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* * * * * review in response to this petition. be warranted’’ (50 CFR 424.14(b)). If we Dated: December 6, 2006. Through this action, we encourage all find that substantial information was David M. Verhey, interested parties to provide us presented, we are required to promptly information regarding the status of, and commence a status review of the Assistant Secretary for Fish and Wildlife and species. Parks. any potential threats to, this species. In making these findings, we relied on [FR Doc. 06–9656 Filed 12–13–06; 8:45 am] DATES: The findings announced in this document were made on December 14, information provided by the petitioners BILLING CODE 4310–55–C 2006. Comments and information must and evaluated that information in be submitted on or before February 12, accordance with 50 CFR 424.14(b). Our 2007. 90-day finding process under section DEPARTMENT OF THE INTERIOR 4(b)(3)(A) of the Act and section ADDRESSES: If you wish to comment, 424.14(b) of the regulations is limited to Fish and Wildlife Service you may submit your comments and a determination of whether the materials by any one of the following information in the petition meets the 50 CFR Part 17 methods: (1) You may mail or hand-deliver ‘‘substantial information’’ threshold. On October 11, 1979, we listed Endangered and Threatened Wildlife written comments and information to glaucus as a threatened and ; 90-Day Finding on a Field Supervisor, Ecological species (44 FR 58868) based on threats Petition To Remove the Services Office, U.S. Fish and Wildlife from overcollection for horticultural Hookless From the List of Service, 2369 West Orton Circle, Suite Endangered and Threatened Plants; purposes, energy development 50, West Valley City, Utah 84119. (including oil, gas, and potential oil- 90-Day Finding on a Petition To List (2) You may submit your comments shale development), grazing, off-road the Pariette Cactus as Threatened or by electronic mail (e-mail) to vehicle (ORV) use, and water Endangered [email protected]. For development (44 FR 58869). A recovery directions on how to submit comments AGENCY: Fish and Wildlife Service, plan for the species was finalized on by e-mail, see the ‘‘Public Comments Interior. September 27, 1990. Revisions in the Solicited’’ section of this notice. In the ACTION: Notice of two 90-day petition of S. glaucus began in 1989 event that our Internet connection is not findings and initiation of 5-year review. (Hochstatter 1989, 1993; Heil and Porter functional, please submit your 1994; Porter et al. 2000; Welsh et al. SUMMARY: We, the U.S. Fish and comments by mail, hand-delivery, or 2003), and by 2004, the Flora of North Wildlife Service (Service), announce fax. America recognized the S. glaucus (3) You may fax your comments to two 90-day findings made under the that we listed in 1979 as three distinct Act of 1973, as (801) 975–3331. species: S. glaucus, S. wetlandicus, and amended (Act). One finding concerns a FOR FURTHER INFORMATION CONTACT: S. brevispinus. petition to remove Uinta Basin hookless Larry England, U.S. Fish and Wildlife In our February 28, 1996, Candidate cactus () from the Service, 2369 West Orton Circle, Suite Notice of Review (CNOR) (61 FR 7596), List of Endangered and Threatened 50, West Valley City, Utah 84119 we included as Plants, and the other a petition to list (telephone 801–975–3330; fax 801–975– a candidate species. Retraction of S. Pariette cactus (Sclerocactus 3331; e-mail [email protected]). brevispinus as a candidate species brevispinus) as a threatened or Additional information is available at occurred in our September 19, 1997, endangered plant. Until recently, these http://mountain-prairie.fws.gov/species/ CNOR (62 FR 49401) with the following species were considered one taxonomic plants/threecacti/index.htm. justification: ‘‘Because S. brevispinus entity, so the petitions are being SUPPLEMENTARY INFORMATION: was a part of S. glaucus when the latter considered concurrently in this notice. species was listed as threatened, those We find the petition to remove Background plants now referred to as S. brevispinus Sclerocactus glaucus from the List of Section 4(b)(3)(A) of the Act (16 are still considered to be listed as Endangered and Threatened Plants does U.S.C. 1531 et seq.) requires that we threatened. Therefore, including S. not present substantial information make a finding on whether a petition to brevispinus as a candidate in the 1996 indicating that the petitioned action list, delist, or reclassify a species notice of review was inappropriate and may be warranted, and we are not presents substantial scientific or unnecessary. To address the recent initiating a further status review in commercial information to indicate that change in taxonomy, a proposed rule to response to this petition. However, in the petitioned action may be warranted. add S. brevispinus to the List of order to determine the appropriate We are to base this finding on Endangered and Threatened Plants will status of S. glaucus given recent information provided in the petition, be published in the Federal Register at taxonomic revisions to this species, we supporting information submitted with a later time.’’ are initiating a 5-year review under the petition, and information otherwise On February 3, 1997, we received a section 4(c)(2)(A) of the Act. Through available in our files at the time we petition from the National Wilderness this action, we encourage all interested make the determination. To the Institute to remove Sclerocactus glaucus parties to provide us information maximum extent practicable, we are to from the List of Endangered and regarding the status of, and any make this finding within 90 days of our Threatened Plants on the basis of potential threats to, this species as it receipt of the petition, and publish our ‘‘original data error,’’ but higher priority was originally listed (i.e., information notice of this finding promptly in the actions have precluded addressing this pertaining to S. glaucus, S. brevispinus, Federal Register. petition to date. On April 18, 2005, the and S. wetlandicus). Our standard for substantial Center for Native Ecosystems and the We find the petition to list information with regard to a 90-day Utah Native Plant Society petitioned us Sclerocactus brevispinus presents petition finding is ‘‘that amount of to designate S. brevispinus as threatened substantial information indicating that information that would lead a or endangered and to designate critical the petitioned action may be warranted, reasonable person to believe that the habitat. On October 10, 2005, the same and we are initiating a further status measure proposed in the petition may parties filed a complaint in the U.S.

