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. Newspaper there is a distinct possibility of their Vernal BLh4 District. notices were published in the Vernal effect having led to the current Six written comments and eight oral Express, The Uintah Basin Standard, endangered status of Glaucocarpum. comments from the public hearing-one The Deseret News, and The Salt Lake Three comments, one from the BLM, from the private landowner, three from Tribune during the period of September one from the USU Extension Service and regional economic development 27 to October 23,19&j. Fifteen written one from the private landowner stated agencies, eight from private individuals, comments were received and are that listing of GIaucocarpum one from a county commissioner, and discussed below. A public hearing was suffrutescens should be deferred until one from a livestock production group- held on November X,1985, in Vernal, the reasons causing the decline of the stated that listing Giaucocarpum Utah. Thirteen verbal comments were species are known. suffrutescens would adversely affect received at that hearing. The public Service data indicate that the decline economic development of energy hearing is summarized with the written of the population and range of resources in Duchesne and Uintah comments below. GIaucocarpum suffrutescens in absolute Counties, Utah. The Service expects that Four comments, one from the BLM. terms is well established as described from time to time Glouwcarpum one from the Utah State University above. Given the rarity of suffrutescens may be the subject of Cooperative Extension Service (USU Glaucocarpum suffrutescens. its interagency consultations regarding Extension Service), one from the Uinta consequent vulnerability to even trivial such development. The Service is Basin Association of Governments, and disturbance of its habitat, and the confident that the species can be one from the agent of the private potential for that habitat disturbance, conserved and that energy development landowner whose property had been the Fish and Wildlife Service believes it with proper safeguards for the species proposed as critical habitat, stated that is appropriate to protect Glaucocarpum may also take place. The Act, through the Service has not proven that grazing suffrutescens under the Endangered the section 7 interagency consultation and building stone removal have caused Species Act despite uncertainty as to the provision is designed to address and the decline in the range and abundance reasons for its decline. resolve such conflicts between listed of Glaucocarpum suffnrtescens. Two comments, one from the BLM threatened and endangered species and The Service believes that the causes and one from the private landowner, actions that may adversely affect them. of the decline of the range and stated that oil and gas and oil shale Two comments--one written and one abundance of the Glaucocarpum are not development are not likely to be threats oral-stated that Glaucocarpum understood and probably are a complex to Glaucocarpum suffrutescens under suffrutescens is a weed common in interaction of various factors affecting current energy market conditions. The Utah. The Service disagrees; the species’ the species’ habitat and populations. Service acknowledges that apparent localized area is in the southern Uinta Observations by E.H. Graham and R.C. fact The future development of oil and Basin in Utah, and based on best current Rollins indicate that the population of gas and oil shale energy resources on knowledge it is found nowhere else in Glaucocarpum along the east flank of the habitat of Giaucocarpum the world. Big Pack Mountain was essentially suffrutescens, however, does remain a Four written comments-two from continuous on a narrow band about 20 potential threat to the species and its conservation organizations, one from a feet wide on one stratum of highly habitat. Recently portions of two professional botanist, and one from a calcareous soil for the entire distance of populations of Glaucocarpum have been private citizen-supported the proposal their initial survey (over 3 miles]. lost directly to energy development of endangered status and stated that Extrapolating from the densities activity. Private land on which the Glaucocarpum suffrutescens is a very observed by Graham and Rollins and species occur was patented from the rare, narrowly distributed species that is corroborated with recent observations public domain to private ownership highly vulnerable to habitat disturbance. 374x8 Federal Register / Vol. 52, No. 193 / Tuesday, October 8, 1987 / Rules and Regulations

