19370 Federal Register / Vol. 5c), No. 89 / Wednesday, May 8, 1985 / Rules and Regulations l

.- DEPARTMENT OF THE INTERlOR to summer, but most of the reproduction The Endangered Species Act appears to be vegetative. Amendments of 1982 required that a11 Fish and Wildlife SewIce specuicoia is known only from petitions pending as of October 13,1982, sites near Inscription House Ruin on the 50 CFR Part 17 be treated as having been newly Navajo Indian Reservation in Coconino submitted on that date. The species Endangerad and Threatened Wildlife County, . The are found listed in the December 15,1980, notice of and Plan& Determination of Carcx around three shady seep-springs. The review were considered to be petitioned, Specuicola to be a Threatened Species vegetation is pinyon-juniper woodland and the deadline for a finding on those With Critical Habitat at elevations of 1,740-1,824 meters species, including Carex specuicola, (5,707-5,983 feet], with an average was October 13.1983. AGENCY: Fish and Wildlife Service, annual precipitation of approximately On October 13.1983, the petition Interior. 19.4 centimeters (7.6 inches]. Within its finding was made that listing Carex AC~ON: Final rule. habitat Carex is locally common, specuicola was warranted but precluded growing in dense clumps from the by other pending listing actions. in SUMMARY:The Service determines a rhizomes. Each population covers an accordance with section 4(b)(3)(B) (iii) , Carex specuicola. to be a area of less than 200 square meters of the Act. Such a finding requires a threatened species under the authority (2,152 square feet) along the outflow . contained in the Endangered Species recycling of the petition. pursuant to from its respective seep-spring. In 1980, section 4(b)(3)(C](i) of the Act. A Act of 1937 (Act), aa amended. Critical all plants were healthy and vigorous proposed rule published April 11,1984 habitat is being designated. This plant (Phillips et al., 1981). occurs in Coconino County, Arizona, on (49 FR 14406), constituted the next Federal actions involving Carex required finding that the petitioned the Navajo Indian Reservation. The specuicola began with Section 12 of the three known populations and their action was warranted in accordance Endangered Species Act of 1973, which with section 4(b)(3)(B)(ii) of the Act. habitat are currently threatened with directed the Secretary of the impacts from livestock grazing and Smithsonian Institution to prepare a Summary of Comments and water development. This action report on those plants considered to be Recommendations implements the protection provided by endangered, threatened, or extinct. This In the April 11,1984. proposed rule (49 the Act. report, designated as House Document FR 14408) and associated notifications, DA=% The effective date of this rule is No. 94-51. was presented to Congress on all interested parties were requested to June 7,1985. January 9.1975. On July 1.1975, the submit factual reports or information ADDRESSEeThe complete file for this Service published a notice in the Federal’ that might contribute to the development rule is available for inspection, by Register (40 FR 27823) of its acceptance of the report of the Smithsonian of a final rule. Appropriate State appointment, during normal business agencies, county governments, Federal hours at the U.S. Fish and Wildlife Institution as a petition within the agencies, scientific organizations. and Service, Region 2,509 Gold Avenue, context section 4(c)(2), now section 4(b)(3)(A), of the Act and of its intention other interested parties were contacted SW., Room 4000, Albuquerque, New and requested to comment. A Mexico. thereby to review the status of those plants. On June 10,1970. the Service newspaper notice was published in the FOR FURTHER INFORMATION CONTACTt published a proposed rule in the Federal Flagstaff, Arizona, Arizona Daily Sun on Peggy Olwell. Botanist. Region 2, Office Register (41 FR 24523) to determine May 9.1984. which invited general of Endangered Species, P.O. Box 1306, public comment. Six comments were . approximately 1,700 Albuquerque, New Mexico 87103 (5051 species to be endangered species received, one each from the U.S. Forest 7663972 or Frs 474-3972). pursuant to Section 4 of the Act. Corex Service, the Bureau of Indian Affairs SUPPLEMENTARY INFORYATIOW specuicola was included in the (BIA). the Arizona State Agriculture and Horticulture Department, the Arizona Background Smithsonian petition and the 1976 proposal. General comments received in Wildlife Federation, the International Corex specuicola is a perennial relation to the 1976 proposal were Union for Conservation of Nature and member of the family (sedge summarized in an April 26,1978, Federal Natural Resources (IUCN), and a family). This species was first collected Register publication (43 FR 7909). professional botanist at the University by J.T. Howell in 1948, and the The Endangered Species Act of Arizona. No public hearing was description was published by him in Amendments of 1978 required that all requested or held. 1949. Carex specuicola has a triangular proposals over 2 years old be None of the comments contradicted s&em25-40 centimeters (IO-16 inches) withdrawn. A l-year grace period was the Service’s findings of rarity or need of high. which extends from an elongate. given to proposals ,already over 2 years protection for Carex specuicola. Two slender rhizome (underground stem). old. In the December 10.1979. Federal commenters. the Forest Service and the The leaves are pale green, l-2 Register (44 FR 70796), the Service BIA. however, did suggest additional millimeters (.CM-.08inches] wide, 12-20 published a notice of withdrawal of the field surveys be conducted to locate centimeters (4.7-7.9 inches) long, and June l&1976, proposal, along with four more plants. The Service agrees that the clustered near the base. The flowers are other proposals that had expired. Carex discctvery of any currently unknown in 24 groups or spikes. The terminal specuicola was included as a category-l populations would be very beneficial, spike has both male and female flowers, species in a revised list of plants under but these three populations were the with the female flowers above the male review for threatened or endangered only ones located in past survey work. flowers. The lateral spikes contain only classification published in the December Three commenters, the Arizona State female flowers. The flowers are reduced 1.51980. Federal Register (45 FR 82480). Agriculture and Horticulture and not showy; they consist of small, Category 1 comprises taxa for which the Department the Forest Service, and the green-brown, scale-like parts 2-3 Service presently has sufficient Arizona Wildlife Federation, suggested millimeters (.oa.12 inches) long and l- biological information to support their fencing be used to exclude livestock 1.5 millimeters (.04-.06 inches] wide. being proposed to be listed as from the three springs where the species Flowering and fruit set occur from spring endangered or threatened species. occurs and that water for livestock then

