3741S Plant, Glaucocarpum Suffrutescens Glaucocarpum Suffrutescens Was First Thelypodium Suffrutescens (Graham in the Genus Scho
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3741s Federal Register / Vol. 52, l%o. 193 / Tuesday, October 6, 1967 / Rules and Regulations DEPARTMENT OF THE INTERiOR 1938). The species has also been treated Section 12 of the Endangered Species in the genus Schoenocrambe (Welsh and Act of 1973 (Act) directed the Secretary Fish and Wildlife Service Chatterley 19851. The toad-flax cress is a of the Smithsonian Institution to prepare member of the mustard family a report on those plants considered to 50 CFR Part 17 (Brassicaceae); it is a perennial herb be endangered, threatened, or extinct. This report, designated as House Endangered and Threatened Wildlife from a deep woody root and forms a clump of several slender simple stems, Document No. 94-51, was presented to and Plants; Final Rule to Determine Congress on January 9,197s. On July 1. Glaucocarpum suffrutescens (Toad- with elongated loose inflorescence and flax Cress) to be an Endangered yel!ow flowers. 1975, the Service pubiished a notice in Species Glaucocarpum suffrutescens is one of the Federal Register (30 FR 27823) of its several endemics limited to the Green acceptance of the report as a petition to AGENCY: Fish and Wildlife Service, River Formation in the Uinta Basin of list the taxa named therein under Interior. eastern Utah. It survives with a few section 4(c)(2) of the 1973 Act (petition ACTION: Final rule. other species primarily on one acceptance is now governed by section calcareous shale stratum strongly 4(b)(3] of the Act], and of its intention to SUMMARY: The Service de!ermines a resistant to erosion. The habitat of this review the status of those plants. plant, Glaucocarpum suffrutescens plant is disjunct knolls and benches Glaucccarpum suffrutescens was [toad-flax cress), to be an endangered resembling small extremely dry desert included in the July 1,1975, notice and species under the authority of the islands surrounded by sagebrush or was proposed by the Service for hsting Endangered Species Act of 1973, as pinyon-juniper woodland. CIyptantha as endangered along with some 1.706 amended. It is endemic in the Uinta barnebyi (Barneby cat’s-eye), another other vascular plant taxa on June 16. Basin of northeastern Utah on shale candidate plant under review for 1976 (41 FR 24523). General comments barrens of the Green River Formation, in threatened or endangered status (56 FR received in relation to the 1976 proposal or adjacent to the Hill Creek drainage in 395261, occurs, at least in part, in the are summarized in an April 26.1978, southern Uintah County, and at the base habitat of Glaucocarpum. Federal Register publication (43 FR of the Badland Cliffs in adjacent Glaucocarpum occurs in two main 17909). Duchesne County. The nine known population groups near each other in The Endangered Species Act populations of the species total about Uintah County. One group is centered in amendments of 1978 required that all 3.666 individuals and have experienced the Gray Knolls between the Green proposals over 2 years old be a range and population decline since its River and Hill Creek, with BOO-1,000 withdrawn: proposals already over 2 discovery 56 years ago. The reasons for plants in 3 populations. The other group years old were subject to a l-year grace the decline are not fully understood, and is centered on Little Pack Mountain and period. On December 10,1979, the may be due to habitat alteration, along the flanks of Big Pack Mountain Service published a notice of possibly from building stone removal, between Hill Creek and Wi!low Creek, withdrawal of that portion of the June localized historic overgrazing and oil with about 2,000 individuals in 5 16,1976, proposal that had not been and gas development. Oil, gas. and oil populations. A small third population made final, along with four other shale development could significantly center, about 20 miles to the west in proposals that had expired (44 FR jeopardize the species in the future. This Duchesne County, has 107 known 76798). The July 1975, notice was rule implements protection provided by plants. The individual populations range replaced on December 15.1980. by the the Endangered Species Act of 1973. as in size from 3 to perhaps 1,000 plants. Service’s publication in the Federal amended. A proposal to designate Most of the populations occur on Register (45 FR 82480) of a new notice of critical habitat for this species is Federal land under the iurisdiction of review for plants, which included withdrawn. the Bureau of Land Management (BLM) Glaucocarpum suffrutescens as a DATE: The effective date of this rule is and the Department of Energy (DOE) category 1 species. Category 1 comprises November 51987. and on Indian land under the taxa for which the Service presently has ADDRESSES: The complete file for this jurisdiction of the Bureau cf Indian significant biological information to rule is available for public inspection, by Affairs (BIA) and the Ute Indian tribe. support their being proposed to be listed