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District Court for the District of Sclerocactus glaucus and (Heil and Porter 1993, pp. 29, 45; alleging that we were in are Service 1990, p. 4; CNHI 2006, p. 2; violation of the Act because we had represented by small ball or barrel- UNHI 2006). The population of S. failed to complete a 90-day finding on shaped cacti usually with straight (i.e., brevispinus is currently estimated at their petition. In order to settle the case, hookless) central spines, solitary, ovoid 3,795 individuals (BLM 1985). Recovery we agreed to submit to the Federal to nearly globular succulent stems criteria for S. glaucus (which includes Register a completed 90-day finding by approximately 4 to 18 centimeters (cm) all three cactus species) include a total December 8, 2006, and to complete, if (1.5 to 7 inches (in.)) tall (exceptional population of 30,000 individuals in 6 applicable, a 12-month finding by plants 30 cm (12 in.) tall), and generally separate populations of at least 2,000 September 14, 2007. pinkish flowers. Flowering occurs from individuals each with formal April to May and fruiting occurs from management designations protecting the Species Information May to June. The fruit is barrel-shaped, habitat for at least 4 of these populations Recent genetic studies (Porter et al. 0.8 to 1.3 cm (0.3 to 0.5 in.) long, and over the long term. To date these criteria 2000, pp. 14, 16), common garden about 0.8 cm (0.3 in.) in diameter. have not been met. experiments (Hochstatter 1993, pp. 94, Sclerocactus brevispinus has 98, 100; Welsh et al. 2003, p. 79), and succulent unbranched stems usually 2.5 Threats Analysis a reevaluation of the morphological to 8 cm (1.0 to 3.1 in.) tall that vary from Section 4 of the Act and its characteristics of Sclerocactus glaucus depressed spheric to shortened implementing regulations (50 CFR part (Heil and Porter 2004, pp. 200–201; cylindrical in shape, and its flowers 424) set forth procedures for adding Hochstatter 1993, pp. 91, 95, 99) have have a broad, brownish midstripe and species to, or removing species from, the led to a reclassification of this species. pink to purple margins. The fruit is Federal List of Endangered and The recently published Flora of North shortened, barrel-shaped, reddish or Threatened Wildlife and Plants. A America (Heil and Porter 2004, pp. 197– reddish grey when ripe, 0.7 to 1.2 cm species may be determined to be an 207) now recognizes 15 species in the (0.3 to 0.5 in.) wide, and 0.9 to 2.5 cm endangered or threatened species due to genus Sclerocactus, including S. (0.4 to 1.0 in.) long. More complete one or more of the five factors described glaucus, S. brevispinus, and S. species descriptions can be found in in section 4(a)(1) of the Act: (A) Present wetlandicus, which collectively were Heil and Porter (1994, pp. 25–27) and or threatened destruction, modification, recognized as S. glaucus when the Hochstatter (1993, pp. 91, 95, and 99). or curtailment of habitat or range; (B) species was listed in 1979 (44 FR The currently known distribution of overutilization for commercial, 58868). Of importance is the description the three cactus species includes recreational, scientific, or educational of S. wetlandicus (Hochstatter 1993, pp. Federal, State, Tribal, and private lands purposes; (C) disease or predation; (D) 91–92), which now comprises the bulk in Uintah, Duchesne, and Carbon inadequacy of existing regulatory of the former S. glaucus range in Utah. Counties, Utah, and in Mesa, Delta, mechanisms; or (E) other natural or The current S. glaucus species is Garfield, and Montrose Counties, manmade factors affecting its continued endemic to western Colorado, and S. Colorado. Eight populations were existence. In making our findings, we brevispinus (the third species formerly known to occur in a five-county area in evaluated whether threats to the recognized as S. glaucus) is a western Colorado and eastern Utah Sclerocactus glaucus complex, as they morphologically unique species that when the species was listed in 1979 (44 were presented in the National occurs in the Pariette Draw drainage in FR 58869, October 11, 1979). Two small Wilderness Institute’s petition, and in the central Uinta Basin, Utah. This outlier populations near Gateway, relation to other information available cactus is much smaller than either S. Colorado, and Bonanza, Utah, have in our files at the time of the petition wetlandicus or S. glaucus, retaining the since been identified (Heil and Porter reviews, may pose a concern with vegetative characteristics of juvenile S. 1993, pp. 18–45; Colorado Natural respect to the species’ survival. We wetlandicus individuals in adult Heritage Inventory (CNHI) 2006, pp. 2– further evaluate threats to S. brevispinus flowering plants. In 1979, when the 3; Utah Natural