-. _ - __ ., ., x^“.__ . .- Federal Register / Vol. 50, No. 89 / Wednesday, May 8, 1985 / Rules and Regulations 19371 - be piped outside the fenced enclosures. the Endangered Species Act (18 U.S.C. final. Based on this evaluation, the The Service finds that these measures 1531 et seq.) and regulations preferred action is to list Carex may help protect the species, and promulgated to implement the listing specuicofa as threatened with critical watering sights are now found away provisions of the Act (50 CFR Part 424) habitat. Threatened status seems from the Carex locations. The Arizona were followed. A species may be appropriate because of the restricted State Agriculture and Horticulture determined to be an endangered or distribution of the species and the small Department suggested not posting threatened species due to one or more of size of populations which. although they fenced areas or mapping plant habitat the five factors described in section are vigorous and reproducing well, are as these activities could provide locality 4(a)(l) of the Act. These factors and threatened by livestock grazing, habitat information to unscrupulous collectors. their application to Curex specuicola deterioration due to water development, Because Carex specuicola is J.T. Howell are as follows: and livestock trampling of areas around inconspicuous and not subject to A. The present or threatened water sources. Also, the only protection commercial or other trade, the Service destruction, modification, or curtailment for this species is a Navajo Tribal Law does not believe posting fenced areas or of its habitat or range. Carex specuicoia prohibiting study or collection of this mapping habitat will substantially has only been found at its original species without a permit. No other laws, increase the threats to the species. The locality around three seep-springs in the State or FederaI. provide protection to Arizona Wildlife Federation suggested a vicinity of Inscription House Ruin on the this species. monitoring system be established to Navajo Indian Reservation. This habitat critical Habitat ascertain population status, and the BIA is vulnerable to changes resulting from sugges!ed that in any monitoring system water development for livestock. Heavy Critical habitat, as defined by section the effect of erosion be considered along trampling in conjunction with livestock 3 of the Act, means: (i) the specific. areas with other factors that might jeopardize watering already occurs around two of within the geographical area occupied the species. The Service agrees the three seep-springs. An increase in by a species, at the time it is listed in monitoring will be needed to ensure the number of livestock could possibly accordance with the Act, on which are maintenance of the species. damage the Carex populations. Severe found those physical or biological The BIA described grazing and water impacts to any one of the three features (I] essential to the conservation use in the areas occupied by Carex populations would have a substantial of the species, and (II) that may require specuicola. In regard to grazing, the BIA detrimental effect a the species special management considerations or stated tliere is not record of the number (Phillips et al., 1981). protection; and (ii) specific areas outside of livestock grazing in the areas prior to 8. Overutilization for commercial, the geographical area occupied by a 1943. Carrying capacities were recreational, scientific, or educational species at the time it ts listed, upon a established in 1943 and livestock purposes. Commercial or other trade in determination that such areas are numbers have since remained constant, essential for the conservation of the being regulated by permit. Grazing this plant is not known to exist (Phillips et al., 1981). species. permits are renewed automatically but BIA action is required to cancel or C. Disease or predation. Many species Section 4(a)@) of the Act requires that modify them. With regard to water use, within the genus Carex are palatable to critical habitat be designated to the the BIA stated that two of the three livestock and wildlife. Two of the three maximum extent prudent and seep-springs with Carex specuicofa Carex sites are used as livestock water determinable ctmmmntly with the populations are presently used to water sources and grazing areas (mainIy for determination that a species is livestock At one, livestock drink water sheep), especially the one at Inscrfption endangered 01 threatened. Critical caunht in a natural basin downhill from House Ruin Spring. While not expected habitat is being &signated for Carex. the spring. At the other, a stone and an increase in grazing pressure could be specuicola to in&de the entire areas mortar diversion has been built to direct harmful to the species, and should be occupied by the three known water from the spring to a storage avoided until the grazing impact is populations of the plant The locations structure. Water from the storage thoroughly assessed (Phillips et al., are on the Navajo Indian Reservation in structure flows through a pipe to a 1981). Coconino County, Arizona. .and are 40 x livestock drinker located away from the D. The inadequacy of existing 5 meter [about 200 squan meters) area occupied by Carex specuicola. regulatory mechanisms. Care-x rectangular &eas with their long axes in These structures were built in the 1930’s. specuicoia is not protected by Federal the direction of seepspring flow, Application for any additional livestock law or the Arizona Native Plant Law. A centered on the following points: (1) water development would have to be permit is needed, however, from the latitude 36’39’53” N, longitude 110’47’18” approved by the BIA, which states that Navajo Tribe for plant study or W; (4 latitude 38’40’07” N, longitude it would review any proposal for water collection on the Reservation. 