Vol. 76 Wednesday, No. 36 February 23, 2011 Part IV Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Astragalus hamiltonii, Penstemon flowersii, Eriogonum soredium, Lepidium ostleri, and Trifolium friscanum as Endangered or Threatened; Rule VerDate Mar<15>2010 18:17 Feb 22, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23FER4.SGM 23FER4 srobinson on DSKHWCL6B1PROD with RULES4 10166 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Rules and Regulations DEPARTMENT OF THE INTERIOR FWS–R6–ES–2010–0087. Supporting endangered or threatened. The petition documentation we used in preparing included the five plant species Fish and Wildlife Service this finding is available for public addressed in this finding. The petition inspection, by appointment, during incorporated all analysis, references, 50 CFR Part 17 normal business hours at the U.S. Fish and documentation provided by Docket No. [FWS–R6–ES–2010–0087; MO and Wildlife Service, Utah Ecological NatureServe in its online database at 92210–0–008] Services Field Office, 2369 West Orton http://www.natureserve.org/. The Circle, Suite 50, West Valley City, UT document clearly identified itself as a Endangered and Threatened Wildlife 84119. Please submit any new petition and included the petitioners’ and Plants; 12-Month Finding on a information, materials, comments, or identification information, as required Petition To List Astragalus hamiltonii, questions concerning this finding to the in 50 CFR 424.14(a). We sent a letter to Penstemon flowersii, Eriogonum above address. the petitioners, dated August 24, 2007, soredium, Lepidium ostleri, and FOR FURTHER INFORMATION CONTACT: acknowledging receipt of the petition Trifolium friscanum as Endangered or Larry Crist, Field Supervisor, U.S. Fish and stating that, based on preliminary Threatened and Wildlife Service, Utah Ecological review, we found no compelling Services Field Office, 2369 West Orton evidence to support an emergency AGENCY: Fish and Wildlife Service, Circle, Suite 50, West Valley City, UT listing for any of the species covered by Interior. 84119; by telephone at 801–975–3330; the petition. ACTION: Notice of 12-month petition or by facsimile at 801–975–3331mailto:. On March 19, 2008, WildEarth finding. If you use a telecommunications device Guardians filed a complaint (1:08–CV– 472–CKK) indicating that the Service SUMMARY: We, the U.S. Fish and for the deaf (TDD), please call the failed to comply with its mandatory Wildlife Service (Service), announce a Federal Information Relay Service duty to make a preliminary 90-day 12-month finding on a petition to list (FIRS) at 800–877–8339. finding on their two multiple species Astragalus hamiltonii (Hamilton SUPPLEMENTARY INFORMATION: petitions—one for mountain-prairie milkvetch), Penstemon flowersii Background species and one for southwest species. (Flowers penstemon), Eriogonum On June 18, 2008, we received a soredium (Frisco buckwheat), Lepidium Section 4(b)(3)(B) of the ESA of 1973, petition from WildEarth Guardians, ostleri (Ostler’s peppergrass), and as amended (16 U.S.C. 1531 et seq.), dated June 12, 2008, to emergency list Trifolium friscanum (Frisco clover) as requires that, for any petition to revise 32 species under the Administrative threatened or endangered under the the Federal Lists of Endangered and Procedure Act and the ESA. Of those 32 Endangered Species Act of 1973 (ESA), Threatened Wildlife and Plants that species, 11 were included in the July 24, as amended. After review of all contains substantial scientific or 2007, petition to be listed on a available scientific and commercial commercial information that listing a nonemergency basis. Although the ESA information, we find that listing A. species may be warranted, we make a does not provide for a petition process hamiltonii and P. flowersii is not finding within 12 months of the date of for an interested person to seek to have warranted at this time. However, we ask receipt of the petition. In this finding, a species emergency listed, section the public to submit to us new we will determine that the petitioned 4(b)(7) of the ESA authorizes the Service information that becomes available action is: (a) Not warranted, (b) to issue emergency regulations to concerning the threats to A. hamiltonii warranted, or (c) warranted, but the temporarily list a species. In a letter and P. flowersii or their habitat at any immediate proposal of a regulation dated July 25, 2008, we stated that the time. We find that listing E. soredium, implementing the petitioned action is information provided in both the 2007 L. ostleri, and T. friscanum as precluded by other pending proposals to and 2008 petitions and in our files did threatened or endangered is warranted. determine whether species are not indicate that an emergency situation However, currently listing E. soredium, threatened or endangered, and existed for any of the 11 