lands (Bergstrom 2009,
pp. 1-46). However, we expect that the landscape-level threats of
nonnative, invasive plants and increased wildfire will continue to
adversely affect I. webberi populations across the species' range
(Service 2014, p. 22).
Please refer to the proposed listing rule (78 FR 46889; August 2,
2013) and the Species Report (Service 2014), available at http://www.regulations.gov under Docket No. FWS-R8-ES-2013-0079, for a more
detailed discussion of the biological status of Ivesia webberi and the
impacts affecting the species and its habitat. Our assessment was based
upon the best available scientific and commercial data and the expert
opinion of the Species Report team members.
Summary of Changes From the Proposed Rule
No significant changes have been made to the information presented
in the proposed listing rule. Minor edits have been made to the
biological information summarized above in the Background section of
this rule based on new information received from the U.S. Forest
Service and our survey efforts. New information includes:
(1) A second subpopulation was discovered within population USFWS
9, containing 50 individual plants (C. Schnurrenberger, unpul. Survey
2013).
(2) Two populations (USFWS 14 and 15) previously determined to be
extant have been recently confirmed, and survey information provided us
baseline information on numbers of individuals and quality of the
habitat. Specifically, these populations were found to harbor
relatively high population estimates, but also high levels of invasion
by Taeniatherum caput-medusae (S. Kulpa, E. Bergstrom, and C.
Ghiglieri, unpubl. survey 2013; S. Kulpa and E. Hourihan, unpubl.
survey 2013).
(3) Two populations (USFWS 3 and 4) were confirmed extant (as
opposed to probable extant), and surveys indicated low numbers of
individuals over a small occupied area (S. Kulpa and J. Johnson,
unpubl. survey 2013a; S. Kulpa and J. Johnson, unpubl. survey 2013b).
Summary of Comments and Recommendations
In the proposed rule published on August 2, 2013 (78 FR 46889), we
requested that all interested parties submit written comments on the
proposal by October 1, 2013. We also contacted appropriate Federal and
State agencies, scientific experts and organizations, and other
interested
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parties and invited them to comment on the proposal. Newspaper notices
inviting general public comment were published in the Reno Gazette
Journal, and we held a public/informational meeting in Reno on
September 10, 2013. We did not receive any requests for a public
hearing. All substantive information provided during comment periods
has either been incorporated directly into this final determination or
is addressed below.
Peer Reviewer Comments
In accordance with our peer review policy published on July 1, 1994
(59 FR 34270), we solicited expert opinion from three knowledgeable
individuals with scientific expertise that included familiarity with
Ivesia webberi and its habitat, biological needs, and threats. We did
not receive responses from any of the peer reviewers, nor any responses
from State agencies. We reviewed all other comments we received for
substantive issues and new information regarding the listing of Ivesia
webberi.
Federal Agency Comments
Comment 1: The Forest Service commended us for thorough
documentation of known occurrences of Ivesia webberi, and recommended
that we consider the possible relevance of historical and potential
habitats for the full recovery of Ivesia webberi.
Our Response: We thank the Forest Service for its review. We agree
that historical and potential habitats are important considerations for
developing conservation and recovery strategies. We expect that these
factors will receive focused attention during the preparation of a
recovery plan for this species.
Public Comments
Comment 2: One commenter listed several reasons why they support
listing Potentilla basaltica (Soldier Meadow cinquefoil) under the Act
rather than its removal from the candidate list.
Our Response: Although we thank the commenter for their review, we
note that our 12-month finding and candidate removal for Potentilla
basaltica was made final on August 2, 2013 (78 FR 46889). This finding
was based upon the best available information, and constitutes our
final determination on the subject petition for this species, in
accordance with section 4(b)(3)(B)(i) of the Act. Based on our analysis
of the five factors identified in section 4(a)(1) of the Act, and as
explained further in the published finding, we have concluded that the
previously recognized impacts to P. basaltica from present or
threatened destruction, modification, or curtailment of its habitat or
range (recreational use; OHV use; introduction of nonnative, invasive
plant species; and trampling by livestock) do not rise to a level of
significance such that the species is in danger of extinction now or in
the foreseeable future. The status of P. basaltica will therefore not
be re-evaluated. However, we welcome new information on this and other
species at any time, and will consider relevant information in any
future evaluations and listing decisions.