Heritage Inventory as presented in the petition filed by the species was listed, these smaller (UNHI) 2006, pp. 2–3). Ninety percent Center for Native Ecosystems and the individuals were thought to represent of the total population of the three Utah Native Plant Society in a separate only ecotypic variations of S. glaucus. S. species occurs on Bureau of Land section following our finding on the S. brevispinus has been named S. Management (BLM) lands, and the glaucus complex. wetlandicus var. ilseae (Hochstatter remaining 10 percent is located on State Uinta Basin Hookless Cactus (the 1993, pp. 95–97), S. whipplei var. ilseae of Utah and private lands (44 FR 58869, Sclerocactus glaucus complex) (Welsh et al. 2003, p. 79), and S. October 11, 1979). brevispinus (Heil and Porter 1994, p. S. glaucus and S. wetlandicus are The National Wilderness Institute’s 26), but is referred to herein as S. generally found on coarse soils derived petition to remove the Sclerocactus brevispinus. from cobble and gravel river and stream glaucus complex from the Federal List Our review of information presented terrace deposits, or rocky surfaces on of Endangered and Threatened Plants in the petition to remove Sclerocactus mesa slopes at 1,350 to 1,900 meters (m) cited our December 1990 Report to glaucus from the List of Endangered and (4,400 to 6,200 feet (ft)) in elevation Congress that stated, ‘‘[P]opulation and Threatened Plants is specific to the (Heil and Porter 1993, pp. 14–16; Heil habitat inventories have identified a taxonomy of the species at the time of and Porter 1994, pp. 25–26; Service greater abundance, range distribution, listing, which included S. glaucus, S. 1990, p. 7; Rechel et al. 1999, p. 2). S. and additional populations of this wetlandicus, and S. brevispinus as one brevispinus grows on fine soils in clay species than originally known. species. We refer to these three species badlands derived from the Uinta Evaluation will be undertaken to as the S. glaucus complex in our review formation (Service 1990, p. 7). consider delisting.’’ The petition further of the information presented in that Population estimates for the three states that ‘‘information already in the petition. Our review of the information species have been variously reported possession of the USFWS demonstrates presented in the petition to list S. between approximately 4,872 and * * * [that] there is not a justifiable brevispinus as threatened or endangered 10,000 individuals in Colorado, and basis for inclusion of this plant’’ on the refers specifically to that species. 10,000 and 16,828 individuals in Utah List of Endangered and Threatened

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Plants and suggests that we should indicating that the petitioned action prepare a 5-year review of the delist the S. glaucus complex due to may be warranted. Sclerocactus glaucus complex and original data error. The petition opening of a 60-day comment period E. Other Natural or Manmade Factors provided no information about the (see DATES). We encourage interested Affecting Its Continued Existence status or threats to the species. parties to provide comments on any or Information in our files substantiates The petition did not provide any all of the species included in the S. our description of the S. glaucus information or list any threats to the glaucus complex (S. glaucus, S. complex at the time of the listing in Sclerocactus glaucus complex that may brevispinus, and S. wetlandicus) to the 1979. In addition, the threats identified result from other natural or manmade Field Supervisor, Utah Ecological in the 1979 listing rule remain relevant factors. Our final listing rule did not Services Office (see ADDRESSES). to this species complex. Therefore, the identify any natural or manmade factors Pariette Cactus (Sclerocactus petition fails to present evidence to affecting the species other than those brevispinus) support the allegation of data error. discussed above (44 FR 58869, October 11, 1979. A. The Present or Threatened The Center for Native Ecosystems’ Destruction, Modification, or Finding petition provided a summary of the distribution, status, and trends of Curtailment of Its Habitat or Range We have reviewed the information provided in the National Wilderness Sclerocactus brevispinus and cited The petition did not provide any limited distribution, minimal information or list any habitat-related Institute’s petition. The information was very sparse. The petition relied solely monitoring, negative population trends, threats to the Sclerocactus glaucus impacts to pollinators, drought, and complex. Nor did it provide any on a Service budget document from 1993 that listed the Uinta Basin habitat disturbance as examples of information that the threats have been threats affecting the species. The successfully