Vol. 77 Wednesday, No. 192 October 3, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Lemmon Fleabane; Endangered Status for the Acun˜a Cactus and the Fickeisen Plains Cactus and Designation of Critical Habitat; Proposed Rule

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DEPARTMENT OF THE INTERIOR under the Document Type heading, Pediocactus peeblesianus var. click on the Proposed Rules link to fickeiseniae (Fickeisen plains cactus) as Fish and Wildlife Service locate this document. You may submit endangered species and to designate a comment by clicking on ‘‘Comment critical habitat. For the remainder of this 50 CFR Part 17 Now!’’ document, these species will be referred [Docket No. FWS–R2–ES–2012–0061; (2) By hard copy: Submit by U.S. mail to by their common names. 4500030113] or hand-delivery to: Public Comments The Endangered Species Act provides Processing, Attn: FWS–R2–ES–2012– the basis for our action. Under the Act, RIN 1018–AY51 0061; Division of Policy and Directives we can determine that a species is an Management; U.S. Fish and Wildlife endangered or threatened species based Endangered and Threatened Wildlife Service; 4401 N. Fairfax Drive, MS on any of five factors: (A) The present and Plants; 12-Month Finding for the 2042–PDM; Arlington, VA 22203. or threatened destruction, modification, Lemmon Fleabane; Endangered Status We request that you send comments or curtailment of its habitat or range; (B) for the Acun˜ a Cactus and the only by the methods described above. overutilization for commercial, Fickeisen Plains Cactus and We will post all comments on http:// recreational, scientific, or educational Designation of Critical Habitat www.regulations.gov. This generally purposes; (C) disease or predation; (D) AGENCY: Fish and Wildlife Service, means that we will post any personal the inadequacy of existing regulatory Interior. information you provide us (see the mechanisms; or (E) other natural or ACTION: Proposed rule; 12-month Information Requested section below for manmade factors affecting its continued finding. more information). existence. The coordinates or plot points or both We have determined that the Lemmon SUMMARY: We, the U.S. Fish and from which the critical habitat maps are fleabane does no longer warrant listing. Wildlife Service (Service), announce a generated are included in the Through our five factor analysis, we 12-month finding on a petition to list as administrative record for this have determined that the previously an endangered or threatened species rulemaking and are available at http:// recognized threats to the Lemmon Erigeron lemmonii (Lemmon fleabane). www.fws.gov/southwest/es/arizona/, fleabane do not rise to a level of After a review of the best available http://www.regulations.gov at Docket significance such that the species is in scientific information we find that No. FWS–R2–ES–2012–0061, and at the danger of extinction now or likely to listing the Lemmon fleabane as an Arizona Ecological Services Field Office become so in the foreseeable future. endangered or threatened species is no (see FOR FURTHER INFORMATION CONTACT). We have determined that the longer warranted, and therefore we are Any additional tools or supporting following are threats to the acun˜ a removing this species from the information that we may develop for cactus: • candidate list. We propose to list this rulemaking will also be available at United States—Mexico border Echinomastus erectocentrus var. the Fish and Wildlife Service Web site activities including inadequacy of acunensis (acun˜ a cactus) and regulatory mechanisms, and and Field Office set out above, and may • Pediocactus peeblesianus var. also be included in the preamble and/ Predation by native insect and fickeiseniae (Fickeisen plains cactus) as or at www.regulations.gov. small mammal predators, in combination with other natural or an endangered species, and we propose FOR FURTHER INFORMATION CONTACT: manmade factors, including natural to designate critical habitat for both Steve Spangle, Field Supervisor, U.S. environmental variability and climate cactus species under the Endangered Fish and Wildlife Service, Arizona conditions such as drought. Species Act of 1973, as amended (Act). Ecological Services Field Office, 2321 If finalized, the effect of these We have determined that the W. Royal Palm Road, Suite 103, following are threats to the Fickeisen regulations would be to add acun˜ a Phoenix, AZ 85021; telephone (602) cactus and Fickeisen plains cactus to plains cactus: 242–0210; facsimile (602) 242–2513. • Livestock grazing; the List of Endangered and Threatened Persons who use a telecommunications • Nonnative, invasive species; and Plants and to designate critical habitat device for the deaf (TDD) may call the • Predation by native small mammal for these species. Federal Information Relay Service predators, in combination with other DATES: We will accept comments (FIRS) at 800–877–8339. natural or manmade factors, including received or postmarked on or before SUPPLEMENTARY INFORMATION: natural environmental variability and December 3, 2012. Comments submitted climate conditions such as drought. electronically using the Federal Executive Summary This rule also proposes designation of eRulemaking Portal (see ADDRESSES Why we need to publish a rule. Under critical habitat for both species. Under section, below) must be received by the Endangered Species Act of 1973, as the Act, we must, to the maximum 11:59 p.m. Eastern Time on the closing amended a species may warrant extent prudent and determinable, date. We must receive requests for protection through listing if it is an designate critical habitat for any species public hearings, in writing, at the endangered or threatened species that is determined to be an endangered address shown in the FOR FURTHER throughout all or a significant portion of or threatened species. We are required INFORMATION CONTACT section by its range. The Act sets forth procedures to base the designation on the best November 19, 2012. for adding species to, removing species available scientific data after taking into ADDRESSES: You may submit comments from, or reclassifying species on the consideration economic and other by one of the following methods: Federal Lists of Endangered and impacts. We can exclude an area from (1) Electronically: Go to the Federal Threatened Wildlife and Plants. This critical habitat if the benefits of eRulemaking Portal: http:// document consists of a 12-month not- exclusion outweigh the benefits of www.regulations.gov. In the Keyword warranted finding and withdrawal of designation, unless the exclusion will box, enter Docket No. FWS–R2–ES– Erigeron lemmonii (Lemmon fleabane) result in the extinction of the species. In 2012–0061, which is the docket number from the candidate list, and a proposed total, we are proposing approximately for this rulemaking. Then, in the Search rule to list Echinomastus erectocentrus 21,740 hectares (ha) (53,720 acres (ac)) panel on the left side of the screen, var. acunensis (acun˜ a cactus) and for designation as critical habitat for

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acun˜ a cactus (Table 1) and The proposed critical habitat for acun˜ a critical habitat for the Fickeisen plains approximately 19,901 ha (49,186 ac) for cactus is located in Maricopa, Pima, and cactus is in Coconino and Mohave the Fickeisen plains cactus (Table 2). Pinal Counties, Arizona. The proposed Counties, Arizona.

TABLE 1—PROPOSED CRITICAL HABITAT FOR THE ACUN˜ A CACTUS

Federal State Tribal Private Total Ha Ha Ha Ha Ha (Ac) (Ac) (Ac) (Ac) (Ac)

11,953 5,773 2,256 1,757 21,740 (29,536) (14,266) (5,575) (4,342) (53,720)

TABLE 2—PROPOSED CRITICAL HABITAT FOR THE FICKEISEN PLAINS CACTUS

Federal State Tribal Private Total Ha Ha Ha Ha Ha (Ac) (Ac) (Ac) (Ac) (Ac)

6,671 5,617 3,865 3,748 19,901 (16,486) (13,883) (9,554) (9,263) (49,186)

We are preparing an economic (2) The factors that are the basis for (b) What may constitute ‘‘physical or analysis. To ensure that we consider the making a listing determination for a biological features essential to the economic impacts of designating critical species under section 4(a) of the Act (16 conservation of these species,’’ within habitat, we are preparing an economic U.S.C. 1531 et seq.), which are: the geographical range currently analysis of the proposed designation. (a) The present or threatened occupied by these species; We will seek peer review of the destruction, modification, or (c) Where these features are currently methods we used in our proposal. We curtailment of their habitat or range; found; are seeking comments from independent (b) Overutilization for commercial, (d) Whether any of these features may specialists to ensure that our proposal is recreational, scientific, or educational require special management based on scientifically sound data, purposes; considerations or protection; assumptions, and analyses. (c) Disease or predation; (e) What areas, that were occupied at We are seeking public comment on (d) The inadequacy of existing the time of listing (or are currently this proposed rule. Anyone is welcome regulatory mechanisms; or occupied) and that contain features to comment on our proposal or provide (e) Other natural or manmade factors essential to the conservation of these additional information on the proposal affecting their continued existence. species, should be included in the designation and why; that we can use in making a final (3) Biological, commercial trade, or (f) What areas not occupied at the determination on the status of these other relevant data concerning any time of listing are essential for the species. threats (or lack thereof) to these species conservation of these species and why. Information Requested and existing regulations that may be (8) Land use designations and current addressing those threats. We intend that any final action or planned activities in the areas resulting from this proposed rule will be (4) Additional information concerning occupied by these species or proposed based on the best scientific and the historical and current status, range, to be designated as critical habitat, and commercial data available and be as distribution, and population size of possible impacts of these activities on accurate and as effective as possible. these species, including the locations of these species and proposed critical Therefore, we request comments or any additional populations of these habitat. information from other concerned species. (9) Information on the projected and governmental agencies, Native (5) Any information on the biological reasonably likely impacts of climate American tribes, the scientific or ecological requirements of the change on these species and proposed community, industry, or any other species, and ongoing conservation critical habitat. interested parties concerning this measures for the species and its habitat; (10) Any foreseeable economic, proposed rule. We particularly seek (6) The reasons why we should or national security, or other relevant comments concerning: should not designate habitat as ‘‘critical impacts that may result from (1) These species’ biology, range, and habitat’’ under section 4 of the Act (16 designating any area that may be population trends, including: U.S.C. 1531 et seq.), including whether included in the final designation. We (a) Habitat requirements for there are threats to these species from are particularly interested in any pollination, reproduction, and dispersal; human activity, the degree of which can impacts on small entities, and the (b) Genetics and taxonomy; be expected to increase due to the benefits of including or excluding areas (c) Historical and current range designation, and whether that increase from the proposed designation that are including distribution patterns; in threats outweighs the benefit of subject to these impacts. (d) Historical and current population designation such that the designation of (11) Whether our approach to levels, and current and projected trends; critical habitat is not prudent. designating critical habitat could be and (e) Past and ongoing conservation (7) Specific information on: improved or modified in any way to measures for these species, their habitat (a) The amount and distribution of provide for greater public participation or both. these species and their habitat; and understanding, or to assist us in

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accommodating public concerns and on http://www.regulations.gov. Please imminent, based on the threat of high comments. include sufficient information with your severity fire and drought (64 FR 57534). (12) The likelihood of adverse social comments to allow us to verify any Later, we decided a wildfire or drought reactions to the designation of critical scientific or commercial information would not adversely affect the entire habitat and how the consequences of you include. population; therefore, on September 12, such reactions, if likely to occur, would Comments and materials we receive, 2006, we changed the LPN to an 8, relate to the conservation and regulatory as well as supporting documentation we reflecting threats that are of moderate to benefits of the proposed critical habitat used in preparing this proposed rule, low magnitude and imminence (71 FR designations. will be available for public inspection 53756), and this LPN remained in effect (13) Information on certain on http://www.regulations.gov, or by until the last Candidate Notice of populations of Fickeisen plains cactus. appointment, during normal business Review in 2011 (76 FR 66370, October Specifically, there are eight populations hours, at the U.S. Fish and Wildlife 26, 2011). We now find that listing this where the Fickeisen plains cactus has Service, Arizona Ecological Services species is not-warranted, and we are been documented, but these areas have Field Office (see FOR FURTHER withdrawing this species from not been visited in over 18 years. Five INFORMATION CONTACT). candidate status because the previously populations are located on the Arizona Organization of Document recognized threats to the Lemmon Strip and are referred to as: Beanhole fleabane do not rise to the level of Well, Marble Canyon, Salaratus Draw, The layout of this rule is as follows: significance such that the species is in South Canyon, and Toquer Tank. The The 12-month not-warranted petition danger of extinction now or likely to sixth population is located in proximity finding and candidate withdrawal for become so in the foreseeable future. Our to Mays Wash that is south of the Town the Lemmon fleabane; the proposed rationale is explained below. of Gray Mountain among Federal, State, listing of the acun˜ a cactus and the The Lemmon fleabane is a tap-rooted and private lands. The last two Fickeisen plains cactus; the proposed perennial plant of the aster family populations are on the Navajo Nation. critical habitat for the acun˜ a cactus and (Nesom 2006, p. 342). The Lemmon These eight areas are proposed as the Fickeisen plains cactus. fleabane occurs in crevices and ledges, critical habitat for the Fickeisen plains 12-Month Petition Finding and on all aspects of tall, vertical-faced, and cactus. We are seeking any information Candidate Withdrawal for the Lemmon very cuspid (pointed) Escabrosa on specific population status of the Fleabane limestone cliffs of a single canyon, Fickeisen plains cactus at these Scheelite Canyon, on Fort Huachuca on locations, whether these locations are This section summarizes the status Department of Defense lands, in Cochise currently occupied and contain the and potential threats that we evaluated County, Arizona (Warren et al. 1991, p. features essential to the conservation of in order to determine that listing 5; Malusa 2006, pp. 9–11). The habitat the species, and the condition of the Lemmon fleabane is not-warranted and occurs over an area of approximately 50 habitat. to remove it from candidate status. ha (124 ac), and, as of 2006, the Please include sufficient information Additional material that we relied on is population is estimated to support 954 with your submission (such as scientific available in the Species Assessment and individuals (Malusa 2006, p. 9). journal articles or other publications) to Listing Priority Assignment Form for The primary threat previously allow us to verify any scientific or Lemmon fleabane. This form is available identified for the Lemmon fleabane was commercial information you include. on our national endangered species Web high severity wildfire, a phenomenon Please note that submissions merely site: http://www.fws.gov/endangered/ outside of the established fire history for stating support for or opposition to the (search for ‘‘Lemmon fleabane’’ in the the forests of the Huachuca Mountains. action under consideration without Species Search box). Scheelite Canyon is a narrow, shady, providing supporting information, On July 1, 1975 (40 FR 27824), the bedrock-laden cold-air-drainage, with although noted, will not be considered Lemmon fleabane was included among higher humidity and cooler in making a determination, as section 3,000 plant species under status review. temperatures than surrounding areas; 4(b)(1)(A) of the Act directs that We first identified the Lemmon fleabane these factors aid in limiting the spread determinations as to whether any as a category 1 candidate species on of severe fire within the canyon (Turner species is an endangered or threatened September 30, 1993 (58 FR 51144). and Romme 1994, p. 59; Gebow and species must be made ‘‘solely on the Candidates are those fish, wildlife, and Hessil 2006, p. 21; Werth et al. 2011, p. basis of the best scientific and plants for which we have on file 27). In addition, Scheelite Canyon is a commercial data available.’’ sufficient information on biological southeast to northwest configured You may submit your comments and vulnerability and threats to support canyon that blocks prevailing materials concerning this proposed rule preparation of a listing proposal, but for southwesterly wind. Strong by one of the methods listed in the which development of a listing southwesterly wind was a necessary ADDRESSES section. We request that you regulation is precluded by other higher component in the unusual fire behavior send comments only by the methods priority listing activities. Candidate documented in recent high severity fires described in the ADDRESSES section. species were assigned a relative listing of the Huachuca Mountains, where If you submit information via http:// priority number in accordance with southwest to northeast configured www.regulations.gov, your entire listing priority guidelines published on canyons burned downslope and burned submission—including any personal September 21, 1983 (48 FR 43098). On very hot (Leiendecker 2012, pers. identifying information—will be posted the basis of immediacy and magnitude comm.). on the Web site. If your submission is of threats, as well as taxonomic status, Although Scheelite Canyon currently made via a hardcopy that includes we assigned the Lemmon fleabane a contains a woody fuel load, fire experts personal identifying information, you listing priority number (LPN) of 11, believe the Lemmon fleabane itself is may request at the top of your document which is assigned when threats are of relatively safe from fire (Gebow and that we withhold this information from moderate to low magnitude and non- Hessil 2006, p. 51; Leiendecker 2012, public review. However, we cannot imminent. On October 25, 1999, we pers. comm.). Recent documentation of guarantee that we will be able to do so. changed the LPN to a 5 to reflect threats two other rare, cliff-dwelling Erigeron We will post all hardcopy submissions that are of high magnitude but non- species of the Chiricahua Mountains of

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southern Arizona indicates that plants Ensure the continued monitoring of the species for which additional survey growing in cracks within the rockwall Lemmon fleabane population and work is required to determine current may be both resistant and resilient to promote adaptive management based on trends. high severity fire (Malusa 2012, pers. monitoring results; (b) continue the We discontinued the use of a category comm.). In the unlikely event of a restrictions on recreational activities in system in the February 28, 1996, notice catastrophic fire within Scheelite Lemmon fleabane habitat; and (c) (61 FR 7596) and simply referred to Canyon, it would be extremely unlikely encourage further research into the category 1 species as candidate species. that every Lemmon fleabane plant species’ life history, population biology The acun˜ a cactus and Fickeisen plains would be extirpated. This is because and demographics, and distribution. cactus were both assigned an LPN of 6, Lemmon fleabane plants occur on all Through our five-factor analysis, we due to the high magnitude of threats aspects of rock face, on both sides of the have discounted any threats to the which were non-imminent. We canyon including the entrances of small species and conclude there are no published four Candidate Notice of tributaries, and at all elevations on the significant threats to the Lemmon Reviews between 1997 and 2003, in canyon wall from the canyon bottom fleabane. We, therefore, conclude that which the acun˜ a cactus and the upwards nearly 305 meters (m) (1,000 the previously recognized threats to the Fickeisen plains cactus remained feet (ft)) to the top of the canyon walls. Lemmon fleabane do not rise to a level candidate species with an LPN of 6 (62 In summary, there is a very small of significance such that the species is FR 49398, September 19, 1997; 64 FR probability that Scheelite Canyon will in danger of extinction now or in the 57534, October 25, 1999; 66 FR 54808, sustain a catastrophic fire in the future foreseeable future. Additionally, we are due to the southeast to northwest aspect not aware of any other potential October 30, 2001; 67 FR 40657, June 13, of the canyon in the landscape; its stressors or threats that may impact the 2002). humid, shady, and cool nature; and the species or its habitat by itself or in On October 30, 2002, we received a presence of exposed rock outcroppings combination, including the potential petition from the Center for Biological throughout the canyon lending to a environmental effects that may result Diversity to list the acun˜ a cactus as an discontinuous fuel load. Should such a from climate change. Current and endangered species under the fire occur, it would threaten individual planned conservation measures will provisions of the Act. On May 4, 2004, plants exposed to flame and heat also benefit the Lemmon fleabane, the Center for Biological Diversity (Gebow and Hessil 2006, p. 85); although we are not relying on these petitioned the Service to list the acun˜ a however, due to the plants occurring in conservation actions as the basis for our cactus and the Fickeisen plains cactus a variety of locations within the canyon, not-warranted finding. As a result, we as an endangered species under the Act. it is unlikely that all plants would be have removed this species from the Because these species were already affected. candidate list. candidates for listing, we did not issue Recreational rappelling was noted as findings on the petition. In the Acun˜ a Cactus and Fickeisen Plains a minor threat to the Lemmon fleabane; Candidate Notice of Review dated Cactus however, we conclude that there is a September 12, 2006 (71 FR 53756), we very low probability of this type of Previous Federal Actions revised the LPN of the Fickeisen plains activity taking place in Scheelite cactus from 6 to 3 based on direct Canyon because recreational rappelling On July 1, 1975 (40 FR 27824), we published a Review of Status of mortality and reduced reproductive is not allowed by Fort Huachuca. capacity resulting from off-road vehicle Further, if unauthorized rappelling were Vascular Plants identifying the acun˜ a cactus and the Fickeisen plains cactus (ORV) use, trampling associated with to occur, the damage to Lemmon livestock grazing, a continuing drought, fleabane plants would be insignificant at as among 3,000 native plant taxa being reviewed for possible inclusion in the and herbivory by rabbits and rodents. the population level. We also acknowledged that In addition to fire and rappelling list of endangered and threatened unauthorized collection of the Fickeisen posing less of a threat to the Lemmon species. On December 15, 1980, we plains cactus was a potential threat but fleabane than previously believed, published a Review of Plant Taxa for several conservation measures have Listing as Endangered or Threatened we did not know at that time whether recently occurred or are being planned. Species and identified the Fickeisen it was a continuing threat. In the notice Although we did not rely on these plains cactus as category 1 species (45 of December 6, 2007 (72 FR 69034), we conservation measures to make our not- FR 82480). Category 1 species were revised the LPN of the acun˜ a cactus warranted finding, they are underway those taxa for which we had on file from 6 to 3 based on continued decline and will benefit the Lemmon fleabane substantial information on biological of the species caused by ongoing now and into the future. In 2011, the vulnerability and threats to support drought. An LPN of 3 reflects threats Desert Botanical Garden collected proposing them as endangered or that are both imminent and high in hundreds of viable Lemmon fleabane threatened species. The acun˜ a cactus magnitude, as well as the taxonomic seeds for long-term storage. This was not included in the 1980 notice. classification as a subspecies. In plant collection and future-planned seed Both the acun˜ a cactus and the Fickeisen classification generally, the use of the collection by the Desert Botanical plains cactus were included in the term variety, such as is used in the Garden may help offset impacts to the February 21, 1990, notice (55 FR 6184) plants in this rule, is synonymous with species in the event of a devastating as category 1 species. the term subspecies. In the notice of wildfire and habitat loss. In addition, In the September 30, 1993, notice (58 October 26, 2011 (76 FR 66370), we the U.S. Forest Service is currently FR 51144) candidate species were retained an LPN of 3 for both species. working with Fort Huachuca to reduce assigned a status category indicating Background fire potential at a landscape level their status at that time. Each species throughout the district and on Fort was identified as increasing (I), stable For each of the two cactus species, we Huachuca itself (Leiendecker 2012, pers. (S), declining (D), or unknown (U). The provide a description of the species, its comm.). Finally, Fort Huachuca and the 1993 notice identified the acun˜ a cactus life history, its habitat, an evaluation of Service are drafting a conservation and the Fickeisen plains cactus as listing factors for that species, and our agreement which, once signed, will: (a) category 1–U: unknown, denoting finding for the species.

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Acun˜ a Cactus seed in its natural environment has the consisting of heterogeneous fragments of It is our intent to discuss below only same short lifespan as has been all sizes deposited in an alluvial fan and those topics directly relevant to the demonstrated in these germination later consolidated) is also locally listing of the acun˜ a cactus as an trials. present (Rutman 2007, pp. 1–2; Anderson 2012a, pers. comm.). endangered species in this section of the Taxonomy Mineralogy of these rocks is varied, with proposed rule. This species was originally described felsic or mafic phenocrysts present, Species Description in 1953 by W.T. Marshall as depending on bedrock type (Rutman Echinomastus acunensis (Marshall The acun˜ a cactus is a small, spherical 2007, pp. 1–2; Anderson 2012a, pers. 1953, pp. 33–34). It is known by many comm.). Soil texture in these locations cactus, usually single-stemmed, that can synonyms, including Sclerocactus be up to 40 centimeters (cm) (16 inches varies between bedrock and both coarse- erectocentrus var. acunensis (Coulter) and fine-textured substrates (Rutman (in)) tall and 9 cm (3.5 in) wide (Arizona Taylor and Neolloydia erectocentra Rare Plant Guide Committee 2001, 2007, pp. 1–2). Associated plant species (W.T. Marshall) var. acunensis L. include Larrea tridentata var. tridentata unpaginated; Zimmerman and Parfitt Benson (Arizona Game and Fish 2003, pp. 194–195). The acun˜ a cactus (creosote bush), Olneya tesota Department (AGFD) 2004, p. 1). The (ironwood), Cercidium microphyllum has 11 to 15 radial spines up to 2.5 cm Cactaceae treatment in the Flora of (palo verde), Ambrosia deltoidea (1.0 in) long and 3 to 4 mauve-colored, North America (Zimmerman and Parfitt (triangle-leaf bursage), and Acacia up-turned central spines up to 3.5 cm 2003, pp. 194–195) recognizes the entity greggii (catclaw). The acun˜ a cactus is (1.4 in) long (Arizona Rare Plant Guide as E. erectocentrus var. acunensis. The often noted growing under the Committee 2001, unpaginated; other variety, E. erectocentrus var. protective canopy of these or other Zimmerman and Parfitt 2003, pp. 194– erectocentrus (needle-spine cactus), is associated species (Phillips et al. 1982, 195). Rose, pink, or lavender flowers 3.6 also recognized as a valid taxon in the p. 6; Butterwick 1982–1992, entire; to 6 by 4 to 9 cm (1.4 to 2.3 by 1.6 to Flora of North America. The two Felger 2000, p. 208; Service 2011a, p. 1; 3.5 in) are produced in March (Arizona varieties are generally considered to be Service 2011b, p. 3), which may act as Rare Plant Guide Committee 2001, morphologically distinct and nurse plants, thereby sheltering unpaginated; Zimmerman and Parfitt geographically isolated, but there have seedlings from extreme temperatures 2003, pp. 194–195). The fruits are pale been questions regarding the and providing some protection from green, are 1.25 cm (0.5 in) long, and morphology of some individuals (AGFD mechanical disturbance (Nobel 1984, p. contain small, nearly black seeds (Felger 2004, p. 6). To address those concerns, 316; Suza´n et al. 1996, p. 635). 2000, p. 208). The fruits ripen in April the Service funded a project to analyze (Arizona Rare Plant Guide Committee the morphological distinctness of the Distribution and Range 2001, unpaginated). two varieties, which was completed in The acun˜ a cactus populations are Biology January 2007. The results of this study known from Maricopa, Pima, and Pinal suggest that there are four distinct Counties in Arizona and from Sonora, The acun˜ a cactus relies solely on the taxonomic groups, including the Mexico (AGFD 2004, p. 2). In western production of seeds for reproduction, separation of variety acunensis and Pima County, plants are known from the with pollination highly linked to variety erectocentrus (Baker 2007, pp. Puerto Blanco Mountains and adjacent survival, as the species cannot fertilize 19–21), and we concur with the study Aguajita Wash and in the foothills of the itself. Acun˜ a cacti are pollinated by a results. Therefore, the acun˜ a cactus and Growler Mountains south of Dripping suite of bees from the Andrenidae, the needle-spine cactus are valid and Spring on National Park Service (NPS) Anthophoridae, Anthophorinae, distinct taxa separated morphologically lands within OPCNM; from the Sauceda Halictidae, and Megachilidae families; and geographically. Baker (2007, p. 20) Mountains on Bureau of Land however, the leafcutter bee (Megachile recommended nomenclatural changes, Management (BLM) lands; from palmensis) and cactus bee (Diadasia based on the International Rules of Department of Defense military lands on rinconis) are thought to be the primary Botanical nomenclature, but formal the Barry M. Goldwater Gunnery Range pollinators (Johnson 1992, p. 406). The name changes were not proposed in his (BMGR); and from private lands near maximum distance that either of these study. Again, we refer to the taxonomy Ajo. There is an unconfirmed report of bees travel is thought to be roughly 900 determined by the Flora of North acun˜ a cactus individuals occurring on m (2,953 ft) (see Critical Habitat section, America. Tohono O’odham lands in the vicinity below). of known populations on BLM and Although we do not know the lifespan Habitat BMGR lands; however this has not been of acun˜ a cacti, there are individual The acun˜ a cactus occurs in valleys verified (Howe 2012, pers. comm.). In plants that have been tracked at Organ and on small knolls and gravel ridges of Maricopa County, the acun˜ a cactus is Pipe Cactus National Monument up to 30 percent slope in the Palo- known from the Sand Tank Mountains (OPCNM) since 1977, and are still alive Verde-Saguaro Association of the on BLM lands within the Sonoran in 2012 (Holm 2012a, pers. comm.). The Arizona Upland subdivision of the Desert National Monument. In Pinal lifespan of seeds in the seedbank is Sonoran Desert scrub at 365 to 1,150 m County, plants are known from Mineral unknown; however, in independent (1,198 to 3,773 ft) in elevation (Phillips Mountain on BLM, State, and private greenhouse tests of 6 and 4 year-old et al. 1982, p. 4; Arizona Rare Plant lands. In Sonora, Mexico, the acun˜ a seed collected from two discrete Guide Committee 2001, unpaginated; cactus occurs on Reserva de la Biosfera populations, less than 19 percent and AGFD 2011, entire). This species grows El Pinacate y Gran Desierto de Altar zero percent germination resulted, on soil overlying various bedrock types (Pinacate Biosphere Reserve) and respectfully (Rutman 2007, p. 7). In tests including extrusive felsic volcanic rocks private ejido (ranch) lands. Available of 1 and 2 year-old seed, germination of rhyolite, andesite, and tuff, and information indicates that the current ranged from 64 to 100 percent, and tests intrusive igneous rocks composed of range of this species does not differ from of seed collected 19 days previously granite, granodiorite, diorite, and the historical range, with the exception resulted in 82 percent germination Cornelia quartz monzonite; Locomotive that the current Ajo populations likely (Rutman 2007, p. 7). It is unknown if fanglomerate (sedimentary rock had been part of a larger population that

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occurred before mining activity began Federal Land—Bureau of Land mortality was reported one year later there (Rutman 1996b, pers. comm.; Management (Anderson 2011, p. 1). An October 2011 Rutman 2007, p. 7). However, there are Sauceda Mountains—Within the site visit by Service and BLM botanists no survey records for this species in the Coffeepot Area of Critical revealed 23 adult and 2 juvenile living area prior to mining activity. Environmental Concern (ACEC), there and 15 dead plants at this location (Service 2011a, p. 3). A fourth Abundance and Trends are several small acun˜ a cactus population was discovered by the BLM As the number of dead individuals populations, each on less than 2 ha (5 ac) of land. in March 2011, in a location near the documented within acun˜ a cactus third population; 10 plants were noted. populations has increased greatly since In 1982, the BLM (Phoenix District) established three 20-by 50-m (66-by 164- No indications were given as to the age study began in the 1970s (when tracking class structure or health of this first began), it is important to track the ft) monitoring plots on Coffeepot Mountain. These plots were visited, and population (Anderson 2011, entire). number of healthy, unhealthy, and dead At a site BLM calls Little Ajo data were collected periodically individuals. This not only allows us to Mountains, southeast of the New between 1982 and 1992. In 1982, 157 document trends in total plant numbers, Cornelia Mine on less than 0.4 ha (1 ac), living and 3 dead plants were found but can help in our understanding of the the population has fluctuated from 5 within plots. Over the years of study, cause and extent of mortality. plants in 1997, to 7 plants in 2001, to many new recruits were found; 7 plants in 2006, to 11 plants in 2007, Federal Land—Organ Pipe Cactus however, there was also ongoing to 7 plants in 2008, and finally to 12 National Monument (OPCNM) mortality with newly dead individuals plants (including 5 very small plants) in documented each year. A census of There is one large area of 2011 (Rutman 2006, p. 2; Anderson individuals from both within and approximately 1,326 ha (3,277 ac) 2011, entire; Service 2011a, p. 1). within OPCNM that contains as many as nearby the plots in 1987 found 310 Sonoran Desert National Monument— 2,000 acun˜ a cactus individuals (Rutman living and 332 dead plants (Rutman et In 2006, approximately 200 individuals 2011, pers. comm.; AGFD 2011, entire). al. 1987, p. 2). BLM staff reported a were reported from the Sand Tank In 1981, this population was estimated precipitous decline of this population in Mountains in an area less than 25 ha to contain 10,000 individuals (Buskirk 1989 (Johnson 1989, p. 1). By the last (61.8 ac) in size. In 2007, the site was 1981, p. 3). Within this area, two 20-by monitoring visit to the plots in 1992, revisited, and four groups of individuals 50-m (66-by 164-ft) permanent 150 plants were recorded dead, 22 accounting for 125 of the approximately monitoring plots were established in plants were recorded missing and 200 individuals were mapped 1977, with the aim of investigating presumed dead, and 150 plants (Anderson 2012b, pers. comm.; growth, mortality, and recruitment of remained that were either healthy or in Anderson 2011, p. 2). No indications this species. Between 1977 and 1981, some stage of decline (Butterwick 1982– were given as to the age class, structure, there was 31 percent mortality in the 1992, entire). A note to the files in 1991 or health of this population (Anderson plots (Phillips and Buskirk 1982, p. 2). stated that many individual plants were 2011, entire). Two more plots were added in 1983, missing, dead, or dying, and that there Mineral Mountain—There are 3 and two more in 1988. From 1988 appeared to be little regeneration in this individual acun˜ a cacti growing on BLM through 1991, the population was population (BLM 1991, p. 1). The plots land adjacent to 30 living plants and 22 thought to be stable or increasing have not been formally measured since dead plants on State lands. This (Johnson et al. 1993, p. 172). From 1993 1992, but the BLM has visited this site population is discussed collectively through 2011, annual mortality was 21 times since then to assess general below under State lands. variable, but exceeded recruitment in health and threats to the population. most years (NPS 2011a, p. 2). In 2011, Field notes by the BLM botanist in 2007 Federal Land—Barry M. Goldwater the total number of individuals recorded mentioned that the number of living Gunnery Range in all six plots was 39 adults and 10 individuals in and near these plots had In 1997, a single adult individual was juveniles, showing little change since been reduced by half since the 2006 site reported from just north and outside of 2010. This however represents a marked visit (Anderson 2011, p. 2). Because no the populations in the Coffeepot ACEC decrease since their peak in 1991, when population estimates were made during (Geraghty et al. 1997, p. 5) within 446 individuals were recorded in the either year, it is difficult to know how Department of Defense (DOD) managed plots, 221 of which were juveniles many plants survive in and around lands on the Barry M. Goldwater (Holm 2006, p. 9; NPS 2011a, entire). these plots. Field notes do indicate that Gunnery Range (BMGR); this site has In order to verify the identification few juveniles were seen in 2008, and no not been revisited. and location of plants, specimens are juveniles were seen in 2009; no mention collected, pressed, and placed on sheets of juveniles was made in 2010 or 2011 State Land that are stored in herbaria. A 1952 (Anderson 2011, p. 2). Mineral Mountain—Plants were herbarium collection from a second In 2006, a second population, collected by Hart in 1992, from the location within OPCNM is evidence that estimated to be between 50 and 100 population straddling BLM and State a second disjunct population of the individuals, was located 1.2 kilometers land east of Florence (University of acun˜ a cactus occurred historically (km) (0.75 miles (mi)) northwest of the Arizona Herbarium 2011, entire). There within OPCNM. Current NPS staff were Coffeepot Mountain monitoring plots in were no details of the number of unaware of this herbarium collection, Ryans Canyon (Rutman 2006, p. 2). individuals seen, just a map with three and the site, reported to be within 3 m Rutman (2006, entire) did not mention locations. In the 1990s, the BLM (10 ft) of the U.S.-Mexico border, has size class or health of this population. revisited this site and estimated 100 not been revisited since 1952. Site visits This site has not been revisited. individuals scattered across 3 ridgelines in this area are currently considered A third population was discovered in (Service 2008a, p. 1). In 2008, the dangerous, and therefore no efforts have 2006, 1.4 km (0.87 mi) to the northeast Service and BLM searched this area. been made to confirm the location of the of the Coffeepot Mountain monitoring The Service and BLM found fewer than population; we do not know if the plots. Approximately 30 acun˜ a cacti 20 living and many dead plants; no population exists at this location. were noted there at the time; 25 percent young plants were seen. In 2011, the

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Service and BLM botanists revisited the juveniles were among the plants found. mountain within the largest BLM location and found 30 living and 22 The site has not been revisited. population, 310 living and 332 dead dead plants scattered across 4 adjacent Florence Area—Roadside populations individuals were recorded in 1987. This ridgelines on less than 5 ha (12.4 ac) of occur on less than 0.4 ha (1 ac) population was reduced to 150 land; no juveniles were found (Service collectively; any additional populations individuals by 1992, and was reduced to 2011b, p. 1). that may be present on private land approximately 75 individuals by 2006. Ninety-Six Hills—This population is occur on an unknown quantity of land. No juveniles were noted since 2008, in the vicinity of Florence on less than Roadside Population One—The 2011 when a few were seen. 1 ha (2.47 ac) of land. Parfit (1977, p. 1) site visit revealed 9 living and 2 dead • noted that plants here were common, individuals; no juveniles were found, Private Land—48 plants (37 near but very localized. Many plants of though all 9 were young healthy Ajo and 11 near Florence), or 1.4 various ages and sizes were noted, as individuals (Service 2011b, p. 2) percent of known individuals; estimated well as many dead plants. Engard (1977, Roadside Population Two—The 2011 from 2011 and other recent surveys. A p. 1) noted many seedlings and mature site visit revealed 2 living and 2 dead single population that was revisited on plants and also that the plants were individuals; no juveniles were found several occasions showed a total abundant locally. Rutman and (Service 2011b, p. 2) population of 102 individuals in 1996; Krausman (1988, p. 1) found 29 live There may be other locations on in 2006, 30 living and 33 dead plants plants and 6 dead plants in a 2-hour private lands unknown to Service or were found. In 2011, just 8 adult plants survey in the same general area. Breslin BLM botanists. and no juveniles were recorded from (2008, pp. 3–5) reported that in over 60 Sonora, Mexico this population. hours of survey effort in the area he had • located 45 plants, 1 seedling, and 17 Felger (2000, p. 208) noted the State Land—32 plants, or 0.9 dead plants. On March 20, 2008, the occurrence of the acun˜ a cactus between percent of known individuals; estimated Service plant ecologist found 11 live 3 and 18 km (2 and 11 mi) southwest from 2011 surveys. At one location in plants and 10 dead plants in a 3-hour of Sonoyta; no population estimates the 1990s, the population was estimated survey. In the same general area, C. were made. Surveys of 7 groups of to be 100 individuals; in 2008, only 20 Butterworth (2008, pers. comm.) found plants in this area from 2009 through living and many dead plants were found 32 live plants, of various sizes, except 2010 revealed 659 living and 942 dead with no juveniles seen. In 2011, 30 seedlings. He noted that seedlings were plants growing on approximately 1,700 living plants were recorded, including a very noticeably absent. A 2011 2-hour ha (4,200 ac) (Pate 2011, pers. comm.; new subpopulation previously not survey by three Service and BLM Pate 2011, map 1 and map 2). Pate recorded. No juvenile plants were botanists revealed no living and two (2012a, pers. comm.) noted seeing a few located in 2011. At a second location, in dead adults in this same general area small seedlings among these plants. 1977, plants were considered common (Service 2011b, p. 3). Because this Summary but localized, and the site supported population was not mapped with many plants of various ages and sizes. Geographic Information Systems, it is Presented below is the total estimate Surveys of this area in 2008 resulted in ˜ impossible to know if survey efforts in of living, dead, and juvenile acuna the location of 45 adult plants with no 1977, 1988, 2008, and 2011 were all cactus plants in populations visited over juveniles found. In 2011, no living multiple years, including census results conducted in the exact same location plants and two carcasses were located in from 2011 and from previous years if within this general area. Therefore, it is this same area. sites have not been revisited or not possible to conclude that this • population has been extirpated. population estimates not updated. Military BMGR—1 plant, or less Notable trends are the large amount of than 0.1 percent of known individuals Private Land mortality within the populations that in 1997; the site has not been revisited. have been visited more than once and Ajo Area—The combined area of these Summary of Factors Affecting the the low numbers of juvenile plants in multiple sites is less than 0.4 ha (1 ac) Acun˜ a Cactus (Rutman 2007, p. 1). the populations. • An isolated population near Darby NPS—2,000 plants, or 58.9 percent Section 4 of the Act (16 U.S.C. 1533), Wells was first reported by Heil and of known individuals; estimated in 2011 and its implementing regulations at 50 Melton (1994, p. 14). Fewer than 10 by NPS staff. This population estimate CFR part 424, set forth the procedures plants were found at this site in 2007 is down from 10,000 individuals for adding species to the Federal Lists (Rutman 2007, p. 4). There is no record estimated at this location in 1981. of Endangered and Threatened Wildlife if juveniles were among the plants Within the OPCNM plots, the number of and Plants. Under section 4(a)(1) of the recorded individuals peaked in 1991, found. The site has not been revisited. Act, we may list a species based on any On Indian Village Hill, there were 102 with 446 plants found. In 2011, 49 total of the following five factors: (A) The plants in 1996, when the population individuals including 10 juveniles were present or threatened destruction, was first recorded (Rutman 1996b, pers. noted within these plots. comm.). In 2006, 30 living and 33 dead • Sonora, Mexico—659 plants or 19.4 modification, or curtailment of its plants were found; in 2007, a quick percent of known individuals; estimated habitat or range; (B) overutilization for census noted fewer than 40 plants found from 2009 to 2010 surveys. Nine commercial, recreational, scientific, or (Rutman 2006, p. 1; Rutman 2007, p. 4). hundred and forty-two dead individuals educational purposes; (C) disease or There is no record if juveniles were were also recorded during this survey predation; (D) the inadequacy of among the plants found in either year. period. There are no previous estimates existing regulatory mechanisms; and (E) In 2011, eight living and seven dead from this population. A few juvenile other natural or manmade factors plants were recorded; no juveniles were plants were noted during the 2009 to affecting its continued existence. Listing found (Service 2011a, p. 1). 2010 survey period. actions may be warranted based on any There were 16 live and 19 dead plants • BLM—655 plants, or 19.3 percent of of the above threat factors, singly or in on Weather Tower Hill in 2006 (Rutman known individuals; estimated from 2011 combination. Each of these factors is 2006, p. 1). There is no record if and other recent surveys. At Coffeepot discussed below.