Comment 3: One commenter asked how we plan to protect the plant if
it is on private property, and also asked how the Act's status of the
plant would affect private property owners when the plant is located on
privately owned lands.
Our Response: The Act does not prohibit the destruction, damage, or
movement of endangered or threatened plants unless such activities
occur on lands that are under Federal jurisdiction, or if the action
occurs in conjunction with the violation of State laws. Therefore, if a
person wishes to develop private land, with no Federal jurisdiction
involved and in accordance with State law, then the potential
destruction, damage, or movement of endangered or threatened plants
does not violate the Act.
Determination
Section 4 of the Act (16 U.S.C. 1533), and its implementing
regulations at 50 CFR part 424, set forth the procedures for adding
species to the Federal Lists of Endangered and Threatened Wildlife and
Plants. Under section 4(a)(1) of the Act, we may list a species based
on: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) the inadequacy of existing regulatory
mechanisms; or (E) other natural or manmade factors affecting its
continued existence. Listing actions may be warranted based on any of
the above threat factors, singly or in combination.
We have carefully assessed the best scientific and commercial
information available regarding the past, present, and future threats
to Ivesia webberi. We considered the five factors identified in section
4(a)(1) of the Act in determining whether I. webberi meets the Act's
definition of an endangered species (section 3(6)) or a threatened
species (section 3(20)). We determined that I. webberi is threatened by
the present or threatened destruction, modification, or curtailment of
its habitat or range (Factor A). The present or threatened destruction,
modification, or curtailment of its habitat or range includes habitat
loss and degradation due to nonnative, invasive plants; modified fire
regime (increased wildfire); OHV use; roads; development; livestock
grazing; and climate change. Of these, we consider the combined and
synergistic effects of nonnative, invasive plant encroachment and
increased wildfire to be the greatest threat to I. webberi.
Nonnative, invasive plant species such as Bromus tectorum and
Taeniatherum caput-medusae can outcompete and displace I. webberi and
result in increased frequency, spatial extent, and severity of
wildfires because of the increase in fine fuels they produce. Twelve of
the 16 extant populations have already been invaded by nonnative,
invasive plant species, and 10 of the 16 extant populations have been
impacted by wildfire since 1984. Because there are currently no
feasible means for controlling the spread of widespread nonnative,
invasive plant species such as B. tectorum and T. caput-medusae, we
expect that wildfires will continue to impact I. webberi populations.
Increased temperatures and altered precipitation patterns due to
climate change are projected to lead to further increases in wildfire
and nonnative, invasive plants. OHV use, roads, development, and
livestock grazing are having impacts on certain I. webberi populations.
We did not identify threats to Ivesia webberi due to
overutilization for commercial, recreational, scientific, or
educational purposes (Factor B); disease or predation (Factor C); or
other natural or manmade factors affecting its continued existence
(Factor E). Although regulatory mechanisms (Factor D) are in place that
provide some protection to I. webberi and its habitat, these mechanisms
do not completely alleviate all of the threats currently acting on the
species.
The Act defines an endangered species as any species that is ``in
danger of extinction throughout all or a significant portion of its
range'' and a threatened species as any species ``that is likely to
become endangered throughout all or a significant portion of its range
within the foreseeable future.'' Available population information for
Ivesia webberi is not useful for determining trends because population
estimates have been obtained by different observers employing a variety
of means and levels of survey effort. Nonnative, invasive plant
species; wildfire; and OHV activity are present impacts throughout the
range of I. webberi and in some cases are found to be increasing for
many years with data
[[Page 31881]]
in particular related to increased recreational OHV activity over the
past 20 years (Service 2014, pp. 26-27) and increased wildfire and
suppression activities over the past 30 years (Service 2014, pp. 22,
24-26). Additionally, given current climate change projections, we
anticipate that future climatic conditions will favor invasion by
nonnative, invasive plant species, which will further contribute to
increases in frequency, spatial extent, and severity of wildfires
(Service 2014, pp. 30-32). Based on the timeframe associated with the
documented increased level of some threats over the past 30 years and
the effects of climate change projections on these threats, we estimate
the foreseeable future to be at least 30 years (i.e., 2044).