appointment, during normal business From 1977 to 1986, field work was as endangered or threatened species. hours at the Service’s Regional Office, undertaken on this species by Karl The Endangered Species Act 134 Union Boulevard, 4th floor, Wright, Larry England, Kathy Mutz. amendments of 1982 required that all Lakewood, Colorado; or Salt Lake City Elizabeth Neese, Scott Peterson, and petitions pending as of October 13,1982. Field Office, Room 2078 Administration John and Leila Shultz. This work be treated as having been newly Building, 1745 West 1766 South, Salt documented range, specific occurrences, submitted on that date. The deadline for Lake City, Utah 84104. approximate number of individuals, and a finding on such petitions, including FOR FURTHER INFORMATION CONTACTZ recommended areas of critical habitat that for Glaucocarpum suffrutescens, Mr. John L. England, Botanist. at the Salt for Glaucocarpum (Shultz and Mutz was October 13.1983. On October 13, Lake City address above, (801/5244430 1979, England 1982). 1983, and again on October 12,1984, a orFTS588-4430). The toad-flax cress habitat is petition finding was made that listing SUPPLEMENTARY INFORMATION: underlain by oil shale deposits. Building this species was warranted but stone collecting may have significantly precluded by other listing actions, in Background altered the habitat of the species and accordance with section 4(b)(3)(B)(iii) of Glaucocarpum suffrutescens was first decreased its range and population. the Act. The Service published a discovered in 1935 by Edward Graham Historic heavy grazing may also have proposed rule to list Glaucocarpum and described by Reed Rollins as had an impact on some of the species’ suffrutescens as an endangered species Thelypodium suffrutescens (Graham populations. Oil shale and oil and gas on September 5.1985, constituting the 1937). Following further research, Dr. development without adequate next l-year finding that would have Rollins erected the monotypic genus provision for the species could destroy it been required on or before October 13. Cluucocarpum for this species (Rollins in the future. 1966. Federal Resister / Vol. 52, No. 193 / Tuesday, October 6. 1987 / Rules and Regulations 37417 Summary of Gnmmenta and by Shultz and Mutz (1979) and England because of its oil shale value: other land .. Recommendations (1982), it appears that the population supporting the species was set aside as a:. : In the September 5.1985, proposed along the east flank of Big Pack a portion of the DOE’s Naval Oil Shale rule (50 FR 36118) and associated Mountain harbored in excess of 3,000 Reserve No. II; and the entire area of the notifications, all interested parties were individuals in 1935. This population now population under Federal jurisdiction is requested to submit factual reports or comprises fewer than 1,000 individuals. under executive withdrawal for mineral information that might contribute to the Currently, in habitat similar to the east entry because of its oil shale value development of a final rule. The Service Big Pack Mountain habitat, the west [Executive Order 5327). The Service extended the initial comment period on flank of Big Pack Mountain supports a continues to believe that some potential November 4.1985 (50 FR 45846). to Glaucocarpum population of fewer than for oil, gas, and shale development accommodate a requested public 2Ca individuals. Populations at Little exists and that this potential is properly hearing. In addition, the Service Pack Mountain and in the Gray Knolls considered as a contributing basis for reopened the comment period on total no more than 1.600 plants between listing the species. December 11.1985 (50 FR 506461, at the them. The Service, in an effort to The BLM commented that request of a private landowner whose determine what factors may have Glaucocarpum suffrutescens is receiving property had been proposed as critical caused such a population decline, consideration as a sensitive plant habitat. The reopening of the comment looked for human-induced changes in species in the BLM’s environmental period was needed to provide additional the habitat of Glaucocarpum since the planning documents (BLM 19&9) and that time for the private landowner and first observation of the species 50 years the BLM will protect it under its land others to formulate recommendations ago. Heavy grazing and removal of the management authority as long as the concerning the listing of the species and surface stone peculiar to the calcareous species is under review by the Service its critical habitat designation. outcrops to which Glaucocarpum is for official status under the Endangered Appropriate State agencies, county endemic occurred concurrently with the Species Act. The Service acknowledges governments, Federal agencies, decline of the species. While neither of the conservation measures the BLM has scientific organizations, and other these factors may have been solely extended the Glaucocarpum and other interested parties were contacted and responsible for the species’ decline, rare and sensitive species within the requested to comment.