Three comments--one from the State other four populations with 79 or more reasons explained below, the proposal of Utah, one from a conservation plants are partly under BLM, private, to designate critical habitat for this organization and one from a private State, or Indian tribal management, species is withdrawn. citizen-were in general agreement with while the three smallest populations are Critical Habitat the Service’s position in the proposed solely managed by one of the above rule. entities. Portions of the species habitat Critical habitat, as defined by section Additional comments relating solely are also now under lease by an oil shale 3 of the Act, means: (i) The specific to the proposed designation of critical development company. Without a areas within the geographical area habitat are noted below in the Critical concerted effort and coordinated cccupied by a species, at the time it is Habitat section of this rule. planning to provide for its conservation listed in accordance with the Act, on during any energy development that Sommary of Factors Affecting the which are found those physical or Species may take place, this monotypic genus biological features (I] essential to the could inadvertently be brought to conservation of the species and (II) that After a thorough review and extinction (England 1982). may require special management consideration of all information B. Overutilization for commercial, considerations or protection: and (ii] available, the Service has determined recreational, scientific, or educational specific areas outside the geographical that Glaucocarpum suffrutescens (toad- purposes. None ‘known. area occupied by a species at the time it flax cress) should be classified as an C. Disease orpredation. Sheep and is listed, upon a determination that such endangered species. Procedures found in cattle grazing may have had an impact areas are essential for the conservation snction 4(a](l) of the Endangered on this species historically, but, with of the species. Species Act (16 U.S.C. 1531 et seq.) and current levels of grazing management by Section 4(a)(3) of the Act requires that regulations (50 CFR Part 424) BLM, domestic livestock are not critical habitat be designated to the promulgated to implement the listing expected to further impact the species. maximum extent prudent and Irovisions of the Act were followed. A Crazing by wildlife, particularly rabbits determinable concurrently with the species may be determined to be an and wild horses, may adversely affect determination that a species is eizdangered or a threatened species due some populations of this species. endangered or threatened. Critical to one or more of the five factors D. The inadeouacv of existing drscribed in section 4(a)(l). These regulatory mecjlanil;mk.There are no habitat was proposed to be designated fclctors and their application to Federal, State, or local laws or for Glaucocarpum suffrutescens. (:laucocarpum suffrutescens (Rollins) regulations that address this species However, the Service no longer believes Rollins (toad-flax cress] are as follows: specifically or directly provide for such designation would be prudent. The A. The present or threatened protection of its habitat. The BLM is area originally proposed as critical destruction, modification, or curtailment aware of this plant and has considered habitat was quite large (over 7,999 of its habitat or range. Over the 50 years acres] in relation to the number of it in its environmental planning of the individual plants known. Several s!nce its original discovery, there has resource area on which it occurs (BLM bpen a decline in the population and 1984). No Federal agencies are under comments noted this fact and range of this species. During repeated current legal obligation for the recommended that the extent of critical fieldwork at the type locality, the most conservation of Giaucocarpum. The Act habitat be reduced or that critical recent by Karl Wright and Larry offers possibilities for additional habitat not be designated. While the England in 1987, no individuals have protection of this species through Service could designate inclusive been found (England 1982; Rollins, section 7 (interagency cooperation) and boundaries for critical habitat that Harvard University, pers. comm., 1983. section 9 (prohibiting removal and would encompass several scattered 1988). A population between the type reduction to possession of a listed plant small populations or individuals of the locality and the Little Pack Mountain from an area under Federal jurisdiction). species, it no longer finds that the entire population has been found (BLM, pers. E. Other natural or manmade factors area proposed can be supported as comm., 1987). Removal of building stone affecting its continued existence. The critical habitat. At the same time, and localized heavy grazing in a portion estimated total number of individuals of designating more narrowly focused of the species’ range are possible factors toad-flax cress that currently exist is areas surrounding individual local that may have contributed to the fewer than 3,ooO. Only 5 of the 9 populations of the species could expose extirpation of this population (England populations consist of 179 individuals or these populations to a significant risk of 1982). Current livestock grazing, as now more, and 8 consist of fewer than 39 vandalism. The proposed designation is managed by the BLM in the habitat area plants each. Only the largest therefore withdrawn because no benefit of Giaucocarpum suffrutescens, is not populations may have sufficient genetic to this species has been identified that expected to adversely affect the species. variability to provide for long-term would be provided by the designation Any grazing threat would be a adaptation to natural changes in and that would overbalance the inherent consequence of localized uncontrolled environmental conditions. risk of precisely identifying its location. use by insects, rodents, rabbits, and The Service has carefully assessed the Careful coordination with the other wi!d horses. best scientific and commercial involved Federal agencies will be no The entire range of this monotypic information available regarding the past, less feasible in the absence of genus is underlain by oil shale, which present, and future threats faced by this designated critical habitat, and will be may be mined when economic species in determining to make this rule equally effective in the conservation of conditions favor it, and by conventional final. Based on this evaluation, the the species. oil and gas deposits that have begun to preferred action is to list Glaucocarpum Available Conservation Measures be developed. The largest population is suffrutescens as endangered. With partly on Naval Oil Shale Reserve No. II fewer than 8.000 individuals known in Conservation measures provided to of the DOE and partly on the Uintah nine populations and the risk of damage species listed as endangered or and Ouray Indian Reservation, which is to the toad-flax cress and its habitat, threatened under the Endangered held in trust by the U.S. Department of endangered status seems an accurate Species Act include recognition, the Interior for the Ute Indian tribe. The assessment of the plant’s condition. For recovery actions, requirements for Federal Register / Vol. 52, No. 193 / Tuesday, October 6, 1987 / Rules and Regulations 37419 ’