We determined that Ivesia webberi is not presently in danger of
extinction throughout all of its range, but that it is likely to become
endangered throughout all of its range in the foreseeable future. We
determined that I. webberi is not presently in danger of extinction
because the species is characterized by multiple populations spread
across northeastern California and northwestern Nevada and that, in
total, these populations provide sufficient redundancy (multiple
populations distributed across the landscape), resiliency (capacity for
a species to recover from periodic disturbance), and representation
(range of variation found in a species) such that I. webberi is not at
immediate risk of extinction. However, because multiple threats
(nonnative, invasive plants; increased wildfire; OHV use; roads;
development; livestock grazing; and climate change) are impacting many
of the I. webberi populations and because combined and synergistic
effects, due to encroachment of nonnative, invasive plants and
increased wildfire, as well as climate change, are likely to continue
and increase in the future, we find that I. webberi is likely to become
an endangered species throughout all of its range in the foreseeable
future. Therefore, on the basis of the best available scientific and
commercial information, we are listing I. webberi as a threatened
species.
Significant Portion of the Range
In determining whether a species is endangered or threatened in a
significant portion of its range, we first identify any portions of the
range of the species that warrant further consideration. The range of a
species can theoretically be divided into portions an infinite number
of ways. However, there is no purpose to analyzing portions of the
range that are not reasonably likely to be both (1) significant and (2)
endangered or threatened. To identify only those portions that warrant
further consideration, we determine whether there is substantial
information indicating that: (1) The portions may be significant, and
(2) 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 species' range that are not significant, such
portions will not warrant further consideration.
If we identify portions that warrant further consideration, we then
determine whether the species is endangered or threatened in these
portions of its range. Depending on the biology of the species, its
range, and the threats it faces, the Service may address either the
significance question or the status question first. Thus, if the
Service considers significance first and determines that a portion of
the range is not significant, the Service need not determine whether
the species is endangered or threatened there. Likewise, if the Service
considers status first and determines that the species is not
endangered or threatened in a portion of its range, the Service need
not determine if that portion is significant. However, if the Service
determines that both a portion of the range of a species is significant
and the species is endangered or threatened there, the Service will
specify that portion of the range as endangered or threatened under
section 4(c)(1) of the Act.
The primary threats to Ivesia webberi occur throughout the species'
range and are not restricted to or concentrated in any particular
portion of that range. The primary threats of nonnative, invasive
plants and increased wildfire are impacting I. webberi populations
throughout the California and Nevada portions of the species' range.
Climate change also is acting on I. webberi throughout the species'
range. Thus, we conclude that threats impacting I. webberi are not
concentrated in certain areas, and, thus, there are no significant
portions of its range where the species should be classified as an
endangered species. Accordingly, this listing of I. webberi as a
threatened species applies throughout the species' entire range.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness, and
conservation by Federal, State, Tribal, and local agencies; private
organizations; and individuals. The Act encourages cooperation with the
States and requires that recovery actions be carried out for all listed
species. The protection required by Federal agencies and the
prohibitions against certain activities are discussed, in part, below.
The primary purpose of the Act is the conservation of endangered
and threatened species and the ecosystems upon which they depend. The
ultimate goal of such conservation efforts is the recovery of these
listed species, so that they no longer need the protective measures of
the Act. Subsection 4(f) of the Act requires the Service to develop and
implement recovery plans for the conservation of endangered and
threatened species. The recovery planning process involves the
identification of actions that are necessary to halt or reverse the
species' decline by addressing the threats to its survival and
recovery. The goal of this process is to restore listed species to a
point where they are secure, self-sustaining, and functioning
components of their ecosystems.