species. L. ostleri, and T. friscanum is precluded expeditious progress is being made to by higher priority actions to amend the add or remove qualified species from On February 5, 2009 (74 FR 6122), we Federal Lists of Endangered and the Federal Lists of Endangered and published a 90-day finding on 165 Threatened Wildlife and Plants. Upon Threatened Wildlife and Plants. Section species from the petition to list 206 publication of this 12-month petition 4(b)(3)(C) of the ESA requires that we species in the mountain-prairie region finding, we will add E. soredium, L. treat a petition for which the requested of the United States as endangered or ostleri, and T. friscanum to our action is found to be warranted but threatened under the ESA. We found candidate species list. We will develop precluded as though resubmitted on the that the petition did not present proposed rules to list E. soredium, L. date of such finding, that is, requiring a substantial scientific or commercial ostleri, and T. friscanum as our subsequent finding to be made within information indicating that listing was priorities allow. We will make 12 months. We must publish these 12- warranted for these species and, determinations on critical habitat during month findings in the Federal Register. therefore, did not initiate further status reviews in response to the petition. Two development of the proposed listing Previous Federal Actions rules. In the interim period, we will additional species were reviewed in a address the status of the candidate taxa On July 30, 2007, we received a concurrent 90-day finding and again, we through our annual Candidate Notice of petition dated July 24, 2007, from Forest found that the petition did not present Review. Guardians (now WildEarth Guardians), substantial scientific or commercial requesting that the Service: (1) Consider information indicating that listing was DATES: The finding announced in this all full species in our Mountain Prairie warranted for these species. Therefore document was made on February 23, Region ranked as G1 or G1G2 by the we did not consider these two species 2011. organization NatureServe, except those further. For the remaining 39 species, ADDRESSES: This finding is available on that are currently listed, proposed for we deferred our findings until a later the Internet at http:// listing, or candidates for listing; and date. One species of the 39 remaining www.regulations.gov at Docket Number (2) list each species as either species, Sphaeralcea gierischii (Gierisch VerDate Mar<15>2010 18:48 Feb 22, 2011 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23FER4.SGM 23FER4 srobinson on DSKHWCL6B1PROD with RULES4 Federal Register / Vol. 76, No. 36 / Wednesday, February 23, 2011 / Rules and Regulations 10167 mallow), was already a candidate Species Information—Astragalus The Utah Natural Heritage Program species for listing; therefore, 38 species hamiltonii (UNHP) designates 11 element occurrences for Astragalus hamiltonii remained for consideration. On March Taxonomy and Species Description 13, 2009, the Service and WildEarth (UNHP 2010a, entire). Element Guardians filed a stipulated settlement Astragalus hamiltonii is a bushy occurrences are the specific locations, or in the District of Columbia Court, perennial plant in the bean family sites, where plants are documented. agreeing that the Service would submit (Fabaceae) that can grow up to 24 inches Distinct element occurrences are to the Federal Register a finding as to (in) (60 centimeters (cm)) tall (Welsh et identified if there is either 0.6 mi (1 km) whether WildEarth Guardians’ petition al. 2003, p. 374). It has several sparsely of unsuitable habitat or 1.2 mi (2 km) of presented substantial information leafed stems, with three to five unoccupied, suitable habitat separating indicating that the petitioned action (sometimes seven) leaflets per leaf, each them (NatureServe 2004, p. 14). 0.8 to 1.6 in (2 to 4 cm) long and 0.2 may be warranted for 38 mountain- Astragalus hamiltonii element to 0.4 in (5 to 10 millimeters (mm)) wide occurrences are based on collections of prairie species by August 9, 2009 (Heil and Melton 1995a, p. 6). The herbarium specimens. Two of the (WildEarth Guardians vs. Salazar 2009, terminal leaflet (at the tip of the leaf) is element occurrences identified by the case 1:08–CV–472–CKK). typically the largest leaflet (NatureServe UNHP were from Colorado and the On August 18, 2009, we published a 2009a, p. 3). In May and June, a single southeast corner of the Uinta Basin, but notice of 90-day finding (74 FR 41649) A. hamiltonii plant will produce many we believe these locations are likely on 38 species from the petition to list flowering stalks, with each stalk bearing A. lonchocarpus, based on leaf 206 species in the mountain-prairie 7 to 30 cream-colored flowers (Welsh et characteristics and geographic region of the United States as al.