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12-Month Finding on a Petition to Revise Critical Habitat for Eriogonum Pelinophilum

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12-Month Finding on a Petition to Revise Critical Habitat for Eriogonum Pelinophilum Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules 49835 the Internet and will be publicly Drive, Building B, Grand Junction, CO habitat for the species. Potential threats available only in hard copy form. 81506-3946, by telephone at 970-243- discussed in the petition include Publicly available docket materials are 2778; or by facsimile at 970-245-6933. destruction and modification of habitat, available either electronically in http:// FOR FURTHER INFORMATION CONTACT: herbivory, and inadequate regulatory www.regulations.gov or in hard copy Patty Gelatt, Acting Western Colorado mechanisms. during normal business hours at the Air Supervisor, Fish and Wildlife Service, On September 29, 2006, we Protection Division, U.S. Environmental Western Colorado Ecological Services acknowledged the receipt of the petition Protection Agency, Region III, 1650 Office, 764 Horizon Drive, Building B, but stated that given staff and budget Arch Street, Philadelphia, Pennsylvania Grand Junction, CO 81506-3946, by limitations we could not work on the 19103. telephone at 970-243-2778; or by administrative finding at that time FOR FURTHER INFORMATION CONTACT: facsimile at 970-245-6933. Persons who (Service 2006, in litt.). On November 13, Jacqueline Lewis, (215) 814–2037, or by use a telecommunications device for the 2006, we received a letter dated e-mail at [email protected]. deaf (TDD) may call the Federal November 9, 2006, from the petitioners Information Relay Service (FIRS) at 800- notifying us of their 60–day intent to Dated: September 18, 2009. 877-8339. Please include ‘‘Eriogonum sue for our failure to make a 90–day William C. Early, pelinophilum scientific information’’ in finding for Eriogonum pelinophilum Acting Regional Administrator, Region III. the subject line for faxes and emails. (Center for Native Ecosystems 2006, in [FR Doc. E9–23502 Filed 9–28–09; 8:45 am] SUPPLEMENTARY INFORMATION: Section litt.). On March 3, 2008, the petitioners BILLING CODE 6560–50–P 4(b)(3)(D)(ii) of the Act (16 U.S.C. 1531 filed suit with the United States District et seq.) requires that, for any petition Court for the District of Colorado for our containing substantial scientific and failure to make a 90–day finding for the DEPARTMENT OF THE INTERIOR commercial information that indicates species (Center for Native Ecosystems revisions to critical habitat may be 2008). On September 25, 2008, a Fish and Wildlife Service warranted, we make a finding within 12 settlement agreement was reached months of the date of receipt of the whereby the Service agreed to submit a 50 CFR Part 17 petition and publish a notice in the 90–day finding to the Federal Register by June 15, 2009, and, if the petition [Docket No. FWS-R6-ES-2009-0037] Federal Register indicating how we intend to proceed with the requested was considered substantial, submit a [92210-1117-0000-B4] revision. 12–month finding to the Federal Register by September 21, 2009 (U.S. Endangered and Threatened Wildlife Background Department of Justice 2008). This 12– and Plants; 12–month Finding on a Previous Federal Actions month finding evaluates the status of Petition To Revise Critical Habitat for existing critical habitat as stipulated in Eriogonum pelinophilum (Clay-Loving We proposed to list Eriogonum the settlement. Wild Buckwheat) pelinophilum as an endangered species We published our 90–day finding in 1983, and we proposed critical AGENCY: regarding the petition to revise critical Fish and Wildlife Service, habitat at the same time (48 FR 28504; Interior. habitat for Eriogonum pelinophilum on June 22, 1983). We published the final June 22, 2009 (74 FR 29456). We ACTION: Notice of 12–month petition rule designating the species as determined the petition presented finding. endangered in 1984, along with a final substantial information indicating that critical habitat designation (49 FR SUMMARY: We, the U.S. Fish and revising critical habitat for E. 28562; July 13, 1984). Critical habitat, as Wildlife Service (Service), announce our pelinophilum under the Act may be designated in 1984, encompassed 119.8 12–month finding on a petition to revise warranted, thus initiating this 12–month acres (ac) (48.5 hectares (ha)), which critical habitat for Eriogonum finding (74 FR 29456; June 22, 2009). was then the entire known range of the pelinophilum (clay-loving wild We have fully considered all species (49 FR 28562; July 13, 1984). buckwheat) under the Endangered information received in response to On July 24, 2006, we received a information requested in our 90–day Species Act of 1973, as amended (Act). petition dated July 17, 2006, from the After a thorough review of all available finding. Center for Native Ecosystems, the This 12–month finding discusses only scientific and commercial information, Colorado Native Plant Society, and the we find that