Recovery planning includes the development of a recovery outline
shortly after a species is listed and preparation of a draft and final
recovery plan. The recovery outline guides the immediate implementation
of urgent recovery actions and describes the process to be used to
develop a recovery plan. Revisions of the plan may be done to address
continuing or new threats to the species, as new substantive
information becomes available. The recovery plan identifies site-
specific management actions that set a trigger for review of the five
factors that control, for example, whether a species remains endangered
or may be downlisted or delisted, and methods for monitoring recovery
progress. Recovery plans also establish a framework for agencies to
coordinate their recovery efforts and provide estimates of the cost of
implementing recovery tasks. Recovery teams (composed of species
experts, Federal and State agencies, nongovernmental organizations, and
stakeholders) are often established to develop recovery plans. When
completed, the recovery outline, draft
[[Page 31882]]
recovery plan, and the final recovery plan will be available on our Web
site (http://www.fws.gov/endangered), or from our Nevada Fish and
Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Implementation of recovery actions generally requires the
participation of a broad range of partners, including other Federal
agencies, States, Tribes, nongovernmental organizations, businesses,
and private landowners. Examples of recovery actions include habitat
restoration (e.g., restoration of native vegetation), research, captive
propagation and reintroduction, and outreach and education. The
recovery of many listed species cannot be accomplished solely on
Federal lands because their range may occur primarily or solely on non-
Federal lands. To achieve recovery of these species requires
cooperative conservation efforts on private, State, and Tribal lands.
Based on this final listing rule, funding for recovery actions will
be available from a variety of sources, including Federal budgets,
State programs, and cost share grants for non-Federal landowners, the
academic community, and nongovernmental organizations. In addition,
pursuant to section 6 of the Act, the States of California and Nevada
will be eligible for Federal funds to implement management actions that
promote the protection or recovery of Ivesia webberi. Information on
our grant programs that are available to aid species recovery can be
found at: http://www.fws.gov/grants.
Please let us know if you are interested in participating in
recovery efforts for Ivesia webberi. Additionally, we invite you to
submit any new information on this species whenever it becomes
available and any information you may have for recovery planning
purposes (see FOR FURTHER INFORMATION CONTACT).
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as an
endangered or threatened species and with respect to its critical
habitat, if any is designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) of the Act requires Federal agencies to
confer with the Service on any action that is likely to jeopardize the
continued existence of a species proposed for listing or result in
destruction or adverse modification of proposed critical habitat. If a
species is listed subsequently, section 7(a)(2) of the Act requires
Federal agencies to ensure that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of the
species or destroy or adversely modify its critical habitat. If a
Federal action may affect a listed species or its critical habitat, the
responsible Federal agency must enter into consultation with the
Service.
Federal agency actions within the species' habitat that may require
conference or consultation or both as described in the preceding
paragraph include land management actions that could result in impacts
to soil characteristics or seedbank viability, pollinators or their
habitat, and associated native vegetation community, and any other
landscape-altering activities on Federal lands, such as:
Reauthorization of grazing permits by the BLM and the U.S. Forest
Service, issuance of section 404 Clean Water Act (33 U.S.C. 1251 et
seq.) permits by the U.S. Army Corps of Engineers, construction and
management of gas pipeline and power line rights-of-way by the Federal
Energy Regulatory Commission, and construction and maintenance of roads
or highways by the Federal Highway Administration.
Under section 4(d) of the Act, the Secretary of the Interior has
discretion to issue such regulations as he deems necessary and
advisable to provide for the conservation of threatened species. The
Secretary also has the discretion to prohibit by regulation with
respect to a threatened plant species any act prohibited by section
9(a)(2) of the Act. Exercising this discretion, which has been
delegated to the Service by the Secretary, the Service has developed
general prohibitions that are appropriate for most threatened plants at
50 CFR 17.71. Therefore, we are not promulgating a special rule under
section 4(d) of the Act, and as a result, all of the applicable section
9 prohibitions, set forth at 50 CFR 17.71, will apply to Ivesia
webberi.