addressed such that they hookless cactus as a candidate for delisting. After this review and petition described S. brevispinus as ‘‘a are no longer affecting the status of the narrow endemic occurring in a series of species. Neither did the petition provide evaluation, we find the petition does not present substantial scientific small scattered populations in badlands any evidence that the species is near Myton, Utah’’ (Heil and Porter recovered. Based on the petition and information to indicate that removing the S. glaucus complex from the Federal 1994, p. 26) occupying an area information available in our files for this approximately 16 kilometers (km) (10 factor, we find that the petition does not List of Endangered and Threatened Plants may be warranted at this time. miles (mi)) long and 5 km (3 mi) wide present substantial information astride the Duchesne and Uintah County indicating that the petitioned action 5-Year Review line. The petition identified a may be warranted. Although we will not conduct a status population size of 3,795 individuals in B. Overutilization for Commercial, review in response to the National 1985 (BLM 1985, p. 4; Heil and Porter Recreational, Scientific, or Educational Wilderness Institute’s petition, we 1995, p. 45). Long-term or recent status Purposes acknowledge that a review of the or trend data for S. brevispinus was not provided. The petition did not provide any Sclerocactus glaucus complex (S. information or list any threats to the glaucus, S. brevispinus, and S. A. The Present or Threatened Sclerocactus glaucus complex from wetlandicus) is necessary at this time to Destruction, Modification, or overutilization for commercial, address the taxonomic revisions that Curtailment of Its Habitat or Range recreational, scientific, or educational have occurred since the species was The petition asserted that ongoing oil purposes. Nor did it provide any listed. As such, we are initiating a 5- and gas development threatens the documentation that the species is no year review of the S. glaucus complex species. According to the petition, over longer facing threats in this area. Based under section 4(c)(2)(A) of the Act. 90 percent of the species’ habitat occurs on the petition and information Based on this 5-year review, we will in active oil and gas fields, and available in our files for this factor, we determine whether or not any of the Sclerocactus brevispinus individuals find that the petition does not present species included in the Sclerocactus and habitat have been lost to oil and gas substantial information indicating that glaucus complex should be removed development. The petition provides the petitioned action may be warranted. from the list (i.e., delisted) or otherwise reclassified. Delisting or reclassifying a examples of habitat and individual C. Disease and Predation species must be supported by the best plant loss by citing the BLM Draft The petition did not provide any scientific and commercial data available Environmental Impact Statement (EIS) information or list any threats to the and we will only consider delisting a for the Castle Peak/Eightmile Flat Sclerocactus glaucus complex from species if such data substantiate that the project (BLM 2004, pp. 4.1–4.26), disease or predation. Our final listing species is neither endangered nor including the complete loss of 172.4 rule concluded that disease and threatened for one or more of the hectares (ha) (462 acres (ac)) of occupied predation were not factors impacting the following reasons: (1) The species is S. brevispinus habitat (5.6 percent of extinction probability of the S. glaucus considered extinct; (2) the species is total suitable habitat) and 926 ha (2,288 complex (44 FR 58869, October 11, considered to be recovered; or (3) the ac) of unsurveyed potential suitable 1979). original data available when the species habitat (30 percent of total suitable was listed, or the interpretation of such habitat) to date. D. The Inadequacy of Existing data, were in error. Any change in The Service now has the Final EIS for Regulatory Mechanisms Federal classification would require a the Castle Peak/Eightmile Flat project in The petition did not provide any separate rulemaking process. our files (BLM 2005a). The following information regarding the adequacy of Our regulations at 50 CFR 424.21 discussion results from our analysis of regulatory mechanisms to protect the S. require that we publish a notice in the information in the Final EIS and global glaucus complex should it be delisted. Federal Register announcing those information system (GIS) data (Service We find that the petition does not species currently under review. This 2006) where it corresponds to Draft EIS present substantial information notice announces our intention to information identified in the petition.