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Factor A. The Present or Threatened Florence containing acun˜ a cacti and Prosopis velutina (mesquite) Destruction, Modification, or populations have been for sale as woodcutting for coal production, brick Curtailment of Its Habitat or Range subdivided 16.2-ha (40-ac) parcels for foundries, and tourist crafts, and the Based on the habitat characteristics many years. With the recent economic lands’ subsequent conversion to exotic ´ described above, potential factors that downturn, it is unlikely this land will grasslands for cattle grazing (Suzan et al. may affect the habitat or range of the be sold in the near future. The only 1997, pp. 950, 955). This activity has acun˜ a cactus are: (1) Urban known private land populations where affected more than 193,000 ha (478,000 development and site degradation; (2) access is readily available are at 3 sites ac) of lands in the Sonoyta region near Ajo, totaling less than 0.4 ha (1 ac) (Nabhan and Suza´n 1994, p. 64). In a livestock grazing; (3) border activities; and supporting fewer than 40 study of ironwood extraction in (4) nonnative, invasive plant species; (5) individuals in total (Rutman 2006, p. 1; northern Mexico, the Sonoyta study mining; and (6) drought and climate Rutman 2007, pp. 1, 4; Service 2011a, p. sites exhibited the highest number of change. 1). In most of the privately owned damaged and dead trees, and had the Urban Development and Site locations, the sites are littered with lowest associated plant diversity (Suza´n Degradation broken glass, bottles, and trash; et al. 1996, p. 642). It is likely that The immediate threats from urban however, plants appear little impacted habitat parameters for the acun˜ a cactus development include the direct loss of by this habitat degradation (Service populations in Sonora are impacted by individuals and habitat. Indirect 2011a, p. 1; Service 2011b, p. 2). this activity, particularly because Indirect urbanization effects to the impacts of urban development include ironwood is considered a dominant areas that support the acun˜ a cactus ˜ fragmentation of acun˜ a cactus and associate of the acuna cactus (Phillips et include ORV activity, which has been associated pollinator populations, al. 1982, p. 5) and may serve as a nurse reported on BLM lands near both Ajo plant for a variety of cacti (Suza´n et al. which can reduce genetic vigor of the and Florence. These reports, however, 1996, p. 635). cactus and result in degradation and showed no impact on the acun˜ a cactus In addition, the actions of harvesting, fragmentation of habitat adjacent to populations in 1994 (Heil and Melton burning, loading, and transporting wood development. When development 1994, pp. 15–16), although habitat and charcoal can result in running over occurs, there is also an increased use of degradation and direct loss of individual acun˜ a cactus and causing habitat for recreational activity, which individuals is possible from this injury or mortality of plants, if such may also deplete habitat and result in activity. In 1988, the BLM closed the actions occur in areas supporting the mortality of individuals. The acun˜ a Coffeepot ACEC to recreational ORV use acun˜ a cactus. Also, human population cactus populations in OPCNM and the (BLM 2011, p. 194) and, in 1990, growth and development in the border Sonoran Desert National Monument are prohibited ORV use outside of region between the United States and protected from the immediate threats designated trails within the Sonoran Mexico has risen in recent decades associated with urban development due Desert National Monument (BLM 2011, (Brown and Caldwell 2008, pp. 1–6); it to their National Monument status. p. 181). In 2011, the BLM Lower is reasonable to conclude that the direct National Monuments are lands set aside Sonoran Field Office released a Draft and indirect effects of urbanization are and managed to protect the natural and Resource Management Plan and likely to increase threats to the acun˜ a cultural resources within; development Environmental Impact Statement (Draft cactus populations in this region. The is minimal, though some site RMP/EIS) for review (BLM 2011, entire). populations are currently split by a degradation may still occur. This document supports the continued major highway, Interstate 8, and a To meet the country’s energy prohibition of ORVs outside of power transmission line; many plants demands, there has been a recent designated trails within the Sonoran occur within 200 m (660 ft) of these emphasis by the Federal Government to Desert National Monument (BLM 2011, corridors (Pate 2011, map 1 and map 2). use BLM lands for development of p. 181). Within the Coffeepot ACEC, In summary, the direct and indirect renewable energy. Currently, there are alternatives for motorized travel range effects of urbanization are threats to a no planned solar or wind energy from no use to limited use on existing portion of the known populations of the projects on or near populations of the routes, but all alternatives restrict travel acun˜ a cactus. However, these effects are acun˜ a cactus in the Sauceda, Sand off of existing routes, thereby reducing currently limited to the acun˜ a cactus Tank, or Mineral Mountains (Werner the potential for impacts to the acun˜ a populations in the vicinity of Ajo and 2011, pers. comm.). In addition, most cactus (BLM 2011, pp. 181, 185–188). Florence in the United States and in the populations on BLM lands are remotely Once finalized, the new RMP/EIS for the immediate border region of Sonora, located and relatively inaccessible; Lower Sonoran and the Sonoran Desert Mexico. These areas collectively make therefore, we do not anticipate National Monument will remain in up less than 21 percent of known living development in these areas. effect for the next 15 to 20 years acun˜ a cactus individuals across the As Arizona’s population is expected (Foreman 2011, pers. comm.). The range of the acun˜ a cactus. The majority to continue to grow in the future, both impacts of ORV activity on State or of the range in the United States is Pinal County and the State Land private lands are unknown; for ORV protected from urban development Department are promoting urban activity within the border region, see the because populations are on Federal development in the vicinity of Florence discussion below of border activities. lands, where little or no development (Pinal County 2009, pp. 4, 60, 94; In Sonora, Mexico, scattered will take place. In addition, most Guthrie et al. 2011, p. 1). When the populations of the acun˜ a cactus occur populations of the acun˜ a cactus are housing market rebounds, it is likely within 10 km (6.2 mi) of the town of relatively remote or otherwise protected that additional State lands in this area Sonoyta. Although the area is reported from the effects of urbanization. We will be sold for urban development to be little-used and unoccupied except conclude that urban development and (Pinal County 2009, p. 42; Guthrie et al. by drug and human smugglers (Pate site degradation is not currently a threat 2011, p. 2). In the vicinity of Florence, 2011, pers. comm.), in recent decades to any entire population of the acun˜ a there are no current plans for and as a result of human demand, the cactus. As a result, based on our review development of State lands known to Sonoyta region has been heavily of the available information, we support acun˜ a cacti. Private lands near impacted by Olneya tesota (ironwood) conclude that the direct and indirect

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effects associated with urbanization are relatively pristine conditions with no Alternative E, the BLM’s preferred not threats to the acun˜ a cactus and its immediate threat to the acun˜ a cactus alternative, current grazing levels and habitat. plants. At that time, however, the timing would remain the same, but population of acun˜ a cactus within the livestock facilities could be developed Livestock Grazing Coffeepot ACEC in the vicinity of with the aim of improving natural In general, grazing practices can permanent monitoring plots was resource conditions through greater change vegetation composition and reported to have substantial animal distribution of livestock (BLM 2011, p. abundance and cause soil erosion and activity from cattle, javelina, and 171). It is unclear if additional tanks compaction, reduced water infiltration jackrabbits, with browsing, grazing, and would, as is implied, relieve pressure on rates, and increased runoff soil disturbance noted (Rutman et al. the acun˜ a cactus populations; it is also (Klemmedson 1956, p. 137; Ellison 1987, p. 2). Anderson (2011, entire) unclear if this would increase the 1960, p. 24; Arndt 1966, p. 170; Gifford noted no habitat impacts from grazing in overall number of cattle (or burros) in and Hawkins 1978, p. 305; Waser and this population during yearly visits from the area or the amount of land impacted, Price 1981, p. 407; Robinson and Bolen 1994–2011. This population is the thus potentially impacting more acun˜ a 1989, p. 186; Holechek et al. 1998, pp. farthest population from a single cattle cactus populations. Whichever 191–195, 216; and Loftin et al. 2000, pp. tank (see below) within the ACEC, and alternative is ultimately chosen, the 57–58). These anticipated effects leave therefore is less subjected to livestock finalized version of this management less water available for plant production pressure. plan will remain in effect for 15 to 20 (Dadkhah and Gifford 1980, p. 979). In In 1970, a cattle tank named Conley years after signing later in 2012 addition, livestock can step on or knock Reservoir was established within the (Foreman 2011, pers. comm.). over individual acun˜ a cactus. Although Coffeepot ACEC boundary prior to the In 2001, Presidential Proclamation other species of cacti may be good ACEC designation and remains today 7397 (Clinton 2001, entire) created the survival forage for livestock (Vega- (Foreman 2012, pers. comm.). A Sonoran Desert National Monument; Villasante et al. 2002, p. 499), herbivory population of acun˜ a cactus very near one population of acun˜ a cactus of the acun˜ a cactus has not been this tank was visited by the BLM containing 5.9 percent of known living reported. Livestock grazing levels and botanist in 2010, who found abundant acun˜ a cacti occur in the Sand Tank habitat condition vary greatly between prickly pear (Opuntia spp.), which are Mountains. This area was designated for populations due to varied land known to increase with disturbance and military purposes in 1941, and has had ownership and management. A are often cited as an indicator of poor no livestock grazing for over 60 years discussion of populations arranged by range condition (Anderson 2011, p. 2; (Clinton 2001, p. 2). During a site visit land management agency follows. Johnson 2000, entire). A site visit in in 2006, no habitat impacts from National Park Service—Beginning in 2011 by Service and BLM botanists livestock were reported from this the early 1900s and continuing through found habitat impacts such as soil location (Anderson 2011, p. 2). The the 1970s, lands within OPCNM were disturbance from both cattle and feral current livestock management regime of grazed heavily, with as many as 3,000 burros; however, no acun˜ a cactus plants no livestock being permitted within the head of cattle and hundreds of burros appeared to be directly impacted by Sonoran Desert National Monument present at a time when carrying capacity these animals (Service 2011a, p. 3). Sand Tank Mountains acun˜ a cactus was estimated to be 314 cattle per year Feral burros also impact vegetation on population will be maintained for at (Rutman 1997, p. 364; NPS 2011b, neighboring military lands (see least the next 15 to 20 years (BLM 2011, entire). Grazing by domestic animals Department of Defense section below). pp. 36–40; Foreman 2011, pers. comm.). was halted per NPS policy and has not The new BLM Draft RMP/EIS has Department of Defense—A single occurred within OPCNM since 1976 implications for future livestock acun˜ a cactus plant was found on BMGR (NPS 1997, p. 33). Lands here continue management within the Coffeepot ACEC approximately 1 km (0.62 m) to the to recover slowly after loss of soils and and the Sonoran Desert National north of a known population within the vegetation and may take many decades Monument (BLM 2011, entire). BLM Coffeepot ACEC (Geraghty et al. or centuries to recover fully (NPS 2001, According to this document, under 1997, p. 5). Livestock grazing is not pp. 27, 124). Currently, OPCNM Alternative A (the no action alternative), authorized on the BMGR, though some supports the largest population of the livestock grazing within the ACEC trespass cattle do occur (Whittle 2012, acun˜ a cactus (59 percent of known would not change from the current pers. comm.). Feral burros on BMGR are living acun˜ a cactus individuals), and we regimes with no livestock facility a concern, however, and BMGR are not aware of historical effects to the development permitted (BLM 2011, pp. managers plan to implement a burro population as a result of past livestock 32, 141). Under Alternative B, livestock trapping program in the spring of 2012, grazing. grazing only in times of suitable forage in an attempt to reduce damage to Bureau of Land Management—All production (ephemeral) would continue vegetation (Whittle 2012, pers. comm.). four populations of the acun˜ a cactus on to be considered, but perennial stocking Arizona State Trust Lands (State BLM lands in the Sauceda Mountains rates would be reduced by land)—Populations of acun˜ a cactus on have been managed since 1988 in the approximately 40 percent, and no State land in the Mineral Mountains are Coffeepot ACEC, which attempts to livestock facilities would be developed subject to grazing; two land sections apply grazing management practices to that would increase livestock use within containing this species are collectively ensure perpetuation of botanical the area (BLM 2011, pp. 33, 196). Under part of a larger 6,118-ha (15,118-ac) diversity within the area and prohibits Alternative C, grazing allotments grazing lease with a total carrying the development of livestock facilities designated as perennial/ephemeral capacity of 118 animal units (Sommers that would serve to increase livestock would be reclassified as perennial only, 2012, pers. comm.). Three individual use within the area (BLM 2011, p. 141). with no supplemental ephemeral acun˜ a cacti from this group of Collectively these four populations grazing applications considered (BLM populations overlap onto adjacent BLM make up 13.1 percent of known living 2011, p. 34). Under Alternative D, all land. This BLM land, which is not acun˜ a cactus individuals. In 1987, when allotments currently open to grazing fenced from adjacent State land, has a speaking of the then proposed Coffeepot would become unavailable as permits total permitted number of cattle of 357 ACEC, Olwell (1987, p. 1) noted expire (BLM 2011, p. 35). Under year long, though the lessee did not run

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the full amount of animals in 2011 2011, pers. comm.). Sonora maintains area that is closed to visitors due to (Tersey 2012, pers. comm.). During a 19.4 percent of the known acun˜ a cactus dangers of drug and human smuggling; 2011 site visit, the habitat appeared individuals across the range; their in addition, for many years, OPCNM unaltered by livestock, and no cattle recent decline, as evidenced by nearly natural resource staff have not been were seen (Service 2011b, p. 1). 1,000 dead plants counted in 2010, has allowed to access the area without LE Three additional land sections near not been attributed to livestock. personnel accompanying them. Box O Wash containing this species are In summary, 64.9 percent of acun˜ a Significant impacts may occur when collectively part of a lease of 12,369 ha cactus individuals occur within lands travel moves off existing roads causing (30,565 ac) with a total carrying capacity protected from cattle grazing either by vegetation destruction, soil compaction of 236 animal units (Sommers 2012, NPS or BLM National Monument status. (Duncan et al. 2010 p. 125), and, pers. comm.). Both leases incorporate In areas occupied by the acun˜ a cactus potentially, direct mortality of the acun˜ a State and BLM lands, although in this where livestock grazing does occur, cactus by running over individuals, area the species has been found on State impacts from livestock do not appear to although no direct impacts to acun˜ a lands and not the associated BLM lands. be a consistent or significant threat to cactus have been observed. Staff at No livestock were seen during the populations. Based on our review of the OPCNM note that roughly 2 years ago, November 2011 site visit to this available information, we conclude that, two vehicle tracks and associated population (Service 2011b, p. 3). Only although there is evidence that grazing articles of clothing from cross-border two dead individual acun˜ a cacti were impacts to the acun˜ a cactus do occur, violators were found within one of the found, and neither appeared to have we do not believe that these effects six 20 by 50 m (66 by 164 ft) acun˜ a been knocked over by cattle (Service occur to such an extent that livestock cactus long-term monitoring plots 2011b, p. 3). In the past, Rutman and grazing is a threat to the acun˜ a cactus (Holm 2012a, pers. comm.). Although Krausman (1988, p. 1) recommended and its habitat. no individual plants were reported to that this State land habitat could benefit Border Activities have been run over in this instance, the from improved livestock management, occurrence of the activity within this Over the past decade or more, tens of as cattle trails there were numerous proximity to acun˜ a cactus individuals thousands of people illegally attempt during a 1988 site visit. In a 2008 site supports our conclusion that impacts crossings of the U.S.-Mexico border into visit, it was noted that quite a few of the from cross-border violators and border Arizona annually (cross-border dead acun˜ a cactus plants may have been enforcement may negatively impact the violators) (Service 2011c, p. 14). As a knocked over by livestock (Service species and could be a threat. 2008b, p. 1). It is unknown what the result of increased U.S. Customs and grazing lease or animal units were for Border Protection (CBP) in the Douglas, In 2006, a vehicle border fence was this period of time. In 2011, several Arizona, area, and in San Diego and completed in OPCNM. This fence has individuals were noted to have grown southeastern California, cross-border significantly reduced vehicular traffic additional arms following the loss of the violator traffic has shifted into remote from illegal entrants. The Biological growing tip (Service 2011b, pp. 3–4). desert areas such as OPCNM (Service Opinion for the Ajo Forward Operating This was possibly due to mechanical 2011c, p. 14). For example, in 2001, an Base Expansion reported personal damage caused by cattle, a beneficial estimated 150,000 people entered observations by NPS and Service adaptation to disturbance noted OPCNM illegally from Mexico (Service employees that the number of off-road previously by Phillips et al. (1982, p. 6). 2011c, p. 14). With the increase in tracks and new roads continues to The populations on State land represent technology, border fencing, and increase (Service 2011c, p. 19). These just 0.9 percent of known living acun˜ a manpower between 2001 and 2012, new off-road tracks and roads are cactus individuals. Although livestock these numbers are down considerably, believed to be the result of CBP grazing on State lands may benefit from with 6,218 arrests of cross-border response by vehicle, horseback, and foot improved management, the impacts to violators from OPCNM in the year 2011 to cross-border violators, who are the acun˜ a cacti are small. (Oliver 2012, pers. comm.). Although travelling primarily on foot (Service Private—Populations of the acun˜ a the number of arrests does not represent 2011c, p. 19). By 2011, OPCNM cactus on private lands near the town of all those who attempted to enter personnel had mapped thousands of Ajo were noted to occur in degraded OPCNM illegally, this number is miles of unauthorized off-road impacts habitat with low species richness; these suspected to be considerably less than from cross-border violators, CBP, and LE sites were suspected to have had a reported in 2001. Despite the fact that activities (Service 2011c, p. 18). Staff at grazing history of severe use (Rutman these numbers are down due to OPCNM has been compiling data on off- 1995, p. 1). Those acun˜ a cacti on private enforcement and deterrence efforts by road traffic and mapping unauthorized lands near Florence are in an unknown the CBP, the thousands of people roads on OPCNM for a report. Prior to condition, as they are not typically crossing through the border area finalizing the determination on listing visited by Service staff. Two roadside illegally still represent a substantial the acun˜ a cactus, this report will have populations visited in 2011 had four impact to the resource. been completed and will be considered dead plants and 13 healthy plants More than 78 percent of the known in the final determination. Although collectively; all dead plants seemed to living acun˜ a cactus individuals occur most of the unauthorized roads were have died from drought or insect attack, within 16.5 km (10.25 mi) of the border created prior to construction of vehicle although one population did contain in either OPCNM or Sonora, Mexico. and pedestrian fences along the U.S.— evidence (feces) of cattle use (Service Cross-border violators, CBP, and NPS Mexico international border, it is not 2011b, p. 2). Private lands account for Law Enforcement (LE) activity in this known if the additional roads were just 1.4 percent of known living acun˜ a area may degrade acun˜ a cactus habitat created after the construction of the cactus individuals. by creating new roads and trails, border fences. In 2011, NPS staff noted Mexico—In Mexico, researchers disturbing vegetation and soils, and no new heavily utilized routes due to report livestock grazing in parts of the moving exotic plant seeds or plant parts, off-road travel by vehicles, but staff did Sonora range (Stoleson et al. 2005, p. leading to their spread into unoccupied state that single vehicles drive across 60), but mostly the habitat remains areas (Duncan et al. 2010, p. 124). At habitat, and individual acun˜ a cactus little-used and unoccupied land (Pate OPCNM, the acun˜ a cactus occurs in an plants may be driven over. There is no

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evidence that acun˜ a cacti have been plant species, a survey must be include: creation of new roads and harmed, but damage to larger plants has conducted and a sufficient buffer trails; disturbance of associated been documented due to similar activity created to protect any plants found vegetation including nurse plants and (Rutman 2011, pers. comm.). In (HDR 2012, pp. 4–3). microclimates; compaction or erosion of cooperation with Service staff, CBP has Illegal drug and human smuggling soils; movement of nonnative, invasive begun efforts to educate Border Patrol also adversely affects the area of the plant seeds and plant parts; and the agents on the locations and appearance Coffeepot ACEC, but the area is less potential to cause direct mortality to of acun˜ a cactus so that the areas that impacted than other border areas (BLM individuals by running over plants with support the plant can be avoided to the 2011, p. 344). This is likely the case vehicles. Therefore, based on our review maximum extent possible. Designated with the other populations on private of the available information, we critical habitat in OPCNM will be and BLM lands near Ajo and Florence. conclude that cross-border violators, marked on road atlases being prepared Within BMGR, cross-border violators CBP, and LE off-road activities are a by OPCNM staff and provided to the and associated activities represent a threat to the acun˜ a cactus and its agents patrolling in the OPCNM area. significant threat to natural and cultural habitat. A system of sensors and resources within the BMGR, including communication towers is currently in having widespread and adverse effects Nonnative, Invasive Plant Species place and is being expanded within the on soil and hydrology (U.S. Throughout the Sonoran Desert border region; this technology improves Departments of the Air Force and Navy ecosystem, invasions of the introduced deterrence, detection, and apprehension 2007, pp. 3–11). We are aware of no Pennisetum ciliare (buffelgrass), Bromus of cross-border violators entering or instances of illegal activity or law rubens (red brome), Eragrostis attempting to enter the United States enforcement activity impacting the lehmanniana (Lehmann lovegrass), illegally (Service 2009, p. 5). It is populations near Florence. The Service Schismus barbatus (Mediterranean expected that with increased (2008b, p. 1) noted that little to no grass), and Pennisetum setaceum communication and sensor tower human activity, including ORV use, was (crimson fountaingrass) have altered technology, there will be a reduction in observed during a 2008 site visit to nutrient regimes; species composition the need for CBP agents to patrol the these populations. and structure; and fire frequency, area, thus reducing circumstances The acun˜ a cactus populations across duration, intensity, and magnitude requiring vehicles to drive off of the border from OPCNM, in Mexico, (Brooks and Pyke 2001, p. 5). Although authorized roads (Service 2009, p. 16). occur on land that is little-used, most of these species were intentionally CBP agents on foot or on horseback may unoccupied, and subject to heavy traffic introduced as forage for livestock, as conduct off-road pursuit of suspected by drug and human smugglers (Pate erosion control, or as ornamentals, each cross-border violators at any time, 2011, pers. comm.). This area was is now considered invasive and a threat including in areas designated or reported to be not very safe, and to this ecosystem (Bu´ rquez-Montijo et recommended as wilderness (Service warnings were given to Service al. 2002, entire). Species such as 2009, p. 17). However, where there are personnel not to travel to this location buffelgrass are expected to increase their exigent or emergency circumstances, alone (Larios 2011, pers. comm.). In range even with continued and CBP agents may conduct motorized off- 1993, the Mexican government predicted drought events (Ward et al. road pursuit of cross-border violators, established Pinacate Biosphere Reserve, 2006, p. 724). It is generally thought that including in areas designated or a 7.7-million ha (1.9-million-ac) reserve invasion by exotic annual grasses will recommended as wilderness. Where for the region’s flora, fauna, geology, continue unchecked in the Sonoran such motorized pursuits are necessary, and archeology preservation. A portion Desert ecosystem in the future, reducing CBP has committed to using the least of the acun˜ a cactus individuals in native biodiversity through direct intrusive or least damaging vehicle Sonora occur within the Pinacate competition and alteration of nutrient readily available, without compromising Biosphere Reserve. It is unknown what, and disturbance regimes (Franklin and officer or agency safety. if any, protection this designation Molina-Freaner 2010, p. 1671). There are no existing or proposed provides the acun˜ a cactus. Herbarium sheets contain labels that communication towers near any acun˜ a In summary, the two areas containing give information regarding where a cactus populations within OPCNM; the largest number of living acun˜ a specimen was collected, by whom, however, human traffic patterns have cactus (78 percent of the known living when the collection was made, and changed since the installation of towers acun˜ a cactus individuals) occur along additional information such as what in and near OPCNM. This change of the U.S.-Mexico border (in OPCNM and plant species were found in association pattern has created a larger impact Sonora, Mexico). Within populations, with the collected specimen. There are footprint due to traffic moving farther acun˜ a cacti are typically spaced within no exotic species noted as associates on from towers. In addition, 3 m (9.8 ft) of each other, and thus 39 of the 40 acun˜ a cactus specimen communication and sensor towers and vehicle traffic through any population herbarium sheets located at the Arizona associated tactical infrastructure require could potentially impact many State University, University of Arizona, maintenance and repair. Species individuals. This area is heavily or San Juan College Herbarium proposed for listing, such as the acun˜ a impacted by cross-border violators, CBP, collections (ARIZ 2011, entire). These cactus, could be directly affected by and LE activity, as evidenced by the collections cover the range of the acun˜ a repair and maintenance of this tremendous increase in illegal roads and cactus and date from 1952 through infrastructure if maintenance vehicles trails documented by agencies along the 2009. There was one specimen collected traveled off of approved access routes. border. To date, no individual acun˜ a in 1982 that lists the exotic annual red However, CBP has committed to use cactus plants are reported to have been brome grass as an associate. Although only approved access routes for these lost to these activities; however crimson fountaingrass found on nearby maintenance activities. Therefore, these reporting from this area is inconsistent. property was reported to be a possible effects would be negligible for acun˜ a With anticipated continued border threat to the acun˜ a cactus near Ajo (Falk cactus. In addition, if these maintenance activity in the area, it remains possible 2005, pers. comm.), no exotic grasses and repair activities occur in that acun˜ a cactus individuals and their were noted within the Ajo, Little Ajo undisturbed areas in the habitat of listed habitat will be impacted. These impacts Mountains, or Coffeepot ACEC habitats

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during field surveys in October 2011 and nonmetallic minerals will continue the future that could affect acun˜ a cactus (Service 2011, p. 4). One researcher to be allowed within the Coffeepot populations near Florence, Ajo, and in familiar with all known populations of ACEC under the revised Draft RMP/EIS the Coffeepot ACEC. However, these the acun˜ a cactus noted no associated (BLM 2011, pp. 154, 155, 196, 197), effects will occur in limited areas that threats from exotic plant species in any there is the continued potential for some do not support a majority of known population (Baker 2011, pers. comm.). loss of individual acun˜ a cactus and individual acun˜ a cactus. The acun˜ a In addition, researchers at OPCNM fragmentation of acun˜ a cactus and cactus populations will remain well noted no present threats from any exotic associated pollinator populations and distributed across their range even if plant species either within OPCNM or habitat. There are no known mining future mining activities affect a few in populations of the Sonoran Desert activities planned on BLM properties, populations. Therefore, based on our National Monument (Rutman 2011, though a BLM parcel adjacent to review of the available information, we pers. comm.). populations on State lands near conclude that current and future mining In summary, we have reviewed the Florence may host a gravel mining activity is not a threat to the acun˜ a available information on the effects of operation in the future (Service 2011b, cactus and its habitat. and occurrence of nonnative, invasive p. 1). plants in or near populations of the Mining activity on private land near Drought and Climate Change acun˜ a cactus in southern Arizona and in Ajo has a long history; the New Cornelia Our analyses under the Act include Mexico. Known populations of the copper mine was one of the first open consideration of ongoing and projected acun˜ a cactus are well distributed across pit mines in Arizona dating to 1854 changes in climate. The terms ‘‘climate’’ southern Arizona and northern Sonora (Arizona Mining Association 2011, and ‘‘climate change’’ are defined by the and occur in areas subject to effects entire). This mine was closed in 1985, Intergovernmental Panel on Climate from nonnative, invasive plant species. and a 2008 investigation by company Change (IPCC). ‘‘Climate’’ refers to the However, there are no populations of owners determined the mine would not mean and variability of different types the acun˜ a cactus that currently show be reopened due to current economic of weather conditions over time, with 30 evidence of effects from nonnative, conditions (Ajo Copper News Oct 29, years being a typical period for such invasive species, and just one 1982 2008). As of 2012, the mine remains measurements, although shorter or report indicates the presence of an closed. longer periods also may be used (IPCC exotic plant as an associate of the acun˜ a The small populations of the acun˜ a 2007, p. 78). Thus, the term ‘‘climate cactus. While nonnative, invasive cactus that remain in Ajo may have been change’’ refers to a change in the mean species could negatively impact this part of a much larger population that or variability of one or more measures species, our review of the best available occurred before mining activity began, of climate (e.g., temperature or information indicates nonnative species but there are no survey records for this precipitation) that persists for an do not co-occur with the acun˜ a cactus species in the area prior to mining extended period, typically decades or presently; therefore we conclude activity. As a result, it is unclear to what longer, whether the change is due to nonnative, invasive species do not pose extent the acun˜ a cactus and associated natural variability, human activity, or a threat to the acun˜ a cactus and its habitat were removed due to historical both (IPCC 2007, p. 78). Various types habitat. mining in this area, but there was of changes in climate can have direct or certainly some loss of individual acun˜ a indirect effects on species. These effects Mining cactus and habitat. Rutman (1995, p. 1) may be positive, neutral, or negative, The immediate threats from mining noted that on the east side of the Ajo and they may change over time, activity include the direct loss of rock dump, roads, wells, prospecting depending on the species and other individuals and habitat. Indirect holes, rock piles marking mining claims, relevant considerations, such as the impacts of mining activity include and past use of explosives occurred effects of interactions of climate with fragmentation of acun˜ a cactus and immediately adjacent to the acun˜ a other variables (e.g., habitat associated pollinator populations, cactus plants. Rutman (2006, p. 1) noted fragmentation) (IPCC 2007, pp. 8–14, which can reduce genetic vigor of the that habitat was lost when Indian Hill 18–19). In our analyses, we use our cactus and result in degradation and Village Road was built and that expert judgment to weigh relevant fragmentation of habitat and dusting of occupied habitat may also have been information, including uncertainty, in individual cacti adjacent to mines and lost where the following buildings and our consideration of various aspects of associated roads. The acun˜ a cactus infrastructure now occur: Assembly of climate change. populations in OPCNM and the Sonoran God Indian Mission, New Cornelia Climate change will be a particular Desert National Monument are mine, parking lot for the mine lookout, challenge for biodiversity because the protected from the immediate threats baseball diamond, and the large interaction of additional stressors associated with mining due to their informal parking lot to the north of the associated with climate change and National Monument status (NPS 1997, hill. It is possible that these populations current stressors may push species pp. s–iii; BLM 2011, p. 12). Currently on were at one time connected with the few beyond their ability to survive (Lovejoy the Coffeepot ACEC, mineral plants to the southeast of the open pit 2005, pp. 325–326). The synergistic exploration and mining are encouraged mine on BLM land. There is little doubt implications of climate change and (BLM 1988, pp. 55 and 71). The 2011 that the historical size and range of the habitat fragmentation are the most Draft RMP/EIS for the Sonoran Desert Ajo area populations of acun˜ a cactus threatening facet of climate change for National Monument proposes to have been reduced. biodiversity (Hannah et al. 2005, p. 4). continue the mining closure within the Mining threats on private lands near Current climate change predictions for Sonoran Desert National Monument Florence are unknown. Threats from terrestrial areas in the Northern (BLM 2011, p. 181). However, within mining to the acun˜ a cactus plants in Hemisphere indicate warmer air this same document, alternatives Mexico are unknown. temperatures, more intense outlined for the Coffeepot ACEC allow We are aware of no acun˜ a cactus precipitation events, and increased for mining activities, but with various populations that are currently impacted summer continental drying (Field et al. restrictions depending on the alternative by active mining. It is reasonable to 1999, pp. 1–3; Hayhoe et al. 2004, p. selected. Because mining of metallic project that some mining will occur in 12422; Cayan et al. 2005, p. 6; Seager et

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al. 2007, p. 1181). Climate change may historic baseline period of 1960–1979 succulents, stem swelling and shrinking lead to increased frequency and (Karl et al. 2009, p. 129). The frequency is typical with rain–drought cycles duration of severe storms and droughts and intensity of high temperature (Mauseth 2000, p. 1107). At OPCNM, (Golladay et al. 2004, p. 504; extremes will increase, and heat waves monitored acun˜ a cactus individuals McLaughlin et al. 2002, pp. 6072–6074; currently considered rare will become were reported to have shrunk in size Cook et al. 2004, p. 1015). more common (Karl et al. 2009, pp. 33– from one year to the next, and The current prognosis for climate 34). This region has experienced researchers noted shrinking individuals change impacts in the American drought conditions since 1998 (Bowers may be dying (Ruffner 1989, p. 1). In Southwest includes fewer frost days; 2005, p. 421; Western Region Climate addition, 1986 datasheets from warmer temperatures; greater water Center (WRCC) 2012, entire). Annual monitoring plots at OPCNM categorized demand by plants, animals, and people; mean precipitation levels are expected cacti based on health of the individual; and an increased frequency of extreme to decrease in western North America one category from the time was weather events (heat waves, droughts, and especially the southwestern States ‘‘desiccated’’ (dried out) (Buskirk 1986, and floods) (Weiss and Overpeck 2005, by midcentury (IPCC 2007, p. 8; Seager pers. comm.). Although such descriptive p. 2074; Archer and Predick 2008, p. et al. 2007, p. 1181; Girvetz et al. 2009, categories have not been in use in 24). How climate change will affect entire). The current trend in the monitoring for some time, OPCNM staff summer precipitation is less certain, Southwest of less frequent, but more note their importance and would like to because precipitation predictions are intense, precipitation events leading to reinstate them in future monitoring based on continental-scale general overall drier conditions is predicted to (Holm 2012b, pers. comm.). In addition, circulation models that do not yet continue (Karl et al. 2009, p. 24). The plants already stressed from prolonged account for land use and land cover levels of aridity of recent drought drought are more susceptible to insect effects or regional phenomena, such as conditions and perhaps those of the attack and disease (Mattson and Haack those that control monsoonal rainfall in 1950s drought years will become the 1987, p. 110), and such attack is the Southwest (Weiss and Overpeck new climatology for the southwestern prevalent in all acun˜ a cactus 2005, p. 2075; Archer and Predick 2008, United States (Seager et al. 2007, p. populations across their range (see pp. 23–24). Some models predict 1181). In summary, the drought the discussion in Factor C. Disease or dramatic changes in southwestern southwestern United States has been Predation). Mortality in measured plots vegetation communities as a result of experiencing since the late 1990s is the at OPCNM was most severe in 1993, climate change (Weiss and Overpeck worst in over 100 years and is being when 40 adults were lost, and again in 2005, p. 2074; Archer and Predick 2008, exacerbated by record warming (Karl et 1997, when 53 adults were lost; both of p. 24), especially as wildfires carried by al. 2009, p. 130). these were years with dry summers nonnative plants (e.g., buffelgrass) Heat stress in adult cacti is minimal (WRCC 2012, entire). In the last decade, potentially become more frequent, compared to other plant species as they 78 adults were lost in these plots, and promoting the presence of invasive, are able to survive heat stress due to 25 of these losses occurred in the very exotic species over native ones (Weiss both morphology and metabolism dry year of 2007 (WRCC 2012, entire). and Overpeck 2005, p. 2075). The (Smith et al. 1984, pp. 647, 650; Wahid During this same 10-year period, 31 new Sonoran Desert has experienced drought et al. 2007, p. 199). In a study of adults were recorded as additions to the conditions since 1998 (Bowers 2005, p. Sonoran Desert cacti, Smith et al. (1984, population through recruitment (NPS 421; WRCC 2012, entire). Recent trends pp. 647, 650) found that short cacti 2011a, p. 2). for the region predict that climate of the (such as the acun˜ a cactus) and massive region will become much drier in the cacti had higher heat tolerance than In addition to the health of adult next 2 to 3 decades (Schwinning et al. most other cacti species studied, and individuals, drought is directly related 2008, p. 14–15). The impact of current more than vascular plants overall. They to acun˜ a cactus population health with and future drought, which may be long- also found heat tolerance varied with regard to reproduction and term and severe (Seager et al. 2007, pp. stem orientation, stem diameter, and establishment. In his 3-year study of the 1183–1184; Archer and Predick 2008, location on the landscape including a reproductive ecology of the acun˜ a entire), will continue to affect the acun˜ a portion of the species’ range (Smith et cactus, Johnson (1992, pp. 403, 405) cactus and its habitat throughout its al. 1984, p. 649). Extreme temperatures concluded that the positive association range. can, however, negatively impact of rainfall and annual variation in the Climate change is likely to affect the seedling survival in many Sonoran number of flowers produced indicates long-term survival and distribution of Desert plants, and drought coupled with that water availability limits flower native plant species, such as the acun˜ a high temperatures lessens temperature production in this species. Although cactus, through changes in temperature tolerance in seedlings (Nobel 1984, pp. Johnson cites yearly precipitation in and precipitation. Over the past 40 to 50 310, 316). We found no additional relation to flower production, it seems years, the United States has experienced information on projections for cacti in more likely that winter precipitation is more extreme weather events, heat general, or the acun˜ a cactus in the driving factor, as flowers are waves, and regional droughts than in particular, indicating the impacts of produced early in the spring following previous decades (Karl et al. 2009, p. increased heat stress combined with winter precipitation events. Within 27). The southwestern United States has increasing drought stress as climate monitoring plots established by Buskirk experienced the greatest temperature models project. We do know, however, in 1977 (Buskirk 1981, p. 1), total increase in the continental United that drought or high temperatures alone flowers counted peaked at 902 in 1992 States; average temperatures increased can damage non-cacti species, and the (Holm 2006, p. 10); corresponding approximately 0.8 degrees Celsius (°C) combination causes more detrimental precipitation during the winter of 1992– (1.5 degrees Fahrenheit (°F)) compared interactive effects on these plants than 1993 was 29.7 cm (11.66 in) (WRCC to a 1960 to 1979 baseline (Karl et al. either stressor independently (Huang 2012, entire). By comparison, in the last 2009, p. 129). By the end of this century, and Jiang 2002, p. 288). 10 years of measurement, the average temperatures averaged across the We are aware of several reports of number of flowers counted in these Southwest region are expected to warm drought stress apparent on individual plots was 198 (Holm 2006, p. 10); the a total of 2 to 5 °C (4 to 10 °F) above the acun˜ a cactus. In cacti and other corresponding average winter

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precipitation during these years was 9.7 major population declines have habitat due to off-road border activities, cm (3.8 in) (WRCC 2012, entire). occurred across the acun˜ a cactus range drought, and climate change, are threats Resource limitation may affect the over the past 30 years. It appears that a to the acun˜ a cactus and its habitat. acun˜ a cactus seed set through ovule combination of drought stress, warmer Factor B. Overutilization for abortion (Johnson 1989, p. 11). Because winters, and insect attack (see Factor C. Commercial, Recreational, Scientific, or flowering commences in early March Disease or Predation, below) have Educational Purposes and fruiting commences in late April reduced adult plant numbers, while (Johnson 1989, pp. 5, 8), it is likely also heat stress, lack of precipitation, and Unauthorized collection has, in the that winter precipitation is correlated seed predation (see Factor C. Disease or past, been identified as a threat to the with fruit set. Fruit production was Predation, below) have combined to acun˜ a cactus (Phillips et al. 1982, p. 9; monitored at the OPCNM plots reduce or halt reproduction. Because the Phillips and Buskirk 1982, p. 2; Rutman beginning in 2004, and has shown current drought is occurring on a 1996a, pers. comm.; Rutman 2007, p. 6). considerable variation since that time, regional scale, and because climatic At OPCNM, a large number of with a low of 29 fruits produced in models predict future regional droughts, individuals are located adjacent to 2007, when total winter precipitation it is likely that all populations of the Puerto Blanco Drive, which was was 6.8 cm (2.69 in) and, a high of 361 acun˜ a cactus will continue to decline formerly a scenic loop drive. Although fruits produced in 2005, when winter due to drought and the effects of climate historically collection is suspected to precipitation was 16.4 cm (6.47 in) (NPS change. In addition, it appears that have occurred in this population 2011a, p. 1; WRCC 2012, entire). drought and climate change in (Buskirk and Phillips 1983, pers. Johnson (1989, pp. 5, 12) determined combination with insect damage and comm.; Rutman 1996a, pers. comm.), that acun˜ a cactus seedling survival was predation, as a combined effect, is the the significance of this past collection dependent on summer precipitation and more likely scenario for rangewide level varies. Buskirk (1981, p. 5) noted that he that soil moisture availability limits the impacts to acun˜ a cacti (see Factor C. did not believe collection was a distribution of the species. Rice (2001, Disease or Predation, below). Most, if significant source of mortality between pers. comm.) noted that in greenhouse not all, of the acun˜ a cactus populations 1977 and 1981, yet Phillips and Buskirk trials of the acun˜ a cactus, seedlings and are impacted by drought and the effects (1982, p. 2) noted three mapped new recruits were primarily lost due to of climate change, including effects to roadside cacti lost to collectors, stating desiccation; emphasizing that both individual cacti and to that collecting could be a significant establishment is the most critical and productivity and establishment. cause of loss in OPCNM. Additionally, limiting phase of the acun˜ a cactus life Therefore, based on our review of the Rutman (1996a, p. 2) noted that along cycle. Throughout the species’ range, available information, we conclude that the scenic drive road at OPCNM, rainfall has been declining, and drought drought and the effects of climate considerable collection of the largest conditions have been dominant since change, combined with insect predation size class of plants occurred. This road 1998 (Bowers 2005, p. 421; WRCC 2012, (see Factor C. Disease or Predation, was closed to visitors in 2003, and there entire); this has likely influenced below), rise to a rangewide level threat. are no plans to reopen it, making it seedling survivorship (Holm 2006, p. 2– highly unlikely that collection is an 1—2–13; NPS 2011a, p. 1). For example, Summary of Factor A ongoing issue (Rutman 2011, pers. in the measured plots at OPCNM, the In conclusion, based on our review of comm.; Pate 2012a, pers. comm.). recruitment rate peaked in 1992, the best available information, we have On BLM-administered lands, the coinciding with consecutive seasons determined that individual plant loss, as acun˜ a cactus plants occur in very with near to above average rainfall (NPS well as fragmentation of acun˜ a cactus remote locations, and no reports of 2011a, p. 1; WRCC 2012, entire). In the and associated pollinator populations collection are known. Rutman (1995, p. Coffeepot Mountain BLM monitoring due to the effects of urbanization; 2) noted collection did not appear to be plots, seedling or juvenile plants were livestock grazing; nonnative, invasive a threat to the population surrounding observed in all years when plots were plant species; and mining do not impact the Coffeepot Mountain plots during measured; however, the number of dead the species at a population level and annual visits between 1988 and 1990. plants far exceeded recruitment in any therefore are not threats to the acun˜ a Similarly, no evidence of collection was year (Butterwick 1982–1992, entire). In cactus. Currently, 78 percent of the seen during 2011 Service and BLM site many site visits throughout the region known living acun˜ a cactus individuals visits to nearby populations within the over the past 10 years, there have been occur along the border near OPCNM. Coffeepot ACEC (Service 2011a, p. 4). reports of low or no recruitment Cross-border violators and associated On State and private lands in the (Service 2008a, p. 1; Service 2008c, p. CBP and LE off-road activities may be Florence area, Rutman (1995, p. 3) noted 1; Anderson, 2011, p. 2; Service 2011a, affecting individual acun˜ a cactus plants that population locations were entire; Service 2011b, p. 3). and their habitat. If there is an increase published and, easy to access, and that, In summary, since the late 1990s, the in off-road activities in or near acun˜ a for many years, collectors have been southwestern United States has been cactus populations or habitat, the taking plants. She also noted individual experiencing drought conditions and likelihood of loss of individuals or loss plants seen the previous year were increasing high temperatures. Climatic or modification of habitat also increases. missing, and no carcasses found upon predictions suggest continued less In addition, a large amount of mortality revisiting (Rutman 1995, p. 3). No frequent, but perhaps more intense, has been documented within all evidence of collection from visited sites summer precipitation, reduced winter populations that have been visited more was found during 2011 Service visits precipitation; and increasing than once, relating to a combination of (Service 2011b, p. 1). Private lands in temperatures in this region (Seager et al. the intricately correlated increases in the Ajo area are also accessible, though 2007, p. 1181; Archer and Predick 2008, drought and heat stress, warmer winter we have no reports of collection there. pp. 23–24; Karl et al. 2009, p. 24). Data temperatures, and insect attack (see Buskirk and Phillips (1983, pers. from the acun˜ a cactus monitoring plots Factor C. Disease or Predation, below). comm.) refer to some acun˜ a cactus at OPCNM and at Coffeepot Mountain, Thus, based on our review of the best collection, but refer to it as relatively along with occasional surveys of these available scientific information, we uncommon and unsystematic at present. and most other populations, indicate conclude that loss and degradation of No documented cases of unauthorized