It is our policy, as published in the Federal Register on July 1,
1994 (59 FR 34272), to identify to the maximum extent practicable at
the time a species is listed, those activities that would or would not
constitute a violation of section 9 of the Act. The intent of this
policy is to increase public awareness of the effect of a listing on
proposed and ongoing activities within the range of listed species. The
Act and its implementing regulations set forth a series of general
prohibitions and exceptions that apply to endangered and threatened
plants. The Service codified the Act's prohibitions applicable to
endangered plants at 50 CFR 17.61 and by regulation extended the
prohibitions to threatened plants at 50 CFR 17.71. Section 9(a)(2) and
50 CFR 17.61(a) make it illegal for any person subject to the
jurisdiction of the United States to import or export, transport in
interstate or foreign commerce in the course of a commercial activity,
sell or offer for sale in interstate or foreign commerce, or remove and
reduce the species to possession from areas under Federal jurisdiction,
but 50 CFR 17.71(a) contains an exception for the seeds of cultivated
specimens, provided that a statement that the seeds are of ``cultivated
origin'' accompanies the seeds or their container. Also, 50 CFR
17.71(b) authorizes Service and State conservation agency employees to
remove and reduce to possession from Federal lands those threatened
plant species covered by cooperative agreements under section 6(c) of
the Act. The following activities could potentially result in a
violation of section 9 of the Act; this list is not comprehensive:
(1) Import of Ivesia webberi into, or export of this species from,
the United States without authorization.
(2) Removal and reduction to possession of I. webberi from areas
under Federal jurisdiction.
(3) Delivery, receipt, carrying, transport, or shipping of I.
webberi in interstate or foreign commerce, by any means whatsoever and
in the course of a commercial activity.
(4) Sale, or offer for sale, of I. webberi in interstate or foreign
commerce.
Questions regarding whether specific activities would constitute a
violation of section 9 of the Act should be directed to the Nevada Fish
and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Required Determinations
National Environmental Policy Act (42 U.S.C. 4321 et seq.)
We have determined that environmental assessments and environmental
impact statements, as defined under the authority of the National
Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), need not be
prepared in connection with listing a species as an endangered or
threatened species under the Endangered Species Act. We published a
notice outlining our reasons for this determination in the Federal
Register on October 25, 1983 (48 FR 49244).
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994
(Government-to-Government Relations with Native American Tribal
Governments; 59 FR 22951), Executive Order 13175 (Consultation and
[[Page 31883]]
Coordination with Indian Tribal Governments), and the Department of the
Interior's manual at 512 DM 2, we readily acknowledge our
responsibility to communicate meaningfully with recognized Federal
Tribes on a government-to-government basis. In accordance with
Secretarial Order 3206 of June 5, 1997 (American Indian Tribal Rights,
Federal-Tribal Trust Responsibilities, and the Endangered Species Act),
we readily acknowledge our responsibilities to work directly with
tribes in developing programs for healthy ecosystems, to acknowledge
that tribal lands are not subject to the same controls as Federal
public lands, to remain sensitive to Indian culture, and to make
information available to tribes.
References Cited
A complete list of references cited in this rulemaking is available
on the Internet at http://www.regulations.gov and upon request from the
Nevada Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT).
Authors
The primary authors of this final rule are the staff members of the
Service's Nevada Fish and Wildlife Office and Region 8 Regional Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.12(h) by adding an entry for ``Ivesia webberi'' in
alphabetical order under FLOWERING PLANTS to the List of Endangered and
Threatened Plants to read as follows:
Sec. 17.12 Endangered and threatened plants.
* * * * *
(h) * * *
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Species
-------------------------------------------------------- Historic range Family Status When listed Critical Special
Scientific name Common name habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
FLOWERING PLANTS
* * * * * * *
Ivesia webberi................... Webber's ivesia..... U.S.A. (CA, NV).... Rosaceae........... T 836 17.96(a) NA
* * * * * * *
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* * * * *
Dated: May 15, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-12627 Filed 6-2-14; 8:45 am]
BILLING CODE 4310-55-P