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The total range of Sclerocactus wells, pipelines, and roads would monitoring of impacts associated with brevispinus comprises approximately facilitate proliferation of noxious weeds oil and gas development. Results are 5,733 ha (14,166 ac) (Service 2006) (BLM 2005a, pp. 5–18). Noxious weeds preliminary, given that the study was within which suitable habitat is can negatively change the ecological initiated in 2005. However, initial scattered in naturally occurring mosaics characteristics of hookless cactus habitat results show potential impacts from oil (BLM 2005b, pp. 3–30). Of the species’ (BLM 2005b, pp. 3–35). and gas development (e.g., roads, well total range, 91 percent (5,209 ha/12,871 Rehabilitation of soils and vegetation pads) to the survival and reproduction ac) occurs within the approved Castle following surface disturbance is success of S. brevispinus (Ulloa 2006). Peak/Eightmile Flat project area and the expected to be difficult; approximately For example, in 2005 monitoring, pending Gasco Uinta Basin Natural Gas 73 percent of soils in the Castle Peak/ survival of S. brevispinus in plots Field Development project (Service Eightmile Flat project area have impacted by roads associated with 2006; 71 FR 7059, Feburary 10, 2006). moderate to high re-vegetation energy development was 17 percent The remaining 848 ha (2,095 ac) of S. constraints (BLM 2005a, pp. 4.2–4.11). compared to 47 percent survival for brevispinus’ range contains wells drilled The Castle Peak/Eightmile Flat project plots not associated with roads. Twenty- in the Sand Wash and Greater Boundary EIS (BLM 2005a, pp. 4.2–4.12, 4.3–4.7) two percent of cacti successfully Units (Service 2006). The BLM estimates that successful re-vegetation reproduced on plots not impacted by administers 4,649 ha (11,488 ac) (81 would be expected to occur over the roads while 13.8 percent reproduced at percent) of the species’ range (Service long term (up to 50 years) in desert plots adjacent to roads. More 2006). Expansion of the Castle Peak/ shrub and sagebrush communities. information is needed to determine if Eightmile Flat oil and gas field overlaps Drought conditions could further extend these effects are the result of energy much of the remaining suitable habitat the recovery period, and noxious weeds development or other environmental for S. brevispinus by doubling the would persist regardless of control factors (Ulloa 2006). number of wells and the amount of efforts (BLM 2005a, pp. 4.3–4.7). The petition states that continued surface disturbance in cactus habitat Conservation measures are developed infilling of additional oil and gas wells (BLM 2005a, pp. 4.2–4.14). The analysis and implemented for oil and gas and supporting road and pipeline in the BLM Biological Assessment (BLM projects to minimize effects to facilities will further impact the species’ 2005b, pp. 3–31) assumed 6,659 ha Sclerocactus brevispinus by surveying population. We have documented the (16,454 ac) of potential suitable S. for, and avoiding or minimizing the loss direct loss of S. brevispinus individuals brevispinus habitat would be affected. of, individual cacti (BLM 2005a, pp. 2– to oil field development activities For the purpose of evaluating 23). These measures include including mechanical disturbance of information presented in the petition, preconstruction cactus surveys and occupied habitat with the loss of we reviewed GIS data of known well application of avoidance buffers. For individual plants and sedimentation activity within the range of Sclerocactus example, BLM administers the 4,719 ha from roads and well pads burying other brevispinus (Utah 2006; Service 2006). (11,660 ac) Pariette Wetlands Area of individuals. These losses have occurred That information shows that all known Critical Environmental Concern (ACEC), despite conservation efforts S. brevispinus individuals are within which emphasizes protection of S. implemented by BLM and the oil field 300 m (984 ft) of a well, and 96 percent brevispinus. Approximately 1,450 ha operator (Newfield, Inc.). The proximity of the species’ range is within 400 m (3,584 ac) of the ACEC occur within the of the species occupied habitat and oil (1,312 ft) of a well. Additional wells and range of S. brevispinus. The EIS Record field development features to each other facilities are anticipated based on of Decision defers approval of new wells requires an ongoing vigilant effort by the pending oil and gas development and ancillary facilities located on BLM- BLM and the oilfield operators to projects. administered land within the Pariette conserve this species. The petition notes that indirect effects Wetlands ACEC until a comprehensive We have no information in our files to Sclerocactus brevispinus from these population survey has been completed that contradicts the assertions made in development activities include soil for S. brevispinus; however, it does not the petition for this factor; information compaction, increased road access, preclude long-term development (70 FR supports the petitioner’s claims. As the increased ORV use, increased surface 61301, October 21, 2005). Citing valid petition demonstrates, energy disturbance, and habitat fragmentation existing lease rights, and current development is occurring in (BLM 2005b, pp. 3–35; BLM 2005a, pp. management prescriptions included in Sclerocactus brevispinus habitat at a 5–18). Increased road