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collection (in violation of the Arizona Other insects with lesser impact on small mammal depredation occurs in Native Plant Law) of this cactus have the acun˜ a cactus are snout moth other populations outside of OPCNM as been found in any of the known (Yosemitia graciella) larvae and well, though studies have not been populations. Heil and Melton (1994, p. unknown ant species. Snout moth conducted and small mammal 15) note that the acun˜ a cactus is easy to larvae are noted to feed internally on occurrence in these populations has not grow and raise from seed and that cacti (Simonsen and Brown 2009, been documented. species is rare in the gardens of cactus entire) and on fruits, thus reducing seed In 2011, nearly all populations of the collectors. An investigator within the set (Johnson 1992, p. 405). Johnson acun˜ a cactus on BLM, State, and some Office of Special Investigations of the (1992, p. 405) noted snout moth private lands were visited by Service Arizona Department of Agriculture predation accounted for a reduction in staff (Service 2011a, entire; Service stated that he does not believe seed set of 35 percent in 50 monitored 2011b, entire). In every population, collection of the acun˜ a cactus is a threat plants at OPCNM. Ants have been noted some partially living and dead plants to the species (Reimer 2011, pers. in greenhouse conditions and in the were found uprooted and toppled over. comm.). Therefore, based on our review wild to consume and transport the In 1996, there was a high mortality of the available information, we acun˜ a cactus seeds (Butterwick 1982– event associated with many live, conclude that, while there is evidence 1992, entire; Rutman 1996b, pers. reproductive plants found uprooted and that unauthorized collection of the comm.; Rutman 2001, pers. comm., p. 1; lying on the ground in the Coffeepot acun˜ a cactus did occur in the past, it Anderson 2011, p. 1). In a similar Mountain population and the occurs to such an insignificant extent species, Coryphantha robustispina ssp. populations around Ajo (Rutman 2007, currently that it is not a threat to the robustispina (Pima pineapple cactus), p. 3). There has been no explanation for acun˜ a cactus, nor do we expect it to ants have been documented eating fruits this episode; however, there have been become a threat in the future. and transporting seeds (Baker 2011, pp. various hypotheses including ii, 23). While ants do consume seed, vandalism, thrashers (birds) digging Factor C. Disease or Predation they also scatter seed away from the them up, and javelinas uprooting the In general, cacti are susceptible to mother plant thereby reducing plants. Given the severing of stem from attacks from numerous types of insects, predation by small mammals (O’Dowd root commenced when plants had been and the acun˜ a cactus is no exception. and Hay 1980, p. 536; Vander Wall et infested with cactus longhorn beetle, it The interior flesh of cacti provides both al. 2005, p. 802). Ants may also aid in is entirely possible that episodes of a nesting area and food source for reducing the seedbank of competing plants falling over occur following peak beetles, weevils, and other insects. Once plant species (O’Dowd and Hay 1980, p. years for these insects, possibly in an infestation has occurred, cacti can 539). All of the above-mentioned insects association with birds or other animals die from the eating and tunneling have been documented at OPCNM near hearing and attempting to remove the insects within. There were above activities or from the introduction of or on acun˜ a cactus individuals (Johnson average temperatures in Ajo the 2 years fungus or disease. In addition, drought 1989, p. 10; Johnson 1992, p. 405; preceding the 1996 uprooting event; this may cause physiological stress Rutman 1996b, pers. comm.; Rutman uprooting may have been correlated to responses in plants, such as limiting 2001, pers. comm., p. 1), with ants increased insect activity and uprooting. their photosynthesis and cell growth. documented at Coffeepot Mountain There have been above average annual Plants already stressed from prolonged (Butterwick 1982–1992, entire). It is temperatures recorded at the Ajo drought are more susceptible to insect likely that insect depredation occurs in Weather Station 15 times during 25 attack and disease (Mattson and Haack other populations as well, though years of record keeping between 1975 1987, p. 110). studies have not been conducted, and and 2010 (WRCC 2012, entire). This insects have not been collected in these There are four native insects that have trend is consistent both at OPCNM and populations. No diseases have been been documented to impact the acun˜ a in Florence, where 21 of 25 recent years documented in the acun˜ a cactus, though cactus. Of these, cactus weevils and 19 of 25 recent years, respectively, plants are exceptionally susceptible to (Gerstaeckeria spp.) and cactus had above average temperatures (WRCC bacterial rot after minor stem damage longhorn beetle (Moneilema gigas) are 2012, entire). The increased warming in (Rutman 2007, p. 3). In 2011 site visits documented to be most responsible for recent decades is likely benefiting the acun˜ a cactus declines (Rutman across the species’ range, a majority of insects and stressing acun˜ a cactus ˜ 2007, p. 6; Johnson 1989, p. 10). Cactus living adult acuna cacti were in various plants, resulting in significantly weevils are stem-boring insects; the stages of decline, with stems blackening increased mortality rangewide. adults feed externally while the larvae from the base upward and resulting in Between 1982 and 1992, both feed internally (Burger and Louda 1995, eventual cactus death. The cause of this recruitment and mortality were p. 1560). Cactus longhorn beetle adults blackening is unknown; it could be recorded within and outside of the feed on pads or terminal buds of cacti; natural aging of the plants or the result established BLM plots at the Coffeepot their larvae burrow into stems or roots of stress, insect damage, or disease. Mountain acun˜ a cactus population. causing the severing of root and stem, A variety of small mammals, such as Field notes from throughout the 10-year collapse, and death of plants (Kelly and native ground squirrels, pack rats, period of study indicate insect damage Olsen 2011, p. 7; Johnson 1989, p. 10). rabbits, and mice, can severely damage to individual plants has been ongoing Raske 1966 (p. 106) cites Dodd (1927) or kill both mature and young cacti within this population. Field notes stating that the cactus longhorn beetle during times of drought (Kelly and included the following comments: has one reproductive cycle per year; Olsen 2011, pp. 8–9). There have been tubercles with holes, damage on apex, however, a noted cactus expert, Alan reports of loss of the acun˜ a cactus due exposed root, numerous ants, plant Zimmerman, believes that increased to small mammal depredation dying, insect damage to fruit, hollow warming in recent decades facilitates evidenced by scattered spines and inside, uprooted, chlorotic (yellowing), longer breeding cycles and more rooted bases at OPCNM (Buskirk 1981, beetle wounds on side, unhealthy, reproduction in both the cactus p. 5; Buskirk and Phillips, 1983 pers. damaged meristem, appears dying at the longhorn beetle and cactus weevil comm.; Heil and Melton 1994, p. 15; base, base rotting, sickly, and not rooted (Rutman 2007, p. 6). Holm 2006, pp. 2–3). It is likely that (Butterwick 1982–1992). In 1987, the

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BLM reported high mortality in this private, and lands in Sonora, Mexico, is exist, may reduce or eliminate the population with more dead plants of serious concern. It appears that the impacts from one or more identified observed (332) than living (310) combination of drought stress and insect threats. In this section, we review (Rutman et al. 1987, p. 1). In 1989, the attack have reduced adult plant existing State and Federal regulatory BLM reported a precipitous decline of numbers and that warmer winters may mechanisms to determine whether they this population (Johnson 1989, p. 18) be increasing insect numbers attacking effectively reduce or remove threats to with low or no recruitment since that acun˜ a cacti. Most, if not all, of the the acun˜ a cactus. time (Anderson 2011, entire). Within populations are significantly impacted Regarding the threat of unauthorized the monitoring plots at OPCNM, by predation; predation, in the form of collection, the acun˜ a cactus is protected datasheets from 1986 categorized cacti insect attacks, occurs throughout the by the Arizona Native Plants Law, as being: uprooted from the base, shell range of the acun˜ a cactus. We also which prohibits collection without of spines, dead with upright carcass, believe that the extent to which this obtaining a permit on all public lands, stepped on, and missing, among others threat affects the acun˜ a cactus and directs that plants may not be (Buskirk 1986, pers. comm., entire). populations is interactive with the moved off of private property without Within these plots, adult recruitment occurrence of drought and other contacting the Arizona Department of has been observed in every year of climatic variables such as warmer Agriculture. Due to the difficulty in monitoring since 1989; mortality has winters. The ability of the acun˜ a cactus implementing this law, it has not been been observed in all but 2 years during populations to recover from insect effective in reducing impacts from this same period (NPS 2011a, p. 1). On attacks depends on the successful collection, nor does it protect habitat. average, the annual adult mortality germination and survival of seedlings. However, no documented cases of within these plots is 12 percent, However, these populations are also unauthorized collection of this cactus exceeding the annual recruitment of 7.7 experiencing decreased reproduction, have been found in any of the known percent (NPS 2011a, p. 1). The decrease which may render the populations populations in recent decades. There is in reproduction, increase in mortality, unable to recover as they continue to little threat of collection on private or a combination of both have resulted lose mature individuals, with low levels lands due to restricted public access in the decline in plants within (NPS of seedling recruitment and survival. (see Factor B); the majority of the acun˜ a 2011a, p. 1) and outside of the plots at Therefore, based on our review of the cactus populations are on State and OPCNM. Across this population, the available information, we conclude that Federal lands. In addition, NPS previous estimate of acun˜ a cactus predation is a threat that is resulting in regulations prohibit the collection or numbers were greater than 10,000 significant population impacts to the removal of the acun˜ a cactus on NPS individuals (Buskirk 1981, p. 3); current acun˜ a cactus, and this threat is expected lands, where the largest known acun˜ a estimates are between 1,000 and 2,000 to continue into the future. cactus population occurs. The main plants total (Rutman 2011, pers. comm.). road accessing the acun˜ a cactus Within monitoring plots at Coffeepot Factor D. The Inadequacy of Existing population in Acun˜ a Valley in OPCNM Mountain, population decline has been Regulatory Mechanisms is closed to the public, thus reducing dramatic with at least two episodes of Under this factor, we examine impacts from collection to this 50 percent reductions reported from whether existing regulatory mechanisms population. Although the remoteness of individuals in and around monitoring are inadequate to address the threats to many populations limits both visitation plots (Butterwick 1982–1992, entire; the species discussed under the other and enforcement of the existing Rutman et al. 1987, p. 2; Anderson factors. Section 4(b)(1)(A) of the Act regulatory mechanisms, unauthorized 2011, p. 2; Anderson 2012b, pers. requires the Service to take into account collection is reported to result in a comm.); at OPCNM, there has been a ‘‘those efforts, if any, being made by any relatively minor impact to this species. documented decline in the number of State or foreign nation, or any political We conclude that the regulations that individuals on all six monitoring plots subdivision of a State or foreign nation, exist to protect against the impacts from in all but 2 years since 1989 (NPS to protect such species * * *.’’ We over collection of the species, primarily 2011a, p. 1), and in total population interpret this language to require the the NPS regulation prohibiting removal estimates between 1981 and 2011 Service to consider relevant Federal, and the closure of the primary access (Buskirk 1981, p. 3; Rutman 2011, pers. State, and Tribal laws, plans, route in OPCNM, are serving to reduce comm.). In 2011, site visits to most of regulations, cooperative agreements, the impacts from collection. the remaining populations on BLM, and other such mechanisms that may There are no regulations in place that State, and private lands indicated large minimize any of the threats we describe address threats to acun˜ a cactus and its proportions of the populations were in threat analyses under the other four habitat from site degradation or that dead with many plants uprooted, factors, or otherwise enhance address the primary threats to acun˜ a hollow plants, and many individuals in conservation of the species. We give cactus of insect predation, drought, and all size classes reported to be unhealthy strongest weight to statutes and their the effects of climate change. Urban or blackening from the base (Service implementing regulations and development; livestock grazing; 2011a, entire; Service 2011b, entire). management direction that stems from nonnative, invasive plant species; Also in 2011, researchers in Mexico those laws and regulations. An example unauthorized collection, and mining are reported that 58.8 percent of the 1,601 would be State governmental actions not identified to occur at a level that is total plants found were dead (Pate enforced under a State statute or a threat to acun˜ a cactus populations. 2012b, pers. comm.). constitution, or Federal action under However, without management of In conclusion, uprooting and statute. impacts from these activities, impacts depredation have been ongoing for at Having evaluated the significance of could rise significantly. There are least several decades at OPCNM, at the threat as mitigated by any such special management prescriptions in Coffeepot Mountain, and in all other conservation efforts, we analyze under place to address some of these concerns populations. The pronounced decline in Factor D the extent to which existing on Federal lands. For example, the the acun˜ a cactus numbers over the last regulatory mechanisms are inadequate Sonoran Desert National Monument and three decades documented throughout to address the specific threats to the OPCNM exclude livestock grazing and the species’ range on BLM, State, species. Regulatory mechanisms, if they mining; promote the reduction of

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nonnative, invasive plant species; and Therefore, we believe that regulations threats to this species (Factor C). are unlikely to support urban designed to protect the species and its Although mechanisms are in place that development. In Mexico, a portion of habitat will be generally of little impact afford some protection to the species the known population is within the to alleviate the threats caused by and its habitat with regard to potential boundary of Pinacate Biosphere activities of cross-border violators. As stressors to the species, there are no Reserve, which may afford some noted above, the interdiction efforts of regulations in place to address insect protections. While management the U.S. Border Patrol (USBP), including predation, drought, and the effects of prescriptions with regard to these patrols, electronic surveillance and climate change. With regard to off-road stressors may be applied fence construction have contributed to a border activity, although the opportunistically across different land significant reduction in cross-border interdiction efforts of CBP, including management agencies within the region, violator off-road traffic that has patrols, electronic surveillance and they do afford some protection and benefited the acun˜ a cactus and other fence construction have contributed to a minimize impacts to the species and its species. However, we do not find significant reduction in cross-border habitat. regulatory mechanisms to be adequate violator off-road traffic that has With respect to threats to the species to directly address these threats benefited the acun˜ a cactus and other caused by activities along the U.S.- discussed in Factor A. species, regulations have little impact to Mexico border, there are a number of Factor E. Other Natural or Manmade alleviate these threats. Therefore, we do Memorandum of Understanding and Factors Affecting Its Continued not find regulatory mechanisms to be Biological Opinion documents that Existence adequate to directly address these dictate certain actions be taken by CBP threats discussed in Factor A. Finally, We have evaluated the best available we find other natural or manmade to reduce effects to resources in the scientific information, and we did not United States and Mexico border region. factors are not threats to the acun˜ a find any indication of potential threats cactus (Factor E). These documents are primarily related to this factor. We considered associated with habitat of the federally such threats as small population size The elevated risk of extinction of the listed Sonoran pronghorn antelope and overall rarity of the acun˜ a cactus, acun˜ a cactus is a result of the (Antilocapra americana ssp. but we did not find any indication that cumulative stressors on the species and sonoriensis) and off-road activity, these are threats to the species. its habitat. Mortality of more than 80 specifically identifying sensitive areas Therefore, we conclude that other percent of individuals has been to avoid. These Memorandum of natural or manmade factors are not documented within populations that Understanding and Biological Opinions threats to the acun˜ a cactus. have been surveyed more than once. do provide some relief from the threats This loss has also occurred on protected caused to the species resulting from Proposed Determination for the Acun˜ a lands with ongoing management efforts cross-border violators and CBP Cactus for the acun˜ a cactus, showing both a enforcement activities because the We have carefully assessed the best rapid and a severe decline to the acun˜ a cactus shares a portion of the scientific and commercial information species. In the acun˜ a cactus, water and pronghorn habitat and these documents available regarding the past, present, heat stress reduce flower and seed limit some direct impact to habitat. and future threats to the acun˜ a cactus. production, and seedling survival is Likewise, CBP-sponsored projects, We find that the species is in danger of dependent on summer precipitation and including the mapping of off-road tracks extinction due to the current and soil moisture. Warmer and drier winters and revegetating unauthorized roads, ongoing modification and destruction of combined with increased insect attack, may also benefit the species (Holm its habitat and range (Factor A) from negatively impacts the survivorship of 2012a, pers. comm.). In cooperation long-term drought, effects of climate reproductive adults. Of the remaining with Service staff, CBP has begun efforts change, and ongoing and future border living individuals across the species’ to educate Border Patrol agents on the activities. The acun˜ a cactus habitat is range, a large portion were in various locations and appearance of acun˜ a impacted across its range by long-term stages of deteriorating health, primarily cactus so that areas that support the drought, warmer winters occurring in blackening from the base upward, when species can be avoided to the maximum the past several decades and projected visited by a botanist in 2011. Across extent possible. Designated critical to continue with climate change, and populations, minimal or no recruitment habitat in OPCNM will be marked on insect predation. In addition, the has been seen in recent years. road atlases being prepared by OPCNM majority of the acun˜ a cactus individuals Throughout the species’ range, rainfall staff and provided to the agents (78 percent) occur within 16.5 km has been declining, and drought patrolling in the OPCNM area. In (10.25 mi) of the border in either conditions have been dominant for addition, the efforts of CBP to stop OPCNM or Sonora, Mexico. As several decades; climate change is cross-border violators in recent years by described above, the complexities of anticipated to increase drought periods means of traffic barriers and other addressing off-road excursions by cross- and warming winters. This combination infrastructure has greatly reduced cross- border violators result in unpredictable is expected to continue the documented border violator activities and afforded actions on the part of CBP and LE and trend of mortality exceeding recruitment some protection to the habitat. However, threatens acun˜ a cactus and its habitat. across all populations. When mortality due to the difficulty and ever-changing The primary threats to the species are exceeds recruitment in a population, the status of border issues, compliance with due to drought, climate change, and result is often a declining population. these agreements has been difficult. insect predation. These threats are Given this, we consider none of the Reports indicate a two-track road and exacerbated at local scales by off-road populations to be stable or secure. The associated cross-border violator clothing excursions by cross-border violators and factors significantly threatening the were found in 2010 within one of the CBP and LE response. We do not find species are not expected to be abated in six long-term monitoring plots at any threats to the species from the foreseeable future, and some OPCNM. The cross-border violator unauthorized collection (Factor B). We populations may have decreased to activities are, by their very nature, in find that predation, in combination with levels where they are no longer viable. violation of the law and regulations. drought and heat stress, exacerbates the All of the threats, combined with high

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levels of mortality and low recruitment into the soil after flowering and fruiting. among various sites, coupled with a in the populations, contribute to a Stems of mature Fickeisen plains cactus poor seed dispersal mechanism and substantial risk of extinction and lead to are 2.5 to 6.0 cm (1.0 to 2.4 in) tall and specializations to specific geology or our finding that the acun˜ a cactus is in up to 5.5 cm (2.2 in) in diameter soil type, indicate that the existing danger of extinction throughout its (Benson 1982, p. 749; Arizona Rare plants are probably relicts of a once range; therefore, the species meets the Plant Guide Committee 2001, widespread genus with a distribution definition of endangered. unpaginated). The stems are covered fractured by climatic conditions The Act defines an endangered with tubercles; each tubercle has 3 to 7 (Benson 1982, p. 750). species as any species that is ‘‘in danger radial spines, 4 to 7 millimeters (mm) Biology of extinction throughout all or a (0.15 to 0.27 in) in length, and 1 central significant portion of its range’’ and a spine (15 to 18 mm (0.59 to 0.70 in) The general biology of the Fickeisen threatened species as any species ‘‘that long) that distinguishes the variety plains cactus is similar to other species is likely to become endangered fickeiseniae from the variety in the genus Pediocactus. The Fickeisen throughout all or a significant portion of peeblesianus (Benson 1982, p. 765). The plains cactus is a cold-adapted plant its range within the foreseeable future.’’ central spine is whitish and curved that retracts into the soil during the We find that the acun˜ a cactus is upward. All spines are corky (spongy). winter (cold) and summer (dry) seasons, presently in danger of extinction The flowers are 2.5 cm (0.98 in) in as well as during drought conditions. throughout its entire range based on diameter, cream-yellow or yellowish- Plants may be completely buried rangewide documented rapid loss of green in color, and produced on the underground or shrink down into the individuals, decline in the health of apex of the stem. Flowers bloom from soil until the crown sits flushed with many remaining individuals, little to no mid-April to mid-May, opening in the the soil surface (Phillips et al. 1982, p. recruitment, and continuation of the mid-morning for 1 to 2 days. An entire 4). When temperatures rise in the spring threats, as described above. Therefore, population generally completes anthesis and with adequate rainfall, plants on the basis of the best available (the period when the flower is open and emerge from beneath the surface to scientific and commercial information, functional) in 7 to 14 days (Travis 1987, flower in mid-April. Spring flowering is we propose listing the acun˜ a cactus as p. 6), depending on the weather believed to be influenced by cold an endangered species in accordance conditions (Navajo Natural Heritage temperatures and precipitation from the with sections 3(6) and 4(a)(1) of the Act. Program (NNHP) 1994, p. 4). Fruits are preceding winter months (Brack 2012, Listing the acun˜ a cactus as a produced in mid-May, are turbinate pers. comm.). After flowering and prior threatened species is not the appropriate (top-shaped), and turn reddish-brown at to the summer heat, plants set seed in determination because the ongoing maturity (AGFD 2011a, p. 1). The seeds June and shrink into the soil, losing one- threats described above are severe are dark brown to black, 3 mm (0.11 in) half their height above ground. Some enough to create the immediate risk of long, and 2 mm (0.08 in) wide (AGFD plants may re-emerge in the autumn extinction. The continued loss of 2011a, p. 1). The life span of the following monsoonal rains. The length reproductive adults and juveniles poses Fickeisen plains cactus is estimated to of time a plant remains retracted can a significant and immediate risk of be between 10 to 15 years (Phillips et al. vary between individual plants. Hughes extinction to the species throughout the 1982, p. 9). (2000a, p. 2) has documented some plants remaining retracted underground species’ range, and are not restricted to Taxonomy any particular significant portion of that for at least 3 years. The Fickeisen plains range. All of these factors combined The Fickeisen plains cactus was cactus is also subject to root rot during lead us to conclude that the threat of discovered near Cameron, Arizona, in very wet years and frost heaving. extinction is high and immediate; thus, the late 1950s, and was described in the Locating individuals of the Fickeisen we conclude that the acun˜ a cactus scientific literature by Heil et al. (1981, plains cactus can be difficult, even meets the definition of an endangered pp. 28–31). when their exact location is known, and species. The name Pediocactus peeblesianus therefore, searches are best done during Under the Act and our implementing var. fickeiseniae had not been validly their flowering period. regulations, a species may warrant published. Heil et al. (1981, p. 31) Reproduction has not been listing if it is an endangered or recognized the name and taxon in a specifically studied on the Fickeisen threatened species throughout all or a review of the genus Pediocactus, and plains cactus. However, reproduction significant portion of its range. The this name is accepted in the Flora of for plant species in the genus threats to the survival of the species North America (Heil and Porter 2003, p. Pediocactus occurs by cross-pollination occur throughout the acun˜ a cactus’ 213). Based on these references, we (Pimienta-Barrios and del Castillo 2002, range and are not restricted to any consider Pediocactus peeblesianus var. p. 79). Species of small native bees are particular significant portion of that fickeiseniae to be a valid taxon. Other the primary pollinators. Species of range. Accordingly, our assessment and synonyms of Pediocactus peeblesianus hover flies and bee flies have also been proposed determination applies to the var. fickeiseniae that have been used are observed visiting flowers of the species throughout its entire range. Navajoa fickeisenii and Toumeya Fickeisen plains cactus (Milne 1987, p. fickeisenii (Benson 1982, p. 955). 21; NNHP 1994, p. 3; Peach et al. 1993, Fickeisen Plains Cactus The genus Pediocactus contains seven pp. 312–314; Tepedino 2000, p. 7; It is our intent to discuss below only species; six of these are rare endemics Tepedino 2012, pers. comm.). Hughes those topics directly relevant to the of the Colorado Plateau region in (1996a, p. 50) found that flowering and listing of the Fickeisen plains cactus as Arizona, Colorado, New Mexico, and fruiting in the Fickeisen plains cactus endangered in this section of the Utah (Benson 1982, p. 749). There are occurs once an individual plant grows proposed rule. two recognized varieties of Pediocactus to 10 mm (0.39 in) in diameter and as peeblesianus, variety peeblesianus an individual increases in size more Species Description (Peebles Navajo cactus) and variety fruit are produced. Specifically, he The Fickeisen plains cactus is a small, fickeiseniae (Porter 2002, pp. 15–16). documented individuals less than 20.9 unbranched to occasionally branched, According to Benson, the structural mm (0.82 in) in diameter produced 1.37 globose (globular) cactus that retracts differences exhibited by Pediocacti fruit on average (range of fruit produced

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1 to 3) compared to individuals at 50 populations (Benson 1982, p. 750; Milne (January to March) and summer (July to mm (1.97 in) and larger, which 1987, p. 4). September) months. The average annual produced 3.60 fruits on average (range precipitation ranges from 15.2 to 35.5 Habitat of fruit produced 2 to 5). This cm (6 to 14 in) per year; snowfall correlation between larger sized The Fickeisen plains cactus is a accumulation averages 22.9 cm (9 in), individuals and increased fruit narrow endemic restricted to exposed primarily from January to February production has also been found in other layers of Kaibab limestone on the (WRCC 2012, entire). Winter Pediocactus species (Phillips et al. 1989, Colorado Plateau. Plants are found in precipitation is thought to be critical for p. 4; Hreha and Meyer 2001, p. 86). This shallow, gravelly loam soils formed the region to ensure soil moisture information suggests that larger, older from alluvium, colluvium, or Aeolian recharge and a reliable spring growing individuals contribute more to the deposits derived from limestone of the season (Travis 1987, p. 3; Comstock and population growth rate by potentially Harrisburg member of the Kaibab Ehleringer 1992, pp. 196–199). having a greater influence on seed Formation and Toroweap Formation; Biological soil crusts are found on the output than smaller, younger plants. Coconino Sandstone; and the Moenkopi Colorado Plateau in or near the Based on long-term monitoring Formation (Travis 1987, pp. 2–3; Fickeisen plains cactus’ habitat (United information for the Fickeisen plains Arizona Geological Survey (AZGS) States Forest Service (USFS) 1999, cactus, the majority of individuals 2011; Natural Resources Conservation entire; BLM 2007a, p. 3–15). Biological observed tend to range between 20 mm Service (NRCS) 2012). Most populations soil crusts are formed by a community (0.79 in) and 30 mm (1.18 in) in occur on the margins of canyon rims, on of living organisms that can include diameter. flat terraces or benches, or on the toe of cyanobacteria, green algae, microfungi, well-drained hills with less than 20 Population monitoring of the mosses, liverworts, and lichens (Belnap percent slope; at elevations between Fickeisen plains cactus suggests that 2006, pp. 361–362). These crusts 1,280 to 1,814 m (4,200 to 5,950 ft) this variety has a low reproductive provide many positive benefits to the (Arizona Rare Plant Guide Committee capacity. In examining long-term larger vegetation community by 2001, unpaginated; AGFD 2011b, entire; monitoring information by the BLM, providing fixed carbon and nitrogen on Hazelton 2012a, pers. comm.). Habitat of fruit production occurred irregularly sparsely vegetated soils, soil the Fickeisen plains cactus is within the over a 22-year period with 35 percent, stabilization and erosion control, water Plains and Great Basin grasslands and on average, of the population infiltration, improved plant growth, and Great Basin desert scrub vegetation seedling germination (Rychert et al. reproducing. Hughes (2011, pers. communities (Benson 1982, p. 764; 1978, entire; NRCS 1997, pp. 8–10; comm.) found that 30 to 40 seeds are NatureServe 2011). Dominant native Floyd et al. 2003, p. 1704; Belnap 2006, generally produced from a single fruit, plant species that are commonly entire). and believed that low seed production associated with these biotic hinders substantial increases in plant communities include: Artemisia Distribution and Range abundance from occurring, even during tridentata (sagebrush), Atriplex The Fickeisen plains cactus is found favorable weather conditions that would canescens (four-wing saltbush), Atriplex only on the Colorado Plateau in support germination (Hughes 1996a, p. confertifolia (shadscale), Bouteloua Coconino and Mohave Counties. The 50). Thus, significant episodes of eriopoda (black grama), Bouteloua range of the Fickeisen plains cactus recruitment within populations on BLM gracilis (blue grama), Bromus spp. encompasses the Arizona Strip (i.e., the lands reportedly occurred two to three (brome), Chrysothamnus spp. (rabbit- area north of the Colorado River to the times over a 9-year period from 1986 to bush), Ephedra torreyana (Mormon tea), Arizona-Utah border) from Mainstreet 1995 (Hughes 1996a, p. 50). Phillips and Eurotia lanata (winterfat), Gutierrezia Valley in Mohave County to House Rock Phillips (1995, p. 12) reported similar sarothrae (broom snakeweed), Valley in Coconino County, along the results for the Peebles Navajo cactus in Pleuraphis jamesii (James’s galleta), canyon rims of the Colorado River and which they documented moderate Oryzopsis hymenoides (Indian Little Colorado River, to the area of Gray increases in population numbers ricegrass), Sphaeralcea spp. (globe- Mountain, and along the canyon rims of roughly two to three times every 10 mallow), and Stipa spp. (needlegrass). Cataract Canyon on the Coconino years. Episodic recruitment may play a Other native cactus species that are Plateau. The majority of the populations role in increasing the threats to the commonly found include Agave are small; some consisting of a few species because adult mortality may utahensis (century plants) and individuals (Table 3). Populations are continue at a high rate between periods Echinocactus polycephalus spp. (Brown widely scattered over a broad range and of recruitment, lowering the 1994, pp. 115–121; Turner 1994, pp. separated by topography. There seems reproductive potential of the population 145–155; Hughes 1996b, p. 2; Goodwin to be abundant suitable habitat that is when conditions are favorable for seed 2011a, p. 4; NatureServe 2011). The unoccupied by the plant for reasons germination. Escobaria vivipara var. rosea (foxtail unknown. One estimate of the range of The mechanisms of seed dispersal in cactus) is typically found in close the Fickeisen plains cactus is 12,750 the Fickeisen plains cactus have not association with the Fickeisen plains square kilometers (sq km) (4,922 square been investigated and are poorly cactus (Hughes 1996a, p. 47). miles (sq mi)) (NatureServe 2011, p. 2). understood. Most site visits to The climate of the Great Basin Desert We do not know what information was populations of the Fickeisen plains and on the Colorado Plateau is highly used to derive this estimate, and, cactus have observed seedlings variable. The climate of the region is therefore, it may not accurately reflect established very close to the adult plant influenced by events in the tropical the current known range. The range of (Goodwin 2011a, p. 9; NNHP 1994, p. Pacific and northern Pacific Ocean the Fickeisen plains cactus converges 4). The general shared belief is that most (United States Geological Survey with the range of the endangered species of Pediocactus, including the (USGS) 2002, p. 2). The amount of Pediocactus bradyi (Brady pincushion Fickeisen plains cactus, lack a good precipitation received locally varies by cactus) in House Rock Valley, and mechanism for seed dispersal, which is elevation and topography, and is patchy overlaps with the range of the a contributing factor to its endemism in its distribution. Precipitation is threatened Pediocactus sileri (Siler and widely scattered, isolated bimodal, occurring in the winter pincushion cactus), and the Pediocactus

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paradinei (Kaibab plains cactus), which second occupied area was located pers. comm.). Anecdotal information is protected by a conservation farther south of there but identified as suggests that additional Fickeisen plains agreement on the Arizona Strip (BLM a Peebles Navajo cactus occurrence. cacti and an abundant suitable habitat 2011a, Figure 3.8–1). Both of these areas were later occur on the Boquillas Ranch (Chapman Very little is known about the inventoried as part of a floristic survey 2012, pers. comm. Goodwin 2012, pers. historical range of the Fickeisen plains in 2006, and the variety of Pediocactus comm.). If additional Fickeisen plains cactus. Benson (1982, p. 765) described peeblesianus observed was documented cacti do exist here, it would increase the the range as northern Arizona from the as the Fickeisen plains cactus (Goodwin known range and distribution of the hills in northeast Mohave County to the 2006, p. 4; Goodwin 2011a, pp. 5–6). plant. vicinity of the Colorado and Little The Fickeisen plains cactus has also Colorado rivers near the Grand Canyon been documented on State land within Abundance and Trends National Park and southeast Coconino the Boquillas Ranch, which is located to About 1,150 Fickeisen plains cacti County. He estimated the known range the west of the Cataract Ranch and is among 33 populations have ever been to be about 200 km (125 mi) of land. privately owned by the Navajo Nation documented rangewide from 1962 to Based on the current spatial distribution (Goodwin 2006, p. 5; Chapman 2012, 2011 (Table 3) (AGFD 2011b, entire; of the Fickeisen plains cactus, the pers. comm.). Besides location Goodwin 2011a, p. 19; NNHP 2011a, plant’s range has expanded roughly 72 coordinates, we do not have information km (45 mi) west of the Kaibab Plateau describing the status of the Fickeisen entire). However, 504 individuals in Mohave County to include occupied plains cactus there. According to among 6 populations have been recently areas in Mainstreet Valley, Hurricane Goodwin (2006, pp. 4–5), two German documented and are a subset of the Cliffs, and Clayhole Ridge on the botanists had discovered plants of 1,150 individuals. This difference in the Arizona Strip. Pediocactus peeblesianus on the number of individuals does not The Fickeisen plains cactus Coconino Plateau in 1979, but the plants necessarily represent a decline; survey population near Cataract Canyon was were thought to be of the variety information for the remaining 27 recently documented in 2006. The maianus. Based on their field notes, populations is absent, and therefore population is located below the visits to the area between 1980 and 2006 their status is unknown. Additionally, Colorado River and south of the Grand confirmed the locations of three the increase in plant numbers in the Canyon National Park on the Cataract occupied sites by the Pediocactus Cataract Canyon population from 2007 Ranch but does not appear to represent peeblesianus, later documented as the to 2011 is due to better detection a range expansion for the species. Fickeisen plains cactus. Two of these between years and not to greater Benson had identified two areas as sites were on the Cataract Ranch while abundance. Based on these six occupied by Pediocactus peeblesianus the third site is on State land leased to documented populations, the breakout varieties that correspond to the location the Boquillas Ranch (Chapman 2012, of the land ownership follows: BLM (26 of this population (Benson 1982, p. pers. comm.). This area was revisited in percent), Kaibab National Forest (status 765). One area, located below the 2012, but no documentation describing unknown), State of Arizona (32 Colorado River, was identified as a the site visit is available (Goodman percent), the Navajo Nation (14 percent), Fickeisen plains cactus occurrence. The 2012, pers. comm.; Hazelton 2012b, and privately-owned lands (29 percent).

TABLE 3—TOTAL DOCUMENTED FICKEISEN PLAINS CACTUS NUMBERS [1962 to 2011]

Population Land owner First visited First count Last visited Last count

Beanhole Well ...... BLM ...... 1979 ...... 3 ...... 1979 3 Marble Canyon ...... BLM ...... 1979 ...... 8 ...... 1979 8 Gray Mountain (Mays Wash) ...... BLM ...... 1981 ...... 29 ...... 1981 29 South Canyon ...... BLM ...... 1979 ...... 41 ...... 1987 52 Toquer Tank ...... BLM ...... 1986 ...... 8 ...... 1994 7 Navajo ...... BLM ...... 1986 ...... 4 ...... 2001 10 Salaratus Draw I and II ...... BLM ...... 1986 ...... 17 ...... 2001 0 Temple Trail ...... BLM ...... 1986 ...... 7 ...... 2001 7 Ward ...... BLM ...... 1986 ...... 12 ...... 2001 10 Sunshine Ridge II ...... BLM ...... 1986 ...... 9 ...... 2004 35 Clayhole Ridge ...... BLM ...... 1987 ...... 23 ...... 2011 42 Dutchman Draw ...... BLM ...... 1986 ...... 167 ...... 2011 12 North Canyon ...... BLM ...... 1987 ...... 16 ...... 2011 39 Sunshine Ridge ...... BLM ...... 1987 ...... 12 ...... 2011 34 Kaibab National Forest ...... Forest Service ...... Unknown ...... 2004 Unknown Shinumo Wash ...... NN ...... 1993 ...... 9 ...... 1993 9 Tiger Wash 2 ...... NN ...... 1993 ...... 11 ...... 1993 11 Little Colorado River Overlook ...... NN ...... 1956 ...... Unknown ...... 1997 15 Little Colorado River Gauging Station ...... NN ...... 1999 ...... 1 (survey out of 1999 1 season). 29 mile Canyon ...... NN ...... 2000 ...... 2 ...... 2000 2 Big Canyon ...... NN ...... 2002 ...... 15 ...... 2002 15 West of Hellhole Bend ...... NN ...... 2002 ...... 5 ...... 2002 5 Small Ridge ...... NN ...... 2004 ...... 1 (survey out of 2004 1 season). Little Colorado River Gravel pit ...... NN ...... 1956 ...... Unknown ...... 2005 21 Shinumo Altar ...... NN ...... 1991 ...... Unknown ...... 2005 7 Tiger Wash 1 ...... NN ...... 1993 ...... 30 ...... 2005 2 Gray Mountain (South of Cameron) ...... NN ...... 1962 ...... 4 ...... 2009 3

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TABLE 3—TOTAL DOCUMENTED FICKEISEN PLAINS CACTUS NUMBERS—Continued [1962 to 2011]

Population Land owner First visited First count Last visited Last count

Hellhole Bend ...... NN ...... 2009 ...... 314 ...... 2009 314 Salt Trail Canyon ...... NN ...... 2006 ...... 119 ...... 2011 70 Blue Spring ...... NN ...... 2005 ...... 30 ...... 2005 30 Gray Mountain (Sewage Disposal Pond) ...... Private ...... 1984 ...... 1984 4 Cataract Canyon ...... Private ...... 2007 ...... 54 ...... 2011 146 Cataract Canyon ...... State ...... 2007 ...... 98 ...... 2011 161

TOTAL ...... 1, 105 Notes: Navajo Nation (NN).

TABLE 4—NUMBERS OF FICKEISEN PLAINS CACTI RECORDED IN BLM MONITORING PLOTS AND CLUSTER PLOTS [1986 to 2011]

Dutch- Sunshine North Sunshine Salaratus I Temple Toquer Year man Clayhole Ridge Canyon Navajo Ridge II and II Trail Tank ** Ward Total

1986 Plants 167 8 9...... 17 ...... 201 outside plots*. 1986 ...... 21 ...... 6 ...... 14 4 2 ...... 5 8 10 70 1987 ...... 107 23 12...... 16 ...... 7 ...... 165 1988 ...... 102 35 ...... 27 ...... 9 ...... 173 1989 ...... 185 31 8...... 28 ...... 9 ...... 261 1990 ...... 186 32 33...... 33 ...... 6 ...... 290 1991 ...... 194 37 43...... 36 ...... 13 ...... 323 1992 ...... 219 44 44...... 7 ...... 7 ...... 321 1993 ...... 168 34 32...... 13 0 ...... 13 1 ...... 0 261 1994 ...... 168 38 35...... 16 ...... 44 ...... 7 ...... 308 1995 ...... 188 30 25...... 11 ...... 254 1997 ...... 122 21 7...... 21 ...... 171 1998 ...... 49 16 6...... 26 ...... 97 1999 ...... 45 17 5...... 28 ...... 95 2000 ...... 37 20 Not Ob- 22 ...... 79 served. 2001 ...... 40 63 3...... 34 10 23 0 7 0 10 190 2002 ...... 30 60 12...... 24 ...... 126 2003 ...... 50 56 Not Ob- 24 ...... 130 served. 2004 ...... 45 59 7...... 40 ...... 151 2005 ...... 34 59 33...... 40 ...... 166 2006 ...... 36 48 26...... 32 ...... 142 2007 ...... 32 38 30...... 39 ...... 139 2008 ...... 23 40 23...... 33 ...... 119 2009 ...... 33 37 33...... 31 ...... 134 2011 ...... 12 42 34...... 39 ...... 127 Notes: * BLM reported counts of Fickeisen plains cacti outside of established monitoring plots for 1986 only. No monitoring occurred in 1996 by the BLM due to dry conditions resulting in plants retracted underground. No monitoring reports were submitted to the Service for the years 2010 and 2012.