110’4755” W; and (3) latitude 38’40’18” development with protection of Carex E. Other natural or manmade factors N. longitude 110’48’15” W. The total specuicola as a priority. affecting its continued existence. The area designated comprises about 809 Neither the professional botanist at specific habitat requirements of Carex square meters (about 0.15 acres), and The University of Arizona nor the IUCN specuicofa, the limited distribution, and contains all habitat presently known to had any substantive comments on the small number of populations (3) make be occupied by the species. Constituent proposal. the existence of this species especially elements are moist sandy to silty soils at precarious in the event 6f habitat shady seep-springs within the Navajo Summary of Factors Affecting the disturbance or any activity that results Sandstone Formation (Phillips et of., Species in the loss of a significant number of 1981). After a thomugh review and individuals. Section 4(b)(8) requires, for any consideration of all information The Service has carefully assessed the proposed or final regulation that available, the Service has determined best scientific and commercial designates critical habitat, a brief that Carex specuicola should be information’available regarding the past, description and evaluation of those classified as a threatened species. present, and future threats faced by this activities (public or private) that may Procedures found at section 4(aJ(l) of species in determining to make this rule adversely modify such habitat or may 19372 Fed&al Register / Vol. 50, No. 89 1 Wednesday, May 8, 1985 / Rules and Regulations be affected by such designation. The acquisition and cooperation with the this plant is not common in cultivation activities that may potentially affect the States and requires that recovery or in the wild. critical habitat of Curex specuicolu or actions be carried out for all listed Section 9(a)(2)(B) of the Act, as be affected by its designation are spring species. Such actions are initiated by the amended in 1982, prohibits the removal development and grazing. Spring - Service following listing. The protection -. and reduction to oossessionL of development could affect the free- required of Federal agencies, and the endangered plant species from areas flowing seep-springs upon which the taking prohibitions are discussed, in llnder Federal iurisdiction. Section 4(d) species depends. Livestock trampling part, below. allows for the provision of such ’ ’ has contributed to some soil erosion on Section 7(a) of the Act, as amended, protection to threatened species through the steeper sandy soil sites at the requires Federal agencies to evaluate regulations. This new protection will Inscription House Ruin Spring site. their actions with respect to any species apply to Curex specuicolu when revised Withdrawal of the critical habitat area that is proposed or listed as endangered regulations are promulgated. Permits for from grazing (representing less than one or threatened and with respect to its exceptions to this prohibition are Animal Unit Month and no grazing fees] critical habitat. Regulations available through sections lo(a) and 4[d) or fencing may be warranted to protect implementing this interagency of the Act, until revised regulations are the critical habitat from soil erosion or cooperation provisions of the Act are promulgated to incorporate the 1962 trampling. It is not expected that use of codified at 50 CFR Part 402 and are now amendments. Proposed regula!ions the seep-spring water for livestock under revision (see proposal at 48 FR implementing this new prohibition were watering will affect or be affected by the 29990; June 29,1983). Section 7(a)(2) published on July 8.1983 (48 FR 31417). critical habitat designation because the requires Federal agencies to ensure that and it is anticipated that these will be watering sites are located away from activities they authorize, fund, or carry made final following public comment. the area where Corex specuicoJu is out are not likely to jeopardize the All three populations of Curex found. There is a coal mining operation continued existence of a listed species specuicola are on the Navajo Indian about ten miles away from the critical or to destroy or adversely modify its Reservation. It is anticipated that few habitat, but it is located in a different critical habitat. If a Federal action may collection permits for the species will geologic formation and has a different affect a listed species or its critical ever be requested. Requests for copies water source than the critical habitat’s habitat, the responsible Federal agency of the regulations on plants and water source. Small farms in the area must enter into formal consultation with inquiries regarding them may be may use excess water runoff, but are not the Service. With respect to Carex addressed to the Federal Wildlife Permit expected to affect or be affected by the specuicola, if an adverse effect Office. U.S. Fish and Wildlife Service, critical habitat designation. The BIA has pertaining to spring development is Washingt0n.D.C. 20240(703/235-1903). informed the Service that it plans to expected and BL4 funding or monitor the critical habitat of Curex authorization is involved, the BIA must National Environmental Policy Act specuicola as part of its plans to enter into consultation with the Service The Fish and Wildlife Service has develop an informal monitoring system determined that an