access can result the Diamond Mountain Resource rate much greater than existed at the in increased illegal collection of the Management Plan, the EIS Record of time of the original S. glaucus complex species, resulting in direct loss of Decision did not stipulate a blanket ‘‘no listing in 1979. Therefore, we find that individual plants (BLM 2005b, pp. 3– surface occupancy’’ requirement for oil the petition, supporting information, 35). Roads also increase sediment and gas development within the Pariette and information readily available in our deposition on cacti, which has been Wetlands ACEC or within the range of files for this factor, presents substantial documented to result in the mortality of S. brevispinus (BLM 2005a, p. 5). information indicating that the mature plants (BLM 2004, pp. 4.1–4.28; Following cactus surveys, development petitioned action may be warranted. BLM 2005b, pp. 3–36), and increase could occur within the ACEC. habitat fragmentation (BLM 2005b, pp. Regardless of conservation efforts, B. Overutilization for Commercial, 3–34 to 3–35). As well field road density adverse indirect effects are still Recreational, Scientific, or Educational increases within cactus habitat areas, expected due to the loss and Purposes cactus populations become more fragmentation of suitable habitat (BLM The petition references our original physically isolated from each other 2005a, pp. 5–18; BLM 2005b, pp. 3–35). listing rule for the Sclerocactus glaucus (BLM 2005b, pp. 3–36). The petition questioned the adequacy complex, which stated that ‘‘the cactus Increased ORV use would likely result of available monitoring to evaluate * * * has been and will continue to be in crushing of cacti, and increased population status or threats. Information a particular prize among collectors and erosion, soil compaction, and in Service files indicates that BLM has therefore is very threatened by sedimentation (BLM 2005b, pp. 3–35). initiated monitoring of Sclerocactus unregulated commercial trade’’ (44 FR Increased surface disturbance from brevispinus populations, including 58868, October 11, 1979). The petition

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further supports this claim by providing then effects of proposed actions would indicates that the Pariette Wetlands information regarding illegal collecting be evaluated at a more appropriate ACEC includes a goal to ‘‘enhance and from Welsh (2004), Heil and Porter scale. For example, if a project impacts protect the wetlands community and (1999), and BLM (2004). In addition, the 3,500 plants (last population count for associated habitat adjacent to Pariette Castle Peak/Eightmile Flat EIS, as noted S. brevispinus; Nitschke-Sinclair 1985, and Castle Peak Washes * * * while in the petition, recognizes that p. 3) out of a total 10,000 plants (i.e., the meeting the management objectives of additional energy development and S. glaucus complex as currently listed; the final recovery plans for the special ensuing road development would result 44 FR 58869, October 11, 1979), that status species associated with the area’’ in increased potential for illegal project impacts 30 percent of the total (BLM 1994, pp. 3–20). The ACEC collecting (BLM 2005a, pp. 4.1–4.26). population. However, if the same management prescriptions also state We have information in our files that project occurs entirely within S. that BLM will authorize no action in verifies the assertions made in the brevispinus habitat, it would impact suitable habitat for threatened and petition for this factor. As the petition almost 100 percent of the total endangered species if it jeopardizes the demonstrates, illegal collecting population. Absent successful continued existence of the species or continues to occur and may increase as implementation of appropriate result in severe modification of the new roads are developed to support conservation measures, a project with habitat. Of the 4,719 ha (11,660 ac) of energy projects. Therefore, we find that 100 percent overlay of a species’ federally managed lands in the ACEC, the petition, supporting information, distribution would have more severe about 8 ha (20 acres) are open with and information readily available in our effects to the long-term existence of that standard lease terms and conditions for files for this factor, presents substantial population than a project with more leasable minerals, 3,189 ha (7,880 ac) information indicating that the limited impacts to a smaller portion of are leased with stipulations, and 1,497 petitioned action may be warranted. a species’ range. ha (3,700 ac) are leased with highly However, according to information in C. Disease or Predation restricted measures, but do not include our files Sclerocactus brevispinus a ‘‘no surface occupancy’’ stipulation. The petition identifies parasitism by conservation is being addressed, to the Information in Service files indicates what appeared to be a grub infestation extent possible under section 7 of the there are sufficient Federal regulations in one study plot of a larger monitoring Act, through its current status under the that offer protections to S. brevispinus, effort and referenced a 1990 Service umbrella of the S. glaucus complex. even though there are no State report that stated that ‘‘termite and Although the jeopardy threshold may be regulations addressing plant resources. larvae have been observed to different, we have no information Therefore, based on the information parasitize the roots and stems of indicating whether a new threshold presented in the petition and available Sclerocactus glaucus.’’ However, would provide greater protections to the in our files for this factor, we find that information provided in the petition is species. In any case, appropriate the petition does not present substantial not conclusive, and the significance of conservation measures would be the information indicating that the threats parasitism on the species’ survival is not same, and given additional regulations identified under this factor are known. available to BLM now, which were not significant, and the petitioned action is The petition also suggests that available at the time of listing, there is not warranted based on this factor predation may affect Sclerocactus no indication or information available to alone. brevispinus, but it also recognizes that suggest these provisions are not E. Other Natural or Manmade Factors there is no information to indicate the sufficient to protect the species. extent of the possible effects. Based on BLM also maintains Sclerocactus Affecting Its Continued Existence the information presented in the brevispinus as a sensitive species. The petitioners identified drought, petition and available in our files for Information from Service files indicates genetic swamping of Sclerocactus this factor, we find that the petition that the recently completed formal brevispinus by S. wetlandicus, small does not present substantial information interagency consultation and Final EIS population size, pollination problems, indicating that the petitioned action (BLM 2005) for the Castle Peak/ and climate change as additional threats may be warranted based on this factor Eightmile Flat project provided specific facing S. brevispinus. Potential threats alone. conservation measures to protect S. from severe drought are well brevispinus and its habitat (Service documented (Service 1990, p. 11; BLM D. The Inadequacy of Existing 2005, pp. 4–7, 42–44). For example, 2005). However, the threat to S. Regulatory Mechanisms BLM and Newfield, Inc., have agreed to brevispinus by genetic swamping from The petition states that Sclerocactus a moratorium on new oil field S. wetlandicus is a natural evolutionary brevispinus is not adequately protected developments within the Pariette process postulated by Heil and Porter by the S. glaucus complex listing, that Wetlands ACEC (which contains (2004, p. 199) and as such may take BLM regulations do not adequately approximately 1,249 ha (3,086 ac) of the numerous generations and perhaps protect the species, and that there are no S. brevispinus range, or 22 percent) thousands of years to fully manifest State regulations that apply. Regarding until a complete reinventory of S. itself. protections provided by the S. glaucus brevispinus is completed. This Information in our files indicates that complex listing, the petition states that inventory is tentatively scheduled for the species’ inherent vulnerability due S. brevispinus is not adequately the species’ flowering period in spring to its small population size may be a protected because evaluation of effects 2007 (Gerbig 2006). significant concern (Ellestrand and to S. brevispinus, developed through BLM policy (BLM 2001, p. 6) Ellam 1993, p. 228). However, there is interagency consultations under section regarding federally listed species no information to indicate that the 7 of the Act, are muted by the fact that includes measures to implement species’ range and population numbers this species is listed as part of a much management plans and programs that have been significantly larger than at larger taxonomic entity. The petition will conserve listed species and their present, although recent losses from oil concludes that if S. brevispinus were habitats and implement conservation and gas development and illegal listed as its own species, in accordance recommendations included in biological collection are known. The specifics of with current taxonomic understanding, opinions. Information in our files the species’ pollination biology are not

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known, and the specific impacts of expeditious progress to list or delist your e-mail message. If you do not climate change on Sclerocactus qualified species. The 12-month finding receive a confirmation from the system brevispinus are not known. Small is based on a status review that is that we have received your e-mail population size and fragmentation, in initiated by a positive 90-day finding. message, please submit your comments combination with other natural factors At this time, we are opening a 60-day in writing using one of the alternate such as limitations of the cacti’s comment period (see DATES) to allow methods provided in the ADDRESSES pollinator’s range, may be impacting all interested parties an opportunity to section. reproductive success. While the petition provide information on the status of S. raises some interesting issues with brevispinus and on the 5-year review for References Cited respect to this factor, there is the entire Sclerocactus glaucus complex A complete list of all references cited insufficient information to conclude (including S. glaucus, S. wetlandicus, herein is available, upon request, from that listing may be warranted based on and S. brevispinus), including potential the Utah Fish and Wildlife Service this factor alone. threats to these cacti. We will base our Office (see ADDRESSES). 