Our knowledge of abundance and Trend information from the five emerge after 3 consecutive years, the trend information was assessed from monitored plots indicates that these BLM will mark the plant as dead. The annual monitoring reports by the BLM populations have experienced Salt Trail Canyon plot on the Navajo (1986 to 2011) and Navajo Nation (2006 significant declines in plant numbers. Nation plot shows a 49 percent decline to 2011). Each agency has monitoring Plant numbers in the four BLM plots over the last 5 years. This decline is also plans that are set up to track specific increased by approximately 98 percent based on the number of live, emergent information in each of their from 1987 to 1992, but declined by 59.5 plants counted during the monitoring populations. However, there are percent from 1993 to 2011 (Table 4). period. Plants that are reportedly dead differences in data collection, and this The reported decline is based on the or missing are tallied separately in each inconsistency makes it difficult to number of tagged Fickeisen plains successive year that monitoring occurs. compare trends across the landscape cactus that are present (emergent and Bureau of Land Management Lands— and ownerships. Therefore, results are alive) during the monitoring period. If The BLM manages habitat for 13 presented for each landowner an individual tagged plant is retracted documented Fickeisen plains cactus separately. No monitoring program has underground during the monitoring populations (Table 3) that occupy an been established for the Fickeisen plains period, it is counted as missing or estimated 36.9-ha (91.3-ac) area (BLM cactus on the Kaibab National Forest retracted but is not included in the live 2007b, p. 67) on the Arizona Strip. The and the Cataract Ranch. plant count. If that plant does not total known population on the Arizona

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Strip has declined from 323 individuals decline in the last 18 years. Up until through 2011, with 88 percent of the in 1991 to 127 individuals in 2011 1999, plant numbers in the plot individuals in the larger size class. (Table 4). accounted for 64 to 74 percent of the Hughes (1996b, p. 17) attributed this The Fickeisen plains cactus was first total reported numbers for the Arizona division to the lack of intensive surveys documented on the Arizona Strip in Strip population. Abundance in this for seedlings. This plot had the highest 1977 at Sunshine Ridge with the plot increased during the late 1980s percent of cactus producing fruit and in remaining populations discovered up from 167 individuals to a high of 219 the most years compared to the other through 1986 (Phillips 1979, entire; plants in 1992. As of 2011, only 12 plots. Fruiting production occurred in AGFD 2011b, entire). The populations plants occur in the plot. The plot 16 of the 22 years reported with 6 to 85 are widely separated from one another experienced its highest number of percent of tagged cactus fruiting in any (roughly 31 km (19 mi) apart) in seedlings from 1989 to 1992, a period given year. New recruits, however, geographically disjunct locations. In when the BLM recorded plants in the appeared to be low, with a total of 34 Mohave County, populations have been smallest size class. Only one other new plants (average of 2 per year) documented in Mainstreet Valley near seedling was detected in 1994. Between reported in 11 of the 16 years. There Dutchman Draw, in Hurricane Valley 1997 and 2005, the two size classes were a total of 40 mortalities between near Toquer Tank, in Lower Hurricane were relatively equal. After 2007, the 1988 and 2005, and 251 plants were Valley near Temple Trail, in Salaratus larger size class showed an upward reported missing or retracted from 1998 Draw in the Hurricane Cliffs, on trend, while a significant drop occurred to 2009 (average of 21 plants per year). Clayhole Ridge, and on Sunshine Ridge. in the smaller size class. This gap In summary, abundance has varied in Populations have also been documented between the two size classes has this plot overall. Since 2001, plant in Coconino County near the canyon continued through 2011, in which 83 numbers have declined by 33 percent. rims of Marble Canyon, South Canyon, percent of the plot’s individuals are Even with the high number of plants and North Canyon Wash in House Rock adult plants. There were a total of 111 that produced fruit and considering that Valley. Searches for the Fickeisen plains plants counted as recruitment (plants larger individuals produced multiple cactus after 1987 have not located any with a diameter less than 20 mm (0.79 fruit, recruitment appears to be poor. additional occurrences despite the in)) with an average of 7 individuals per Mortalities, in combination with the abundance of suitable habitat present year; 94 percent of those were reported number of plants missing or retracted, (Hughes 1996a, p. 47; Hughes 2011, from 1994 to 2004. On average, 31 are substantially high in light of overall pers. comm.). percent of tagged plants fruited in 5 of plant numbers. The years between 2000 In 1986, the BLM established long- the 22 years of percent fruiting was and 2001 are the exception, when plant term monitoring at the Dutchman Draw, recorded. From 2001 to 2011, 174 plants numbers increased from 20 to 63. North Canyon wash, Clayhole Ridge, were reported missing or retracted Reasons attributed for the sharp increase and Sunshine Ridge populations (average 35 plants per year). Mortality are unknown and do not appear to be (Hughes 1996a, p. 47). The plots were totaled 257 plants over a 15-year period correlated to weather, as the spring of located in populations that contained from 1987 to 2011 with 144 of those 2000 was very dry (Hughes 2000a, p. 1). the densest number of Fickeisen plains occurring in the year 2000. The BLM cacti and were easily accessible (Hughes Sunshine Ridge—The Sunshine Ridge stated that the 144 mortalities included 2009, p. 28; Hughes 2011, pers. comm.). plot is located along a ridgeline and tagged plants that that were previously They were visited each year from 1986 downslope on a bench next to Toroweap counted as retracted plants but because to 2009, and in 2011, to record Road (Hughes 1996b, p. 17). This plot they had not been seen since the late information on abundance, size has experienced great variations in plant nineties, they were assumed to be dead (diameter), reproduction, recruitment, numbers. Monitoring began with six mortality, and missing or retracted (Hughes 2000a, p. 2). In summary, this plants in 1986, and as of 2011, the plot plants. BLM classified plants into five plot has shown a continued decline contained 34 plants. Plant numbers different size classes based on measured since 1992. Although many plants are fluctuated from a high of 44 (1992) to width between 1987 and 1995. After within reproductive age, there have not none being observed in 2000, because 1997, two size classes were used to been any significant increases in plant they were either retracted or dead reflect the juvenile (0 to 15 mm (0.6 in)) numbers. Mortality and the number of (Hughes 2000a, p. 1; Hughes 2005a, and adult (16 to 31 mm and greater (0.63 plants missing or retracted have been pers. comm.), possibly in response to to 1.22 in)) size classes. The changes to higher than the number of new recruits. below-average precipitation that year. the size classes prevents comparing the With only 12 plants in 2011, we believe The plot had two distinct periods of data among years; however, it does this plot could be extirpated in the near relatively high numbers; from 1990 to provide some information regarding the future. 1995, with an average of 35 plants, and proportion of the population in the Clayhole Ridge—The Clayhole Ridge from 2005 to 2011, with an average of small and larger size classes that can be plot occurs on top of a limestone ridge 29 plants. The worst years occurred in used to describe recruitment. Besides (BLM 2007b, p. 67). Plant numbers have between these peaks. The plot was the four plots, BLM established seven varied with a high of 63 individuals vandalized in 1996, which may have cluster plots: Navajo, Ward, Salaratus (2001) and a low of 16 individuals contributed to the significant decline, Draw 1, Salaratus Draw 2, Sunshine (1998). Since 2001, plant numbers have although plants were not observed to Ridge 2, Temple Trail, and Toquer declined by 33 percent. As of 2011, the have been damaged by the vandalism Tank. Cluster plots consist of rebar plot has 42 plants. No seedlings were (Hughes 2005a, pers. comm.). From centered among a small number of reported from 1987 to 1995, when the 1987 to 1995, 77 percent of individuals scattered individuals. These are visited small size classes were measured. were greater than 10.1 mm (0.40 in) in once every 5 to 10 years for the purpose During that period, 76 percent of the diameter, while only two very small of recording presence/absence. individuals were greater than 20.1 mm plants were discovered during this Dutchman Draw—The Dutchman (0.79 in) in diameter, while 9 percent period. From 1997 through 2011, the Draw plot is the largest plot, situated were less than 10 mm (0.39 in) in majority of the plants were in the larger within tall, dense grass in Mainstreet diameter. The gap between the small size class which currently includes 85 Valley. It has experienced a 95 percent and larger size classes has continued percent of the individuals in this plot.

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Fruit production occurred in 10 of the appears to be dominated by aging adult be occupied by the species. When 22 years, with 16 to 79 percent of tagged cactus. Very few small plants were Hughes last visited Salaratus Draw I and cacti fruiting. A total of 26 new recruits documented between 1986 and 1995. In II in 2001, he noted that both sites were (average 1.7 per year) occurred in 7 of addition, mortality, combined with the very dry (Roaque 2012, pers. comm.) the 16 years reported. A total of 43 number of plants missing or retracted, and plants may have been retracted at plants died, with 74 percent of those exceeds recruitment. This plot is the time. Hughes further noted that the mortalities occurring from 1989 to 1995. trending towards decline due to poor cluster plots are located in areas with There was also a total of 45 plants recruitment and the current size-class dense grass in which, the plants are reported missing or retracted (average of distribution. difficult to find if they are not in bloom. 4 per year), with 82 percent of these Information collected on the seven We do not have any additional reports occurring from 2006 to 2009. In cluster plots was reported in BLM’s information to describe the conditions summary, this plot has experienced 2001 annual monitoring report and is at the Toquer Tank cluster plot; great fluctuations in numbers but has limited to count data (Roaque 2012, however a visit to the area is warranted. maintained an average of 21 plants over pers. comm.). The Navajo and Ward We are seeking any information about the years. Reasons for the fluctuations clusters plots are located in proximity to the status of the Fickeisen plains cactus have not been fully investigated. Despite the Dutchman Draw population. In at these three areas, specifically a high percentage of plants fruiting, only 1986, 4 plants were found at Navajo and information to describe abundance, two seedlings were documented over a 12 at Ward. Visits to these sites in 1993 health, and age-class diversity of the 16-year period. Both mortality and the reported zero plants in both plots. These plants. We also seek information number of plants missing or retracted sites were last visited in 2001 and 10 describing the status of its habitat and exceeds the number of new recruits. The plants each were found in both plots. any land use activities occurring within status of the species in the plot appears No information describing the 1993 visit occupied areas (see Information to be unstable and trending towards was provided in the monitoring report. Requested). Reported numbers for Salaratus Draw 1 decline. We also have limited information and Salaratus Draw 2 were 5 and 12, North Canyon—The North Canyon about the three populations located in respectively in 1986 (BLM 1986, p. 2) Plot occurs in House Rock Valley on House Rock Valley where the Fickeisen and, 2 and 11 plants, respectively in two small hills near North Canyon plains cactus has been documented, but 1993. In 1994, the Service visited these areas have not been visited in over wash. As of 2011, the plot contained 39 Salaratus Draw sites and counted 14 plants. Plant numbers have also varied plants in Salaratus Draw I and 30 plants 18 years. The populations are located at and have not been investigated. From in Salaratus Draw II (Brooks 1995, p.1). Beanhole Well, Marble Canyon, and 1987 to 1991, plant numbers increased Both of these sites were last visited in South Canyon in House Rock Valley by approximately 55 percent, then 2001 and zero plants were reported near the North Rim of the Grand Canyon declined by approximately 81 percent in (Roaque 2012, pers. comm.). We do not National Park. The Beanhole Well 1992. The sharp decline was attributed have locations of these sites, in relation population is located north of the South to a high number of plants lost from to the other, on file. Because the BLM Canyon site and just south of Highway rodent predation in 1992. Post 1992, referred to these sites as simply 89A near the Vermillion Cliffs. This is plant numbers have gradually increased Salaratus Draw in their 1986 annual a small population that was discovered to a high of 40 in 2004 and 2005, and monitoring report and we do the same in 1979, and contained only three plants currently fluctuate between 31 and 39 in this document unless specificity (Anderson and Gierisch 1979, p.1; individuals. Size structure has been between the two sites is called for. The AGFD 2011b, entire). Field notes dominated by larger individuals since Sunshine Ridge II cluster plot had 9 described the plants as healthy, scarce, 2000; few to no seedlings have been plants in 1986 and 23 plants in 2001. and with several size classes present. reported. From 1988 to 1995, 85 percent The Temple Trail cluster plot had 5 The site had been revisited by Hughes, of plants were greater than 10.1 mm plants in 1986, 1 plant in 1993, and 7 and while occupied habitat was (0.40 in) in diameter. No small-sized plants in 2001. observed, no plant numbers were plants were found during these years. The Toquer Tank cluster plot was reported to us (Calico 2012, pers. From 1997 through 2002, the size class visited regularly from 1986 to 1991. The comm.). The only available information distribution was relatively equal. After reported number of plants found during about the Marble Canyon site was that 2002, a shift occurred, with an increase that time ranged from 8 in 1986, up to 8 plants were documented there in 1979 in the number of individuals in the 13 in 1991, to 7 in 1994 (Table 4) within a 100-by 100-m area (0.06-by larger size class and a decrease in the (Roaque 2012, pers. comm.; AGFD 0.06-mi) (Phillips 1979, p. 3). Near the number in the smaller size class. 2011b, entire). Information from BLM’s canyon rim of South Canyon, a total of Currently, 90 percent of plants are in the annual monitoring reports for the years 41 plants among three populations were larger size class. Fruit production 1995 through 2000 noted ‘‘no observed in 1979 within a 1,000-by 200- occurred in 11 of the 22 years reported, observations’’ for the Toquer Tank m (0.62-by 0.12-mi) area. Only three with 8 to 64 percent of tagged cactus cluster plot but did not provide an plants were noted having several size fruiting. There were 31 new recruits explanation to what this meant. We do classes present; plants appeared healthy (average of 2 plants per year) in 10 of not know if this signifies that the cluster but scarce. In 1987, 52 plants were 16 years reported. There were a total of plot was not visited or whether a visit observed during a soil study at the 37 mortalities, including the 26 deaths did occur but no Fickeisen plains cacti South Canyon site (AGFD 2011b, in 1992. A total of 72 plants were were observed at the time. entire). Travis (1987, p.4) observed reported missing or retracted (about 6 Subsequently, the BLM no longer animal burrows at the site with the plants per year); 65 percent of those included Toquer Tank in their Fickeisen plains cactus found in the occurred from 2002 to 2005, when the monitoring reports. disturbed ground. A short-term plot also increased in numbers. In Despite the confusion with Toquer monitoring plot was established there summary, the plot has maintained Tank and the length of time since the from 1982 until 1989 (Phillips et al. between 31 and 39 individuals since Salaratus Draw cluster plots were last 1982, p. 7). The only available 2004. Given the size structure, the plot visited, we believe these areas may still information described poor recruitment

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in the plot, which was attributed to 2008, p. 6). Since 2007, plant numbers from management actions. Beyond their below average precipitation (Service have declined by 49 percent with 70 discovery, the Kaibab National Forest 2001a, p. 1). The site was last visited in plants found as of 2011 (NNHP 2011b, has not monitored these plants. 1993 by Hughes (Roaque 2012, pers. p. 2). In 2009, 31 plants were found Occupied areas are managed for comm.), who had observed several dead or could not be relocated with 8 multiple uses but the predominant uses Fickeisen plains cacti but did not new recruits. In 2011, 28 plants were are wildlife habitat, livestock grazing, provide specific information on plant found dead or were not located with one and recreation. Additional suitable numbers. We are seeking any new seedling observed (NNHP 2011b, p. habitat is believed to exist in the Lower information about the status of the 3). Of the remaining plant in the plot, and Upper Basin areas on the Tusayan populations at these three areas, their observed condition, mean Ranger District. Surveys for the specifically information to describe diameter, and reproductive output Fickeisen plains cactus are needed in abundance, health, and age-class declined as well. From 2006 to 2008, the order to verify this (USFS 2009, p. 72). diversity of Fickeisen plains cactus. We majority of plants were rated in State and Private Lands—A large also seek information describing the excellent condition. The number of occurrence of the Fickeisen plains status of its habitat and any land use plants rated fair or poor increased from cactus was documented in 2006, near activities occurring within occupied 4 in 2008, to 23 in 2009. These patterns the rim of Cataract Canyon on Cataract areas (see Information Requested). may have been influenced by above- and Espee Ranches, which is owned and Navajo Nation Lands— The Navajo average rainfall in 2005 and 2007, but managed by Babbitt Ranches, LLC. Nation lists the Fickeisen plains cactus below-average precipitation in 2008 These ranches are located on the as a Group 3 species on the Navajo through 2010, on the Navajo Nation Coconino Plateau south of the Grand Endangered Species List, which is a (NNHP 2011b, p. 3). The mean diameter Canyon National Park. The land within ‘‘species or subspecies whose prospects of plants between 2008 and 2009 was 28 Cataract Ranch includes 18,210 ha of survival or recruitment are likely to mm (1.10 in). By 2011, the mean (45,000 ac) of private land and 53,823 be in jeopardy in the foreseeable future’’ diameter declined by 5 mm (0.20 in) as ha (133,000 ac) of land leased from the (Navajo Nation Division of Natural a result of the cactus shrinking rather State of Arizona (The Nature Resources 2008). There are 15 known than a loss of plants in that size class. Conservancy (TNC) 2000, p. 4). On populations of the Fickeisen plains The plot has been dominated by the December 7, 2000, TNC acquired 13, cactus on the Navajo Nation (NNHP larger size classes with 1 percent of the 953 ha (34,480 ac) of the privately 2011a, p. 1). Eleven populations contain plants recorded as seedlings. owned parcels and placed these lands fewer than 20 plants, while three and Reproductive structures observed in under a conservation easement; TNC possibly five populations contain only 2009 and 2011 were flower buds, refers to the easement land as the two to three individuals (Table 3). Three flowers both at and past their peak, and Cataract Natural Reserve Land (TNC hundred and fourteen plants occur in a aborted flower buds, an observation 2000, p. 22). The easement land forms single population discovered in 2009. which was similar to phenological a large contiguous block in the southern This site was visited in February 2012 results in 2008. In general, reproductive portion of Cataract Ranch, but is with monitoring planned in the near effort in 2009 was moderate, while in interspersed among numerous parcels of future. Only 4 of the 15 populations 2011 it was extremely low compared to State land in the northern portion of the have been visited more than one time by 2008. In 2008, 205 reproductive ranch (TNC 2000, p. 3). The Espee Ranch is adjacent to the western the Navajo Nation Heritage Program structures were observed on 98 plants, staff (NNHP 2011a, p. 1). They reported boundary of the Cataract Ranch and and this was attributed to above-average substantial decreases in plant numbers includes State and private lands. rainfall in 2007, whereas 2008 and 2010 recorded during their most recent visits Surveys for the Fickeisen plains cactus had below-average rainfall (NNHP to two of these populations; the other on the Espee Ranch were planned for 2011b, p. 3). In summary, short-term two populations appeared stable. We do spring of 2012; the status of that survey results demonstrate a continued decline not have information on the total is unknown. over the last 5 years. Mortality, amount of occupied habitat of the From 2006 to 2011, Goodwin located combined with the number of plants Fickeisen plains cactus on the Navajo 307 Fickeisen plains cacti at 37 sites missing between years, is exceeding the Nation. while conducting a general floristic Surveys for the Fickeisen plains number of smaller, young plants inventory on the Cataract and Espee cactus on the Navajo Nation occurred in observed. In addition, the reproductive Ranches (Goodwin 2006, p. 7; Goodwin 1994, when 280 individuals were output appears to be low, in that no fruit 2008, pp. 8–10; Goodwin 2011a, pp. 1– located (NNHP 1994, p. 3). Re-surveying were observed, and was likely 9). The number of plants recorded at of known populations between 2004 influenced by below-normal each site was detected using a 5–10 and 2005 resulted in only half of the 15 precipitation. minute visual search of the area populations located and substantially Kaibab National Forest Lands—The (Goodwin 2011b, pers. comm.). About fewer plant numbers than the 280 Kaibab National Forest has recorded two 146 Fickeisen plains cacti are located on previously reported (Roth 2005, pers. limited occurrences of the Fickeisen the Cataract Natural Reserve Land, and comm.). In 2006, a monitoring plot was plains cactus (USFS 2005, p. 148; AGFD 161 plants are on State land (Goodwin established at one of their largest 2011b, entire). These occur near the 2011a, pp. 18–20). Only two mature populations (Salt Trail Canyon) (Roth National Forest boundary of the North plants were located on the Espee Ranch. 2007, p. 3). The plot has been monitored Kaibab Ranger District below the eastern Goodwin defined sites as physical annually except for 2010, to estimate and western edges of the Kaibab breaks in the habitat separating one population trends and record Plateau. The total number of plants that occupied area from another (Goodwin reproductive efforts. occur is unknown, but the population is 2011b, pers. comm.). Occupied sites had In 2006, 119 plants were recorded considered to be small with only a few an average of 8.3 plants (range of 1 to within the plot. Plant numbers individuals (Phillips 2005, pers. 32 individuals) within a 0.10-ha (0.25- increased to 143 individuals in 2007, comm.). Additionally, the amount of ac) or smaller sized area. About 30 but this rise was primarily due to habitat is considered to be very limited percent (92 of 307 plants) of the plants increased survey efforts that year (Roth and located in remote areas far removed observed were classified as immature

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plants that appear to be of less than higher rates of missing or retracted observed declines are restricted to breeding age. The distribution of the plants and mortality over several monitoring plots that may not plants appears to be loosely associated consecutive years and low seedling accurately reflect rangewide trends. In with the Cataract drainage. Most recruitment. Adult plants, which addition, our inability to say with occupied areas occurred no farther than produce more fruit and have a greater certainty that plants that have been 3.22 to 4.83 km (2 to 3 mi) from the rim reproductive output then immature recorded as missing or retracted are of the canyon and covered a 48-km (30- plants have been removed from the BLM dead may mean that we have mi) linear area (Goodwin 2011a, p. 7). populations and are not being replaced underestimated the decline. However, No formal surveys or permanent by new recruits. Short-term monitoring we conclude, based on the information monitoring plots have been established. results from the Salt Trail Canyon analyzed, that the largest populations The Fickeisen plains cactus has been population on the Navajo Nation have declined, and that recruitment is documented on a mix of Federal, tribal, indicate plant numbers have declined reduced or nonexistent for the and private land near the vicinity of by 49 percent in the last 5 years. This monitored populations. Gray Mountain. These areas have not population is also dominated by older been visited for many years, and the adult individuals that appear to have Summary of Factors Affecting the status of the plants is unknown. low reproductive output based on Fickeisen Plains Cactus Information from the AGFD Heritage aborted reproductive structures Factor A. The Present or Threatened Data Management System noted that a observed in 4 of the 5 years monitoring Destruction, Modification, or Fickeisen plains cactus found on the occurred, with high mortality compared Curtailment of Its Habitat or Range Navajo Nation near the town of Gray to recruitment. Mountain was collected as a herbarium Of these five populations, the Based on the habitat characteristics specimen in 1962 (AGFD 2011b, entire). observed decline in seedling described above, potential factors that This site was believed to have been recruitment and survival is difficult to may affect the habitat or range of the revisited in 1977, but location attribute to a single cause; it is more Fickeisen plains cactus are discussed in information provided from that visit likely associated with a combination of this section, including: (1) Livestock was too vague. The area was last visited environmental factors that are acting grazing; (2) nonnative, invasive species; in 2009 by the Navajo Nation botanist together. The reproductive capacity for (3) uranium mining; (4) road and three plants were found (NNHP the Fickeisen plains cactus is construction and maintenance; (5) ORV 2011a, p. 2). In 1984, four Fickeisen considered to be naturally low (e.g., low use and recreation; (6) commercial plains cacti were found in the same seed production and poor dispersal development; and (7) drought and vicinity, south of the Navajo Nation but mechanism), in which, introducing climate change. on private land near a sewage disposal external factors that may place Livestock Grazing pond on the western side of Highway additional stress on the life history 89. This site has not been revisited since characteristics of these populations may The habitat of the Fickeisen plains 1984. Across the highway on the eastern further inhibit population growth. cactus has been grazed since the late side, 29 live and 4 dead Fickeisen plains Because these five monitoring plots are 1800s, and continues to be used for cacti were found in 1981. The AGFD located in large populations and have grazing by cattle, domestic sheep, and Heritage Data Management System demonstrated significant decreases in feral horses. In general, livestock grazing noted that plants were scattered near plant numbers, it is likely that the may result in direct loss or damage to Mays Wash where BLM, State, and smaller, isolated populations whose the Fickeisen plains cactus and the privately owned lands occur (AGFD status is unknown are experiencing habitat that supports its persistence as a 2011b, entire); however the location similar declines. The Fickeisen plains result of trampling, compacting soil, information suggests most plants are cactus on the Cataract Ranch is the increasing erosion, losing the soil seed found on BLM lands. In 1983, a exception. This population is the only bank, introducing invasive species, and monitoring plot was established but location showing relatively good age- disturbing native pollinators there is no information that describes class diversity (30 percent of the (Klemmedson 1956, p. 137; Ellison those efforts or results. The area was last population is considered to be 1960, p. 24; Fleischner 1994, entire; visited in 1984, and four plants were immature); however, there is no long- Trimble and Mendel 1995, pp. 234–240; observed, three of which were in bloom. term monitoring information for this Kearns et al. 1998, p. 90; DiTomaso In summary, of the 1,150 Fickeisen area to draw conclusions. This area has 2000, p. 257). For the Fickeisen plains plains cacti among 33 populations that the largest population of the Fickeisen cactus, the risk of trampling is greatest have been documented since 1962, we plains cactus, but only 29 percent of when plants emerge above ground at the only have recent information pertaining those individuals are protected under same time that cattle occupy the area. to the status of 504 individuals among the conservation easement. Given their small size and lack of hard 6 populations. We acknowledge that Based on the best available spines, plants are vulnerable to being additional Fickeisen plains cacti may be information on the species, the known stepped on and may be killed or present in the other 27 known numbers of the Fickeisen plains cactus damaged as a result (Phillips and populations, but these have not been have declined. It is likely that the Phillips 1995, p. 6). During the wet visited for over 18 years, and the status species will continue to decline, for the winter months when rainfall is of the plant is unknown. Of the six reasons described below, as mature sufficient, water may collect in pockets populations, five are currently plants die and few seedlings are present of bedrock on the canyon rims, monitored. These five plots are within to replace them. The viability of the five attracting livestock to these areas. the largest populations on the Arizona monitored populations has been Although most plants retract in winter, Strip and one of the largest populations reduced due to low recruitment and the those plants whose crown sits above the on the Navajo Nation. Long-term results loss of mature, reproductive plants. If surface are still vulnerable to trampling from the BLM show a 59.5 percent the threats described below continue to and risk damage to their meristem. decline in plant numbers for the four affect these populations, the long-term Plants can also be dislodged by cattle as monitored plots combined since 1992. viability of the populations may be they wander through an occupied area. The decline appears to be a result of compromised. We acknowledge that the Increased grazing pressure can

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negatively impact Fickeisen plains 2008a, Appendix C). The Beanhole, pincushion cactus) as they do for the cactus habitat. The soil where plants Soap Creek, Temple Trail, and Fickeisen plains cactus. Over a 14-year occur is shallow, sandy, and easily Wildband Allotments are categorized as period, Hughes (2005b, p. 17) reported compactible, and may be covered by ‘‘improve allotments.’’ These are two plants killed in the monitored plots biological soil crusts, which are easily ‘‘managed to improve resource from trampling. However, in response to damaged by trampling (NRCS 1997, p. conditions or conflicts and receive the the Service’s concern for grazing 10; Evans and Johansen 1999, p. 185). highest priority for funding and impacts to the Brady pincushion cactus, Livestock concentrating within management actions’’ (BLM 2007a, p. 3– the BLM established linear transects to occupied areas can lead to soil 124). The Mainstreet, Toquer Tank, and determine livestock damage to the compaction and erosion that may White Pockets Allotments are managed Brady pincushion cactus along the rim decrease the ability of the soil to store as ‘‘maintain allotments.’’ These of Marble Canyon (Service 2001b, seed and support seedling allotments are managed ‘‘to maintain entire). The results showed that 15 establishment, and may prevent plants current satisfactory resource conditions Brady pincushion cacti were killed from from seasonally retracting underground and are actively managed to ensure that trampling in the 3 years the transects (BLM 2007b, p. 74). resource values do not decline’’ (BLM were monitored (Hughes 2005b, p. 17). Bureau of Land Management Lands— 2007a, p. 3–124). The Mainstreet Hughes commented that the soil was Livestock grazing has occurred on the Allotment is managed under a best wet and hoof prints were deep in the Arizona Strip and within the habitat of pasture system, which attempts to soil. Clark and Clark (2008, p. 3), the Fickeisen plains cactus since the match cattle movements with variable monitoring the Pediocactus winkleri mid-1800s (BLM 2007a, p. 3–123). precipitation patterns and seasonal (Winkler pincushion cactus), found that Unregulated use of the rangeland forage production rather than strict 58 of 107 (54 percent) plants were between the late 1880s and early 1900s rotational schedules (Howery et al. stepped on directly by cattle over a 13- resulted in overgrazing and rangeland 2000, entire). Forage utilization levels year period, with some plants stepped deterioration. The passage of the Taylor for key species are authorized at the 50 on more than once. Thirty-five of those Grazing Act (43 U.S.C. 315) in 1934 led percent average of the current years’ plants died immediately from being to grazing reform and the establishment growth (BLM 2007a, 3–125). We do not trampled, while of those that survived, of allotments, kind and number of have trend information describing 60 percent eventually died within 4 livestock, and seasons-of-use. Between rangeland conditions for the pastures years of their trampling injury. This the late 1950s and 1980s, the BLM made occupied by the Fickeisen plains cactus. provides some evidence that damage further adjustments in livestock Available information indicates varying caused to plants from trampling may not numbers and the season-of-use, and levels of grazing use across occupied be readily apparent immediately after implemented regulated grazing systems habitat on the Arizona Strip (Brooks the event. We anticipate that more and management plans. Compared to 1995, p.1; Roaque 2011, pers. comm.). Fickeisen plains cacti have died from 1900s, the current permitted level of Impacts associated with livestock being stepped on, either immediately or grazing has been substantially reduced. grazing have documented direct later in time, but are not being detected The land and the vegetation community mortality to the Fickeisen plains cactus through the current monitoring methods is slowly recovering, with habitat from trampling. Over a 17-year period, (Service 2000, p. 2; Service 2007a, p. 8). improvements noted by the BLM over monitoring by the BLM detected 12 the last several decades. Although Fickeisen plains cacti killed from In the House Rock Valley, past heavy populations of the Fickeisen plains trampling. Three plants died at Clayhole use of the range, in conjunction with cactus persisted during past years of Ridge following heavy spring rains. arid conditions and drought, has overgrazing, we do not have information Hughes (1988, p. 2) documented cattle resulted in degradation of the rangeland to describe any historical effects grazing had congregated in the area of the (Grand Canyon Trust (GCT) 2011) and may have had to the plant. Fickeisen plains cactus, and it appeared slowed grassland regeneration. The All habitat occupied by the Fickeisen that considerable bull fighting occurred, North Canyon population was located in plains cactus on the Arizona Strip resulting in disturbance to the plant and the Cram Allotment, which has been occurs within active grazing allotments the soil. Seven plants died from conjoined into the Soap Creek (BLM 2007b, p. 67). The Dutchman trampling at Sunshine Ridge, including Allotment within the Kane Ranch. The Draw plot is located in the Mainstreet a large mature plant and five seedlings BLM had identified the western half of Allotment and within a transitional in 2001 (Hughes 2004, p. 2), and two the Cram Allotment as having a severe pasture that is used in May for 2 to 4 plants died from trampling at Dutchman overgrazing problem historically and up weeks; the Clayhole Ridge plot is Draw (Hughes 2000a, p. 2). In House until 1996. The North Canyon located within a single pasture of the Rock Valley, the risk of trampling to the population occurred in the area heavily White Pockets Allotment and has Fickeisen plains cactus may be greatest grazed (Hughes 2000b, p. 21). An season-long grazing from mid-October to during the wet winter months when October 1995 site visit to the Cram June; the Sunshine Ridge plot is within rainfall is sufficient to provide water for Allotment by Service staff reported that the Wildband pasture of the Wildband cattle on the canyon rims and into the number of cattle had been reduced Allotment that is used from mid-June to occupied habitat (Hughes 2001, pers. from 150 head yearlong to 50 head in September; and the North Canyon plot comm.). Because not all plants retract the winter-spring season due to the poor is within Rider Point pasture of the completely underground, directly condition of the allotment (Brooks 1995, Soap Creek Allotment that has winter- stepping on the plant can damage the p. 1). In 1995, the BLM installed new spring use. The Salaratus Draw meristem and prevent flower production water sources on the eastern half of the population is in the Salaratus pasture in the future. allotment and blocked water tanks from that is used in the winter season. Plants There is evidence from other filling up on the western half. This was in the Temple Trail cluster plot are in monitored Pediocactus species that anticipated to reduce livestock use on the Temple Trail Allotment, Beanhole trampling can impact numerous plants the western half and help to alleviate Well plants are in the Beanhole and often results in direct mortality. The grazing pressure within occupied Allotment, and Toquer Tank plants are BLM conducts similar monitoring for Fickeisen plains cactus habitat (Hughes in the Toquer Tank Allotment (BLM the Pediocactus bradyi (Brady 2000b, p. 22). In 2003 to 2004, the

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permittee of the Cram Allotment, now conditions. In addition, heavy use in Heritage Program pertaining to the 15 Soap Creek Allotment sold all of the occupied Fickeisen plains cactus habitat known Fickeisen plains cactus livestock and grazing ceased on the during times when the plant may populations indicate some livestock Kane Ranch until 2005. During the already be stressed from drought may be impacts have been observed within the period from 2003 to 2005, the Fickeisen contributing to the plant’s poor or 3 largest populations (Hellhole Bend, plains cactus in the North Canyon plot nonexistent germination and Salt Trail Canyon, and Blue Spring) experienced the greatest increase in the recruitment. The Fickeisen plains cactus (NNHP 2011a, p. 4). A 2012 site visit to number of plants observed in the plot appears to be able to rebound when the the Hellhole Bend population observed since 1986. grazing pressure has been removed, as habitat disturbance by feral horses and In 2005, the GCT and Conservation demonstrated in the North Canyon plot. sheep, but no impacts to plants were Fund purchased the grazing lease and However, if the population numbers are observed (Robertson 2012, p. 1). Some currently maintain a reduced number of too low—such as the Dutchman Draw of the native vegetation within occupied cattle on the allotment compared to plot—recovery may be very slow, or habitat appeared to have been heavily previous levels (GCT 2011). They may not occur. grazed, likely attributable to animals conducted a baseline ecological Navajo Nation Lands—Livestock seeking forage following a dry winter. assessment and found nonnative, grazing on the Navajo Nation has Livestock damage by sheep was invasive species, particularly cheatgrass, occurred since the 1880s, primary by observed at the Salt Trail Canyon abundant on the Kane Ranch in House domestic sheep and cattle. Stocking population in 2005 (Roth 2007, p. 2) and Rock Valley and the range in poor rates and the impact of grazing on the again in 2008, with nine livestock- quality likely from past heavy winter landscape have varied over the years related mortalities. Roth (2008, p. 2) grazing. In addition, rangeland recovery (NNHP 2011a, p. 2). Overgrazing was documented six dead plants located has been slow due of the arid climate documented in the past (Libecap and within a depression in the ground that and drought conditions, such that forage Johnson 1980, pp. 71–75; Richmond and was believed to have been dug by sheep productivity, vegetative cover, and soil Baron 1989, entire) and remained that bedded down on top of the plants. stability are low (GCT 2011). The GCT problematic through the mid-1990s Monitoring of the plot in 2011 found began an experimental reseeding project (HCN 1996, p. 2). We do not have some evidence that the plot had been and is investigating restoration information on the current grazing disturbed by animals (i.e., one plant techniques of the desert grassland levels, but similar to the BLM land, appeared to have been partly eaten) and community. These efforts, if successful, drought conditions have compounded may have contributed to the high would improve the quality of habitat for rangeland recovery from past heavy use mortality that year (NNHP 2011b, p. 4). the Fickeisen plains cactus. necessitating balancing rangeland An October 2011 site visit by the In summary, the Fickeisen plains capacity, family-owned herd sizes, and Service observed the habitat had been cactus populations on BLM lands are local economies (Redsteer et al. 2010, disturbed by feral horses and sheep within active grazing allotments. The pp. 5–6, 11). Navajo Nation also concentrating in the area. We do not timing of when cattle are present within supports an estimated 30,000 feral know at this time how frequent or how occupied Fickeisen plains cactus habitat horses that contribute to and cause long this site may be used by livestock. varies among the four populations but overgrazing problems (Navajo Times The only other available information corresponds to the periods when the 2012). Attempts to control the feral documented hoof prints of cattle and plants are emergent, and also when they horse population continue to be an sheep near a cluster of the Fickeisen flower and produce fruit. Direct ongoing issue on the Navajo Nation. plains cactus at Shinumo Altar in 1991; mortality from trampling has resulted in Livestock grazing is managed by the one cactus had been partially uprooted the documented loss of 12 plants, but District Grazing Committees, Farm and was lying in a hoof print (NNHP more plants have likely been affected. Boards, and Eastern Navajo Land Board 1994, p. 5). Over time, losses to mature individuals members. Oversight and technical Kaibab National Forest Lands—On or damage caused by trampling that assistance is provided by the Grazing the North Kaibab Ranger District, the prevents future reproduction will result Management Office under the Navajo Fickeisen plains cactus occurs in the in population declines. The rangeland Nation Department of Agriculture. In Slide Pasture of the Central Winter that supports habitat for the Fickeisen general, grazing permits are authorized Allotment that is also part of the Kane plains cactus experienced past year round on the west side of the Ranch. The Slide Pasture has not been overgrazing. Although current grazing Navajo Nation, while the Eastern Navajo grazed since 2002 (Phillips 2012, p. 1). levels are far reduced from historic authorizes seasonal permits for the In addition, the Central Winter levels, the rangeland continues to be mountainous areas (Hazelton 2012c, Allotment was closed to grazing from grazed during periods of drought. pers. comm.). Grazing permits are held 1996 to 2001 due to the 21,448-ha Information from the BLM and GCT by individuals for a certain number of (53,000-ac) Bridger-Knoll wildfire. The suggests that the seasonal variation and animal units. The grazing permits are habitat type within 3.2 km (2 mi) of the changes in the timing of precipitation generally considered permanent and are Fickeisen plains cactus population is have resulted in slowed recovery of the inherited by the spouse or children not suitable for livestock; there are rangelands from historic overgrazing within a family. Livestock rotation is at occasional sagebrush, but no understory and heavy, winter grazing over the past the discretion of the families that own grasses. A 2011 Kane Ranch few years. These effects have likely the livestock. Environmental Assessment is currently diminished the quality of suitable All areas occupied by the Fickeisen in process that would address the habitat, particular in the Sunshine Ridge plains cactus on the Navajo Nation are impacts of livestock grazing to the and North Canyon wash plots that are potentially subjected to impacts Fickeisen plains cactus. Populations on being managed to improve resource associated with this grazing (NNHP the eastern side of the forest boundary conditions or conflicts. Both of these 2011a, p. 1). However, monitoring has are within the Grand Canyon National plots have shown great fluctuations in not been conducted in such a way to Game Preserve, which has no livestock plant numbers that may be correlated assess the overall impacts of grazing to grazing. with habitat deterioration from livestock the Fickeisen plains cactus and its State and Private Lands—The grazing coupled with climate habitat. Notes from the Navajo Nation Cataract Ranch has been utilized for

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livestock grazing for well over 100 has added to rangeland deterioration modify the activity of pollinators years. Livestock grazing, by cattle and and changes to the vegetation through producing different nectar from horses, occurs within occupied community, while the drier climate is native species (Levine et al. 2003, p. Fickeisen plains cactus habitat but is compounding recovery of the grasslands 776) or introducing nonnative managed differently than grazing on the that support habitat for the Fickeisen pollinators (Traveset and Richardson BLM and Navajo Nation and is not plains cactus. 2006, pp. 208–209). Introduction of comparable. While the cattle operations Long-term monitoring has nonnative pollinators or production of are vital to the Cataract Ranch, livestock documented direct mortality to the different nectar can lead to disruption of grazing is managed in a manner that is Fickeisen plains cactus from livestock. normal pollinator interactions for the consistent with the philosophies, More plants on the BLM lands have Fickeisen plains cactus. values, and conservation ethic of the likely been killed or damaged from Within the range of the Fickeisen Babbitt Ranches. For example, cattle trampling, especially given evidence of plains cactus habitat, the BLM operations are one component of the trampling on other Pediocactus species, identified 15 nonnative, invasive Cataract Ranch, but the Ranch and the but for which the effects are not species: 9 that are designated as noxious other Babbitt Ranches are managed in a captured during the monitoring period. weeds in Arizona and 6 nonnative holistic manner that incorporates Trampling has removed adult species that are not listed as noxious ecology (wildlife habitat, vegetation individuals from the population. While weeds on the Arizona Strip (BLM 2007a, diversity, watershed health, historical this occurs infrequently and affects a pp. 3–34). The Cataract Ranch identified preservation, cultural values, and few plants, it contributes to population 26 nonnative, invasive species on their recreation), the local and regional declines and may exacerbate the effects land. Some of these species are the same economies, and the local and regional of small population size (see Factor E. species that are also found on the BLM human community (Babbitt Ranches Other Natural or Manmade Factors (Goodwin 2011a, p. 11). Those 2012, entire). Therefore, herd sizes are Affecting Its Continued Existence nonnative, invasive species that are not adjusted in response to seasonal section). Thus, livestock grazing, in and common to both landowners include availability of water and forage due to of itself, may not rise to a population- Acroptilon repens (Russian knapweed), drought but are managed together with level threat for the Fickeisen plains Alhagi maurorum (camelthorn), Bromus rangeland health, watershed, and cactus, but when combined with tectorum (cheatgrass), B. rubens (red wildlife habitat. More specific to the additional stressors such as nonnative brome), Halogeton glomeratus Fickeisen plains cactus, Goodwin species, drought, and climate change, (halogeton), Salsola tragus (Russian (2011a, p. 8) noted no habitat impacts rodent and rabbit predation (discussed thistle), and Taeniatherum caput- from grazing in this population while below), the combined effect will likely medusae (medusahead). In addition, conducting searches for the plant from produce population-level impacts to the Roth (2007, p. 2) documented Erodium 2006–2011. Additionally, a land Fickeisen plains cactus. Therefore, we cicutarium (redstem filaree) within assessment by TNC determined that believe that livestock grazing, in Fickeisen plains cactus habitat on the much of Cataract Ranch remains in an conjunction with other factors, is a Navajo Nation. On the Arizona Strip, we have some undisturbed, natural state (TNC 2000, p. threat to the Fickeisen plains cactus and information on the distribution of 1), and the general ecological conditions its habitat. nonnative, invasive species relative to of the land are excellent (TNC 2011, p. Nonnative, Invasive Plant Species the Fickeisen plains cactus. Generally, 9). While the Fickeisen plains cactus A potential threat to the Fickeisen the majority of nonnatives occur near remains vulnerable to being stepped on plains cactus and its habitat is areas between Mainstreet Valley and by cattle or horses, we anticipate that nonnative, invasive species. The spread just east of Hurricane Cliffs (BLM 2007a, livestock grazing would not rise to a of nonnative, invasive species is Figure 3–12), where Fickeisen plains population-level threat based on habitat considered the second largest threat to cactus populations are scattered. During conditions. We, therefore, do not imperiled plants in the United States a site visit in 2011, Russian thistle was anticipate livestock grazing on the (Wilcove et al. 1998, p. 608). Invasive identified in the Dutchman Draw plot, Cataract Ranch to be a threat to the plants—specifically exotic annuals— but any negative effects the species may Fickeisen plains cactus and its habitat. negatively affect native vegetation, have on the plant have not been In summary, all habitat for the including rare plants. One of the most documented by the BLM. Cheatgrass, at Fickeisen plains cactus occurs in areas substantial effects is the change in varying levels of abundance, is found on that have been grazed and will continue vegetation fuel properties that, in turn, the Kane Ranch in House Rock Valley. to be grazed in the future. Heavy grazing alter fire frequency, intensity, extent, Based on preliminary modeling results has been documented on approximately type, and seasonality (Menakis et al. that predict the probability of cheatgrass 40 percent of its range, including the 2003, pp. 282–283; Brooks et al. 2004, occurrence, the probability of cheatgrass Arizona Strip and Navajo Nations lands, p. 677; McKenzie et al. 2004, p. 898). occurrence appears to be low within in with the latter being largely unregulated Shortened fire return intervals make it the vicinity of the Fickeisen plains grazing management. Although current difficult for native plants to reestablish cactus at North Canyon wash, although grazing pressures across the range of the or compete with invasive plants cheatgrass is present within proximity Fickeisen plains cactus are far below the (D’Antonio and Vitousek 1992, p. 73). to the canyon rims. levels of the late 1800s, the continued Invasive plants can exclude native On the Kaibab National Forest, presence of Fickeisen plains cactus does plants and alter pollinator behaviors cheatgrass is the only nonnative, not suggest grazing has no effect on the (D’Antonio and Vitousek 1992, pp. 74– invasive species known to exist in the plant. Based on available information, 75; DiTomaso 2000, p. 257; Traveset and Fickeisen plains cactus habitat (USFS the rangelands are still recovering from Richardson 2006, pp. 211–213; Cane 2005, p. 139). According to the Forest, past heavy grazing across the range of 2011, pp. 27–28). For example, cheatgrass occurs in very low densities the Fickeisen plains cactus. Continued cheatgrass and red brome outcompete and is not expected to increase due to grazing on the BLM and Navajo Nation native species for soil nutrients and lack of available substrate and minimal during the prolonged drought in the late water (Aguirre and Johnson 1991, pp. habitat disturbance. However, the GCT, 1990s and local droughts in the 2000s 352–353; Brooks 2000, p. 92), as well as through their modeling, identified a