Environmental for the resources under its jurisdiction. prior to issuance of a BIA permit. Currently, no plans for water Permits for grazing are also issued by Assessment, as defined by the National development. farm use, or additional BLA. Environmental Policy Act of 1969, need grazing permit applications are known The Act and its implementing not be prepared in connection with that would involve Federal funds or regulations found at 50 CFR 17.71 and regulations adopted pursuant to section permits for the area affected by the 17.72 set forth a series of general trade 4(a) of the Endangered Species Act of critical habitat designation. prohibitions and exceptions that apply 1973, as amended. A notice outlining the Section 4(b)(2) of the Act requires the to all threatened plant species. With Service’s reasons for this determination Service to consider economic and other respect to Curex specuicolo, all trade was published in the Federal Register on impacts of designating a particular area prohibitions of section 9(a)(2) of the Act, October 25,1983 (48 FR 49244). as critical habitat. The Service has implemented by 50 CFR 17.71, apply. Regulatory Flexibility Act and Executive considered the critical habitat These prohibitions, in part, make it Order 12291 designation in light of relevant illegal for any person subject to the additional information obtained during jurisdiction of the United States to The Department of the Interior has the pubiic comment period and import or export, transport in interstate determined that designation of critical concludes that no significant economic or foreign commerce in the course of a habitat for this species will not impacts are expected as a result of the commercial activity, or sell or offer for constitute a major action under designation and no adjustments to the sale this species in interstate or foreign Executive Order 12291 and certifies that area proposed as critical habitat are commerce. Seeds from cultivated this designation will not have a warranted. specimens of threatened plant species significant economic effect on a are exempt from these prohibitions substantial number of small entities Available Conservation Measures provided that a statement of “cultivated under the Regulatory Flexibility Act (5 Conservation measures provided to origin” appears on their containers. U.S.C. 801 et seq.). species listed as endangered or Certain exceptions can apply to agents The critical habitat designation as threatened under the Endangered of the Service and State conservation defined in the proposed rule for Curex Species Act include recognition, agencies. The Act and 50 CFR 17.72 also specuicola did not bring forth economic recovery actions, requirements for provide for the issuance of permits to or other impacts to warrant Federal protection, and prohibitions carry out otherwise prohibited activities consideration of adjusting the critical against certain practices. Recognition involving threatened species under habitat designation. The critical habitat through listing encourages and results in certain circumstances. International and area is located entirely on Indian land conservation actions by Federal, State. interstate commercial trade in Carex within the Navajo Indian reservation in and private agencies, groups, and specuicola is not known to exist. It is Coconino County, Arizona. The Navajo individuals. The Endangered Species anticipated that few trade permits Indian Tribe owns and manages the Act provides for possible land would ever be sought or issued since critical habitat area. The BIA also has Federal Register / Vol. 50, No. 89 / Wednesday, May 8, 1985 / Rules and Regulations 1937ii some permitting and management Washington, DC. 20240 (703/2%-1975 or authority over the critical habitat area. FTS 235-1975). Status information and a Based on BIA’s current management and preliminary listing package were planned monitoring of the critical provided by Dr. A.M. Phillips, Dr. B.G. habitat area, it is not expected that Phillips, L.T. Green, J. Mazzoni, and N. significant economic impacts will result Brian, Museum of Northern Arizona, from the designation of critical habitat Route 4. Box 720, Flagstaff, Arizona on the Navajo Indian Reservation. These 86001. determinations are based on a Determination of Effects that is List of Subjects in 50 CFR Part 17 available at the Regional Office, U.S. Endangered and threatened wildlife, Fish and Wildlife Service, P.O. Box 1306, Fish, Marine mammals, Plants A!buquerque. New Mexico 87103. (agriculture]. Literature Cited Regulations Promulgation Howell. j.T. 1949. Three new Arizona plants. Leaflets of Western Botany 5(9):148. PART 174AMENDEDl Phillips, A.M.. B.C. Phillips. LT. Green. 1. Accordingly, Part 17 Subchapter B of Mazzoni. and N. Brian. 1981. Status report: Carex specuicah J.T. Howell. Office of Chapter I, Title 50 of the Code of Federal Endangered Species, U.S. Fish and Wildlife Regulations, is amended as set forth Service, Albuquerque, New Mexico. 12 pp. below: 1. The authority citation for Part 17 Authors reads as follows: The authors of this final rule are Authority: Pub. L %-z&i. 87 Stat. 884; Pub. Charles McDonald and Peggy Olwell, L. 94-359.90 Stat. 911: Pub. L. 95-632. 92 Stat. Office of Endangered Species, U.S. Fish 3751; Pub. L. 9%X59,93 Stat. 122% Pub. L. 97- and Wildlife Service, Department of the 304.96 Stat.1411(1fJ U.S.C.1531etseq.). Interior, P.O. Box 1308. Albuquerque, Z. Amend 0 17.12(h) by adding the New Mexico 87103 (505/76&3972 or FE following, in alphabetical order under 474-3972). The editor was E LaVerne the family Cyperaceae. to the List of Smith, Office of Endangered Species, Endangered and Threatened Plants:

$17.12 Endangered and threatened plants.

l l . . * .

. (h) * * l

3. Amend 3 17.96(a) by adding the with its long axis in the direction of seep- critical habitat of Corex specuicoia as spring flow, around each of the following follows: The position of this entry under points: (1) Latitude 38%X1” N, longitude $17.96(a) will follow the same sequence 110'47'18" W: (2) latitude 36”40’07” N. as the species occurs in 4 17.12. longitude 110'47'55" W; and (3) latitude 38’40’18” N. longitude 110'48'15" W. Primary 5 17.96 Critical habitat-plants constituent elements include moist sandy to

[a) * l l silty soils at shady seep-springs within the l l c f * l Fornktion. Cyperaceae---Corey s,.32~ico?a Arizona: Cor~lno County: Navajo tndian Reservatinn. A %l x 5 meter rectangular area, Federal Register.1 Vol. 50. No. 89 I Wednesday, May 8, 1985 1 Rules and Regulations

CAREX 8PBcUICOLA -xonwo counr. Arnocu

i IIAVAJO

. . l t l Dated: March 25.1985. j. Craig Potter, Assistant Secretary for Fish and Wildlife and Parks. [FR Dot. 85-1K~~7 Filed S-7-85: 8:45 am] BILLING COOE: 431~554 --