Federal protection. and orohibitions implemented by 50 CFR 17.61, apply. England. J.L. 198’7. S!atus report on against certain practices. Recognition These probibitions, in part. make it G/oucocnrptrm su”rrrlescens (Rollins) Rollins- through listing encourages and results in illegal for any person subject to the Office of Endangered Species, U.S. Fish and conservation actions by Federal, State. jurisdiction of the United States to Wildlife Service. Region 6. Denver. Colorado. 39 PP. and private agencies, groups, and import or export any endangered plant. Graham. E.If. 1937. Botanical studies in the individuals. The Endangered Species transport it in interstate or foreign Uinta Basis of Utah and Colorado. Annals of Act provides for possible land commerce in the course of a commercial the Carnegie Museum 2fk1-432. acquisition and cooperation with the activity. sell or offer it for sale in Rollins. R.C. 1938. Ghcocorpum. a new States and requires that recovery interstate or foreign commerce, or to genus in the Cruciferae. Madrono 4232-235. actions be carried out for all listed remove it and reduce it to possession Shultz, L.M. and KM. hlutz. 1979. species. Such actions are initiated by the from areas under Federal jurisdiction. Threatened and Endangered Plants of the Willow Creek Drainage. Vernal District, Service following listing. The protection Certain exceptions can apply to agents Bureau of Land Management. Vernal. Utah. required of Federal agencies and the of the Service and State conservation 74 PP. prohibitions against taking are agencies. The Act and 50 CFR 17.62 and Welsh. S.L. and L.M. Chatterley. 1965. discussed, in part. below. 17.63 also provide for the issuance of Utah’s rare plants revisited. Great Basin Section 7(a) of the Act as amended, permits to carry out otherwise Naturalist 45:773-230. requires Federal agencies to evaluate prohibited activities involving their actions with respect to any species endangered species under certain Authors that is proposed or listed as endangered circumstances. No trade in The primary author of this rule is John or threatened and with respect to its Claucocarpum suffrutescens is known. L. England of the Service’s Salt Lake critical habitat if any is being It is anticipated that few trade permits City Field Office (601/524-4430 or FI?i designated. Regulations implementing would ever be sought or issued, since 566-4430). Dr. James L. Miller of the this interagency cooperation provision this species is not common in the wiId or Service’s Denver Office served as editor. of the Act are codified at 50 CFR Part in cultivation and is of no known 402. Section 7(a)(Z) requires Federal commercial interest. Requests for copies List of Subjects in 50 CFR Part 17 agencies to ensure that activities they of the regulations on plants and Endangered and threatened wildlife. authorize, fund, or carry out are not inquiries regarding them may be likely to jeopardize the continued Fish. Marine mammals, Plants addressed to the Federal Wildlife Permit (agriculture). existence of a listed species or to Office, U.S. Fish and Wildlife Service. destroy or adversely modify its critical Washington,DC 20240(703/235-1903). Regulation Promulgation habitat. If a Federal action may adversely affect a listed species or ita Natiood Environmental Policy Act Accordingly. Part 17, Subchapter B of Chapter I, Title 50 of the Code of Federal critical habitat. the responsible Federal The Fish and Wild Service has agency must enter into formal Regulations. is amended as set forth determined that an Environmental below: consul!ation with the Service. The Assessment, as defined by the National Bureau of Land Management, the Environmental Policy Act of 1969. need Department of Energy, and the Bureau of not be prepared in connection with PART 17+AMENOEDI Indian Affairs have jurisdiction over regulations adopted pursuant to section portions of the habitat of the toad-flax 1. The aulbority citation for Part 17 4[a) of the Endangered Species Act of continues to read as follows: cress. If resident and transient human 1973, as amended. A notice outlining the populations in the Uintah Basin increase Service’s reasons for this determination Authority: Pub. L. 93-205. 87 Stat. 864: Pub. as a consequence of energy L. 94-359. 90 Siat. 911: Pub. L. 95-632.92 St; 1. was published in the Federal Register on 3751: Pub. L 96-159.93 Stat. 1225; Pub. L. OY- deve!opment. these agencies may find it October 25,1963 (46 FR 49244). necessary, in order to comply with 304.96 Stat. 1411 (16 U.S.C. 1531 ef seq.). section 7, to increase regulation of References Cited 2. Amend 0 17.12fhJ by adding the activities that could have detrimental Bureau of Land hlanagement 1983. following, in alphabetical order under effects on the species. Environmental impact Statement. Uinta Basin the family Brassicaceae, to the List of The Act and its implementing Synfuels Development. Vernal, Utah. 2 Vols.. Endangered and Threatened Plants: regulations found at 50 CFR 17.61.17.62. 1.019 pp. and 17.63 set forth a series of general Bureau of Land Management. 1964. 5 17.12 En&ngwed and threatened trade prohibitions and exceptions that Environmental Impact Statement. Book Cliffs P)mb appl: to all endangered plants. All trade Resource Management Plan, Vernal. Utah. . l * . l prohibitions of section Q(a)(2] of the Act, 519 pp. (h) l l l - -

37420 Federal Register 1 Vol. 52, No. 193 I Tuesday. October 6. 1987 / Rules and Regulations

...... Bra-t l NC. MA Gk-uPmJ sLdhdeswm .---.. -.---- Toad-na aess -.... - . . .._ - . . . .._...._.__.__ U.SA (UT) __._____.._. - .._...._..__ - ___-._.__ E 283 ......

Dated: September 181987. ’ -f ..s.n-runodv SusanRecco, Acting Assistant Secretary for Fish ond Wildlife and Parks. [FFt Dot. 87-230~~ Filed 10-S-87; 8:15 am] siLumcons4s%o-6su --