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high probability of cheatgrass seed production at elevated levels of increase in the future. Therefore, we occurrence just south of occupied carbon dioxide (Smith et al. 2000, pp. consider nonnative, invasive species to Fickeisen plains cactus habitat (GCT 80–81; Ziska et al. 2005, p. 1328). be a threat to the Fickeisen plains 2011). If this patch is ignited by a The Fickeisen plains cactus has likely cactus. lightning strike, there is the potential for evolved adaptions to low intensity, Uranium Mining cheatgrass to carry a fire into the area frequent grass fires but may not survive where the Fickeisen plains cactus high intensity fires even at low fire High-quality uranium ore deposits are occurs. Another concern would be if a return intervals. Some of the Fickeisen found on the Arizona Strip and on the high density patch of cheatgrass were plains cacti populations occur on ledges Coconino Plateau. Interest in the ignited but the fire stops short of and in areas with sparse vegetation region’s uranium deposits increased in Fickeisen plains cactus habitat, the away from annual grasses and would 2008, as the price for uranium ore rose, areas burned could facilitate the spread likely not be impacted. However, there and applications for new mining claims of cheatgrass towards occupied are some populations, such as were sought on public lands Fickeisen plains cactus habitat, where Dutchman Draw, Sunshine Ridge, and surrounding the Grand Canyon. In the cactus could potentially decrease in the Salt Trail Canyon, where invasive, response, the Secretary of the Interior density and cheatgrass become a prolific annual grasses could facilitate the signed Public Land Order Number 7787 competitor. spread of fire into occupied habitat and (PLO 7787) effectively withdrawing On the Navajo Nation, the presence of impact the population. It is difficult to 407,335 ha (1,006,545 ac) of Federal invasive, annual grasses may have know for certain if cheatgrass could mineral estates within three parcels contributed to the decline of the affect the Fickeisen plains cactus or its from any individual or company making Fickeisen plains cactus within the Salt habitat on the Kaibab National Forest. a new mining claim under the Mining Trail Canyon (Roth 2007, p. 2). During With the probability of high densities of Law of 1872 (30 U.S.C. 22 et seq.) for a high rainfall years, high densities of red the species surrounding the plant, the 20-year period (BLM 2012a, pp. 1–4). brome and redstem filaree have potential for negative impacts does Existing locatable mineral operations in dominated the habitat in the Salt Trail exist. In other species of Pediocactus, the withdrawal area will continue to be Canyon monitoring site (Roth 2008, p. monitoring of the Pediocactus paradinei managed under the current Federal land 4). Roth (2005, p. 1) observed an overall (Kaibab plains cactus) exposed to agency regulations. decline in the Fickeisen plains cactus different fire intensities indicated high However, notices of intent or plans of population at that time, finding more intensity fires resulted in plant operations submitted after the effective numbers of the Fickeisen plains cacti in mortality (Warren et al. 1992, abstract). date of the withdrawal for mineral areas where fewer exotic grasses There is also evidence suggesting that exploration or development on BLM occurred. Red brome is known to invasion and dominance of cheatgrass and the National Forest System lands on deplete soil water faster and at greater following a past fire may have claims pre-dating the withdrawal would depths than native annual species contributed to the decline or loss of not be able to proceed unless the mining (Brooks 2009, p. 118), and can some Kaibab plains cactus in the House claim was determined to be valid under germinate before native annuals in years Rock Valley (USFS 2007, p. 47), the Mining Law of 1872 as of the date with low precipitation and earlier in the suggesting that fire could impact the of the segregation from new mining season (Salo 2004, p. 293). Higher Fickeisen plains cactus in a similar claims (July 21, 2009). Sampling may densities of red brome may also reduce manner. At this time, however, we do still occur on claims pre-dating the the germination of native plant species not have sufficient information to withdrawal to support the mineral (Brooks and Esque 2000, p. 40). Red evaluate whether the presence of examination. In the event the claims are brome is an early flowering, winter nonnative, invasive species would determined to be valid, mining activities annual species that utilizes winter facilitate the spread of wildfires into could occur at some point in the future precipitation (Rice et al. 1992, pp. 32, Fickeisen plains cactus habitat. (BLM 2011a, 2–14). 38; Salo 2004, p. 291). Fickeisen plains In summary, nonnative, invasive There are three Fickeisen plains cactus is also a species that germinates species such as cheatgrass, red brome, cactus populations in two parcels of the early in the spring, and, although no and redstem filaree grow rapidly and are withdrawal area boundary. The studies have investigated the prolific seed producers in wet years. Sunshine Ridge population is in the relationship of nonnative, invasive Although we lack site-specific North parcel; the North Canyon wash annuals on the seed germination of the information on where nonnative, and the Kaibab National Forest plant (Roth 2008, p. 4), the occurrence invasive species occur, we do know populations are in the East parcel (BLM of red brome and redstem filaree are they occur in varying densities within 2011a, Figure 3–8.1). The mineral likely to result in competition for or near the Fickeisen plains cactus. withdrawal essentially removed the resources the Fickeisen plains cactus Invasion of these species may contribute potential for negative effects on the depends on. to the low recruitment of the Fickeisen Fickeisen plains cactus and its habitat Cheatgrass and red brome can plains cactus by inhibiting seedling that would be associated with the increase in abundance after a wildfire germination due to competition and location and development of new and increase the chance for more increasing the plant’s risk of exposure to mining claims for the longevity of PLO frequent fires (D’Antonio and Vitousek high intensity fires. Densities of the 7787. Although, if the development of 1992, pp. 74–75; Brooks 2000, p. 92; nonnative, invasive species may existing valid mining claims in the East Brooks and Pyke 2001, p. 5). In increase due to climate change (see parcel were to proceed, we anticipate addition, cheatgrass invades areas in ‘‘Drought and Climate Change’’ section, that the potential for adverse effects response to surface disturbances (Hobbs below) because invasive annuals from the mine on the North Canyon and Huenneke 1992, pp. 324–325, 329, increase biomass and seed production at wash population would be low. This is 330). Cheatgrass and red brome are elevated levels of carbon dioxide primarily due to plants growing on likely to increase due to climate change (Brooks and Pyke 2001, p. 42; Bradley ledges and along the rim of the wash, (see ‘‘Drought and Climate Change’’ 2009, p. 203). Based on available where mineral activity would not likely discussion, below) because nonnative, information, we anticipate that densities occur. We also anticipate this low invasive annuals increase biomass and of nonnative, invasive species will impact scenario to be likely for the

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Kaibab National Forest population due Lands on the Arizona Strip that are from State land that would need to cross to its proximate location near canyon outside of the withdrawal area boundary onto land in the Cataract Natural rims. are open to uranium mineral Reserve Land, would be prohibited. On the North Parcel, there are six development (BLM 2008a, pp. 1–20). Additionally, the location of some mines surrounding the Sunshine Ridge Because the Fickeisen plains cactus Fickeisen plains cacti growing near the population (BLM 2011a, Figure 2.4–2). occurs in small, isolated areas on rim of Cataract Canyon may be Two mines (Hack Canyon and Hermit particular soil types, small disturbances protected from development activities, mines) are located in close proximity to to the vegetation and soils may reduce but those located 4.8 km (3 mi) from the the Sunshine Ridge population but are suitable habitat; increase the erosion rim could potentially be impacted. Loss currently in reclamation status and no potential; enable invasion of nonnative, of individual plants would lead to impacts to the population are invasive plants; and increase the risk of declines in the Cataract Ranch anticipated. Three mines (Arizona 1, mortality from clearing, crushing, or population, which is currently the Kanab North, and Pinenut) have an trampling associated with developing largest known population, and hinder approved plan of operation and pre-date mining sites (Service 2007a, p. 90; BLM the ability of the Fickeisen plains cactus the withdrawal. All three are located 2011a, p. 4–154). The BLM anticipates to increase its distribution in this area. well outside of occupied Fickeisen a very low likelihood that any such It would also contribute to the further plains cactus habitat. The Arizona 1 project would be proposed within the decline of the rangewide population. mine has been operating since late 2009 habitat of the Fickeisen plains cactus. If In summary, PLO 7787 effectively (BLM 2012b, p. 6), and no impacts to such a project is proposed, the BLM withdrew over 407,335 ha (1,006,545 ac) the plants have been documented by the would take measures to minimize of federal mineral estates for a 20-year BLM. The Pinenut mine is scheduled to impacts to the Fickeisen plains cactus as period; this action removes the begin operations in 2012 (McKernan described above (BLM 2007b, pp. 74– immediate threat of habitat loss or 2012, pers. comm.), but due to its 76). degradation associated with distance from the Sunshine Ridge On the Coconino Plateau, just south of development of new uranium mines to population, no impacts are anticipated. the Grand Canyon National Park, there the Fickeisen plains cactus populations The Kanab North mine is operating is a continued interest in uranium in House Rock Valley, in the Kaibab under interim management (e.g., mining on State land. The company National Forest, and on Sunshine Ridge. standby status) and will begin VANE Minerals holds mineral rights (or We acknowledge the possibilities that reclamation activities in the summer of mineral interest to mine uranium) on a valid existing mining claims in the 2012. The sixth mine, EZ Mine, is large number of properties that are withdrawal area boundary could result located to the west of the population spread over an area of approximately in the development of a uranium mine and proposed for development. The 16,187 sq km (6,250 sq mi) (VANE in the future. If that happens, we are potential direct and indirect effects to Minerals 2012) and that include less concerned with the three the Fickeisen plains cactus would be the occupied Fickeisen plains cactus habitat populations being adversely affected loss, removal, or injury of plants and on State land within the Cataract Ranch. because of the specific location of the loss of habitat from the development of The company has completed surface plants near canyon rims. For land on the the mine but also habitat degradation or drilling for their Wate Uranium Breccia Arizona Strip that is outside of the fragmentation from road construction, Pipe—located 9 miles south of the withdrawal boundary area, we material transport, and new power lines Grand Canyon National Park and near anticipate a low probability that (Payne et al. 2010, pp. 8–9; BLM 2011a, the Hualapai Indian Reservation. The Fickeisen plains cactus populations p. 2–15). The BLM, however, will company is pursuing a mineral lease would be impacted by future uranium complete a project-specific from the Arizona State Land Department development. If a mine were to be environmental analysis in the near for ‘‘uranium exploitation’’ of the Wate developed near occupied habitat, the future that addresses site-specific deposit and for preliminary efforts BLM would implement avoidance analysis, findings, and decisions regarding development of the mine. No measures to reduce or minimize impacts regarding the EZ Mine, and what plan Fickeisen plains cactus has been to the Fickeisen plains cactus, which we of operations will be made (BLM 2011a, documented in this general area, and anticipate would be incorporated into pp. 2–29–2–30). We anticipate the therefore the plant would not be their analyses for the development of opportunity to work with BLM and affected by development of a mine. the EZ Mine. On State land, the address any potential negative impacts Exploration drilling has been conducted potential for uranium mining could from this mine on the Fickeisen plains for twelve additional uranium result in direct mortality and loss of cactus at that time. In addition, the mineralized breccia pipes that are habitat within the Cataract Ranch North Parcel has seven breccia pipes located within 32 km (20 mi) of the population. However, most plants are that are confirmed to have uranium Wate deposit (SRK Consulting 2011, p. located in close proximity to the rim of resources, and those uranium resources 14–1). No mineral resources for these Cataract Canyon and would not likely have been estimated (BLM 2011a, pp. 3– have been established as of 2011, but if be affected by mining construction or 35–3–36; BLM 2012b, p. 7). Any mining a uranium resource is confirmed, a operations. Additional protection to the claim containing these seven breccia potential exists for a mine to be plant is provided through the terms of pipes would be able to demonstrate developed. If that occurs and depending the conservation easement, which valid existing rights and would be on location information, there is a prohibits new development, including mined. If one of the claims were to be potential for construction and mining, on those parcels, thus developed into a mine, the BLM would operations to impact the Fickeisen preventing new roads or right-of-ways take measures to minimize impacts to plains cactus on State land within from State lands crossing onto private the Fickeisen plains cactus, such as Cataract Ranch. Direct and indirect lands. Therefore, based on available conducting preconstruction surveys to impacts would be the same as those information, we do not anticipate that flag avoidance areas and minimize identified for the Sunshine Ridge development of a uranium mine would impacts to the species (BLM 2007b, pp. population. However, any development, rise to the level of significance and 74–76). including mining and associated roads meaningfully impact the Fickeisen

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plains cactus and its habitat. Thus, we vehicles to injure or kill a Fickeisen candidate species (most recently at 75 conclude that uranium mining is not a plains cactus and impact its habitat by FR 69222, November 10, 2012). At this threat to the Fickeisen plains cactus or pulling off the roadway to park or turn time, however, we cannot quantify the its habitat. around (BLM 2007b, p. 75). Plants extent of ORV-use impacts on the taxon growing along the Navajo Trail near or its habitat, but they continue at some Road Construction and Road Mainstreet Valley have been affected by unknown level. Most documented Maintenance drivers pulling off designated routes in occurrences happened in the past and Roads can destroy or modify habitat the past (Hughes 2005, pers. comm.). were isolated occurrences. ORV use may and increase human access that may Disturbance from ORV use associated become a threat to the Fickeisen plains lead to trampling (discussed below). with unauthorized camping was cactus in the future but at this time, we Additionally, road construction can lead documented in House Rock Valley, do not consider it to be a threat to the to increased erosion, and vehicle traffic where a driver drove off-road towards plant or its habitat. on unimproved roads can result in the canyon rim near the South Canyon Commercial Development increased atmospheric dust and dust population (Service 2007b, p. 1). These deposition on vegetation. Road are the two documented reports that we The Navajo Nation is currently maintenance on U.S. Highway 64 near have of the Fickeisen plains cactus interested in developing its land along the Navajo Nation resulted in three being impacted by ORV use on BLM the canyon rims of Marble Canyon and Fickeisen plains cacti being salvaged lands since 2005. In reviewing the the Little Colorado River gorge to from the existing right-of-way and a BLM’s monitoring reports, there were no increase tourism and create more jobs fourth cactus protected by fencing documented mortalities associated with that would boost their local economy (Arizona Department of Transportation ORV use to the Fickeisen plains cactus (NNHP 2011a, p. 1; Navajo-Hopi 1992, p. 1). Road maintenance also over the 23 years the plant was Observer 2012). The Navajo Nation contributed to an unknown amount of monitored. President recently signed a nonbinding habitat loss or disturbance, which was Most of the Fickeisen plains cactus agreement with a local Arizona likely small in size. habitat on the Navajo Nation is developer that lists a resort hotel and We analyzed road maintenance and accessible by dirt two-track roads. spa, restaurant, half-mile river walk, and considered it a potential threat to the Although traffic in these areas is light, recreational vehicle park among the Fickeisen plains cactus in the November and there is an extensive network of attractions that would enable tourists to 9, 2009, Candidate Notice of Review (74 existing dirt roads, new roads are easily descend into the Grand Canyon. FR 57804). On the Arizona Strip, the continually being created, presumably While we do not have specific Fickeisen plains cactus occurs next to by locals herding livestock (NNHP information about these plans, roads that receive routine maintenance. 2011a, p.1). No plants have reportedly development along the rim of the Little The cactus grows close to and, in some been impacted, but there is potential for Colorado River has the potential to cases, in the middle of existing unpaved habitat degradation as a result. In impact the Salt Trail Canyon population but well-maintained roads, making it addition, 9 of the known 15 populations located nearby. Trampling of plants by highly vulnerable to becoming crushed are located along the scenic canyon rims people and loss of plants and habitat to or injured by motorized vehicles. Road of Marble Canyon and the Little make way for development are both of maintenance activities had resulted in Colorado River gorge, where tourist concern. Available information suggests the mortality of a few individuals of the traffic is concentrated. Car tires and foot that plans for the proposed development Fickeisen plains cactus on BLM land. traffic have been documented as have not begun (NNHP 2011a, p. 1) and These appear to have been isolated damaging the Fickeisen plains cactus at may still be in the early design phase. occurrences that happen infrequently some of these sites (NNHP 1994, p. 5; The Salt Trail Canyon is a known and impacted a small number of NNHP 2011a, p. 1). These impacts are recreational site located to the north of individual plants. Future road likely to increase in the future as there the Fickeisen plains cactus population. construction associated with both are future plans to develop tourist Aside from use by hikers, the area is uranium and urban development may activities on Navajo land near Marble used by Federal and State agencies as a impact plants that occur on non-BLM Canyon and the Little Colorado River point of entry to conduct native fish lands. However, future road gorge (NNHP 2011a, p. 1). surveys in the Little Colorado River. construction is anticipated to be On the Cataract Ranch, increased Overall use of the area appears to be localized in time and space, and would recreation, primarily associated with minimal, and no recreational impacts to not rise to the level of becoming a hunting, has been observed since 2006. the Fickeisen plains cactus have been significant threat to the Fickeisen plains Hunting relies on the use of ORV to observed. cactus. Therefore, we do not consider retrieve wildlife and access camp sites. A popular tourist destination that has road construction and road maintenance However, no impacts to the Fickeisen existed for many years occurs within the to be a threat to the Fickeisen plains plains cactus related to recreational Fickeisen plains cactus population that cactus. activities or ORV use have been is adjacent to a Little Colorado River observed while conducting searches for overlook. This population was last Off-Road Vehicle Use and Recreation the plant on the Cataract Ranch visited in 1997, and contained 15 plants Off-road vehicles are a means of (Goodwin 2011a, p. 8). distributed among two ridges (NNHP transportation and a form of recreation In summary, the habitat of the 2011a, p. 4). Abundant foot traffic in the range of the Fickeisen plains Fickeisen plains cactus is mostly open within occupied habitat was identified cactus. On the Arizona Strip, the BLM with flat topography. With most plants as a threat to the population by the limits motorized and mechanized growing along scenic canyon rims, there Navajo Nation Heritage Program. vehicle use within Fickeisen plains is an increased risk of plants being Although the tourism at this site will cactus habitat to existing routes and destroyed or damaged by vehicles continue in the future, most foot traffic trails. However, motorized vehicles may driving off-road for recreational is confined to paved sidewalks leading pull off a designated route up to 30.5 m purposes. We identified ORV use as a towards the canyon rim and outside of (100 ft) on either side of the centerline potential threat to the Fickeisen plains occupied habitat. An additional to camp. There is the potential for cactus in our annual assessment for population occurs east of the overlook

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area that is also well known among the Little Colorado River gorge may In the last 30 years, the Colorado plant enthusiasts and, as a consequence, substantially impact the Salt Trail Plateau has experienced a 0.2 to 0.5 °C frequently visited (NNHP 1994, p. 5). Canyon population through potential (32.36 to 32.9 °F) increase in average This population was last visited in habitat loss or disturbance. The Salt temperature, particularly in average fall- 1999, and one individual was located Trail Canyon population is one of the winter temperatures. Future climate (Table 3). The timing of the visit was larger populations on the Navajo Nation projections forecast increases in both outside of the flowering season, making and rangewide. Losses to this the average and extreme temperatures it difficult to locate plants (NNHP population would result in further that are expected to result in less 2011a, p. 4). Both of these areas are declines to the rangewide population. available soil moisture for plants easily accessible from the highway and However, the protected status of the (Schwinning et al. 2008, p. 14). In receive a large number of visitors. Fickeisen plains cactus and its addition, the Colorado Plateau may be Trampling of plants and habitat occurrence within a designated Preserve shifting towards a climate of reduced disturbance associated with tourism would to minimize or reduce potential winter precipitation over the next 20 to may increase in the future simply due impacts from future commercial 30 years. Winter accumulation, which to the popularity of this site and the development. In addition, we do not recharges the soil moisture needed for accessibility of plants next to the have any information to indicate spring vegetative growth, was below highway. Although habitat disturbances whether plans to develop commercial average in 11 years from 1996 to 2007. to the Fickeisen plains cactus have properties will occur in the future. Similarly, spring precipitation was occurred here in the past and may be Therefore, the threat of commercial below average in 8 years from 1996 to occurring presently, we have no development is not impending, and we 2006 (Hereford 2007, p. 6). By 2090, information to be able to quantify this do not consider this a threat at this time precipitation is predicted to decline by threat. or within the near future. as much as 5 percent across the There is also a potential for human Colorado Plateau, placing greater stress development to expand into or next to Drought and Climate Change on native plants and resulting in a the Fickeisen plains cactus habitat on For background information, please greater susceptibility of existing the Navajo Nation. A land dispute ecosystems to be replaced by nonnative, refer to the first paragraph of the between the Navajo and Hopi Tribes invasive plant species (BLM 2011b, ‘‘Drought and Climate Change’’ resulted in the implementation of a entire). discussion under Factor A. The Present construction ban in 1966 that limited The Fickeisen plains cactus is development (Maxx 2012, p. 2). That or Threatened Destruction, adapted to the semi-arid climate of the ban was lifted in 2009, but no Modification, or Curtailment of its Colorado Plateau by retracting development has occurred due to the Habitat or Range in the Summary of underground in response to dry and poor economy. The land has remained Factors Affecting the Acun˜ a Cactus. As cold climatic conditions. Weather mostly undeveloped, but the ability to previously discussed, the Fickeisen patterns, timing of precipitation, and construct new homes or make plains cactus is an endemic species with cool nighttime lows influence improvements provides Tribal members localized, small populations. In germination and seedling establishment access to areas previously restricted. If addition, these populations are of the Fickeisen plains cactus (Brack this occurs, we do not anticipate the restricted to very specific soil types. 2012, pers. comm.). If climate patterns Fickeisen plains cactus to be Global climate change exacerbates the move towards more aridity, the significantly impacted because new risk of extinction for species that are reproductive output of the Fickeisen home locations would not be near the already vulnerable due to low plains cactus may be reduced. Increases canyon rim where the plant occurs. population numbers and restricted in summer temperatures may lead to Additionally, the Fickeisen plains habitat requirements. Predicted changes longer periods of time that the plant cactus is listed as a Group 3 species on in climatic conditions include increases remains retracted underground, and the Navajo Endangered Species List, in temperature, decreases in rainfall, temperatures may rise to a level that is which is a ‘‘species or subspecies whose and increases in atmospheric carbon beyond the plants’ natural threshold for prospects of survival or recruitment are dioxide in the American Southwest survival. Studies on cacti seedling likely to be in jeopardy in the (Easterling et al. 2000, pp. 2072–2073; survival have shown that seedlings are foreseeable future’’ (Navajo Nation IPCC 2007, p. 48; Archer and Predick able to survive long periods of drought Division of Natural Resources 2008, 2008, pp. 23–24; Karl et al. 2009, p. when they are larger and have the entire). Its listed status on tribal land, in 129). Although we have no information capacity to store enough water to endure addition to the location of the Salt Trail on how the Fickeisen plains cactus will their first dry season (Nobel 1984, p. Canyon population within an area respond to effects related to climate 316). Seedlings of the Fickeisen plains designated as a Preserve, would likely change, persistent or prolonged drought cactus have been observed under mature reduce or minimize impacts to the conditions are likely to reduce the plants, which act as nurse plants; the population (see Factor D. The frequency and duration of flowering and shading provided by a parent or nurse Inadequacy of Existing Regulatory germination events; lower the rock may increase their survival (NNHP Mechanisms, below). recruitment of individual plants; 1994, p. 4). Increases in soil In summary, commercial compromise the viability of temperatures, coupled with below- development associated with tourism populations; and impact pollinator average precipitation, may increase activities has impacted the Fickeisen availability, as pollinators have been seedling mortality. plains cactus’ habitat. Impacts to documented to become locally extinct A study published in 2012 modeled occupied habitat near the Little during periods of drought (Memmott et the species’ distribution of endemic Colorado River overlook were al. 2007, pp. 713–715). The smallest plants on the Colorado Plateau (Krause documented in the past and are change in environmental factors, and Pennington 2012, entire). It ongoing. This population is small and especially precipitation, plays a decisive identified limiting factors that define would benefit from a current site visit. role in plant survival in arid regions the habitat needs of the species and the Plans for future commercial (Jordan and Nobel 1981, pp. 904–905; top-five predictor variables that development near Marble Canyon and Nobel 1984, pp. 310, 316). influence their distribution. In level of

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importance, the model included the extreme on the population. For (NNHP 2011b, p. 3). Some of these Fickeisen plains cactus’ and ranked the example, from 2001 to 2002, Navajo plants may have been retracted at the minimum temperature of the coldest officials reported 30,000 cattle time. However, many plants observed month second, precipitation of driest mortalities from lack of water and between 2008 and 2011 failed to quarter third, and isothermality fourth forage. Many traditional people on the produce fruit or flower, and fruit buds in predicting Fickeisen plains cactus reservation live in subsistence lifestyles. were observed to be aborted. This distribution (Krause and Pennington Over half of the population lives suggests low seed production, which 2012, p. 140). Of emphasis was the without indoor plumbing and are would cause that population to decline variable isothermality, the mean day-to- dependent on hauling water. Their over time. night temperature range compared to water supplies are derived from shallow In summary, the climate on the the annual temperature range, in aquifers and are sensitive to dry Colorado Plateau and Navajo Nation is predicting endemism on the Colorado conditions. When availability is low, predicted to become warmer with Plateau. As nighttime lows during the families often use water supplies reduced precipitation in the future. We winter season are predicted to increase, intended for livestock (Redsteer et al. have strong evidence to suggest that the isothermality or the reduction in daily 2010, p. 2). Fickeisen plains cactus is being temperature variance may hinder In interviews with 50 tribal elders, impacted by drought coupled with seedling germination for the Fickeisen Redsteer et al. (2010, p. 7) summarized increased annual temperatures. We plains cactus for reasons discussed the most common observations believe that the high number of dead above. regarding drought: (1) Long-term and missing or retracted plants in all On BLM lands, observed trend decreases in the amount of annual plots monitored is influenced by below- information from the four monitoring snowfall over the past century; (2) average winter or spring precipitation at plots appear to correlate with changes in decline in surface water features and the time when plants need soil moisture climate patterns. Increases in plant water availability; (3) disappearance of to flower. Poor reproduction in the numbers and observed seedlings were springs and of plant and animal Fickeisen plains cactus is likely to documented between 1986 and roughly populations; and (4) changes in the worsen in the future if climatic patterns 1992. These years were characterized as frequency of wind, sand, and dust shift towards becoming more arid with a wet period where the annual storms. These have been corroborated increased winter nighttime precipitation was above the regional with other findings. Weiss et al. (2009, temperatures. With climatic models median on the Colorado Plateau (USGS p. 5923) found that a significant predicting future regional droughts, it is 2002, p. 2). After 1992 through increase in evapotranspiration occurred likely that all populations of the approximately 2005, when the region during the warmer months of the 2000s Fickeisen plains cactus will continue to experienced a prolonged drought, the drought due to higher temperatures. It is be affected by drought and climate Fickeisen plains cactus among the plots likely that above-average spring change. However, it is not clear if experienced variable decreases in plant temperatures are linked to a decrease in drought or climate change, of numbers. Monitoring of the Fickeisen the amount of new growth among themselves, present population-level plains cactus during years with below- plants. It has been suggested that threats of extinction. It appears that average precipitation documented low warmer spring temperatures lead to drought and climate change in recruitment, increased rodent predation, early germination. Plants respond by combination with rodent predation (see and an increase in the number of plants ending dormancy and begin using Factor C. Disease or Predation, below), retracted or missing (Hughes 1988, p. 1; available soil moisture earlier and more as a combined effect, is the more likely Hughes 1996c, p. 1; Roaque 2012, pers. quickly in the season. Then, they must scenario for population-level impacts to comm.). In total, 817 plants were survive longer dry periods before the the plant. Additionally, the small and recorded as missing or retracted over the start of the monsoons (Redsteer et al. declining populations of the Fickeisen 13 years when this parameter was 2010, p. 7). plains cactus make the species recorded. The years with the highest Seasonal increases in temperature and susceptible to natural environmental number of missing plants were from changes in the timing of precipitation variability, including climate 1999 to 2007, the time period that have likely influenced the observed 49 conditions. Therefore, based on our corresponds to the drought in the percent decline in the Salt Trail Canyon review of the available information, we Southwest. We do not believe all 817 population. The observed low conclude that climate change and missing plants are attributed solely to recruitment, high number of plants drought are threats to the Fickeisen drought, but drought is likely a missing between years, and mortality plains cactus populations. significant contributing factor to the can be thus be partly attributed to the Summary of Factor A observed decline in the populations. drought (NNHP 2011b, pp. 4–5). The Navajo Nation is in one of these Corresponding with regional climate Based on our review of the best driest areas in the State. About 45 patterns, annual precipitation during available scientific and commercial percent of all annual precipitation the monitoring period was below information, we conclude that fire occurs during the warmer months of average for each year except for 2007. associated with nonnative, invasive July through September. Climate data Winter precipitation was uncommonly plant species; uranium mining; road are variable on the reservation, but long- high during 2005, the year before the construction and road maintenance; term information shows a drying trend monitoring plots were installed, and in ORV use; and commercial development has occurred since 1944, and a warming 2010, the year that the plots were not are not threats to the Fickeisen plains trend has occurred since the mid-1970s monitored. While several winter storms cactus and its habitat. We have (Navajo Times 2011). The drought in the came through the region, total rainfall determined that direct loss of plants and Four Corners region was officially accumulation was still below average habitat loss and modification due to the recorded from 1999 to 2009, although during the 2011 monitoring period. direct and indirect effects of livestock many residents believe it began in 1996, Many of the plants that could not be grazing; nonnative, invasive plant which would make it the longest located in 2011 were assumed dead species; and drought and climate change drought in Navajo history. The effects of because their vigor during previous are threats to the Fickeisen plains the last drought have been particularly surveys was rated as ‘‘poor’’ in 2009 cactus. These threats, in and of

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themselves, may not result in significant the Fickeisen plains cactus within the Factor C. Disease or Predation population-level impacts to the last ten years. The BLM and the Navajo We are aware of a single report of a Fickeisen plains cactus. However, the Nation have not observed or potential diseased plant in the Shinumo above factors appear to be acting documented incidences of Fickeisen Altar population on the Navajo Nation. synergistically, placing a major stress on plains cacti being collected on their In 1991, a mature plant in poor the known plants monitored rangewide lands. In addition, we do not have condition was observed to have a large with little indication of population information from the Arizona Native hole through its caudex with orange-red growth and age-class diversity. The Plant Division indicating that material there. We have no further populations for which we do not have unauthorized collection of Fickeisen information regarding disease in other reliable and current information on their plains cactus from their natural habitat Fickeisen plains cactus populations. status are likely in decline. These has occurred (Reimer 2012, pers. Therefore, we do not consider disease to populations are also being impacted by comm.). Furthermore, apprehension of be a threat to the Fickeisen plains drought and are also susceptible to the collectors or enforcement of the law is cactus. same level of threats as the monitored difficult for Pediocactus species populations. Thus, the combined effects considering they occur in remote areas Rodent and Rabbit Predation of each threat elevate the intensity and that are not regularly patrolled. Small mammal herbivory on cactus scope of impacts to the Fickeisen plains Currently, collection pressure on the species is known to occur during dry cactus and its habitat to where these Fickeisen plains cactus and demand for conditions when animals seek available threats are significant over time. plants in the wild appears to be low for moisture from the plant or available Therefore, based on our review of the several reasons. Over the past 20 years, food from cactus fruit (Butterwick 1987, available information, we conclude that there has been increased sensitivity p. 3; Phillips and Phillips 2004, pp. 14– the present or threatened destruction, towards collection of rare plants from 15; Sivinski and McDonald 2007, p. modification, or curtailment of the their natural populations among 104). Because of their small size and Fickeisen plains cactus habitat or range collectors who are satisfied with taking spongy spines, the Fickeisen plains is a threat to the species. photographs rather than live specimens cactus may be less protected from Factor B. Overutilization for (Brack 2005, pers. comm.; Brack 2012, animals than other spiny cactus species. Commercial, Recreational, Scientific, or pers. comm.). Secondly, the Fickeisen Herbivory, primarily by rodents, on the Educational Purposes plains cactus has been difficult to grow Fickeisen plains cactus has been Unauthorized collection is a potential in cultivation mainly because of its reported only on BLM lands; however, threat for all species of cacti, but it is a specificity to particular climate it likely occurs throughout the range. specific and definite threat for the genus conditions (cold winter temperatures) The BLM reported a total of 56 plant Pediocactus. Their small size, large (Brack 2012, pers. comm.). However, mortalities associated with rodent attractive flower, and rarity make more experienced growers have predation in the years 1988, 1989, 1990, Pediocactus species in general highly successfully propagated seeds and and 1992. All of the four plots have had sought by collectors, growers, or gardens grown seedlings in captivity. Growers in reported rodent predation. The greatest (Benson 1982, p. 243). Pediocactus are Europe have successfully gown the losses were reported at Dutchman Draw difficult to grow and maintain in Fickeisen plains cactus in cultivation plot, with 21 plants lost between 1988 cultivation. As plants grown in because their climate is similar to that and 1990 (Hughes 1988, p. 2; Hughes backyard gardens die, there is more of the Colorado Plateau (Brack 2012, 1989, p. 2; Hughes 1990, p. 2), and 26 demand for replacement plants. pers. comm.). Currently, the Fickeisen plants at the North Canyon plot in 1992 Unauthorized collection is currently a plains cactus is available from (Roaque 2012, pers. comm.). continuing problem for populations of commercial vendors who can meet the Correspondingly, the winter-spring the threatened Pediocactus winkleri market demand for this rare plant which precipitation in 1992 was below (Winkler cactus) in south-central Utah has helped alleviate collection average. Small mammal burrows have (NPS 2004, p. 1; Borthwick 2012, pers. pressures. Seeds of the Fickeisen plains been observed at the Dutchman Draw, comm.). cactus are also readily available for sale Clayhole Ridge (Robertson 2011, p. 1), We identified unauthorized collection on the Internet to cactus hobbyists. and South Canyon (Travis 1987, p. 4) of the Fickeisen plains cactus as a In summary, unauthorized collection populations. We do not have potential threat in our 2006 Candidate is a threat for some Pediocactus species information about these burrows; Notice of Review (71 FR 53756) and as and a potential threat for the Fickeisen however, they may be contributing to a minor threat in our 2010 Species plains cactus. Based on the best the high number of missing or retracted Assessment and Listing Priority available information, we have no plants within plots. Hughes (1996a, p. Assignment Form. Phillips et al. (1982, evidence suggesting that overutilization 51) believed that heavy cattle grazing p. 5) considered the Fickeisen plains of the Fickeisen plains cactus for may in some part contribute to high cactus to be highly sought after and recreational, scientific, or educational incidences of rodent predation through collected by commercial cactus purposes has occurred or is negatively competition for available forage, collectors or hobbyists wherever it was affecting individuals or populations particularly during periods of drought found. For the period 1994 to 1997, the within the species’ range. We also have that, in turn, cause rodents to eat the Convention on International Trade in no evidence to suggest that cactus. While the relationship between Endangered Species (CITES) annual overutilization of the Fickeisen plains drought and rodent predation is less report documented a total of 5 cactus will occur in the future to such obvious on BLM lands, mortality specimens and 5015 seeds of Fickeisen an extent that the survival of the species associated with rodent herbivory on plains cactus exported (Service 2001a, would be compromised. Therefore, other Pediocactus species suggests that p. 4). However, we do not know what overutilization for commercial, the Fickeisen plains cactus is likely impact the unauthorized collection had recreational, scientific, or educational being impacted rangewide in a similar on the Fickeisen plains cactus during purposes is not considered to be a threat fashion. that time. We are not aware of any to the Fickeisen plains cactus now, nor Monitoring efforts on other evidence of unauthorized collection of do we expect it to be in the future. Pediocactus species reported high rates

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of plant mortality associated with that are in place appear to be adequate pursuant to the Navajo Nation Tribal rodent herbivory. The BLM found that to protect the plant. Code 17, Subsection 507 are protected rodent predation resulted in 81 Brady The Fickeisen plains cactus is listed by take (17 N.N.C. § 507). In addition to pincushion cactus mortalities over a 15- as a highly safeguarded native plant its listed species protection, 9 of the 15 year period (BLM 2007b, p. 55). Phillips under the Arizona Native Plant Law populations are within areas designated and Phillips (1995, p. 7) reported 23 (Arizona Revised Statutes, Chapter 7, as a Preserve, including the three largest Peebles Navajo cactus individuals were 2007, entire). Removal of highly populations. No new activity or lost due to herbivory in 1989, which safeguarded native plants and their development is allowed within these parts is prohibited on public land was attributed to a dry and warmer than Preserves, unless it is compatible with except by permit. They are also normal winter. Sivinski and McDonald management goals established by the (Service 2010, p. 5) identified rabbit and protected from international trade by CITES; however, CITES does not Navajo Nation Department of Fish and rodent predation as a significant cause Wildlife for that area. Any development of mortality on the Pediocactus regulate take or domestic trade. While project proposed within a Preserve knowltonii (Knowlton’s cactus). They these measures lessen the impact from requires a biological evaluation be also found that predation rates increase regulated collection, as described above, during periods of drought, and no there is no indication that an active prepared. The biological evaluation significant germination events had been trade for this plant exists or poses a must demonstrate that the development observed over a 14-year period (Service threat to this plant. activity is compatible with management 2010, p. 12). They infer that low The BLM lists the Fickeisen plains goals for the Preserve, as defined by the recruitment may be due to high seed cactus as a sensitive species (BLM Navajo Nation Department of Fish and predation by rodents in 1993, and they 2007a, p. 3–87). As described in the Wildlife Resource Land Use Clearance find that seeds of mature fruit are BLM Manual section 6840 (BLM 2008b, Policies. These policies are also used by readily eaten by rodents as the fruit pp. 37–38), the BLM will focus sensitive Navajo Nation Department of Fish and ripens, resulting in little seed left to species management on maintaining Wildlife to ensure that proposed mature. species’ habitat in functional development activity in a Preserve will ecosystems, ensuring the species is We acknowledge that small mammal not negatively affect any listed species, considered in land management including the Fickeisen plains cactus. It herbivory is natural under drought decisions, and prioritizing conservation does not, however, apply to daily conditions. While the data are variable that emphasizes habitat needs for the activities, such as livestock herding and for the Fickeisen plains cactus, there is species, thereby preventing the need to adequate evidence from monitoring list the species under the Act. The BLM any tourist activities that cannot be studies on this species and other has the ability to implement easily regulated (e.g., driving and Pediocactus species that rodent conservation measures and best parking at unofficial overlooks) predation is high in drought years. management practices to reduce the (Hazelton 2012c, pers. comm.). It also Climatic conditions throughout the threats to the Fickeisen plains cactus does not include approved pre-existing Southwest are predicted to continue to from livestock grazing, but we are not activities. warm with less precipitation in the aware of any efforts to minimize cattle On the Cataract Ranch, privately future as previously discussed. We, impacts to the plant or its habitat. In owned parcels occupied by the therefore, anticipate that rodent or their approved 2008 Resource rabbit herbivory may increase in the Fickeisen plains cactus are under a Management Plan, the BLM designated conservation easement held by TNC future as a result of predicted changes vegetative habitat areas at Twist Hills in climate. In addition, rodent predation (TNC 2000, entire). These deeded lands and Upper Clayhole Valley for the prohibit any development activities results in the mortality of a large Fickeisen plains cactus (BLM 2008a, p. from occurring on these parcels and number of individuals, effectively 2–41). Management actions that apply to protect the inherent value of the land for causing population declines in a vegetative habitat areas include population that is already small in increased emphasis on protection of the perpetuity. Daily activities such as number. Although we lack clear species; increased consideration during livestock grazing and range evidence of the scope of the impact that National Environmental Policy Act improvements are permitted. rodent predation has had on the (NEPA; 42 U.S.C. 4321 et seq.) analyses; Approximately 29 percent of the known Fickeisen plains cactus and its seeds, and the ability to modify, mitigate, Fickeisen plains cactus population is taken in conjunction with other habitat postpone, or restrict proposed actions to protected by the conservation easement. disturbances occurring across its range, minimize effects to the species. Species- In summary, there are no existing low recruitment, and small population specific conservation measures will legal or regulatory mechanisms in place size, rodent predation is likely to rise to apply to management of these and all to address the primary threats to the the level where it becomes a threat to other areas of occupied and unoccupied Fickeisen plains cactus and its habitat. the plant. habitat for special status species. While the BLM has the ability to Factor D. The Inadequacy of Existing Because these vegetative habitat areas provide habitat protection for the were recently designated, beneficial Regulatory Mechanisms Fickeisen plains cactus, any actions effects to the plant and its habitat have would be voluntary under conservation Please refer to the two introductory yet to be documented. paragraphs of the Factor D discussion On the Navajo Nation, the Fickeisen measures aimed to improve the status of presented above for the acun˜ a cactus. plains cactus is a Group 3 species on the sensitive species. The existing legal or There are no existing laws or regulations Navajo Endangered Species List. Group regulatory mechanisms that are in place that address the primary threats 3 species are those ‘‘species or currently in place do appear to provide to the Fickeisen plains cactus and its subspecies whose prospects of survival adequate protection to the Fickeisen habitat from livestock grazing; or recruitment are likely to be in plains cactus and its habitat in the nonnative, invasive species; rodent jeopardy in the foreseeable future’’ manner they were intended to provide. predation; drought; or climate change. (Navajo Nation Division of Natural Those legal and regulatory mechanisms Resources 2008, entire). Species listed