12-month finding, and our 5-year review Finding (as discussed previously), on a review of Author We have reviewed the petition and the best scientific and commercial The primary author of this document literature cited in the petition and information available, including the is Larry England, Botanist, Utah evaluated that information in relation to studies cited in this notice and all such Ecological Services Office, U.S. Fish and other pertinent literature and information received during the public Wildlife Service (see ADDRESSES). information available in our files. After comment period. Information regarding this review and evaluation, we find that the following topics would be Authority the petition presents substantial particularly useful: (1) Species biology, The authority for this action is section information indicating that listing including but not limited to population 4 of the Endangered Species Act of Sclerocactus brevispinus may be trends, distribution, abundance, 1973, as amended (16 U.S.C. 1531 et warranted. The petition provides demographics, genetics, and taxonomy, seq.). substantial information supporting the including any evaluations or reviews of Dated: December 7, 2006. present and threatened destruction of the studies cited in this notice; (2) Kenneth Stansell, the species’ habitat from direct and habitat conditions, including but not indirect effects associated with energy limited to amount, distribution, and Acting Director, Fish and Wildlife Service development across more than 90 suitability; (3) conservation measures [FR Doc. E6–21259 Filed 12–13–06; 8:45 am] percent of the species’ range. Illegal and that have been implemented that benefit BILLING CODE 4310–55–P unauthorized overcollection of the the species; (4) threat status and trends; species for horticultural purposes also and (5) other new information or data. was identified in the petition and is When our 12-month status review, DEPARTMENT OF COMMERCE and 5-year review, processes have been verified by information in our files. As National Oceanic and Atmospheric completed, our practice is to make such, we are initiating a further status Administration review of S. brevispinus to determine comments, including names and home addresses of respondents, available for whether listing the species under the 50 CFR Part 622 Act may be warranted. public review during regular business We also have reviewed the available hours. Individual respondents may [Docket No. 061121304–6304–01; I.D. information to determine if the existing request that we withhold their names, 112006B] and foreseeable threats pose an home addresses, or other personal RIN 0648–AT87 emergency to this species. We have information, but if you wish us to determined that an emergency listing is consider withholding this information, Fisheries of the Caribbean, Gulf of not warranted at this time because the you must state this prominently at the Mexico, and South Atlantic; Reef Fish species receives current protection beginning of your comments. In Fishery of the Gulf of Mexico; Gulf Red under the Act by its inclusion within addition, you must present a rationale Snapper Management Measures the currently listed Sclerocactus glaucus for withholding this information. This complex. rationale must demonstrate that AGENCY: National Marine Fisheries The petitioners also request that we disclosure would constitute a clearly Service (NMFS), National Oceanic and designate critical habitat for this unwarranted invasion of privacy. Atmospheric Administration (NOAA), species. We always consider the need Unsupported assertions will not meet Commerce. for critical habitat designation when this burden. In the absence of ACTION: Proposed temporary rule; listing species. If we determine in our exceptional, documentable request for comments. 12-month finding that listing circumstances, this information will be Sclerocactus brevispinus is warranted, released. We will always make SUMMARY: This proposed rule would we will address the designation of submissions from organizations or implement interim measures to reduce critical habitat at the time of the businesses, and from individuals overfishing of Gulf red snapper. This proposed rulemaking. identifying themselves as proposed rule would reduce the representatives or officials of commercial and recreational quotas for Public Comments Solicited organizations or businesses, available red snapper, reduce the commercial Section 4(b)(3)(B) of the Act requires for public inspection in their entirety. minimum size limit for red snapper, that we make a 12-month finding as to Please submit electronic comments in reduce the recreational bag limit for whether a petitioned action is (a) not an ASCII or Microsoft Word file and Gulf red snapper, prohibit the retention warranted, (b) warranted, or (c) avoid the use of any special characters of red snapper under the bag limit for warranted but precluded by other or any form of encryption. Also, please captain and crew of a vessel operating pending proposals to determine whether include ‘‘Attn: Uinta Basin Hookless as a charter vessel or headboat, and other species are threatened or Cactus’’ or ‘‘Attn: Pariette Cactus’’ along establish a target level of reduction of endangered, and we are making with your name and return address in shrimp trawl bycatch mortality of red

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