revisions to critical habitat those topics directly relevant to the Uncompahgre Valley Association revisions of existing critical habitat for for E. pelinophilum are warranted but (collectively referred to here as the precluded by other priorities. Given this Eriogonum pelinophilum. We also are in petitioners) requesting that we amend the process of preparing a 5–year review finding, we intend to initiate the critical habitat designation for rulemaking when we complete the for E. pelinophilum where we are Eriogonum pelinophilum (Center for conducting a more thorough review of higher priorities and we have the Native Ecosystems et al. 2006, p. 1). The necessary resources to do so. the species’ status (73 FR 58261; petition clearly identified itself as a October 6, 2008). DATES: The finding announced in this petition and included the requisite document was made on September 29, identification information that 50 CFR Species Information 2009. 424.14(a) requires. The petition Eriogonum pelinophilum was first ADDRESSES: This finding is available on contained a species and habitat collected near Hotchkiss, Colorado, in the Internet at http:// description for E. pelinophilum, a Delta County in 1958 (Reveal 2006, p. www.regulations.gov. Supporting description of previous Federal actions, 1). The species was first recognized as documentation we used to prepare this a section addressing statutory its own taxon in 1969, and officially finding is available for public requirements for E. pelinophilum, a described in 1973 (Reveal 1969, pp. 75- inspection, by appointment during description of the various populations 76; 1973, pp. 120-122). No other normal business hours at the U.S. Fish and their status, a section addressing locations were identified until 1984 and Wildlife Service, Western Colorado threats to E. pelinophilum, and (Colorado Natural Areas Program Ecological Services Office, 764 Horizon recommendations regarding critical (CNAP) 1986, p. 1). VerDate Nov<24>2008 15:35 Sep 28, 2009 Jkt 217001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\29SEP1.SGM 29SEP1 CPrice-Sewell on DSKGBLS3C1PROD with PROPOSALS 49836 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Proposed Rules Eriogonum pelinophilum is a low distances (Carpenter and Schultz 1994, currently recognized as distinct (Reveal growing, rounded, densely branched pp. 3-4). When five of the six transects 2005b, p. 1; J. Kartesz, Biota of North subshrub in the buckwheat family were revisited in 2008, 67 percent America Project 2009, in litt., p. 1). The (Polygonaceae). It has dark green remained alive after 18 years, further most recent assessment indicates that inrolled leaves that appear needlelike, supporting the idea that the plant is preliminary genetic analyses show that and clusters of white to cream colored long-lived (Lyon 2008, p. 2). In addition E. pelinophilum is allied to, but distinct flowers with greenish-red to brownish- to the 181 tagged plants, at least 321 from E. clavellatum, and both are red bases and veins at the end of the new plants were located along the 5 distinct from E. contortum (Reveal 2006, branches. relocated transects (Lyon 2008, p. 2). p. 3). Morphological and distributional The life history of Eriogonum Results were not statistically adequate differences also occur between E. pelinophilum has been examined in two to detect a change in species abundance pelinophilum, E. contortum, and E. short-term demography studies that (Lyon 2008, p. 3), but do suggest that the clavellatum. E. pelinophilum has white track a plant population’s change in size species may be stable or increasing at flowers and occurs in Delta and and structure through time. The first the Wacker Ranch site. Montrose Counties, Colorado, whereas study was conducted on Bureau of Land Eriogonum pelinophilum requires a E. contortum has yellow flowers and Management (BLM) lands at the pollinator, and for much of the occurs farther north in Mesa and Fairview Research Natural Area in 1987 flowering season is the most abundant Garfield Counties, Colorado, and Grand and 1988 (CNAP 1986; 1987). The species in bloom in its habitat (Bowlin County, Utah (Spackman et al. 1997, E. second study was conducted at the et al. 1992, p. 300). Flowering typically pelinophilum page). E. pelinophilum is Wacker Ranch where life history occurs from late May to early September shorter, measuring 2 to 4 inches (in.) information was gathered in 1990, 1992, with individual flowers lasting fewer (0.5 to 1 decimeters (dm)), has smaller 1993, and 1994 (Carpenter and Schulz than 3 days (Bowlin et al. 1992, p. 298). involucres (bracts below the flowers - 1994), and again in 2008 (Lyon 2008). Over 50 species of insects visit E. 0.12 to 0.14 in. [3 to 3.5 millimeters Neither of these studies occurred over pelinophilum flowers (Bowlin et al. (mm)] long), with petals all the same sufficient time periods nor were they 1992, pp. 299-300). Roughly half of length. E. clavellatum is taller conducted frequently enough to these 50 species are native bees and 18 measuring 4 to 8 in.
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