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Factor E. Other Natural or Manmade decades and projected to continue with increase drought periods and warming Factors Affecting Its Continued the effects of climate change. We find winters. This combination is expected Existence that livestock grazing and nonnative to continue the documented trend of species, in combination with drought mortality exceeding recruitment across Small Population Size and climate change, exacerbate the all populations. All of these factors The Fickeisen plains cactus is a rare, threats to this species (Factor A). We contribute together to heighten the risk endemic cactus that is restricted to a also find predation (Factor C) and other of extinction and lead to our finding particular soil type. Factors such as the natural or manmade factors are threats that the Fickeisen plains cactus is in small population size, low population to the Fickeisen plains cactus (Factor E). danger of extinction, and thus meets the density, the isolation of populations We do not find any threats to the definition of an endangered species. between occurrences, and a poor species from unauthorized collection Listing the Fickeisen plains cactus as mechanism for seed dispersal renders (Factor B). We find no inadequate a threatened species is not the this cactus vulnerable to extinction from existing regulatory mechanisms (Factor appropriate determination because the human and natural disturbances. We D). ongoing threats described above are recognize that this species appears to The Act defines an endangered severe enough to create the immediate have always been rare, yet continues to species as any species that is ‘‘in danger risk of extinction. The continued loss of survive, and could be well equipped to of extinction throughout all or a reproductive adults without adequate continue to exist into the future. Many significant portion of its range’’ and a recruitment poses a significant and naturally rare species have persisted for threatened species as any species ‘‘that immediate risk of extinction to the long periods within small geographic is likely to become endangered species throughout the species’ range, areas, and many naturally rare species throughout all or a significant portion of and is not restricted to any particular exhibit traits that allow them to persist its range within the foreseeable future.’’ significant portion of that range. All of despite their small population sizes. We find that the Fickeisen plains cactus these factors combined lead us to Consequently, the fact that a species is is presently in danger of extinction conclude that the threat of extinction is rare does not necessarily predispose it throughout its entire range based on high and immediate, thus warranting a to being an endangered or threatened documented loss of individuals on the determination of endangered species species. majority of its range, little to no status rather than threatened species However, this species has shown a recruitment, and continuation of the status for the Fickeisen plains cactus. marked decline in recent years, and threats, as described above. Therefore, Under the Act and our implementing populations across its range do not on the basis of the best available regulations, a species may warrant appear to be recovering. This indicates scientific and commercial information, listing if it is an endangered species or that there is a heightened risk of we propose listing the Fickeisen plains a threatened species throughout all or a extinction, and the contributing factors cactus as an endangered species in significant portion of its range. The of ever decreasing population size, accordance with sections 3(6) and threats to the survival of the species coupled with poor seed dispersal, 4(a)(1) of the Act. occur throughout the Fickeisen plains increase the extinction risk. Small The elevated risk of extinction of the cactus’ range and are not restricted to populations that are restricted by habitat Fickeisen plains cactus is a result of the any particular significant portion of that requirements are more vulnerable to the cumulative stressors on the species and range. Accordingly, our assessment and effects of climate change, such as its habitat. We have detailed proposed determination applies to the prolonged droughts and increased fire information about population trends species throughout its entire range. frequencies. Although small population from 5 large populations, all of which Available Conservation Measures for size and climate change make the show a significant decline in overall the Acun˜ a Cactus and the Fickeisen species intrinsically more vulnerable, population, reduction in reproductive Plains Cactus we are uncertain whether they would adults, little to no seedlings, and low rise to the level of threat by themselves. representation of age-class diversity. Conservation measures provided to However, when combined with the The decline of these 5 populations is species listed as endangered or threats from livestock grazing, rodent likely indicative of what is occurring in threatened under the Act include and rabbit predation, and nonnative, other populations that are smaller, more recognition, recovery actions, invasive species, small population size isolated and not as well studied. Some requirements for Federal protection, and likely exacerbates the effects of these of these smaller populations have prohibitions against certain practices. threats on the Fickeisen plains cactus. already shown declines in plants Recognition through listing results in numbers; at some sites, plants no longer public awareness and conservation by Proposed Determination for the are found. Information from the 27 Federal, State, Tribal, and local Fickeisen Plains Cactus populations would increase our agencies; private organizations; and We have carefully assessed the best knowledge of the species, but it is individuals. The Act encourages scientific and commercial information uncertain if these populations will be cooperation with the States and requires available regarding the past, present, monitored in the future due to resource that recovery actions be carried out for and future threats to the Fickeisen limitations and access to the land. all listed species. The protection plains cactus. We find that the species Losses of adult plants in a naturally required by Federal agencies and the is in danger of extinction due to the rare, endemic species exacerbate the prohibitions against certain activities current and ongoing modification and species vulnerability to extinction are discussed, in part, below. destruction of its habitat and range because the older, larger adults The primary purpose of the Act is the (Factor A) from ongoing and future contribute more to the population’s conservation of endangered and livestock grazing; nonnative, invasive growth. In the Fickeisen plains cactus, threatened species and the ecosystems species; and long-term drought. The water and heat stress results in reduced upon which they depend. The ultimate most significant factors threatening the flower and seed production, and goal of such conservation efforts is the Fickeisen plains cactus across its range seedling survival is dependent on recovery of these listed species, so that are long-term drought and warmer winter precipitation and soil moisture. they no longer need the protective winters occurring in the past several Climate change is anticipated to measures of the Act. Subsection 4(f) of

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the Act requires the Service to develop nongovernmental organizations. In and maintenance of roads or highways and implement recovery plans for the addition, under section 6 of the Act, the by the Federal Highway Administration. conservation of endangered and State of Arizona would be eligible for The Act and its implementing threatened species. The recovery Federal funds to implement regulations set forth a series of general planning process involves the management actions that promote the prohibitions and exceptions that apply identification of actions that are protection and recovery of the acun˜ a to endangered plants. All prohibitions necessary to halt or reverse the species’ cactus and the Fickeisen plains cactus. of section 9(a)(2) of the Act, decline by addressing the threats to its Information on our grant programs that implemented by 50 CFR 17.61, apply. survival and recovery. The goal of this are available to aid species recovery can These prohibitions, in part, make it process is to restore listed species to a be found at: http://www.fws.gov/grants. illegal for any person subject to the point where they are secure, self- Although the acun˜ a cactus and the jurisdiction of the United States to sustaining, and functioning components Fickeisen plains cactus are only import or export, transport in interstate of their ecosystems. proposed for listing under the Act at or foreign commerce in the course of a Recovery planning includes the this time, please let us know if you are commercial activity, sell or offer for sale development of a recovery outline interested in participating in recovery in interstate or foreign commerce, or shortly after a species is listed, efforts for either of these species. remove and reduce the species to preparation of a draft and final recovery Additionally, we invite you to submit possession from areas under Federal plan, and revisions to the plan as any new information on these species jurisdiction. In addition, for plants significant new information becomes whenever it becomes available and any listed as an endangered species, the Act available. The recovery outline guides information you may have for recovery prohibits the malicious damage or the immediate implementation of urgent planning purposes (see FOR FURTHER destruction on areas under Federal recovery actions and describes the INFORMATION CONTACT). jurisdiction and the removal, cutting, process to be used to develop a recovery Section 7(a) of the Act requires digging up, or damaging or destroying of plan. The recovery plan identifies site- Federal agencies to evaluate their such plants in knowing violation of any specific management actions that will actions with respect to any species that State law or regulation, including State achieve recovery of the species, is proposed or listed as endangered or criminal trespass law. Certain measurable criteria that determine when threatened and with respect to its exceptions to the prohibitions apply to a species may be downlisted or delisted, critical habitat, if any is designated. agents of the Service and State and methods for monitoring recovery Regulations implementing this conservation agencies. The acun˜ a cactus progress. Recovery plans also establish interagency cooperation provision of the and the Fickeisen plains cactus are a framework for agencies to coordinate Act are codified at 50 CFR part 402. protected under the Arizona Native their recovery efforts and provide Section 7(a)(4) of the Act requires Plant Law as a highly safeguarded plant, estimates of the cost of implementing Federal agencies to confer with the which makes it unlawful for any person recovery tasks. Recovery teams Service on any action that is likely to to destroy, dig up, cut, collect, mutilate, (comprised of species experts, Federal jeopardize the continued existence of a harvest or take, and place into and State agencies, nongovernment species proposed for listing or result in possession any of these plants on public organizations, and stakeholders) are destruction or adverse modification of lands (Arizona Revised Statutes, often established to develop recovery proposed critical habitat. If a species is Chapter 7, 2007, entire). However, the plans. When completed, the recovery listed subsequently, section 7(a)(2) of Arizona Native Plant Law does not outline, draft recovery plan, and the the Act requires Federal agencies to prohibit landowners from removing or final recovery plan will be available on ensure that activities they authorize, destroying protected plants on their our Web site (http://www.fws.gov/ fund, or carry out are not likely to property. They are required to notify the endangered), or from our Arizona jeopardize the continued existence of Arizona Department of Agriculture 20 to Ecological Services Field Office (see FOR the species or destroy or adversely 60 days prior to destruction of a FURTHER INFORMATION CONTACT). modify its critical habitat. If a Federal protected native plant on their private Implementation of recovery actions action may affect a listed species or its property. However, the Arizona Native generally requires the participation of a critical habitat, the responsible Federal Plant Law does not afford protection to broad range of partners, including other agency must enter into formal the habitat of either cactus species, and Federal agencies, States, Tribes, consultation with the Service. there is no protection for the acun˜ a nongovernmental organizations, Federal agency actions within both cactus or the Fickeisen plains cactus on businesses, and private landowners. species’ habitat that may require State lands, above what is allowable Examples of recovery actions include conference or consultation, or both, as under the Arizona Native Plant Law. habitat restoration (e.g., restoration of described in the preceding paragraph We may issue permits to carry out native vegetation), research, captive include any management actions that otherwise prohibited activities propagation and reintroduction, and could result in impacts to soil involving endangered and threatened outreach and education. The recovery of characteristics or seedbank viability, plant species under certain many listed species cannot be pollinators or their habitat, and circumstances. Regulations governing accomplished solely on Federal lands associated native vegetation community, permits are codified at 50 CFR 17.62 for because their range may occur primarily and any other landscape-altering endangered plants, and at 17.72 for or solely on non-Federal lands. To activities on Federal lands administered threatened plants. With regard to achieve recovery of these species by Federal agencies, such as: Issuance of endangered plants, a permit must be requires cooperative conservation efforts section 404 Clean Water Act (33 U.S.C. issued for the following purposes: For on private, State, and Tribal lands. 1251 et seq.) permits by the U.S. Army scientific purposes, or for the If these species are listed, funding for Corps of Engineers; construction and enhancement of propagation or survival recovery actions will be available from management of gas pipeline and power of the species. a variety of sources, including Federal line rights-of-way by the Federal Energy It is our policy, as published in the budgets, State programs, and cost share Regulatory Commission; reauthorization Federal Register on July 1, 1994 (59 FR grants for non-Federal landowners, the of grazing permits by the BLM and the 34272), to identify to the maximum academic community, and U.S. Forest Service, and construction extent practicable at the time a species

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is listed, those activities that would or ensure, in consultation with the Service, designation limited to its range would would not constitute a violation of that any action they authorize, fund, or be inadequate to ensure the section 9 of the Act. The intent of this carry out is not likely to result in the conservation of the species. policy is to increase public awareness of destruction or adverse modification of Section 4 of the Act requires that we the effect of a proposed listing on critical habitat. The designation of designate critical habitat on the basis of proposed and ongoing activities within critical habitat does not affect land the best scientific data available. the range of species proposed for listing. ownership or establish a refuge, Further, our Policy on Information The following activities could wilderness, reserve, preserve, or other Standards Under the Endangered potentially result in a violation of conservation area. Such designation Species Act (published in the Federal section 9 of the Act. Unauthorized does not allow the government or public Register on July 1, 1994 (59 FR 34271)), collecting, handling, possessing, selling, to access private lands. Such the Information Quality Act (section 515 delivering, carrying, or transporting of designation does not require of the Treasury and General the species, including import or export implementation of restoration, recovery, Government Appropriations Act for across State lines and international or enhancement measures by non- Fiscal Year 2001 (Pub. L. 106–554; H.R. boundaries, except for properly Federal landowners. Where a landowner 5658)), and our associated Information documented antique specimens of these requests Federal agency funding or Quality Guidelines, provide criteria, taxa at least 100 years old, as defined by authorization for an action that may establish procedures, and provide section 10(h)(1) of the Act. affect a listed species or critical habitat, guidance to ensure that our decisions Questions regarding whether specific the consultation requirements of section are based on the best scientific data activities would constitute a violation of 7(a)(2) of the Act would apply, but even available. They require our biologists, to section 9 of the Act should be directed in the event of a destruction or adverse the extent consistent with the Act and to the Arizona Ecological Services Field modification finding, the obligation of with the use of the best scientific data Office (see FOR FURTHER INFORMATION the Federal action agency and the available, to use primary and original CONTACT). landowner is not to restore or recover sources of information as the basis for the species, but to implement recommendations to designate critical Critical Habitat reasonable and prudent alternatives to habitat. Background avoid destruction or adverse When we are determining which areas modification of critical habitat. should be designated as critical habitat, Critical habitat is defined in section 3 Under the first prong of the Act’s our primary source of information is of the Act as: definition of critical habitat, areas generally the information developed (1) The specific areas within the within the geographical area occupied during the listing process for the geographical area occupied by the by the species at the time it was listed species. Additional information sources species, at the time it is listed in are included in a critical habitat may include the recovery plan for the accordance with the Act, on which are designation if they contain physical or species, articles in peer-reviewed found those physical or biological biological features (1) essential to the journals, conservation plans developed features conservation of the species and (2) by States and counties, scientific status (a) Essential to the conservation of the which may require special management surveys and studies, biological species and considerations or protection. For these assessments, other unpublished (b) Which may require special areas, critical habitat designations materials, or experts’ opinions or management considerations or identify, to the extent known using the personal knowledge. protection; and best scientific and commercial data Habitat is dynamic, and species may (2) Specific areas outside the available, those physical or biological move from one area to another over geographical area occupied by the features that are essential to the time. We recognize that critical habitat species at the time it is listed, upon a conservation of the species (such as designated at a particular point in time determination that such areas are space, food, cover, and protected may not include all of the habitat areas essential for the conservation of the habitat). In identifying those physical that we may later determine are species. and biological features within an area, necessary for the recovery of the Conservation, as defined under we focus on the principal biological or species. For these reasons, a critical section 3 of the Act, means to use and physical constituent elements (primary habitat designation does not signal that the use of all methods and procedures constituent elements such as roost sites, habitat outside the designated area is that are necessary to bring an nesting grounds, seasonal wetlands, unimportant or may not be needed for endangered or threatened species to the water quality, tide, soil type) that are recovery of the species. Areas that are point at which the measures provided essential to the conservation of the important to the conservation of the pursuant to the Act are no longer species. Primary constituent elements species, both inside and outside the necessary. Such methods and are the specific elements of physical or critical habitat designation, will procedures include, but are not limited biological features that provide for a continue to be subject to: (1) to, all activities associated with species’ life-history processes, and are Conservation actions implemented scientific resources management such as essential to the conservation of the under section 7(a)(1) of the Act, (2) research, census, law enforcement, species. regulatory protections afforded by the habitat acquisition and maintenance, Under the second prong of the Act’s requirement in section 7(a)(2) of the Act propagation, live trapping, and definition of critical habitat, we can for Federal agencies to ensure their transplantation, and, in the designate critical habitat in areas actions are not likely to jeopardize the extraordinary case where population outside the geographical area occupied continued existence of any endangered pressures within a given ecosystem by the species at the time it is listed, or threatened species, and (3) the cannot be otherwise relieved, may upon a determination that such areas prohibitions of section 9 of the Act if include regulated taking. are essential for the conservation of the actions occurring in these areas may Critical habitat receives protection species. We designate critical habitat in affect the species. Federally funded or under section 7 of the Act through the areas outside the geographical area permitted projects affecting listed requirement that Federal agencies occupied by a species only when a species outside their designated critical

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habitat areas may still result in jeopardy cactus and the Fickeisen plains cactus located. This and other information findings in some cases. These occurs on Federal, State, Tribal, and represent the best scientific data protections and conservation tools will private lands in Arizona. Lands available and led us to conclude that the continue to contribute to recovery of proposed for designation as critical designation of critical habitat is this species. Similarly, critical habitat habitat would be subject to Federal determinable for the acun˜ a cactus and designations made on the basis of the actions that trigger the section 7 the Fickeisen plains cactus. best available information at the time of consultation requirements. These ˜ designation will not control the include land management actions and Acuna Cactus direction and substance of future permitting by the BLM, OPCNM, and Physical or Biological Features recovery plans, habitat conservation BMGR for the acun˜ a cactus; and by the In accordance with section 3(5)(A)(i) plans (HCPs), or other species BLM and Kaibab National Forest for the and 4(b)(1)(A) of the Act and regulations conservation planning efforts if new Fickeisen plains cactus. In addition, at 50 CFR 424.12, in determining which information available at the time of lands proposed for designation as areas within the geographical area these planning efforts calls for a critical habitat, whether or not under occupied by the species at the time of different outcome. Federal jurisdiction, may be subject to listing to designate as critical habitat, Federal actions that trigger the section 7 Prudency Determination for the Acun˜ a we consider the physical or biological consultation requirement, such as the Cactus and the Fickeisen Plains Cactus features that are essential to the granting of Federal monies or Federal conservation of the species and which Section 4(a)(3) of the Act, as permits. amended, and implementing regulations There may also be some educational may require special management (50 CFR 424.12), require that, to the or informational benefits to the considerations or protection. These maximum extent prudent and designation of critical habitat. include, but are not limited to: determinable, the Secretary designate Educational benefits include the (1) Space for individual and critical habitat at the time the species is notification of lessees and the general population growth and for normal determined to be an endangered or public of the importance of protecting behavior; (2) Food, water, air, light, minerals, or threatened species. Our regulations (50 habitat. CFR 424.12(a)(1)) state that the Although we make a detailed other nutritional or physiological designation of critical habitat is not determination of the habitat needs of a requirements; prudent when one or both of the listed species during the recovery (3) Cover or shelter; following situations exist: (1) The planning process, the Act has no (4) Sites for breeding, reproduction, or species is threatened by taking or other provision to delay designation of critical rearing (or development) of offspring; human activity, and identification of habitat until such time as a recovery and critical habitat can be expected to plan is prepared. We reviewed the (5) Habitats that are protected from increase the degree of threat to the available information pertaining to disturbance or are representative of the species; or (2) such designation of habitat characteristics where these two historical, geographic, and ecological critical habitat would not be beneficial species are located. This and other distributions of a species. to the species. information represent the best scientific We derive the specific physical or There is no documentation that the data available and lead us to conclude biological features required for the acun˜ a cactus and the Fickeisen plains that the designation of critical habitat is acun˜ a cactus from studies of this cactus are threatened by collection. prudent for the acun˜ a cactus and the species’ habitat, ecology, and life history Therefore, they are unlikely to Fickeisen plains cactus. as described below. We have experience increased threats by the determined that the physical or identification and mapping of critical Critical Habitat Determinability for the biological features described below are habitat. In the absence of a finding that Acun˜ a Cactus and the Fickeisen Plains essential for the acun˜ a cactus. the designation of critical habitat would Cactus Habitat for Individual and Population increase threats to a species, if there are As stated above, section 4(a)(3) of the Growth, Including Sites for any benefits to a critical habitat Act requires the designation of critical Germination, Pollination, Reproduction, designation, then a prudent finding is habitat concurrently with the species’ Pollen and Seed Dispersal, and Seed warranted. The potential benefits of listing ‘‘to the maximum extent prudent Banks designation include: (1) Triggering and determinable.’’ Our regulations at consultation under section 7 of the Act, 50 CFR 424.12(a)(2) state that critical Pollination and Pollen Dispersal— in new areas for actions in which there habitat is not determinable when one or Preservation of the mix of species and may be a Federal nexus where it would both of the following situations exist: interspecific interactions they not otherwise occur because, for (i) Information sufficient to perform encompass greatly improves the chances example, it is or has become required analyses of the impacts of the for on-site survival of rare species unoccupied or the occupancy is in designation is lacking, or (Tepedino et al. 1996, p. 245). Bee question; (2) focusing conservation (ii) The biological needs of the species nesting habitat, foraging plants, and activities on the most essential features are not sufficiently well known to corridors must be preserved to protect and areas; (3) providing educational permit identification of an area as the acun˜ a cactus (Buchmann 2012, pers. benefits to State or county governments critical habitat. comm.; McDonald 2007, p. 4). The or private entities; and (4) preventing When critical habitat is not acun˜ a cactus relies solely on the people from causing inadvertent harm determinable, the Act provides for an production of seeds for reproduction, to the species. additional year to publish a critical with pollination highly linked to the The primary regulatory effect of habitat designation (16 U.S.C. acun˜ a cactus’ survival. A lack of critical habitat is the Act’s section 1533(b)(6)(C)(ii)). pollinators would lead to a reduction of 7(a)(2) requirement that Federal We reviewed the available seed production that would lead, in agencies refrain from taking any action information pertaining to the biological turn, to a gradual reduction in the seed that destroys or adversely modifies needs of the species and habitat bank (Wilcock and Neiland 2002, p. critical habitat. At present, the acun˜ a characteristics where this species is 276). Although viability of seed in the

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seed bank is unknown, germination cactus seeds are dispersed by gravity; of the largest tree associate, palo verde, trials in the greenhouse suggest the that is, they fall very close to the mother as height and density are closely related seeds are short-lived (Rutman 2007, p. plant, which serves as a nurse plant for (Shreve 1942, pp. 202–203; Kearney and 7), thus this could result in decrease in germination (Johnson et al. 1993, p. Peebles 1951, p. 407). the acun˜ a cactus population’s 178). Although with this type of Therefore, based on our review of the persistence. dispersal the distance seeds travel is best available information regarding the Successful pollination depends on the limited, the immediate environment of maximum distance that seed may be pollinator species needed and the the mother plant is typically very expected to disperse, and within which distance the pollinator can travel suitable for establishment, and these the acun˜ a cactus seed banks, seedling between flowers (McDonald 2005, p. seeds have a better chance of establishment, and seedling growth can 15). Acun˜ a cacti are pollinated by a germination, establishment, and occur, we identify bare soils suite of bees from the Andrenidae, survival than seeds dispersed by other immediately adjacent to and within 10 Anthophoridae, Anthophorinae, mechanisms (van Rheede van m (32.8 ft) of existing reproductive Halictidae, and Megachilidae families; Oudtshorrn and van Rooyen 1999, p. acun˜ a cactus plants as a physical or however, the most abundant, robust, 91). biological feature of acun˜ a cactus and consistent visitors in a 2-year study Ants have been reported to both habitat. at OPCNM were leafcutter bee transport and consume the seeds of the Appropriate Geological Layers and (Megachile palmensis) and cactus bee acun˜ a cactus (Butterwick 1982–1992, Topography That Support Individual (Diadasia rinconis) (Johnson 1992, p. entire; Rutman 1996b, pers. comm.; Acun˜ a Cactus Plants 406). Leafcutter and cactus bees are Rutman 2001, pers. comm.; Anderson native cactus specialist bees requiring a 2011, p. 1). Transported seeds may be Geology—Bedrock and soil chemistry sufficient quantity of the acun˜ a and dropped, discarded, or buried at either could help explain the current other cacti pollen throughout their an appropriate or inappropriate depth distribution of the acun˜ a cactus across foraging season to provide a continuous for germination and emergence (van small islands of habitat in southern source of pollen to provision their nests Rheede van Oudtshorrn and van Rooyen Arizona. Various reports describe the and support their own survivorship 1999, p. 15). Transported seed has the acun˜ a cactus occurring on both fine and (Blair and Williamson 2008, p. 428). benefit of reduced competition from course textured soils derived from No studies of pollinator dispersal other seeds and reduced rodent volcanic, granitic, and metamorphic distance have been conducted for the predation found near the mother plant rocks (Geraghty and Miller 1997, p. 3; acun˜ a cactus; however, in a study of a (O’Dowd and Hay 1980, p. 536; Vander Rutman 2007, pp. 1–2). Specifically, similar rare cactus of Arizona’s Sonoran Wall et al. 2005, p. 802). The maximum parent rock materials of preferred Desert, the Pima pineapple cactus, distance seeds are dispersed by ants is habitat include extrusive felsic volcanic McDonald (2005, p. 29) determined that typically less than 3 m (9.8 ft) and rarely rocks of rhyolite, andesite, and tuff, and the maximum distance that the cactus more than 10 m (32.8 ft) (van Rheede intrusive igneous rocks composed of bees travelled between Pima pineapple van Oudtshorrn and van Rooyen 1999, granite, granodiorite, diorite, and quartz cactus individuals was 900 m (2,953 ft). p. 186). monzonite (Rutman 2007, pp. 1–2). The maximum distance travelled by the The maximum distance seeds are We applied this knowledge of the leafcutter bee is thought to be less than dispersed by wind depends on many acun˜ a cactus geologic habitat preference this (Buchmann 2012, pers. comm.). factors including the height of the plant, by analyzing geology features and This distance around individual cacti is characteristics of the surrounding known plant locations attained for needed to support pollinator foraging, vegetation, seed mass and size, and populations occurring within the United nesting, and survivorship. wind conditions (van Rheede van States using Geographic Information Therefore, based on our review of the Oudtshorrn and van Rooyen 1999, p. Systems (GIS). We determined 11 best available information, we identify a 186). Secondary dispersal by wind can geologic feature classes that occur pollination area with a radius of 900 m be farther in deserts, where vegetation is within the known locations of the acun˜ a (2,953 ft) around each reproducing widely spaced and interspaces between cactus in the United States (Arizona acun˜ a cactus plant as a physical or trees and shrubs support wind velocities State Land Department 2012, GIS data biological feature of acun˜ a cactus as much as four times higher than under layer). These feature classes can be habitat. trees and shrubs (van Rheede van summarized as Volcanic rocks from the Seed Dispersal, Germination, Growth, Oudtshorrn and van Rooyen 1999, p. middle Miocene to Oligocene and from and Seed Banks—Bare soils within the 187). Wind-blown soil, litter, and small the Jurassic; Granitoid rocks from the seed dispersal range of the acun˜ a cactus seeds accumulate under shrubs and early Tertiary to Late Cretaceous and are necessary for recruitment and soil trees, or in soil surface depressions from the Jurassic; Granitic rocks from seed banking. Primary and secondary (Shreve 1942, p. 205; van Rheede van the early Tertiary to Late Cretaceous; dispersal of these seeds can occur via a Oudtshorrn and van Rooyen 1999, p. Metamorphic rocks from the early number of mechanisms including 187). Proterozoic; and surficial deposits from gravity, ants, wind, or rain (Butterwick Dispersal of seed from rain wash or the Holocene to the latest Pliocene. 1982–1992, entire; Rutman 1996b, pers. sheet flow over the ground is considered Therefore, based on our review of the comm.; Rutman 2001, pers. comm.; to occur across a relatively short best available information regarding Anderson 2011, p. 1). Primary dispersal distance; in hot deserts, many plants bedrock geology and associated soils is the movement of seeds short disperse seed by rain (van Rheede van required by the acun˜ a cacti, we identify distances from the plant, whereas Oudtshorrn and van Rooyen 1999, pp. the presence of any one of these 11 secondary dispersal involves the 69, 76). The distance that the acun˜ a feature classes as a physical or redistribution of seeds by living (e.g., cactus seeds travel by either wind or biological feature of acun˜ a cactus insects) or non-living (e.g., wind) factors water is not known; however, spacing of habitat. These feature classes can be (van Rheede van Oudtshorrn and van associated nurse trees and shrubs where further summarized to include the Rooyen 1999, pp. 186–187). soil, litter, and seed could accumulate is following rock types as identified in the As evidenced by their commonly roughly 8 m (26.2 ft). This number was literature for this species: rhyolite, clumped habit, the majority of the acun˜ a determined by using the average height andesite, tuff, granite, granodiorite,

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diorite, or Cornelia quartz monzonite ground for nesting bees such as considerations or protection. The (Rutman 2007, pp. 1, 2). Diadasia spp. (Buchmann 2007, p. 13). features essential to the conservation of Topography—The acun˜ a cactus is These bees move nesting sites yearly to the acun˜ a cactus may require special known to occur in valley bottoms and shed parasites, therefore requiring the management considerations or on ridge tops or small knolls, on slopes continued availability of sandy, well- protection to reduce the following up to 30 percent (Phillips et al. 1982, p. drained, bare ground available to create threats: livestock grazing; border 4; Geraghty and Miller 1997, p. 3). We nests (Buchmann 2012, pers. comm.). activities; ORV use; mining; and applied this knowledge of the acun˜ a Therefore, based on our review of the nonnative, invasive plant species. topographic habitat preference by best available information, we identify Currently some of these threats are not analyzing topography features using a Sonoran Desert-scrub habitat dominated identified to occur at a level that digital elevation model in GIS. by native plant species to be a physical threatens populations with extinction; Therefore, based on our review of the or biological feature necessary for acun˜ a however without management of these best available information regarding cactus survival. threats, they could rise to this level. topography, we identify valley bottoms, Refer to the five-factor analysis above ridge tops, and small knolls with slopes Primary Constituent Elements for the for more information on these threats. of 30 percent or less as a physical or Acun˜ a Cactus Management activities that could biological feature of acun˜ a cactus Under the Act and its implementing ameliorate these threats include, but are habitat. regulations, we are required to identify not limited to, improving habitats and Appropriate Vegetation Community and the physical or biological features potentially increasing plant population Elevation Range That Support essential to the conservation of acun˜ a numbers on lands the BLM, NPS, or the Individual Acun˜ a Cactus Plants cactus in areas occupied at the time of State of Arizona currently holds or may listing, focusing on the features’ primary hold in the future. Special management Nurse Plants—Known populations of constituent elements. We consider to protect the features essential to the the acun˜ a cactus have been reported primary constituent elements to be the conservation of the species include from between 365 and 1,150 m (1,198 to elements of physical or biological conservation measures and actions to 3,773 ft) elevation within the paloverde- features that provide for a species’ life- minimize effects of livestock grazing, cacti-mixed scrub series of the Arizona history processes and are essential to road and trail building; construction of Upland Subdivision of the Sonoran the conservation of the species. new border control facilities, towers or Desert-scrub (Brown 1994, p. 200; Based on our current knowledge of fences, ORV use, and mining, and to Arizona Rare Plant Guide Committee the physical or biological features and control nonnative, invasive plants on 2001, unnumbered pages; AGFD 2011, habitat characteristics required to these lands. These management entire). This scrubland or low woodland sustain the species’ life-history activities will protect the essential contains leguminous trees, shrubs, and processes, we determine that the physical or biological features for the succulents including Cercidium primary constituent elements specific to species by maintaining native vegetation microphyllum (palo verde), Olneya the acun˜ a cactus are: communities, preserving soil tesota (ironwood), Larrea tridentata var. (i) Native vegetation within the characteristics, and providing habitat for tridentata (creosote bush), Ambrosia Paloverde-Cacti-Mixed Scrub Series of the acun˜ a cactus and its pollinators. spp. (bursage), and Carnegia gigantea the Arizona Upland Subdivision of the (saguaro). The acun˜ a cactus seedlings Criteria Used To Identify Critical Sonoran Desert-scrub at elevations Habitat benefit from the protection of these between 365 to 1,150 m (1,198 to 3,773 native Sonoran Desert trees and shrubs, ft). This vegetation must contain As required by section 4(b)(2) of the as well as other larger acun˜ a cacti that predominantly native plant species that: Act, we use the best scientific data act as nurse plants by providing a. Provide protection to the acun˜ a available to designate critical habitat. protection from temperature extremes cactus. Examples of such plants are We review available information and physical damage (Felger 2000, p. creosote bush, ironwood, and palo pertaining to the habitat requirements of 208; Johnson et al. 1993, p. 178). The verde; the species. In accordance with the Act acun˜ a cactus individuals are generally b. Provide for pollinator habitat with and its implementing regulation at 50 more robust in these situations, as a radius of 900 m (2,953 ft) around each CFR 424.12(e), we consider whether opposed to in open, exposed locations individual, reproducing acun˜ a cactus; designating additional areas—outside (Felger 2000, p. 208). Therefore, based c. Allow for seed dispersal through those currently occupied as well as on the information above, we identify the presence of bare soils immediately those occupied at the time of listing— the presence of creosote bush, adjacent to and within 10 m (32.8 ft) of are necessary to ensure the conservation ironwood, palo verde, and other native individual, reproducing acun˜ a cactus. of the species. We are proposing to protective plants to be a physical or (ii) Soils overlying rhyolite, andesite, designate critical habitat in areas within biological feature necessary for acun˜ a tuff, granite, granodiorite, diorite, or the geographical area occupied by the cactus survival. Cornelia quartz monzonite bedrock that species at the time of listing, as Native Vegetation Dominance—The are in valley bottoms, on small knolls, described above in the proposed rule to acun˜ a cactus habitat should be or on ridgetops, and are generally on list the acun˜ a cactus, and contain relatively free from perennial grass slopes of less than 30 percent. sufficient elements of physical or invaders as these alter structure, biological features to support life- function, dominance, and disturbance Special Management Considerations or history processes essential for the regimes, and have been shown to Protection conservation of the species. We also are drastically lower species diversity, When designating critical habitat, we proposing to designate specific areas within the Sonoran Desert (Olsson et al. assess whether the specific areas within outside the geographical area occupied 2012, p. 10). Such changes have great the geographical area occupied by the by the species at the time of listing that potential to impact acun˜ a cacti and their species at the time of listing contain we have determined to be essential to pollinators. In addition, such features which are essential to the the conservation of the species. introduced grasses as buffelgrass form conservation of the species and which We reviewed available information continuous mats and remove open bare may require special management and supporting data that pertain to the

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habitat requirements of the acun˜ a remaining units and subunits contain and biological features, plus Parameter- cactus. This information included approximately 2,730 individuals. elevation Regressions on Independent research published in peer-reviewed Within these units and subunits, several Slopes Model (PRISM) climate data, to articles and presented in academic geologic, topographic, elevation, slope, map areas that contain the correct theses and agency reports, as well as and vegetation community features have geology, vegetation community, data collected from long-term been defined which, in combination, elevation range, and slope range, and monitoring plots, interviews with create appropriate acun˜ a cactus habitat that receive 29.7 cm (11.66 in) or more experts, and regional climate data and that is essential to the conservation of annual precipitation over a 30-year GIS coverage. Sources of information the species, though not all lands average (see the Physical or Biological include, but are not limited to, Brown containing this combination support the Features for the Acun˜ a catus above). 1994, Buchmann 2007, Butterwick acun˜ a cacti. The result was additional polygons 1982–1992, Felger 2000, Holm 2006, Areas Essential for the Conservation of representing suitable habitat which are Johnson 1992, Johnson et al. 1993, Acun˜ a Cactus Outside of Occupied not known to be occupied at the time of McDonald 2007, Olsson et al. 2012, Areas listing, but that contain appropriate Phillips et al. 1982, NPS 2011a, NPS habitat for the species, and are more 2011b, Rutman 2007, Van Rheede van As discussed above in the five-factor northerly, higher in elevation, and Oudtshorrn, K. and M.W. van Rooyen analysis and ‘‘Drought and Climate receive higher mean annual 1999, and WRCC 2012. Based on this Change’’ section, with reduced annual precipitation than other acun˜ a cactus information, we developed a strategy for precipitation over the past 30 years, habitat. It is generally recognized that as determining which areas meet the mature acun˜ a cactus plants produce climate change progresses, species will definition of critical habitat for acun˜ a fewer flowers and seeds, and seedling move both north and upslope to adapt cactus. establishment and survival does not to hotter and dryer climate (Lesica and offset mortality. Increased insect attack, Occupied Area at the Time of Listing McCune 2004, p. 687). Our reasoning in possibly due to warmer winter defining these two additional areas as In identifying proposed critical temperatures throughout the region, in critical habitat is that they will provide habitat units for acun˜ a cactus, we combination with water and heat the greatest probability of higher proceeded through a multi-step process. stresses, have resulted in a documented precipitation and cooler temperatures of We obtained all records for acun˜ a cactus mortality of more than 80 percent of the available acun˜ a cactus habitat distribution from AGFD, as well as both individuals within populations that throughout south-central Arizona, and have been visited more than once. published and unpublished thus provide an avenue for natural Although the specific water needs of documentation from our files. There is expansion of the species’ range (small the species are unknown, acun˜ a cactus no information on the historical range of mammals and birds likely disperse the this species; survey results confirm that seedlings require adequate precipitation for survival, and adults require red fruits) and for off-site conservation plant distribution is comprised of efforts (transplant populations). Areas disjunct occupied habitat in two general precipitation for flowering and fruit set. To determine what amount of that currently support the cactus will, areas of south-central Arizona. hopefully, continue to support the Our approach to delineating critical precipitation is adequate, we analyzed cactus in the future; however, given the habitat units was applied in the precipitation monitoring records from ongoing drought and the predictions for following manner: OPCNM. Through our analysis, we reduced precipitation throughout the (1) We overlaid acun˜ a cactus locations determined the acun˜ a cactus flower region, we conclude that additional into a GIS database. This provided us production and recruitment peaked in areas are essential to the conservation of with the ability to examine slope, 1992, when 902 flowers were produced the species. aspect, elevation, geologic type, (Holm 2006, p. 2–10) following a winter vegetation community, and topographic period with total precipitation of 29.7 When determining proposed critical features. These data points verified and cm (11.66 in) (WRCC 2012, entire). habitat boundaries, we made every slightly expanded the previously Flower production reached measured effort to avoid including developed recorded elevation ranges for acun˜ a lows in 1999, 2002, and 2006 (NPS areas such as lands covered by cactus. 2011a, p. 2), years when total winter buildings, pavement, and other (2) In addition to the GIS layers listed precipitation ranged between 2.2 and structures because such lands lack above, we then included a 900-m (2,953- 3.3 cm (0.85 and 1.3 in) (WRCC 2012, physical or biological features for the ft) buffer around known populations to entire). Similarly, recruitment peaked in acun˜ a cactus. The scale of the maps we ensure that all potential pollinators the early 1990s (Holm 2006, p. 2–6; NPS prepared under the parameters for would have a sufficient land base to 2011a, p. 1), following a 1990 summer publication within the Code of Federal establish nesting sites and to provide period with 24.6 cm (9.7 in) of Regulations may not reflect the pollinating services for acun˜ a cactus, as precipitation (WRCC 2012, entire). exclusion of such developed lands. Any described in Physical or Biological Therefore, based on our review of the such lands inadvertently left inside Features for the Acun˜ a cactus above. best available information, we identify critical habitat boundaries shown on the (3) We then drew critical habitat that areas that currently receive 29.7 cm maps of this proposed rule have been boundaries that captured the locations (11.66 in) or higher total yearly excluded by text in the proposed rule elucidated under (1) and (2) above. precipitation are necessary for the acun˜ a and are not proposed for designation as Critical habitat designations were then cactus reproduction and survival due to critical habitat. Therefore, if the critical mapped using Albers Equal Area the continuing and impending region- habitat is finalized as proposed, a (Albers) North American Datum 83 wide drought. Federal action involving these lands (NAD 83) coordinates. Following determination of critical would not trigger section 7 consultation We defined six units within the habitat as outlined in the previous with respect to critical habitat and the current distribution of the species in section, we then used an overlay of the requirement of no adverse modification two general areas of south-central areas containing appropriate geology, unless the specific action would affect Arizona. Two of the subunits are not vegetation community, percent slope, the physical or biological features in the occupied at the time of listing; the and elevation, as defined in the physical adjacent critical habitat.

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The critical habitat designation is habitat areas we describe below TABLE 5—OCCUPANCY OF THE ACUN˜ A defined by the map or maps, as constitute our current best assessment of CACTUS BY PROPOSED CRITICAL modified by any accompanying areas that meet the definition of critical HABITAT UNITS—Continued regulatory text, presented at the end of habitat for the acun˜ a cactus. The six this document in the rule portion. We units we propose as critical habitat are: Occu- include more detailed information on (1) Organ Pipe Cactus National Unit pied at the boundaries of the critical habitat time of Monument, (2) Ajo, (3) the Sauceda listing? designation in the preamble of this Mountains, (4) the Sand Tank document. We will make the Mountains, (5) Mineral Mountain, and Acun˜a Valley ...... Yes. coordinates or plot points or both on (6) Box O Wash. Table 5 shows the 2. Ajo Unit: which each map is based available to occupied units. Townsites ...... Yes. the public on http:// Little Ajo Mountains ...... Yes. www.regulations.gov at Docket No. TABLE 5—OCCUPANCY OF THE ACUN˜ A 3. Sauceda Mountains Unit: FWS–R2–ES–2012–0061, on our Coffeepot Mountain ...... Yes. Internet sites http://www.fws.gov/ CACTUS BY PROPOSED CRITICAL Cimarron Mountain ...... No. southwest/es/arizona/, and at the field HABITAT UNITS 4. Sand Tank Mountains Unit: office responsible for the designation Javelina Mountain ...... Yes. FOR FURTHER INFORMATION CONTACT Occu- Sand Tank Mountain ...... No. (see pied at above). Unit 5. Mineral Mountain Unit ...... Yes. time of 6. Box O Wash Unit ...... Yes. Proposed Critical Habitat Designation listing? for Acun˜ a Cactus 1. Organ Pipe Cactus National The approximate area of each We are proposing six units as critical Monument Unit: proposed critical habitat unit is shown habitat for the acun˜ a cactus. The critical Dripping Spring ...... Yes. in Table 6.

TABLE 6—PROPOSED CRITICAL HABITAT UNITS FOR THE ACUN˜ A CACTUS

Federal State Tribal Private Total Unit Subunit Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac)

1. Organ Pipe Dripping Spring .... 1,591 (3,931) 0 0 0 1,591 (3,931) Cactus National Monument. Acun˜a Valley ...... 2,416 (5,971) 0 0 0 2,416 (5,971)

Unit Total ...... 4,007 (9,902) 0 0 0 4,007 (9,902)

2. Ajo ...... Townsites ...... 89 (220) 0 0 330 (815) 419 (1,035) Little Ajo Moun- 106 (263) 0 0 141 (347) 247 (610) tains.

Unit Total ...... 195 (483) 0 0 470 (1,162) 666 (1,645)

3. Sauceda Moun- Coffeepot Moun- 1,481 (3,659) 0 156 (385) 0 1,637 (4,044) tains. tain. Cimarron Moun- 0 0 2,100 (5,190) 0 2,100 (5,190) tain.

Unit Total ...... 1,481 (3,659) 0 2,256 (5,575) 0 3,737 (9,234)

4. Sand Tank Javelina Mountain 911 (2,251) 0 0 0 911 (2,251) Mountains. Sand Tank Moun- 3,107 (7,677) 0 0 0 3,107 (7,677) tain.

Unit Total ...... 4,018 (9,928) 0 0 0 4,018 (9,928)

5. Mineral Moun- ...... 874 (2,160) 217 (537) 0 0 1,092 (2,697) tain. 6. Box O Wash ...... 1,378 (3,404) 5,556 (13,729) 0 1,287 (3,180) 8,221 (20,314)

Grand Total ...... 11,953 (29,536) 5,773 (14,266) 2,256 (5,575) 1,757 (4,342) 21,740 (53,720) Note: Area sizes may not sum due to rounding.

We present brief descriptions of all Unit 1: Organ Pipe Cactus National is federally owned land. The Federal units, and reasons why they meet the Monument land is administered by the NPS. definition of critical habitat for the Unit 1a: Acun˜ a Valley—Unit 1a acun˜ a cactus, below. Unit 1 is located within OPCNM, in consists of 2,416 ha (5,971 ac) in central southwestern Pima County, Arizona. OPCNM. Lands within this subunit are The unit consists of two subunits occupied at the time of listing with the totaling 4,007 ha (9,902 ac), of which all largest known population of the acun˜ a

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cactus, approximately 2,000 years in Unit 1a, and it is likely that The features essential to the individuals. This subunit contains all of individuals have a life span that is conservation of the species within both the primary constituent elements of the much longer. Even though this plant has subunits are threatened by mining, physical or biological features essential not been looked for in this unit since urban development, off-road border to the conservation of the acun˜ a cactus. 1952, it is likely that some individuals, activities, and exotic plant invasion. Unit 1b: Dripping Spring—Unit 1b or their offspring, that were alive in Special management considerations or consists of 1,591 ha (3,931ac) in 1952 remain in this unit today. (4) Even protections may be required within the southern OPCNM. An acun˜ a cactus though illegal border activities may subunits to minimize habitat herbarium specimen was collected from have potentially caused damage to the fragmentation; to minimize disturbance within this unit in 1952. A general acun˜ a cactus and its habitat in this unit, to acun˜ a cactus individuals, soil, and location was recorded on this specimen, we have no evidence to indicate that associated native vegetation; and to and from this information, a GIS map these activities have occurred at such a prevent or remove invasive, exotic was created by the AGFD. Because level the acun˜ a cactus population in this plants within the acun˜ a cactus habitat. OPCNM personnel were not aware that unit has been extirpated. Therefore, for Unit 3: Sauceda Mountains an acun˜ a cactus had been collected in the reasons stated above, we consider Unit 3 is located in the Sauceda this area, they did not revisit the area to this subunit occupied at the time of Mountains of northwestern Pima and survey for the species and are not able listing. This subunit contains all of the primary constituent elements of the southwestern Maricopa Counties, to survey now due to security issues Arizona. This unit consists of two along the border. We believe there is a physical or biological features essential to the conservation of the acun˜ a cactus. subunits totaling 3,737 ha (9,234 ac). possibility this population remains This unit contains 1,481 ha (3,659 ac) of Grazing and mining are not permitted extant because: (1) We know of no other federally owned land and 2,256 ha within OPCNM; however, off-road acun˜ a cactus population that has been (5,575 ac) of Tribally owned land. The border-related activities do occur in extirpated. This unit is in the center Federal land is administered by the OPCNM. Special management between the two largest known BLM and BMGR; the Tribal land is considerations or protections may be populations, which are located in the administered by the Tohono O’odham required within each subunit to address United States and Mexico. There have Nation. We will coordinate with the off-road border-related human been no natural, environmental changes Tribe and examine what conservation disturbances, invasive plant removal, from climate change, drought, or insect actions, management plans, and and insect predation in acun˜ a cactus predation that have caused an acun˜ a commitments and assurances for the cactus population in the two largest habitat. acun˜ a cactus occur on these lands for known populations to be extirpated. Unit 2: Ajo potential exclusion from the final Because this unit is centered between designation of critical habitat under the two largest known populations, we Unit 2 is located in and near the town section 4(b)(2) of the Act. have no evidence to indicate that of Ajo in southwestern Pima County, Subunit 3a: Coffeepot Mountain— climate change, drought, or insect Arizona. The unit consists of two Subunit 3a consists of 1,637 ha (4,044 predation have extirpated this subunits totaling 666 ha (1,645 ac). This ac) in the Sauceda Mountains of population. (2) Episodic recruitment unit contains 195 ha (483 ac) of northwestern Pima and southwestern events during years of higher than federally owned land and 470 ha (1,162 Maricopa Counties, on and near average precipitation may have occurred ac) of private land. The Federal land is Coffeepot Mountain. This subunit is in this population since the time of its administered by the BLM. comprised of four separate populations discovery. The acun˜ a cactus may not Subunit 2a: Townsites—Subunit 2a on lands administered by the BLM have been reproducing offspring in consists of 330 ha (815 ac) of private (1,102 ha (2,724 ac)), the BMGR (378 ha periods of drought years, but there have land and 89 ha (220 ac) of BLM land in (935 ac)), and the Tohono O’odham been periods since 1952 there was and around the town of Ajo, Arizona. Nation (156 ha (385 ac)), which are enough precipitation that would have This subunit is comprised of three close enough in proximity as to be resulted in higher than average separate populations of the acun˜ a cactus combined within the 900 m (2,953 ft) reproduction. In his 3-year study of the on private and BLM lands, which are radius defined for pollinators. Lands reproductive ecology of the acun˜ a close enough in proximity to be within this subunit are occupied at the cactus in Unit 1a, Johnson (1992, pp. combined within the 900 m (2,953 ft) time of listing; the combined number of 403, 405) concluded that the positive radius defined for pollinators. Lands plants occurring within this subunit is association of rainfall and annual within this subunit are occupied at the 445. This subunit contains all of the variation in the number of flowers time of listing; the combined number of primary constituent elements of the produced indicates that water plants occurring within this subunit is physical or biological features essential availability limits flower production in 33. This subunit contains all of the to the conservation of the acun˜ a cactus. this species. Within monitoring plots primary constituent elements of the The features essential to the established by Buskirk in 1977 (Buskirk physical or biological features essential conservation of the species within 1981, p. 1), total flowers counted peaked to the conservation of the acun˜ a cactus. subunit 3a are threatened by mining, at 902 in 1992 (Holm 2006, p. 10); Subunit 2b: Little Ajo Mountains— grazing, and off-road border activities. corresponding precipitation during the Subunit 2b consists of 106 ha (263 ac) Special management considerations or winter of 1992–1993 was 29.7 cm (11.66 of BLM lands and 141 ha (347 ac) of protections may be required within the in) (WRCC 2012, entire). Even though private lands south of the town of Ajo, unit to minimize habitat fragmentation; cacti in this unit were not monitored, it Arizona. Lands within this subunit are to minimize disturbance to individual is likely that recruitment events during occupied at the time of listing, acun˜ a cactus individuals, soil, and years of higher than average containing seven individual plants. This associated native vegetation; and to precipitation may have occurred in this subunit contains all of the primary prevent or remove invasive, exotic population. (3) This species appears to constituent elements of the physical or plants within acun˜ a cactus habitat. be fairly long-lived. The OPCNM has biological features essential to the Subunit 3b: Cimarron Mountain— been monitoring individuals for 35 conservation of the acun˜ a cactus. Subunit 3b consists of 2,100 ha (5,190

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ac) of potential acun˜ a cactus habitat all has not been surveyed for the acun˜ a individuals. This unit contains all of the on land owned by the Tohono O’odham cactus, and no acun˜ a cacti are known to primary constituent elements of the Nation. This unit has not been surveyed occur there at the time of listing. physical or biological features essential for the acun˜ a cactus, and no acun˜ a cacti Modeling demonstrated that this to the conservation of the acun˜ a cactus. are known to occur here at the time of subunit contains suitable habitat for the Livestock grazing and ORV activity listing. Modeling demonstrated that this species. The area also receives higher occur on this unit, and mining occurs subunit contains suitable habitat for the mean annual precipitation (greater than nearby. Special management species. In addition, the area receives 29.7 cm/year (11.69 in/year)), a factor considerations or protections may be higher mean annual precipitation found to be necessary for the required within the unit to minimize (greater than 29.7 cm/year (3.82 in/ conservation of the species. Therefore, year)), a factor found to be essential for this subunit is essential for the habitat fragmentation; to minimize the conservation of the species (see the conservation of the acun˜ a cactus disturbance to acun˜ a cactus individuals, Acun˜ a Cactus Physical or Biological because it provides space for the growth soil, and associated native vegetation; Features section above). Therefore, this and expansion of the species, especially and to prevent or remove invasive, subunit provides space for the growth in the face of ongoing drought and exotic plants within acun˜ a cactus and expansion of the species, climate change model predictions. habitat. particularly in the face of ongoing Unit 5: Mineral Mountain Fickeisen Plains Cactus drought and climate change model predictions, and is essential for the Unit 5 consists of 1,092 ha (2,697 ac) Physical or Biological Features conservation of the species. on Mineral Mountain of north-central Pinal County, Arizona. This unit We derive the specific physical or Unit 4: Sand Tank Mountains contains 874 ha (2,160 ac) of federally biological features required for the Unit 4 is located in the Sand Tank owned land and 217 ha (537 ac) of Fickeisen plains cactus from studies of Mountains of southwestern Maricopa State-owned land. The Federal land is the species’ habitat, ecology, and life County, Arizona. This unit consists of administered by the BLM (873 ha (2,158 history as described below. We have two subunits totaling 4,018 ha (9,928 ac)) and the Bureau of Reclamation determined that the Fickeisen plains ac), all of which is federally owned (BOR) (1 ha (2 ac)). cactus requires the following physical land. The Federal land is administered This unit contains five separate and biological features: by the BLM and BMGR. known populations totaling at least 30 Subunit 4a: Javelina Mountain— individuals on lands administered by Space for Individual and Population Subunit 4a consists of 911 ha (2,251 ac) the BLM and the State of Arizona. This Growth, and for Normal Behavior and of land within the Sonoran Desert unit contains all of the primary Food, Water, Air, Light, Minerals or National Monument administered by constituent elements of the physical or Other Nutritional or Physiological the BLM. This subunit contains three biological features essential to the Requirements separate populations totaling 200 conservation of the acun˜ a cactus. The Fickeisen plains cactus is a individuals. This subunit contains all of Livestock grazing and ORV activity narrow endemic with a limited the primary constituent elements of the occur on this unit, and mining occurs distribution in northern Arizona on the physical or biological features essential nearby. Special management Colorado Plateau. Within its range, the to the conservation of the acun˜ a cactus. considerations or protections may be Fickeisen plains cactus requires the Grazing and mining are not permitted required within the unit to minimize appropriate soils, associated geologic within the Sonoran Desert National habitat fragmentation; to minimize formations, slope, drainage, and plant Monument and the BMGR; however, off- disturbance to acun˜ a cactus individuals, road border-related activities and soil, and associated native vegetation; community within the landscape to trespass livestock grazing may occur in and to prevent or remove invasive, provide space for individual growth and Subunit 4a. Special management exotic plants within acun˜ a cactus population growth and to provide food, considerations or protections may be habitat. water, air, light, minerals or other required within Subunit 4a to address nutritional or physiological increased off-road border-related human Unit 6: Box O Wash requirements. The Fickeisen plains disturbances; to minimize disturbance Unit 6 consists of 8,221 ha (20,314 ac) cactus is found on soils formed from to acun˜ a cactus individuals, the soil, near Box O Wash of north-central Pinal alluvium, colluvium, or Aeolian and associated native vegetation; and to County, Arizona. This unit contains deposits derived from limestone of the prevent or remove invasive, exotic 1,378 ha (3,404 ac) of federally owned Harrisburg member of the Kaibab plants within acun˜ a cactus habitat. land, 5,556 ha (13,729 ac) of State- Formation and Toroweap Formation, Subunit 4b: Sand Tank Mountain— owned land, and 1,287 ha (3,180 ac) of underlain with Coconino Sandstone, Subunit 4b consists of 3,107 ha (7,677 privately owned land. The Federal land and sandstone and mudstone of the ac) of potential acun˜ a cactus habitat is administered by the BLM (1,058 ha Moenkopi Formation (Billingsley et al. within the Sonoran Desert National (2,615 ac)) and BOR (320 ha (790 ac)). 2001, entire; AZGS 2011). Several Monument (140 ha (347 ac)) and the This unit contains three separate occurrences are located on or in close BMGR (2,967 ha (7,331 ac)). This unit populations totaling at least 11 proximity to active or quaternary faults.

TABLE 7—SOIL CLASS ASSOCIATED WITH THE FICKEISEN PLAINS CACTUS HABITAT

Soil class associations Percent slope

Strych very gravelly loam ...... 2–10 percent slope. Mellenthin-Rock outcrop-Torriorthents complex ...... 10–70 percent slope Mellenthin-Tanbark complex ...... 5–50 percent slope. Moenkopie-Goblin complex ...... 5–50 percent slope. Dutchman-McCullan complex ...... 1–10 percent slope. Twist sandy loam ...... 2–10 percent slope.

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TABLE 7—SOIL CLASS ASSOCIATED WITH THE FICKEISEN PLAINS CACTUS HABITAT—Continued

Soil class associations Percent slope

Mellenthin very gravelly loam ...... 1–25 percent slope. Saido-Brinkerhoff complex ...... 1–5 percent slope. Kinan gravelly loam ...... 1–15 percent slope. Mellenthin-Progresso complex ...... 1–7 percent slope. Kinan-Pennell complex ...... 4–15 percent slope. Pennell cobbly loam ...... 3–10 percent slope. Pennell gravelly sandy loam ...... 20–45 percent slope. Monierco clay loam ...... 2–15 percent slope. Monue-Seeg complex ...... 1–6 percent slope. Hajisho-Cataract family-Shinume complex ...... 4–15 percent slope. Hajisho-Seeg complex ...... 2–15 percent slope. Salten-Meriwhitica-Wayneco-Tassi family, complex ...... 5–30 percent slope. Winona gravelly loam ...... 0–8 percent slope. Winon stony loam ...... 0–8 percent slope. Winon-Boysag gravelly loam ...... 0–8 percent slope. Winona-Rock outcrop ...... 15–30 percent and 30–70 percent slope.

The Fickeisen plains cactus is eriopoda (black grama), Bouteloua thunderstorms. Therefore, based on the affiliated with several soil series across gracilis (blue grama), Bromus spp. information presented above, we its range (Table 7). The Fickeisen plains (brome), Chrysothamnus spp. (rabbit- identify limestone soils derived from cactus is found on nonsaline to slightly bush), Ephedra torreyana (Mormon tea), the appropriate formations; gravelly, saline soils that are shallow to Eurotia lanata (winterfat), Gutierrezia shallow, and well-drained soils; the moderately deep; well-drained; and sarothrae (broom snakeweed), appropriate elevation range; and consisting of gravelly loam, fine sandy Pleuraphis jamesii (James’s galleta), adequate precipitation to be essential loam, gravelly sandy loam, clay loam, Oryzopsis hymenoides (Indian physical or biological features for this and cobbly loam (NRCS 2012), with a ricegrass), Sphaeralcea spp. (globe- species. soil pH between 7.9 to 8.4 (NatureServe mallow), and Stipa spp. (needlegrass). 2011; NRCS 2012). The fine textured Other native cactus species that are Sites for Breeding, Reproduction, and very loose soil texture may enable commonly found include Agave Rearing, Germination, Seed Dispersal or the plant to be completely buried once utahensis (century plants), Echinocactus Pollination retracted (NNHP 1994, p. 3), thereby polycephalus spp. and Escobaria The Fickeisen plains cactus does not protecting the apex from exposure to vivipara var. rosea (foxtail cactus) require areas for breeding or low temperatures during the winter (Brown 1994, pp. 115–121; Turner 1994, reproduction other than the areas they season. The Fickeisen plains cactus is pp. 145–155; Hughes 1996b, p. 2; occupy and any area necessary for found at elevations from 1,310 to 1,813 Goodwin 2011a, p. 4; NatureServe pollinators and seed dispersal (refer to m (4,200 to 5,950 ft). These elevations 2011). Pollination and Pollen Dispersal section support between 15.25 and 35.56 cm (6 The Fickeisen plains cactus is found in Acun˜ a Cactus above). Reproduction to 14 in) of annual rainfall, although growing in open, sparsely vegetated sites accommodate all life-history precipitation patterns and monthly areas in full sun but also in areas of phases of the Fickeisen plains cactus. amounts are highly variable within the dense grass cover. Seedlings and adult Like other native plants within the range of the Fickeisen plains cactus. Fickeisen plains cacti observed growing Colorado Plateau region, adequate Plants are found growing on mesa tops underneath a shrub canopy or from precipitation and low temperatures or plateaus and depositional areas clumps of grama grass appeared to be during the winter season, which reduce consisting of flat terraces and benches, larger and fuller than those in open evaporation, favor seedling germination along the margins of canyon rims or on areas. Some type and amount of canopy (Comstock and Ehleringer 1992, pp. the toe of well-drained hills. Individuals cover may create suitable microhabitat 196–199). are found on the western, southwestern, conditions that enhance Fickeisen The Fickeisen plains cactus is found and southern-facing exposures with plains cactus’ survival by providing in areas of sparse vegetation and in tall, slopes of 0 to 20 percent (Arizona Rare protection from the sun and wind, and dense grass. Seeds of the Fickeisen Plant Committee 2001, unpaginated; by decreasing the rate of plains cactus would likely require AGFD 2011a, p. 2), although most plants evapotranspiration (Milne 1987, p. 34). certain soil conditions to germinate, are observed on slopes less than 10 In order for the Fickeisen plains cactus such as adequate amounts of soil percent. to produce flower and set seed in the moisture and nutrients, and The Fickeisen plains cactus occurs spring, adequate soil moisture during temperatures conducive to germination, within the Plains and Great Basin the winter is necessary (Brack 2012, but we do not have any information grasslands and Great Basin desert scrub pers. comm.). The general soil moisture regarding those specific requirements. vegetation communities (Benson 1982, recharge period across its range is from Seed production in the Fickeisen plains p. 764; NatureServe 2011). Dominate December to March (Travis 1987, p. 3), cactus is considered to be low (Hughes native plant species that are commonly when temperatures and soil evaporation 2011, pers. comm.), and most species of associated with these biotic are low. Accumulated soil moisture is Pediocactus have poor seed dispersal communities include: Artemisia usually depleted by the summer months mechanisms (Benson 1982, p. 750). tridentata (sagebrush), Atriplex in which the Fickeisen plains cactus Seedlings are often observed near the canescens (four-wing saltbush), Atriplex will retract underground but may parent plant (Goodwin 2011a, p. 9) and confertifolia (shadscale), Bouteloua emerge following summer monsoon do better when shade is provided by a

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parent or nurse rock (Nobel 1984, p. m (3,280 ft) around each reproducing information above, we identify natural, 316; Milne 1987, p. 34). The Fickeisen Fickeisen plains cactus and containing generally intact surface and subsurface plains cactus relies solely on the native vegetation as a physical or that preserves the physical processes, production of seed for reproduction biological feature of Fickeisen plains such as soil quality and the natural (Pimienta-Barrios and del Castillo 2002, cactus habitat. hydrology of a natural vegetation p. 79). Optimal seed set occurs through Habitats That are Protected From community, to be physical or biological visitation and pollination by native Disturbance or Representative of the features for this species. bees. Pollinators observed visiting flowers Historical, Geographical, and Ecological Primary Constituent Elements for the of the Fickeisen plains cactus include Distribution of the Species Fickeisen Plains Cactus hover flies (family Syrphidae), bee flies The Fickeisen plains cactus has a Based on our current knowledge of (family Bombyliidae), mining bees restricted geographical distribution. the physical or biological features and (family Andrenidae), and sweat bees Endemic species whose populations habitat characteristics required to (family Halictidae) (Milne 1987, p. 21; exhibit a high degree of isolation are sustain the species’ life-history NNHP 1994, p. 3). However, the primary extremely susceptible to extinction from processes, we determine that the pollinators for the Fickeisen plains random and non-random, catastrophic, primary constituent elements specific to cactus are believed to be halictid bees natural or human-caused events. the Fickeisen plains cactus are: from the genera Lasioglossum, Halictus, Therefore, the conservation of the (i) Soils in northern Arizona on the and Agapostemon, based on several Fickeisen plains cactus is dependent on Colorado Plateau that are: studied species of Pediocactus several factors, including but not a. Formed from alluvium, colluvium, (Tepedino 2012, pers. comm.). limited to: (1) Maintenance of areas of or Aeolian deposits; Additionally, although flies may sufficient size and configuration to b. Derived from limestone of the pollinate flowers of the Fickeisen plains sustain natural ecosystem components, Harrisburg member of the Kaibab cactus when they eat pollen or nectar, functions, and processes (such as sun Formation and Toroweap Formation; bees are considered to be the essential exposure, native shrubs or grasses that c. Underlain with Coconino pollinators for native plants and likely provide microhabitats for seedlings, Sandstone, and sandstone and for the Fickeisen plains cactus. Foraging natural fire and hydrologic regimes, mudstone of the Moenkopi Formation; distances vary by species and body size preservation of biological soil crusts that d. At an elevation of 1,310 to 1,813 m (Greenleaf et al. 2007, p. 592), but the support the surrounding vegetation (4,200 to 5,950 ft); typical flight distances of halictid bees community, and adequate biotic balance e. Are gravelly-loam, fine-textured, in the genera Lasioglossum are 10 to 410 to prevent excessive herbivory); (2) well drained, and shallow; m (33 to 1,345 ft). The foraging distance protection of the existing substrate f. On terraces, benches, tops of mesas for the largest bodied bee in the genera continuity and structure; (3) and plateaus, toe-slope of hills with a 0 Agapostemon is approximately 1,000 m connectivity among clusters of plants to 20 percent slope; (3,280 ft) (Tepedino 2012, pers. comm.). within geographic proximity to facilitate g. Supportive of biological soil crusts; For the Fickeisen plains cactus, gene flow among these sites through h. Within the Plains and Great Basin because of its endemism, small pollination activity and seed dispersal; grassland and Great Basin desert scrub population size, and disjunct and (4) sufficient adjacent suitable vegetation communities; occurrence, maintaining genetic habitat for reproduction and population (ii) Native vegetation in areas that diversity is essential for its persistence expansion. have natural, generally intact surface (Tepedino et al. 1996, p. 245). In A natural, generally intact surface and and subsurface features that provide general, maintaining adequate subsurface that is free of inappropriate habitat and suitable nesting substrate for populations of the Fickeisen plains disturbance associated with land use the cactus’ pollinators and space for cactus’ primary pollinators, which activities (such as trampling and soil seed dispersal and germination; and likely depends on the presence and compaction from livestock grazing) and (iii) Provide for pollinator habitat diversity of other native plant species in associated physical processes such as with a radius of 1,000 m (3,280 ft) sufficient numbers within, near, and the hydrologic regime are necessary to around each individual, reproducing between populations (‘‘stepping provide water, minerals, and other Fickeisen plains cactus. stones’’), is essential to facilitate gene physiological needs for the Fickeisen Special Management Considerations or flow (NatureServe 2011). Therefore, plains cactus. A natural intact surface Protection maintaining areas with a high diversity and subsurface includes the of native plant species is necessary to preservation of soil qualities (texture, When designating critical habitat, we sustain populations of native pollinators slope, rooting depth) to enable the assess whether the specific areas within (Peach et al. 1993, p. 314). Low numbers seasonal ability of plants to retract the geographical area occupied by the of abundant flowers offering little below the subsurface to enter dormancy species at the time of listing contain reward can lead to low rates of plants but emerge when conditions are features which are essential to the visited by pollinators (Wilcox and favorable. A natural hydrologic regime conservation of the species and which Neiland 2002, pp. 272–273). The includes the seasonal retention of soil may require special management Fickeisen plains cactus relies solely on moisture followed by the drying out of considerations or protection. The the production of seeds for the substrate to promote growth of features essential to the conservation of reproduction, with pollination highly plants for the following season. These this species may require special linked to their survival. A lack of processes enable populations to develop management considerations or pollinators would gradually decrease and maintain seed banks, and to provide protection to reduce the following the number of seeds in the seed bank for success seedling survival, adult threats: (1) Livestock grazing; (2) and the conservation potential for the growth, and expansion of populations. nonnative, invasive plant species; (3) Fickeisen plains cactus (Wilcock and The Fickeisen plains cactus must rodent and rabbit predation; and (4) Neiland 2002, p. 276). Therefore, based sustain and expand in number if long-term drought. Special management on the information above, we identify a ecological representation of this species considerations or protection are pollination area-with a radius of 1,000 is to be ensured. Therefore, based on the required within critical habitat areas to

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address these threats. Management Fickeisen plains cactus in the Toquer lifespan of 10 to 15 years, we believe activities that could ameliorate these Tank plot. A fair number of plants were that the six unmonitored subunits are threats include (but are not limited to) documented there for several still occupied by the Fickeisen plains improving habitats and potentially consecutive years and the site was cactus. increasing plant population numbers on occupied in 1994. When the Salaratus To further our assumption that lands the BLM, Forest Service, or the Draw plots were last visited in 2001, the unsurveyed areas may still be occupied, State currently holds or may hold in the sites were reported to be dry. Climate the Fickeisen plains cactus exhibits future. Special management to protect data for 2001 recorded below-average episodic recruitment when climatic the features essential to the conservation precipitation, and the region was conditions are ideal. Based on BLM’s of the species include conservation experiencing a prolonged drought. monitoring information, a few small measures and actions to minimize Given that the Fickeisen plains cactus plants do emerge, perhaps not each effects of livestock grazing; control can be difficult to locate, particularly year, but at least every 2 to 4 years. nonnative, invasive plants; reduce when plants are not flowering, it is Information that describes the habitat of rodent and rabbit predation, and likely that they were retracted below these sites is very limited. Livestock manage activities in response to drought ground and missed during the count. In grazing is the primary surface-disturbing conditions on these lands. These addition, plants may remain activity. Based on our evaluation of management activities will protect the underground for several years in a row, grazing for the regular monitored plots, features essential to the conservation of as has been documented in the plots we anticipate that the habitat has been the species by maintaining native that are regularly monitored by the degraded and impacted by other vegetation communities, preserving soil BLM. Even plants that have their crown identified threats to the plant. We also characteristics, and providing habitat for exposed just above the soil surface can acknowledge that these small the Fickeisen plains cactus and its be difficult to locate. When conditions populations are being affected by pollinators. are ideal (adequate precipitation), plants drought and climate change, and when will emerge above ground and are easier coupled with surface disturbance, this Criteria Used To Identify Critical likely results in increased mortality. But Habitat to detect. Additionally, BLM documented one instance when the based on the best available information, As required by section 4(b)(2) of the Sunshine Ridge population had there is no indication that leads us to Act, we use the best scientific data declined to zero plants in 2000, but believe that the Fickeisen plains cactus available to designate critical habitat. three of the tagged plants were detected is no longer viable at the unsurveyed We review available information the following year. This provides basis sites. pertaining to the habitat requirements of for our assumption that the Salaratus We considered areas outside the the species. In accordance with the Act geographical area occupied by the Draw and Toquer Tank may still be and its implementing regulation at 50 Fickeisen plains cactus at the time of occupied as of 2012. CFR 424.12(e), we consider whether listing, but we are not proposing to designating additional areas—outside Furthermore, the Fickeisen plains designate any areas outside the those currently occupied as well as cactus was documented at six sites that geographical area occupied by the those occupied at the time of listing— have never been monitored and have Fickeisen plains cactus. In our review, are necessary to ensure the conservation not been visited in over 18 years. These the Fickeisen plains cactus occurs of the species. We have determined that unmonitored sites (Beanhole Well, across a broad range with different all areas we are proposing to designate Marble Canyon, South Canyon, Tiger topography, large elevational gradients, as critical habitat are within the Wash1, Tiger Wash 2, and Shinumo and vegetation communities (Grahame geographical area occupied by the Wash) are within 6 km (4 mi) of the and Sisk 2002, entire; USGS 2002, species at the time of listing (see the monitored sites in House Rock Valley entire). Due to the vastness and ‘‘Abundance and Trends’’ section, where the Fickeisen plains cactus has diversity of the range, there are areas above, for more information). been documented within the last 6 within its geographical range that Based on the best available years. Livestock grazing has been provides for in-situ conservation if information, we conclude that the nine reported in the area of the South Canyon needed in the future. Therefore, we proposed units are occupied by the site, but there is no evidence that the determined that a subset of occupied Fickeisen plains cactus. We grazing resulted in the Fickeisen plains lands within the species’ current range acknowledge that several of the cactus being removed from the is adequate to ensure the conservation populations have not been visited for population. Similarly, there have been of the Fickeisen plains cactus. many years, but our rationale for no large-scale, surface-disturbing We reviewed available information including them within occupied units is activities occurring in proximity to the and supporting data that pertains to the described below. monitored or unmonitored areas that habitat requirements of the Fickeisen The Salaratus Draw (which includes would lead us to believe that the plains cactus. This information Salaratus Draw I and Salaratus Draw II) Fickeisen plains cactus is no longer included research published in peer- and Toquer Tank sites were within the viable at the sites. Also, the life span of reviewed articles, soil surveys, agency BLM’s ‘‘seldom’’ monitored cluster plots the Fickeisen plains cactus is estimated reports, special land assessments, and and contain a few, widely spaced to be between 10 to 15 years (Phillips data collected from long-term individuals. These cluster plots were for et al. 1982, p. 9). Because these six monitoring plots, interviews with the purpose of tracking presence or unmonitored sites are within close experts, and regional climate data and absence and not intended to be proximity to the monitored sites that GIS coverage. Sources of information intensively searched or to establish a contain the Fickeisen plains cactus, the include, but are not limited to: AGFD population estimate. They were environmental conditions have not been 2011b, AZGS 2011, Billingsley 2000, originally created to be visited every 5 severe enough to extirpate the cactus Billingsley and Dyer 2003, BLM 2007a, to 10 years in which, the Toquer Tank from nearby monitored sites, impacts to Calico 2012, Goodwin 2011a, Hazelton plot was last visited in 1994 and the the habitat from livestock grazing have 2012a, Milne 1987, NNHP 2011a, NRCS Salaratus Draw plots in 2001. We have not removed plants from the monitored 2012, Phillips et al. 1982, Travis 1987, very little information about the populations, and the cactus has a and WRCC 2012. Based on this

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information, we developed a strategy for (3) We then drew critical habitat regulatory text, presented at the end of determining which areas meet the boundaries that captured the locations this document in the rule portion. We definition of critical habitat for the elucidated under (1) and (2) above. include more detailed information on Fickeisen plains cactus. Critical habitat designations were then the boundaries of the critical habitat In identifying proposed critical mapped using Albers Equal Area designation in the preamble of this habitat units for the Fickeisen plains (Albers) North American Datum 83 document. We will make the cactus, we proceeded through a multi- (NAD 83) coordinates. coordinates or plot points or both on step process. We obtained all records for which each map is based available to Occupied Area at the Time of Listing the distribution of the Fickeisen plains the public on http:// cactus from AGFD, as well as both Areas where plants are or have been www.regulations.gov at Docket No. published and unpublished documented within the species’ FWS–R2–ES–2012–0061, on our documentation from our files. Recent described range were considered to be Internet sites http://www.fws.gov/ survey results confirm that plant occupied at the time of listing. The southwest/es/arizona/, and at the field distribution is similar to known known range of the Fickeisen plains office responsible for the designation distributions with the exception that cactus is from Mainstreet Valley and (see FOR FURTHER INFORMATION CONTACT additional populations have been found Hurricane Valley in Mohave County to above). following survey efforts. House Rock Valley in Coconino County Proposed Critical Habitat Designation Our approach to delineating critical on the Arizona Strip; along the canyon for the Fickeisen Plains Cactus habitat units was applied in the rims of the Colorado River and Little following manner: Colorado River, to the area of Gray We are proposing nine units as (1) We overlaid locations of the Mountain; and along the rims of critical habitat for the Fickeisen plains Fickeisen plains cactus into a GIS Cataract Canyon on the Coconino cactus. The critical habitat areas we database. This provided us with the Plateau. describe below constitute our current ability to examine slope, elevation, Occupied occurrences of the best assessment of areas that meet the geologic type, vegetation community, Fickeisen plains cactus located in close definition of critical habitat for the and topographic features. These data proximity were grouped into one unit Fickeisen plains cactus. The nine areas points verified and slightly expanded (e.g., Hurricane Cliffs). Areas where we propose as critical habitat are: (1) the previously recorded elevation ranges plants are distributed over a large Hurricane Cliffs; (2) Sunshine Ridge; (3) for the Fickeisen plains cactus. distance (e.g., Cataract Ranch) were also Clayhole Valley; (4) Snake Gulch; (5) (2) In addition to the GIS layers listed categorized into one unit. All of the House Rock Valley; (6) Tiger Wash; (7) above, we then included a 1,000 m units contained all of the identified Little Colorado River Overlook; (8) Gray (3,280 ft) pollination area around known elements of physical or biological Mountain; and (9) Cataract Canyon. All populations to encompass native features and supported multiple life- of the nine critical habitat units are vegetation surrounding individual history processes. occupied by the Fickeisen plains cactus. Fickeisen plains cacti, as described in The critical habitat designation is The approximate area of each Primary Constituent Elements for the defined by the map or maps, as proposed critical habitat unit is shown Fickeisen Plains Cactus, above. modified by any accompanying in Table 8.

TABLE 8—PROPOSED CRITICAL HABITAT UNITS FOR THE FICKEISEN PLAINS CACTUS

Federal State Tribal Private Total Unit Subunit Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac)

1. Hurricane Cliffs Dutchman Draw 1,525 (3,769) 0 0 2 (5) 1,527 (3,774) Salaratus Draw 445 (1,098) 266 (658) 0 13 (33) 724 (1,789) Temple Trail 443 (1,096) 0 0 0 443 (1,096) Toquer Tank 350 (865) 0 0 0 350 (865)

Unit Total ...... 2,763 (6,828) 266 (658) 0 15 (38) 3,044 (7,524)

2. Sunshine Ridge Sunshine Ridge 612 (1,512) 142 (351) 0 0 754 (1,863)

3. Clayhole Valley Clayhole Ridge 338 (836) 76 (188) 0 0 414 (1,024)

4. Snake Gulch .... Snake Gulch 945 (2,335) 0 0 0 945 (2,335)

5. House Rock Valley ...... Beanhole Well 745 (1,841) 126 (312) 0 0 871 (2,153) North Canyon 472 (1,166) 0 0 0 472 (1,166) Wash Marble Canyon 214 (528) 0 0 0 214 (528) South Canyon 336 (831) 0 0 0 336 (831)

Unit Total ...... 1,767 (4,366) 126 (312) 0 0 1,893 (4,678)

6. Tiger Wash ...... Tiger Wash 1 0 0 380 (940) 0 380 (940) Tiger Wash 2 0 0 1,497 (3,700) 0 1,497 (3,700) Shinumo Wash 0 0 380 (940) 0 380 (940)

Unit Total ...... 0 0 2,257 (5,580) 0 2,257 (5,580)

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TABLE 8—PROPOSED CRITICAL HABITAT UNITS FOR THE FICKEISEN PLAINS CACTUS—Continued

Federal State Tribal Private Total Unit Subunit Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac) Ha (Ac)

7. Little Colorado River (LCR) Overlook ...... LCR Overlook 0 0 1,170 (2,891) 0 1,170 (2,891)

8. Gray Mountain Mays Wash 246 (609) 80 (198) 0 0 371 (917) 697 (1,724) Gray Mountain 0 7 (17) 438 (1,083) 514 (1,271) 960 (2,371)

Unit Total ...... 246 (609) 87 (215) 438 (1,083) 885 (2,188) 1,656 (4,095)

9. Cataract Can- yon ...... Cataract Canyon 0 4,920 (12,159) 0 0 2,848 (7,037) 7,768 (19,196)

Grand Total ...... 6,671 (16,486) 5,617 (13,883) 3,865 (9,554) 3,748 (9,263) 19,901 (49,186) Note: Area sizes may not sum due to rounding.

We present below brief descriptions essential to the conservation of the Unit 2: Sunshine Ridge Unit of all units, and reasons why they meet Fickeisen plains cactus. The unit includes lands owned by the the definition of critical habitat for the Subunit 1b: Salaratus Draw—Subunit State and federally owned land that is Fickeisen plains cactus. 1b consists of 724 ha (1,789 ac) in managed by the BLM. Plants are located Mainstreet Valley. Lands within this Unit 1: Hurricane Cliffs east of the Uinkaret Plateau and east of subunit are occupied at the time of the range of the Pediocactus sileri (Siler The Hurricane Cliffs Unit is located listing. This site was visited only three pincushion cactus). Occupancy of the within the Hurricane Cliffs geographic times between 1986 and 2001. This Sunshine Ridge Unit by the Fickeisen area that is bounded to the west by subunit includes Salaratus Draw I and plains cactus has been documented Mainstreet Valley and to the east by Salaratus Draw II populations. At most, since 1977 (AGFD 2011b, entire). This Hurricane Cliffs. The unit consists of 44 plants were located in these areas in population has been regularly four subunits totaling 3,044 ha (7,524 19994. This subunit contains all of the monitored since 1986, and has 34 plants ac) on the Arizona Strip in Mohave primary constituent elements of the as of 2011. Land within this unit is County. The unit includes private land, physical or biological features essential occupied at the time of listing and lands owned by the State of Arizona, to the conservation of the Fickeisen contains all of the primary constituent plains cactus. and federally owned land managed by elements of the physical or biological the BLM. This subunit contains all of Subunit 1c: Temple Trail—Subunit 1c features essential to the conservation of the primary constituent elements of the consists of 443 ha (1,096 ac) in Lower the Fickeisen plains cactus. Hurricane Valley. Lands within this physical or biological features essential The features essential to the subunit are occupied at the time of to the conservation of the Fickeisen conservation of the species may require listing. This site was last visited in 2001 plains cactus. Occupancy of the special management considerations to when seven individuals were found. Hurricane Cliffs Unit by the Fickeisen address threats from livestock grazing; This subunit contains all of the primary plains cactus has been documented nonnative, invasive species; rodent or constituent elements of the physical or since 1986 (BLM 1986, p. 1). The rabbit predation, and long-term drought. biological features essential to the species was considered generally rare conservation of the Fickeisen plains Unit 3: Clayhole Valley but in abundant numbers at Dutchman cactus. Unit 3 is located in Upper Clayhole Draw with scattered individuals located Subunit 1d: Toquer Tank—Subunit Valley on the Uinkaret Plateau. The unit in small clusters adjacent to the 1d consists of 350 ha (865 ac) in consists of the Clayhole Ridge subunit Dutchman Draw populations. These Mainstreet Valley. Lands within this totaling 414 ha (1,024 ac) on the Arizona smaller clusters include the Navajo, subunit are occupied at the time of Strip in Mohave County. The unit Ward, Salaratus Draw I and Salaratus listing. This site was regularly includes land owned by the State and Draw II, Temple Trail, and Toquer Tank monitored from 1986 to 1991, when federally owned land that is managed by populations. abundance counts ranged from 7 to 13 the BLM. Occupancy of the Clayhole Subunit 1a: Dutchman Draw— plants. This site was last visited in 1994 Valley Unit by the Fickeisen plains Subunit 1a consists of 1,527 ha (3,774 and seven individuals were found. This cactus has been documented since 1980 ac) in Mainstreet Valley next to subunit contains all of the primary (AGFD 2011b, entire). The population Dutchman Draw. Lands within this constituent elements of the physical or has been monitored annually since subunit are occupied at the time of biological features essential to the 1986. As of 2011, the population listing. This site has been monitored conservation of the Fickeisen plains contains 42 plants. Land within this regularly since 1986, and contains 12 cactus. unit is occupied at the time of listing plants as of 2011. This subunit also In all subunits of Unit 1, the features and contains all of the primary includes the Navajo and Ward cluster essential to the conservation of the constituent elements of the physical or plots. These small plots were last visited species may require special biological features essential to the in 2001 and 10 plants were found at management considerations to address conservation of the Fickeisen plains both of the sites. This subunit contains threats from livestock grazing; cactus. all of the primary constituent elements nonnative, invasive species; rodent or The features essential to the of the physical or biological features rabbit predation, and long-term drought. conservation of the species may require

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special management considerations to federally owned land that is managed by reproductive (NNHP 1994, p. 6). We address threats from livestock grazing; the BLM, and 126 ha (312 ac) of State- will coordinate with the Tribe and nonnative, invasive species; rodent or owned land. Lands within this subunit examine what conservation actions, rabbit predation, and long-term drought. are occupied at the time of listing. Three management plans, and commitments plants were documented at Beanhole and assurances for the Fickeisen plains Unit 4: Snake Gulch Unit Well in 1979, and the site has been cactus occur on these lands for potential Unit 4 is located on the western visited since then, but we do not have exclusion from the final designation of boundary of the Kaibab National Forest information available regarding critical habitat under section 4(b)(2) of in Coconino County. The unit consists numbers of plants. This subunit the Act. of 945 ha (2,335 ac) on the North Kaibab contains all of the primary constituent Subunit 6a: Tiger Wash 1—Subunit 6a Ranger District. The entire unit consists elements of the physical or biological consists of 380 ha (940 ac) on the Navajo of federally owned land that is managed features essential to the conservation of Nation near the Marble Canyon. Lands by the U.S. Forest Service. Occupancy the Fickeisen plains cactus. within this subunit are occupied at the was confirmed in 2004, by the Kaibab Subunit 5b: North Canyon Wash— time of listing. This site was visited in National Forest. The number of plants Subunit 1b consists of 472 ha (1,166 ac) 2005, and two plants were found. This occurring here has not been of federally owned land that is managed subunit contains all of the primary documented except in general terms of by the BLM. Lands within this subunit constituent elements of the physical or presence/absence. This unit is occupied are occupied at the time of listing. This biological features essential to the at the time of listing and contains all of site has been regularly monitored since conservation of the Fickeisen plains the primary constituent elements of the 1986. As of 2011, the site contains 39 cactus. physical or biological features essential Fickeisen plains cactus. This subunit Subunit 6b: Tiger Wash 2—Subunit 6b to the conservation of the Fickeisen contains all of the primary constituent consists of 1,497 ha (3,700 ac) on the plains cactus. elements of the physical or biological Navajo Nation near the Marble Canyon. The features essential to the features essential to the conservation of Lands in this subunit are considered conservation of the species may require the Fickeisen plains cactus. occupied at the time of listing. This site special management considerations to Subunit 5c: Marble Canyon—Subunit was visited in 1993, when 11 plants address threats from nonnative, invasive 5c consists of 214 ha (528 ac) of were found among 3 areas within this species and long-term drought. federally owned land that is managed by site. This subunit contains all of the Livestock grazing is permitted in this the BLM. Lands within this subunit are primary constituent elements of the subunit during the winter, but is not occupied at the time of listing. Eight physical or biological features essential considered a threat to the features plants were documented at Marble to the conservation of the Fickeisen essential to the conservation of the Canyon in 1979. This site has not been plains cactus. Fickeisen plains cactus. visited for many years. This subunit Subunit 6c: Shinumo Wash—Subunit contains all of the primary constituent 6c consists of 380 ha (940 ac) on the Unit 5: House Rock Valley elements of the physical or biological Navajo Nation near the Marble Canyon. Unit 5 is located on the eastern edge features essential to the conservation of This subunit is considered occupied at of the Arizona Strip in Coconino County the Fickeisen plains cactus. the time of listing. This site was visited and near the North Rim of the Grand Subunit 5d: South Canyon—Subunit in 1993, and seven plants were found. Canyon National Park. The unit consists 5d consists of 336 ha (831 ac) of Federal This subunit contains all of the primary of four subunits totaling 1,893 ha (4,678 Land in House Rock Valley along the constituent elements of the physical or ac). The unit consists of land owned by rim of Marble Canyon. Lands within biological features essential to the the State and federally owned land that this subunit are occupied at the time of conservation of the Fickeisen plains is managed by the BLM. Lands within listing. A total of 52 plants have been cactus. this unit are occupied at the time of documented at this site historically. In all subunits of Unit 6, the features listing and contain all of the primary This subunit contains all of the primary essential to the conservation of the constituent elements of the physical or constituent elements of the physical or species may require special biological features essential to the biological features essential to the management considerations to address conservation of the Fickeisen plains conservation of the Fickeisen plains threats from livestock grazing, cactus. cactus. nonnative, invasive species, and long- Occupancy of the Fickeisen plains In all subunits of Unit 5, the features term drought. cactus in the House Rock Valley Unit essential to the conservation of the Unit 7: Little Colorado River Overlook was first documented in 1979 (Phillips species may require special 1979, entire; AGFD 2011b, entire), at management considerations to address Unit 7 is located on the rim of the Beanhole Well, Marble Canyon, and threats from livestock grazing; Little Colorado River on the Navajo South Canyon. These sites have not nonnative, invasive species; rodent and Nation in Coconino County. The unit been visited for many years. However, rabbit predation, and long-term drought. consists of 1,170 ha (2,891 ac). The we have no reason to believe these sites entire unit is managed by the Navajo are not occupied at the time of listing Unit 6: Tiger Wash Nation. Lands in this subunit are for the before-mentioned reasons. Unit 6 is located near the rim of considered occupied at the time of Occupancy at the North Canyon Wash Marble Canyon on the Navajo Nation. listing. Occupancy of the Little Colorado site was documented in 1986, and it has The unit consists of three subunits River Overlook Unit by the Fickeisen been regularly monitored. The House totaling 2,257 ha (5,580 ac) in Coconino plains cactus has been documented Rock Valley Unit is bounded by the County. The entire unit is managed by since 1956 (AGFD 2011b, entire; NNHP Colorado River that runs northwest to the Navajo Nation. Occupancy of the 2011a, p. 3). This unit was visited southwest, U.S. Highway 89A to the Tiger Wash Unit by the Fickeisen plains between 1997 and 2005, and a total of north, and the Kaibab National Forest to cactus was first documented in 1991 36 plants have been documented among the west. (NNHP 2011a, p. 3). At that time, it three areas. This unit contains all of the Subunit 5a: Beanhole Well—Subunit contained 41 plants that were observed primary constituent elements of the 5a consists of 745 ha (1,841 ac) of to be in good-to-excellent condition and physical or biological features essential

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to the conservation of the Fickeisen contains all of the primary constituent (see Gifford Pinchot Task Force v. U.S. plains cactus. We will coordinate with elements of the physical or biological Fish and Wildlife Service, 378 F.3d 1059 the Tribe and examine what features essential to the conservation of (9th Cir. 2004) and Sierra Club v. U.S. conservation actions, management the Fickeisen plains cactus. Fish and Wildlife Service et al., 245 F.3d plans, and commitments and assurances In all subunits of Unit 8, the features 434, 442 (5th Cir. 2001)), and we do not for the Fickeisen plains cactus occur on essential to the conservation of the rely on this regulatory definition when these lands for potential exclusion from species may require special analyzing whether an action is likely to the final designation of critical habitat management considerations to address destroy or adversely modify critical under section 4(b)(2) of the Act. threats from livestock grazing, habitat. Under the statutory provisions The features essential to the nonnative, invasive species, and long- of the Act, we determine destruction or conservation of the species may require term drought. adverse modification on the basis of special management considerations to whether, with implementation of the address threats from livestock grazing, Unit 9: Cataract Canyon proposed Federal action, the affected nonnative, invasive species, and long- Unit 9 is located along the Cataract critical habitat would continue to serve term drought. Canyon drainage, a tributary of the its intended conservation role for the Unit 8: Gray Mountain Colorado River, on the Coconino species. Plateau. The unit consists of the If a Federal action may affect a listed Unit 8 is located in the vicinity of Cataract Canyon population totaling species or its critical habitat, the Gray Mountain in Coconino County. 7,768 ha (19,196 ac) and includes responsible Federal agency (action The unit consists of two subunits private land and land owned by State. agency) must enter into consultation totaling 1,656 ha (4,095 ac). The unit The private parcels are within a with us. Examples of actions that are includes private land, lands owned by conservation easement and are referred subject to the section 7 consultation the State, tribal lands, and federally to as the Cataract Natural Reserve Land process are actions on State, Tribal, owned land managed by the BLM. (TNC 2000, p. 22). Lands in this unit are local, or private lands that require a Lands within this unit are considered considered occupied at the time of Federal permit (such as a permit from occupied at the time of listing. listing. Occupancy of the Cataract the U.S. Army Corps of Engineers under Occupancy at the Gray Mountain unit Canyon Unit by the Fickeisen plains section 404 of the Clean Water Act (33 was first documented in 1962, and cactus was documented between 2006 U.S.C. 1251 et seq.) or a permit from the consists of two very small populations and 2011 (Goodwin 2006, pp. 5–7; Service under section 10 of the Act) or on both sides Highway 89 near the town Goodwin 2008, pp. 8–10; Goodwin that involve some other Federal action of Gray Mountain. This unit contains all 2011a, pp. 18–20). There are 146 plants (such as funding from the Federal of the primary constituent elements of on private lands, and 161 plants on Highway Administration, Federal the physical or biological features State land. The unit contains all of the Aviation Administration, or the Federal essential to the conservation of the primary constituent elements of the Emergency Management Agency). Fickeisen plains cactus. Portions of the physical or biological features essential Federal actions not affecting listed Gray Mountain subunit occur on the to the conservation of the Fickeisen species or critical habitat, and actions Navajo Nation. We will coordinate with plains cactus. on State, Tribal, local, or private lands the Tribe and examine what The features essential to the that are not federally funded or conservation actions, management conservation of the species may require authorized, do not require section 7 plans, and commitments and assurances special management considerations to consultation. for the Fickeisen plains cactus occur on address threats from nonnative, invasive As a result of section 7 consultation, these lands for potential exclusion from species. we document compliance with the the final designation of critical habitat requirements of section 7(a)(2) through under section 4(b)(2) of the Act. Effects of Critical Habitat Designation our issuance of: Subunit 8a: Mays Wash—Subunit 8a for Acun˜ a Cactus and Fickeisen Plains (1) A concurrence letter for Federal consists of 697 ha (1,724 ac) near the Cactus actions that may affect, but are not near the town of Gray Mountain. The Section 7 Consultation likely to adversely affect, listed species unit includes private land, land owned or critical habitat; or by the State, and federally owned land Section 7(a)(2) of the Act requires (2) A biological opinion for Federal managed by the BLM. Lands in this Federal agencies, including the Service, actions that may affect, or are likely to subunit are considered occupied at the to ensure that any action they fund, adversely affect, listed species or critical time of listing. Occupancy at this site authorize, or carry out is not likely to habitat. was documented in 1981 and 1984, jeopardize the continued existence of When we issue a biological opinion when 31 plants were found (AGFD any endangered species or threatened concluding that a project is likely to 2011b, entire). This subunit contains all species or result in the destruction or jeopardize the continued existence of a of the primary constituent elements of adverse modification of designated listed species and/or destroy or the physical or biological features critical habitat of such species. In adversely modify critical habitat, we essential to the conservation of the addition, section 7(a)(4) of the Act provide reasonable and prudent Fickeisen plains cactus. requires Federal agencies to confer with alternatives to the project, if any are Subunit 8b: Gray Mountain—Subunit the Service on any agency action which identifiable, that would avoid the 8b consists of 960 ha (2,371 ac) on near is likely to jeopardize the continued likelihood of jeopardy and/or the near the town of Gray Mountain. existence of any species proposed to be destruction or adverse modification of This unit includes private land, tribal listed under the Act or result in the critical habitat. We define ‘‘reasonable land, and land owned by the State. destruction or adverse modification of and prudent alternatives’’ (at 50 CFR Lands in this subunit are considered proposed critical habitat. 402.02) as alternative actions identified occupied at the time of listing. Decisions by the 5th and 9th Circuit during consultation that: Occupancy was last documented in Courts of Appeals have invalidated our (1) Can be implemented in a manner 2009 and three individuals were found regulatory definition of ‘‘destruction or consistent with the intended purpose of (NNHP 2011a, p. 2). This subunit adverse modification’’ (50 CFR 402.02) the action,

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(2) Can be implemented consistent cactus or the Fickeisen plains cactus. habitat. Specifically, section 4(a)(3)(B)(i) with the scope of the Federal agency’s These activities include, but are not of the Act (16 U.S.C. 1533(a)(3)(B)(i)) legal authority and jurisdiction, limited to, actions that would adversely now provides: ‘‘The Secretary shall not (3) Are economically and affect the composition and structure of designate as critical habitat any lands or technologically feasible, and soil within the designated critical other geographic areas owned or (4) Would, in the Director’s opinion, habitat for acun˜ a cactus or the Fickeisen controlled by the Department of avoid the likelihood of jeopardizing the plains cactus through land disturbances Defense, or designated for its use, that continued existence of the listed species that result in soil compaction or erosion, are subject to an integrated natural and/or avoid the likelihood of removal or degradation of native resources management plan prepared destroying or adversely modifying vegetation, or fragmentation of the under section 101 of the Sikes Act (16 critical habitat. acun˜ a cactus or the Fickeisen plains U.S.C. 670a), if the Secretary determines Reasonable and prudent alternatives cactus populations or their pollinators. in writing that such plan provides a can vary from slight project Such activities within the designated benefit to the species for which critical modifications to extensive redesign or critical habitat for acun˜ a cactus or the habitat is proposed for designation.’’ relocation of the project. Costs Fickeisen plains cactus could include, Within the proposed critical habitat associated with implementing a but are not limited to, road and trail designation area, there are no reasonable and prudent alternative are building; construction of new border Department of Defense lands with a similarly variable. control facilities, towers or fences; completed INRMP that includes the Regulations at 50 CFR 402.16 require mining; ORV activity; cattle or burro acun˜ a cactus. The BMGR has a Federal agencies to reinitiate grazing; and permitting actions that completed INRMP that addresses other consultation on previously reviewed would result in any of the above effects. endangered and threatened species, but actions in instances where we have These activities could result in the loss it does not include management actions listed a new species or subsequently of individuals or populations through specific to the acun˜ a cactus or its designated critical habitat that may be reduction in productivity, the depletion habitat. Therefore the BMGR lands are affected and the Federal agency has of seedbanks, or the destruction or not exempt from the potential retained discretionary involvement or degradation of habitat for these cacti or designation of critical habitat for acun˜ a control over the action (or the agency’s their pollinators. cactus at this time. No Department of discretionary involvement or control is Defense lands are being proposed for authorized by law). Consequently, Exemptions designated critical habitat for the Federal agencies sometimes may need to Application of Section 4(a)(3) of the Act Fickeisen plains cactus. request reinitiation of consultation with us on actions for which formal The Sikes Act Improvement Act of Exclusions 1997 (Sikes Act) (16 U.S.C. 670a) consultation has been completed, if Application of Section 4(b)(2) of the Act those actions with discretionary required each military installation that involvement or control may affect includes land and water suitable for the Section 4(b)(2) of the Act states that subsequently listed species or conservation and management of the Secretary shall designate and make designated critical habitat. natural resources to complete an revisions to critical habitat on the basis integrated natural resources of the best available scientific data after Application of the ‘‘Adverse management plan (INRMP) by taking into consideration the economic Modification’’ Standard November 17, 2001. An INRMP impact, national security impact, and The key factor related to the adverse integrates implementation of the any other relevant impact of specifying modification determination is whether, military mission of the installation with any particular area as critical habitat. with implementation of the proposed stewardship of the natural resources The Secretary may exclude an area from Federal action, the affected critical found on the base. Each INRMP critical habitat if he determines that the habitat would continue to serve its includes: benefits of such exclusion outweigh the intended conservation role for the (1) An assessment of the ecological benefits of specifying such area as part species. Activities that may destroy or needs on the installation, including the of the critical habitat, unless he adversely modify critical habitat are need to provide for the conservation of determines, based on the best scientific those that alter the physical or listed species; data available, that the failure to biological features to an extent that (2) A statement of goals and priorities; designate such area as critical habitat appreciably reduces the conservation (3) A detailed description of will result in the extinction of the value of critical habitat for the acun˜ a management actions to be implemented species. In making that determination, cactus or for the Fickeisen plains cactus. to provide for these ecological needs; the statute on its face, as well as the As discussed above, the role of critical and legislative history, are clear that the habitat is to support life-history needs of (4) A monitoring and adaptive Secretary has broad discretion regarding the species and provide for the management plan. which factor(s) to use and how much conservation of the species. Among other things, each INRMP weight to give to any factor. Section 4(b)(8) of the Act requires us must, to the extent appropriate and Under section 4(b)(2) of the Act, we to briefly evaluate and describe, in any applicable, provide for fish and wildlife may exclude an area from designated proposed or final regulation that management; fish and wildlife habitat critical habitat based on economic designates critical habitat, activities enhancement or modification; wetland impacts, impacts on national security, involving a Federal action that may protection, enhancement, and or any other relevant impacts. In destroy or adversely modify such restoration where necessary to support considering whether to exclude a habitat, or that may be affected by such fish and wildlife; and enforcement of particular area from the designation, we designation. applicable natural resource laws. identify the benefits of including the Activities that may affect critical The National Defense Authorization area in the designation, identify the habitat, when carried out, funded, or Act for Fiscal Year 2004 (Pub. L. 108– benefits of excluding the area from the authorized by a Federal agency, should 136) amended the Act to limit areas designation, and evaluate whether the result in consultation for the acun˜ a eligible for designation as critical benefits of exclusion outweigh the

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benefits of inclusion. If the analysis consider excluding certain lands in the habitat for the acun˜ a cactus and the indicates that the benefits of exclusion final rule if we receive specific, Fickeisen plains cactus. Using the outweigh the benefits of inclusion, the reasonable justification for that basis of criteria found in the Criteria Used To Secretary may exercise his discretion to a national security concern that would Identify Critical Habitat section for both exclude the area only if such exclusion result from the incremental regulatory species, we have determined that tribal would not result in the extinction of the burden of critical habitat during the lands that are occupied by the acun˜ a species. comment period. cactus and the Fickeisen plains cactus We have also determined that lands Exclusions Based on Economic Impacts contain the features essential for the within the proposed designation of conservation of both species, as well as Under section 4(b)(2) of the Act, we critical habitat for the Fickeisen plains tribal lands unoccupied by the acun˜ a consider the economic impacts of cactus are not owned or managed by the cactus are essential for the conservation specifying any particular area as critical Department of Defense, and, therefore, of the species. We will seek habitat. In order to consider economic we anticipate no impact on national government-to-government consultation impacts, we are preparing an analysis of security. Consequently, the Secretary with these tribes throughout the public the economic impacts of the proposed does not propose to exert his discretion comment period and during critical habitat designation and related to exclude any areas from the final development of the final designations of factors. designation based on impacts on critical habitat for the acun˜ a cactus and We will announce the availability of national security. However, should Fickeisen plains cactus. We will the draft economic analysis as soon as BMGR or another entity identify consider these areas for exclusion from it is completed. At that time, copies of potential impacts to national security the final critical habitat designation to the draft economic analysis will be that may result from incremental the extent consistent with the available for downloading from the regulatory burden of critical habitat on requirements of 4(b)(2) of the Act. The Internet at http://www.regulations.gov, lands owned and managed by the Navajo Nation and the Tohono O’odham or by contacting the Arizona Ecological BMGR, or on the lands within the Nation are the main tribes affected by Services Field Office directly (see FOR critical habitat footprint for the acun˜ a this proposed rule. (Please see the FURTHER INFORMATION CONTACT). During cactus we may consider excluding those Information Requested section of this the development of a final designation, lands in the final critical habitat proposed revised rule for instructions we will consider economic impacts designation under section 4(b)(2) of the on how to submit comments). based on information in our economic Act and our implementing regulations at analysis, public comments, and other 50 CFR 424.19. Peer Review new information, and areas may be excluded from the final critical habitat Exclusions Based on Other Relevant In accordance with our joint policy on designation under section 4(b)(2) of the Impacts peer review published in the Federal Act and our implementing regulations at Under section 4(b)(2) of the Act, we Register on July 1, 1994 (59 FR 34270), 50 CFR 424.19. consider any other relevant impacts, in we will seek the expert opinions of at addition to economic impacts and least three appropriate and independent Exclusions Based on National Security impacts on national security. We specialists regarding this proposed rule. Impacts consider a number of factors, including The purpose of peer review is to ensure Under section 4(b)(2) of the Act, we whether the landowners have developed that our listing determination and consider whether there are lands where any HCPs or other management plans critical habitat designation are based on a national security impact might exist. for the area, or whether there are scientifically sound data, assumptions, Department of Defense lands that are conservation partnerships that would be and analyses. We have invited these included in this proposed rule include encouraged by designation of, or peer reviewers to comment during the the BMGR, as discussed above in exclusion from, critical habitat. In public comment period on our proposed Application of Section 4(a)(3) of the Act. addition, we look at any Tribal issues, listing designations of critical habitat for Additionally, there are specific areas and consider the government-to- these two species. included in this proposed rule that are government relationship of the United We will consider all comments and not owned or managed by the States with Tribal entities. We also information we receive during the Department of Defense, but on which consider any social impacts that might comment period on this proposed rule the CBP operates along the U.S.-Mexico occur because of the designation. during our preparation of a final border. CBP is tasked with maintaining The Secretary is not considering determination. Accordingly, the final national security interests along the exerting his discretion to exclude any decision may differ from this proposal. nation’s international borders. In order particular areas from final critical Public Hearings to achieve and maintain effective habitat for either of these species at this control of the United States border, CBP, time under section 4(b)(2) of the Act Section 4(b)(5) of the Act provides for through its component, the USBP, based on partnerships, management, or one or more public hearings on this requires continuing and regular access protection afforded by cooperative proposal, if requested. Requests must be to certain portions of the area proposed management efforts. In this proposed received within 45 days after the date of for designation as critical habitat. rule, we are seeking input from the publication of this proposed rule in the Because CBP’s border security mission public as to whether or not the Secretary Federal Register. Such requests must be has an important link to national should exclude specific areas covered sent to the address shown in the FOR security, CBP may identify impacts to under a conservation plan, agreements FURTHER INFORMATION CONTACT section. national security that may result from based on conservation partnerships, or We will schedule public hearings on designating critical habitat. We do not other such areas under management that this proposal, if any are requested, and have information currently indicating benefit the acun˜ a cactus and the announce the dates, times, and places of that lands within the proposed Fickeisen plains cactus from the final those hearings, as well as how to obtain designation of critical habitat for the revised critical habitat designation. In reasonable accommodations, in the acun˜ a cactus will have an impact on addition, there are Tribal lands included Federal Register and local newspapers national security. However, we may in the proposed designation of critical at least 15 days before the hearing.

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Required Determinations finding. Upon completion of the draft 658(5)–(7). ‘‘Federal intergovernmental economic analysis, we will announce mandate’’ includes a regulation that Regulatory Planning and Review— availability of the draft economic ‘‘would impose an enforceable duty Executive Orders 12866 and 13563 analysis of the proposed designation in upon State, local, or tribal governments’’ Executive Order 12866 provides that the Federal Register and reopen the with two exceptions. It excludes ‘‘a the Office of Information and Regulatory public comment period for the proposed condition of Federal assistance.’’ It also Affairs (OIRA) will review all significant designation. We will include with this excludes ‘‘a duty arising from rules. The Office of Information and announcement, as appropriate, an initial participation in a voluntary Federal Regulatory Affairs has determined that regulatory flexibility analysis or a program,’’ unless the regulation ‘‘relates this rule is not significant. certification that the rule will not have to a then-existing Federal program Executive Order 13563 reaffirms the a significant economic impact on a under which $500,000,000 or more is principles of E.O. 12866 while calling substantial number of small entities provided annually to State, local, and for improvements in the nation’s accompanied by the factual basis for Tribal governments under entitlement regulatory system to promote that determination. The proposed authority,’’ if the provision would predictability, to reduce uncertainty, critical habitat areas include Federal, ‘‘increase the stringency of conditions of and to use the best, most innovative, State, military, Tribal, and private lands, assistance’’ or ‘‘place caps upon, or and least burdensome tools for some of which are used for mining and otherwise decrease, the Federal achieving regulatory ends. The recreation (such as hiking, camping, Government’s responsibility to provide executive order directs agencies to horseback riding, and hunting). We have funding,’’ and the State, local, or Tribal consider regulatory approaches that concluded that deferring the RFA governments ‘‘lack authority’’ to adjust reduce burdens and maintain flexibility finding until completion of the draft accordingly. At the time of enactment, and freedom of choice for the public economic analysis is necessary to meet these entitlement programs were: where these approaches are relevant, the purposes and requirements of the Medicaid; Aid to Families with feasible, and consistent with regulatory RFA. Deferring the RFA finding in this Dependent Children work programs; objectives. E.O. 13563 emphasizes manner will ensure that we make a Child Nutrition; Food Stamps; Social further that regulations must be based sufficiently informed determination Services Block Grants; Vocational on the best available science and that based on adequate economic Rehabilitation State Grants; Foster Care, the rulemaking process must allow for information and provide the necessary Adoption Assistance, and Independent public participation and an open opportunity for public comment. Living; Family Support Welfare exchange of ideas. We have developed Services; and Child Support Energy Supply, Distribution, or Use— this rule in a manner consistent with Enforcement. ‘‘Federal private sector Executive Order 13211 these requirements. mandate’’ includes a regulation that Executive Order 13211 (Actions Regulatory Flexibility Act (5 U.S.C. 601 ‘‘would impose an enforceable duty Concerning Regulations That et seq.) upon the private sector, except (i) a Significantly Affect Energy Supply, condition of Federal assistance or (ii) a Under the Regulatory Flexibility Act Distribution, or Use) requires agencies duty arising from participation in a (RFA; 5 U.S.C. 601 et seq.) as amended to prepare Statements of Energy Effects voluntary Federal program.’’ by the Small Business Regulatory when undertaking certain actions. The designation of critical habitat Enforcement Fairness Act (SBREFA) of Because there are no energy facilities does not impose a legally binding duty 1996 (5 U.S.C 801 et seq.), whenever an within the footprint of the proposed on non-Federal Government entities or agency must publish a notice of critical habitat boundaries, and we are private parties. Under the Act, the only rulemaking for any proposed or final unaware of energy projects currently regulatory effect is that Federal agencies rule, it must prepare and make available proposed within the boundaries, we do must ensure that their actions do not for public comment a regulatory not expect the designation of this destroy or adversely modify critical flexibility analysis that describes the proposed critical habitat to significantly habitat under section 7. While non- effects of the rule on small entities affect energy supplies, distribution, or Federal entities that receive Federal (small businesses, small organizations, use. Therefore, this action is not a funding, assistance, or permits, or that and small government jurisdictions). significant energy action, and no otherwise require approval or However, no regulatory flexibility Statement of Energy Effects is required. authorization from a Federal agency for analysis is required if the head of the However, we will further evaluate this an action, may be indirectly impacted agency certifies the rule will not have a issue as we conduct our economic by the designation of critical habitat, the significant economic impact on a analysis, and review and revise this legally binding duty to avoid substantial number of small entities. assessment as warranted. destruction or adverse modification of The SBREFA amended the RFA to critical habitat rests squarely on the require Federal agencies to provide a Unfunded Mandates Reform Act (2 Federal agency. Furthermore, to the certification statement of the factual U.S.C. 1501 et seq.) extent that non-Federal entities are basis for certifying that the rule will not In accordance with the Unfunded indirectly impacted because they have a significant economic impact on Mandates Reform Act (2 U.S.C. 1501 et receive Federal assistance or participate a substantial number of small entities. seq.), we make the following findings: in a voluntary Federal aid program, the At this time, we lack the available (1) This rule would not produce a Unfunded Mandates Reform Act would economic information necessary to Federal mandate. In general, a Federal not apply, nor would critical habitat provide an adequate factual basis for the mandate is a provision in legislation, shift the costs of the large entitlement required RFA finding. Therefore, we statute, or regulation that would impose programs listed above onto State defer the RFA finding until completion an enforceable duty upon State, local, or governments. of the draft economic analysis prepared Tribal governments, or the private (2) We do not believe that this rule under section 4(b)(2) of the Act and sector, and includes both ‘‘Federal would significantly or uniquely affect Executive Order 12866. This draft intergovernmental mandates’’ and small governments. The lands being economic analysis will provide the ‘‘Federal private sector mandates.’’ proposed for critical habitat designation required factual basis for the RFA These terms are defined in 2 U.S.C. are predominantly owned by the Bureau

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of Land Management, the Bureau of the species are more clearly defined, defined under the authority of NEPA (42 Reclamation, the U.S. Military, the U.S. and the elements of the features of the U.S.C. 4321 et seq.), need not be Forest Service, the National Park habitat necessary to the conservation of prepared in connection with listing a Service, the State of Arizona, and the the species are specifically identified. species as an endangered or a Tohono O’odham and Navajo Nations. This information does not alter where threatened species under the Act. We None of these government entities fit the and what federally sponsored activities published a notice outlining our reasons definition of ‘‘small governmental may occur. However, it may assist local for this determination in the Federal jurisdiction.’’ Therefore, a Small governments in long-range planning Register on October 25, 1983 (48 FR Government Agency Plan is not (rather than having them wait for case- 49244). required. However, we will further by-case section 7 consultations to It is our position that, outside the evaluate this issue as we conduct our occur). jurisdiction of the U.S. Court of Appeals economic analysis, and review and Where State and local governments for the Tenth Circuit, we do not need to revise this assessment if appropriate. require approval or authorization from a prepare environmental analyses Federal agency for actions that may Takings—Executive Order 12630 pursuant to NEPA in connection with affect critical habitat, consultation designating critical habitat under the In accordance with Executive Order under section 7(a)(2) would be required. Act. We published a notice outlining 12630 (Government Actions and While non-Federal entities that receive our reasons for this determination in the Interference with Constitutionally Federal funding, assistance, or permits, Federal Register on October 25, 1983 Protected Private Property Rights), we or that otherwise require approval or (48 FR 49244). This position was upheld have analyzed the potential takings authorization from a Federal agency for by the U.S. Court of Appeals for the implications of designating critical an action, may be indirectly impacted Ninth Circuit (Douglas County v. habitat for the acun˜ a cactus and the by the designation of critical habitat, the Babbitt, 48 F.3d 1495 (9th Cir. 1995), Fickeisen plains cactus in a takings legally binding duty to avoid cert. denied 516 U.S. 1042 (1996)). implications assessment. Critical habitat destruction or adverse modification of designation does not affect landowner critical habitat rests squarely on the Clarity of the Rule actions that do not require Federal Federal agency. We are required by Executive Orders funding or permits, nor does it preclude 12866 and 12988 and by the Civil Justice Reform—Executive Order development of habitat conservation Presidential Memorandum of June 1, 12988 programs or issuance of incidental take 1998, to write all rules in plain permits to permit actions that do require In accordance with Executive Order language. This means that each rule we Federal funding or permits to go 12988 (Civil Justice Reform), the Office publish must: forward. The takings implications of the Solicitor has determined that the (1) Be logically organized; assessment concludes that this rule does not unduly burden the judicial (2) Use the active voice to address designation of critical habitat for the system and that it meets the readers directly; acun˜ a cactus and the Fickeisen plains requirements of sections 3(a) and 3(b)(2) (3) Use clear language rather than cactus does not pose significant takings of the Order. We have proposed jargon; implications for lands within or affected designating critical habitat in (4) Be divided into short sections and by the designation. However, we have accordance with the provisions of the sentences; and not yet completed the economic Act. This proposed rule uses standard (5) Use lists and tables wherever analysis for this proposed rule. Once the property descriptions and identifies the possible. economic analysis is available, we will elements of physical or biological If you feel that we have not met these review and revise this preliminary features essential to the conservation of requirements, send us comments by one assessment as warranted, and prepare a the acun˜ a cactus and the Fickeisen of the methods listed in the ADDRESSES takings implication assessment. plains cactus within the designated section. To better help us revise the rule, your comments should be as Federalism—Executive Order 13132 areas to assist the public in understanding the habitat needs of the specific as possible. For example, you In accordance with Executive Order species. should tell us the numbers of the 13132 (Federalism), this proposed rule sections or paragraphs that are unclearly does not have significant Federalism Paperwork Reduction Act of 1995 (44 written, which sections or sentences are effects. A Federalism summary impact U.S.C. 3501 et seq.) too long, the sections where you feel statement is not required. In keeping This rule does not contain any new lists or tables would be useful, etc. with Department of the Interior and collections of information that require Government-to-Government Department of Commerce policy, we approval by OMB under the Paperwork Relationship With Tribes requested information from, and Reduction Act of 1995 (44 U.S.C. 3501 coordinated development of, this et seq.). This rule will not impose In accordance with the President’s proposed critical habitat designation recordkeeping or reporting requirements memorandum of April 29, 1994 with appropriate State resource agencies on State or local governments, (Government-to-Government Relations in Arizona. The designation of critical individuals, businesses, or with Native American Tribal habitat in areas currently occupied by organizations. An agency may not Governments; 59 FR 22951), Executive the acun˜ a cactus or the Fickeisen plains conduct or sponsor, and a person is not Order 13175 (Consultation and cactus may impose nominal additional required to respond to, a collection of Coordination With Indian Tribal regulatory restrictions to those currently information unless it displays a Governments), and the Department of in place and, therefore, may have little currently valid OMB control number. the Interior’s manual at 512 DM 2, we incremental impact on State and local readily acknowledge our responsibility governments and their activities. The National Environmental Policy Act (42 to communicate meaningfully with designation may have some benefit to U.S.C. 4321 et seq.) recognized Federal Tribes on a these governments because the areas We have determined that government-to-government basis. In that contain the physical or biological environmental assessments and accordance with Secretarial Order 3206 features essential to the conservation of environmental impact statements, as of June 5, 1997 (American Indian Tribal

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Rights, Federal-Tribal Trust Nation describing the exclusion process from the Arizona Ecological Services Responsibilities, and the Endangered under section 4(b)(2) of the Act, and we Field Office (see FOR FURTHER Species Act), we readily acknowledge have engaged in conversations with the INFORMATION CONTACT). our responsibilities to work directly Tribes about the proposal to the extent Authors with tribes in developing programs for possible without disclosing pre- healthy ecosystems, to acknowledge that decisional information. In addition, we The primary authors of this package Tribal lands are not subject to the same have engaged in informal conservations are the staff members of the Arizona controls as Federal public lands, to with representatives of the Navajo Ecological Services Field Office. Nation and the Tohono O’odham Nation remain sensitive to Indian culture, and List of Subjects in 50 CFR Part 17 to make information available to tribes. during the listing process and so the tribes has been made aware that the Endangered and threatened species, There are Tribal lands included in the Service is working on critical habitat Exports, Imports, Reporting and proposed designation of critical habitat proposals for the two species. We will recordkeeping requirements, ˜ for the acuna cactus and the Fickeisen schedule a meeting with the Navajo Transportation. plains cactus. Using the criteria found Nation and Tohono O’odham Nation Proposed Regulation Promulgation in the Criteria Used To Identify Critical and any other interested tribes shortly Habitat section for both species, we after publication of this proposed rule Accordingly, we propose to amend have determined that tribal lands that so that we can give them as much time part 17, subchapter B of chapter I, title are occupied by the acun˜ a cactus and as possible to comment. We will also 50 of the Code of Federal Regulations, the Fickeisen plains cactus contain the send letters to all other tribes with as set forth below: features essential for the conservation of interest in the general geographical both species, as well as tribal lands areas of the acun˜ a cactus and Fickeisen PART 17—[AMENDED] unoccupied by the acun˜ a cactus are plains cactus range, including the essential for the conservation of the 1. The authority citation for part 17 following: Ak Chin Indian Community; continues to read as follows: species. We will seek government-to- Chemehuevi Indian Tribe; Cocopah government consultation with these Tribe; Colorado River Indian Tribes; Authority: 16 U.S.C. 1361–1407; 16 U.S.C. tribes throughout the public comment Havasupai Tribe; Hopi Tribe; Kaibab 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. period and during development of the Band of Paiute Indians; Pascua Yaqui final designations of critical habitat for Tribe; Salt River Pima-Maricopa Indian 2. Amend § 17.12(h) by adding entries the acun˜ a cactus and Fickeisen plains Community; San Carlos Apache Tribe; for ‘‘Echinomastus erectocentrus var. cactus. We will consider these areas for White Mountain Apache Tribe; Yavapai- acunensis’’ and ‘‘Pediocactus exclusion from the final critical habitat Apache Nation; Yavapai-Prescott Tribe; peeblesianus var. fickeiseniae’’ in designation to the extent consistent with and Pueblo of Zuni Tribe. alphabetical order under FLOWERING the requirements of 4(b)(2) of the Act. PLANTS, to the List of Endangered and References Cited The Navajo Nation and the Tohono Threatened Plants, as follows:. O’odham Nation are the main tribes A complete list of references cited in affected by this proposed rule. We this proposed rulemaking is available on § 17.12 Endangered and threatened plants. recently sent a notification letter to the the Internet at http:// * * * * * Navajo Nation and the Tohono O’odham www.regulations.gov and upon request (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

FLOWERING PLANTS

******* Echinomastus Acun˜a cactus ...... U.S.A. (AZ), Mexico Cactaceae ...... E 17.96(a) NA erectocentrus var. acunensis.

******* Pediocactus Fickeisen plains U.S.A. (AZ) ...... Cactaceae ...... E 17.96(a) NA peeblesianus var. cactus. fickeiseniae.

*******

3. Amend § 17.96 by adding entries Family Cactaceae: Echinomastus (i) Native vegetation within the for ‘‘Echinomastus erectocentrus var. erectocentrus var. acunensis (acun˜ a Paloverde-Cacti-Mixed Scrub Series of acunensis (acun˜ a cactus) and cactus) the Arizona Upland Subdivision of the ‘‘Pediocactus peeblesianus var. (1) Critical habitat units are depicted Sonoran Desert-scrub at elevations fickeiseniae (Fickeisen plains cactus),’’ for Maricopa, Pima, and Pinal Counties, between 365 to 1,150 m (1,198 to 3,773 in alphabetical order under the family Arizona, on the maps below. ft). This vegetation must contain Cactaceae, to read as follows. (2) Within these areas, the primary predominantly native plant species that: § 17.96 Critical habitat—plants. constituent elements of the physical or a. Provide protection to the acun˜ a biological features essential to the cactus. Examples of such plants are (a) Flowering plants. conservation of the acun˜ a cactus consist creosote bush, ironwood, and palo * * * * * of: verde;

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b. Provide for pollinator habitat with paved areas) and the land on which they of the critical habitat designation. The a radius of 900 m (2,953 ft) around each are located existing within the legal coordinates or plot points or both on individual, reproducing acun˜ a cactus; boundaries on the effective date of this which each map is based are available c. Allow for seed dispersal through rule. to the public at the Service’s internet the presence of bare soils immediately (4) Critical habitat map units. Digital site, (http://www.fws.gov/southwest/es/ adjacent to and within 10 m (32.8 ft) of data layers defining map units were arizona/), (http://www.regulations.gov individual, reproducing acun˜ a cactus. created using geology, topography, at Docket No. FWS–RX–ES–2012–0061 (ii) Soils overlying rhyolite, andesite, elevation, vegetation community, mean and at the field office responsible for annual precipitation from the 1971 to tuff, granite, granodiorite, diorite, or this designation. You may obtain field Cornelia quartz monzonite bedrock that 2000 period of record, and acun˜ a cactus office location information by are in valley bottoms, on small knolls, herbarium and site visit records from contacting one of the Service regional or on ridgetops, and are generally on 1952 to the present; these were mapped offices, the addresses of which are listed slopes of less than 30 percent. using Universal Transverse Mercator (3) Critical habitat does not include (UTM) coordinates. The maps in this at 50 CFR 2.2. manmade structures (such as buildings, entry, as modified by any accompanying (5) Index map follows: aqueducts, runways, roads, and other regulatory text, establish the boundaries BILLING CODE 4310–55–P

(6) Unit 1: Organ Pipe Cactus National Monument, Pima County, AZ. Map of Unit 1 follows:

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(7) Unit 2: Ajo Unit, Pima County, AZ. Map of Unit 2 follows:

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(8) Unit 3: Sauceda Mountains Unit, of Unit 3 is provided at paragraph (7) of (9) Unit 4: Sand Tank Mountains Maricopa and Pima Counties, AZ. Map this entry. Unit, Maricopa County, AZ. Map of Unit 4 follows:

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(10) Unit 5: Mineral Mountain Unit and Unit, Pinal County, AZ. Map of Units 5 and 6 follows:

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BILLING CODE 4310–55–P (2) Within these areas, the primary b. Derived from limestone of the (11) Unit 6: Box O Wash Unit, Pinal constituent elements of the physical or Harrisburg member of the Kaibab County, AZ. Map of Unit 6 is provided biological features essential to the Formation and Toroweap Formation; at paragraph (10) of this entry. conservation of the Fickeisen plains c. Underlain with Coconino Family Cactaceae: Pediocactus cactus consist of: Sandstone, and sandstone and peeblesianus var. fickeiseniae (i) Soils in northern Arizona on the mudstone of the Moenkopi Formation; (Fickeisen plains cactus) Colorado Plateau that are: d. At an elevation of 1,310 to 1,813 m (1) Critical habitat units are depicted a. Formed from alluvium, colluvium, (4,200 to 5,950 ft); for Mohave and Coconino Counties, or Aeolian deposits; e. Are gravelly-loam, fine-textured, Arizona, on the maps below. well drained, and shallow;

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f. On terraces, benches, tops of mesas the cactus’ pollinators and space for boundaries on the effective date of this and plateaus, toe-slope of hills with a 0 seed dispersal and germination; and rule. to 20 percent slope; (iii) Provide for pollinator habitat (4) Critical habitat map units. Data g. Supportive of biological soil crusts; with a radius of 1,000 m (3,280 ft) layers defining map units were created around each individual, reproducing using a base of U.S. Geological Survey h. Within the Plains and Great Basin 7.5’ quadrangle maps. Critical habitat Fickeisen plains cactus. grassland and Great Basin desert scrub units were then mapped using Universal vegetation communities; (3) Critical habitat does not include Transverse Mercator (UTM) zone 11, (ii) Native vegetation in areas that manmade structures (such as buildings, North American Datum (NAD) 1983 have natural, generally intact surface aqueducts, runways, roads, and other coordinates. and subsurface features that provide paved areas) and the land on which they (5) Note: Index map follows: habitat and suitable nesting substrate for are located existing within the legal BILLING CODE 4310–55–P

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(6) Unit 1: Hurricane Cliffs Unit, Mohave County, AZ. Map of Unit 1 follows:

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(7) Unit 2: Sunshine Ridge Unit, Mohave County, AZ. Map of Units 2 and 3 follow:

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(8) Unit 3: Clayhole Valley Unit, (9) Unit 4: Snake Gulch Unit, Mohave County, AZ. Map of Unit 3 is Coconino County, AZ. Map of Unit 4 provided at paragraph (7) of this entry. follows:

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(10) Unit 5: House Rock Valley Unit, Coconino County, AZ. Maps of Unit 5 and 6 follows:

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(11) Unit 6: Tiger Wash Unit, (12) Unit 7: Little Colorado River Coconino County, AZ. Map of Unit 6 is Overlook Unit, Coconino County, AZ. provided at paragraph (10) of this entry. Map of Units 7 and 8 follows:

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(13) Unit 8: Gray Mountain Unit, (14) Unit 9: Cataract Canyon Unit, Coconino County, AZ. Map of Unit 8 is Coconino County, AZ. Map of Unit 9 provided at paragraph (12) of this entry. follows:

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* * * * * Dated: September 17, 2012. Michael J. Bean, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2012–23853 Filed 10–2–12; 8:45 am] BILLING CODE 4310–55–C

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